LAST UPDATED:  [December 1, 2017]

TERMS OF USE

Please read this Terms of Use agreement carefully.  Your use of the Site (as defined below) constitutes your agreement to this Terms of Use agreement.

This site (together with any successor site(s) and all Services (as defined below), the "Site") is operated by Warner Bros. Records, a Warner Music Group Company and Shakey Pictures, Inc. ("we," "us").    We provide Site users, at our discretion, with access to content and services (including the Streaming Service (as defined below in Section 11)) related to us and our artists, including music, images, forums, games, text, data and other content (such content and services, collectively, the "Services").  Your use of the Site is governed by these Terms of Use (this "Agreement"), regardless of how you access the Site (including through the Internet, through Wireless Access Protocol (commonly referred to as "WAP"), through a mobile network, or otherwise). This Agreement is between you and us.

PLEASE NOTE:  The Site may include or be used in connection with certain Third Party Applications (as defined in Section 18 below).  Your access to or use of such Third Party Applications may be governed by additional terms and conditions that are not set forth in this Agreement and that are made available by the particular providers of such Third Party Applications.

This Agreement contains a mandatory arbitration provision that, as further set forth in Section 24 below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.

1.         Acceptance of Terms.  By using the Site, you agree to the terms of this Agreement and to any additional rules and guidelines that we post on the Site.  We may make changes to this Agreement from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site.  You can determine when we last changed this Agreement by referring to the "LAST UPDATED" legend above.  Your use of the Site following changes to this Agreement will constitute your acceptance of those changes; provided, however, any material change to this Agreement shall not apply retroactively to any claim or dispute between you and us in connection with this Agreement that arose prior to the "LAST UPDATED" date applicable to that version of this Agreement in which we included such material change.  We may, at any time, without liability, modify or discontinue all or part(s) of the Site, Services or related functionality, including by limiting access to the Site, Services or such functionality for use only on a paid subscription basis; charge, modify or waive fees required to use the Site, Services or related functionality, including on a paid subscription basis; or offer opportunities to some or all Site users.

2.         Jurisdiction.  The Site is controlled and/or operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement.  The Site may not be appropriate or available for use in some jurisdictions outside of the United States.  If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations in doing so.  We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion and you agree not to circumvent, or attempt to circumvent, any such limitations we may impose from time to time.

3.         Information You Submit.  Your submission of information through the Site is governed by our Privacy Policy, which is located at http://neilyoungarchives.com/privacy.html (the "Privacy Policy").  Further, to the extent that you submit any personally identifiable information to any third party (for example, a Provider (as defined in Section 6(b) below)) in connection with the Site (for example, via a Third Party Application, as defined in Section 18 below), such third party's collection, use and disclosure of such information may be governed by its own privacy policy, and not by our Privacy Policy. In any event, we are not responsible for the information collection, usage and disclosure practices of third parties.  You represent and warrant that all information you provide to us is and will remain true, accurate and complete, and you will maintain and update such information regularly.  If you choose to make any of your personally identifiable or other information publicly available on, through or in connection with the Site, you do so at your own risk.

4.         Rules of Conduct.  In using the Site, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behavior.  In addition, you will comply with the following "Rules of Conduct" as updated from time to time by us.  In connection with the Site, you will not:

Without limiting Section 23 below, we may terminate your use of the Site for any conduct that we consider to be inappropriate, or for your breach of this Agreement, including the Rules of Conduct (including, without limitation, if you repeatedly engage in copyright infringement via or in connection with the Site).

5.         Registration.  You may need to register to use any part(s) of the Site.  We may reject, or require that you change, any user name, password or other information that you provide to us in registering.  Your user name and password are for your personal use only and should be kept confidential; you, and not us, are responsible for any use or misuse of your user name and/or password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and/or password, or your Site account.

6.         Submissions.

a.         Generally.  The Site may contain areas where you can, through or in connection with the Site, post or make available certain information and materials, including, without limitation, text, images, photographs, graphics, music, videos, audiovisual works, data, files, links and other materials (each, a "Submission").  For purposes of clarity, you retain ownership of any Submissions that you post or make available, subject to the terms and conditions of this Agreement (including the license grant in Section 6(b) below).  We have no control over and are not responsible for any use or misuse (including any distribution) by any third party of any Submissions.

b.         License Grant.  For each Submission that you post or make available, you hereby grant to us and our affiliates (including without limitation Warner Music Inc., Warner Music Group, Atlantic Records, Rhino Entertainment and our other affiliated record labels) (collectively, our "Affiliates") a world-wide, royalty free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to:  (i) reproduce, distribute, transmit, communicate to the public, perform and display (publicly or otherwise), edit, modify, adapt, create derivative works from and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, on or in connection with the Site or any of our (or our Affiliates') similar services or products (e.g., any web sites, and any desktop, mobile or other applications, widgets or APIs) (such services or products, collectively, the "Site-Related Services"); (ii) exercise all trademark, publicity and other proprietary rights with regard to such Submission; (iii) use your name, photograph, portrait, picture, voice, likeness and biographical information as provided by you in connection with your Submission for any promotional purposes related to the Site or the Site-Related Services, in each case, in connection with your Submission; and (iv) use your Submission (including the contents thereof) for any promotional or other business purposes related to the Site, the Site-Related Services, and Artists (as defined below).  For the purpose of clarification, nothing in this Agreement shall be deemed to authorize you to incorporate into any Submission any content or material owned by us, our Affiliates or our or their respective artists ("Artists"), directors, officers, employees, agents and representatives ("Representatives") and licensors and service providers (collectively, "Providers").  IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS SECTION 6, PLEASE DO NOT POST OR MAKE AVAILABLE ANY SUBMISSIONS ON, THROUGH OR IN CONNECTION WITH THE SITE.

c.         Disclaimers.  It is possible that Site visitors will post or make available information or materials on, through or in connection with the Site that are wrong or misleading or that otherwise violate this Agreement.  We, our Affiliates and our and their respective Artists, Representatives and Providers do not endorse and are not responsible for any information or materials made available through or in connection with the Site or your use of such information or materials.  All Submissions will be deemed to be non-confidential and may be used by us (i) without any confidentiality or other non-disclosure obligations and (ii) without attribution to you or any third party.  We reserve the right, in our sole discretion and at any time, to set limits on the number and size of any Submissions that may be posted or made available on, through or in connection with the Site or the amount of storage space available for Submissions.

d.         Acknowledgement.  You hereby acknowledge and agree that (i) you have received good and valuable consideration in exchange for the rights granted by you hereunder in and to any Submission that you post or make available, including, without limitation, the ability to participate in activities on, through or in connection with the Site and the possibility that publicity or favorable exposure may arise from our or our Affiliates' use of such Submission or any derivative works incorporating or embodying such Submission; and (ii) you are not entitled to any further compensation for any use or other exploitation of such Submission by us or our Affiliates or any other party (including, without limitation, our or their Affiliates' Artists, Representatives and Providers) pursuant to the rights in such Submission that have been granted hereunder and/or that are available under applicable law.

e.         Representations and Warranties.  You hereby represent and warrant that: (i) you have the legal right and authority to enter into this Agreement; (ii) you solely own, or otherwise have the full right and permission to exploit, all of the rights in, to, and under any Submission that you post or make available and to grant the rights and licenses set forth herein, and with respect to any third party materials that appear in or are otherwise incorporated or embodied in any Submission that you post or make available, you have obtained express, written clearances from all owners of and rights holders in such third party materials as necessary to grant the rights and licenses set forth herein; (iii) you have obtained the written consent, release, and/or permission of every identifiable individual who appears in any Submission that you post or make available, to use such individual's name and likeness for purposes of using and otherwise exploiting such Submission(s) in the manner contemplated by the Agreement, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request); (iv) any Submission that you post or make available, and the use thereof by us, our Affiliates, and our and their respective designees (including, without limitation, our and their respective Artists, Representatives and Providers), do not and shall not infringe upon or violate any patent, copyright, trademark, trade secret, or other intellectual property rights or other rights of any third party; (v) any Submission that you post or make available is not confidential and does not contain any confidential information; and (vi) in creating, preparing and posting or making available any Submission, you (A) have complied and will comply in all respects with all applicable laws, rules (including, without limitation, our Rules of Conduct), and regulations and (B) have not violated and will not violate any understanding by which you are explicitly or implicitly bound (including without limitation any agreement with any third party).  If you do post or make available a Submission that contains the likeness of an identifiable individual, we strongly encourage you not to include any identifying information (such as the individual's name or address) within such Submission.

f.          Waiver; Further Assurances; Indemnity.  To the extent permitted under applicable law, you agree to forever release, discharge and waive all claims against us, our Affiliates and our and their respective Artists, Representatives and Providers from, and covenant not to initiate, file, maintain, or proceed upon any suit, claim, demand, or cause of action against us, our Affiliates and our and their respective Artists, Representatives and Providers with respect to, any and all claims, demands, actions, losses, costs, damages, liabilities, judgments, settlements and expenses (including, without limitation, reasonable attorneys' fees) that relate in any way to this Agreement and/or the use of any Submission in a manner consistent with the rights granted under this Agreement, including, without limitation, any claim for idea misappropriation.  Additionally, to the extent permitted under applicable law, you hereby waive any and all rights that you may have under laws worldwide that concern "moral rights" or "droit moral," or similar rights with respect to attribution or authorship or integrity of materials, in connection with any Submission that you post or make available (and you hereby represent and warrant that you have obtained clear, express written waivers from any applicable third parties with respect to any and all rights that such third parties may have under such laws in connection with any Submission that you post or make available).  At any time upon our request, you shall:  (i) take or cause to be taken all such actions as we may reasonably deem necessary or desirable in order for us and our Affiliates to obtain the full benefits of this Agreement and any licenses granted by you hereunder, and (ii) execute a non-electronic hard copy of this Agreement.  Without limiting any other provision herein, you agree to indemnify us, our Affiliates, and our and their respective Artists, Representatives and Providers as further set forth herein, including in Section 22 below.

g.         No Obligation to Use.  For the purpose of clarification, it shall be in our sole discretion whether or not to exercise any right granted to us under this Agreement, and we shall have no obligation to use or otherwise exploit any Submission.

7.         Unsolicited Submissions.  Notwithstanding anything to the contrary in this Agreement, we and our Affiliates do not accept, invite or consider unsolicited submissions of ideas, proposals or suggestions ("Unsolicited Submissions"), whether related to the Site, our Products, Services or otherwise.  We do not treat Unsolicited Submissions as confidential, and any Unsolicited Submission will become our or our Affiliates' sole property.  We and our Affiliates have no obligations with respect to Unsolicited Submissions and may use them for any purpose whatsoever without compensation to you or any other person.  You hereby acknowledge and agree that your provision of Unsolicited Submissions is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation.

8.         Monitoring.  We may, but have no obligation to:  (a) monitor, evaluate or alter Submissions before or after they appear on the Site; (b) seek to verify that all rights, consents, releases and permissions in or relating to such Submission have been obtained by you in accordance with your representations above; (c) refuse, reject or remove any Submission at any time or for any reason (including, without limitation, if we determine, in our sole discretion, that all rights, consents, releases and permissions have not been obtained by you despite your representations above); or (d) analyze your access to or use of the Site.  You agree to cooperate with us in our verification or inquiries related to any of the foregoing.  We may disclose information regarding your access to and use of the Site, including any Submissions,  and the circumstances surrounding such access, use and the transmission of any such Submissions, to anyone for any reason or purpose, and in accordance with our Privacy Policy.  If you become aware of any unlawful, offensive or objectionable material(s) on the Site (except for material that infringes copyright, which is addressed in Section 29 below), contact us at privacypolicy@wmg.com with your name and address, a description of the material(s) at issue and the URL or location of such materials.

9.         Your Limited Rights. Subject to your compliance with the terms and conditions of this Agreement, and solely for so long as you are permitted by us to use the Site, you may view one (1) copy of any portion of the Site to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use.  In connection with your use of the Site (including any Services), you agree that we (directly or through our service providers) may make use of certain features of your device, including processing, bandwidth and storage-related features, in order to facilitate your use of the Site.

10.          Products.  All rights in any products available through the Site, such as music, ring tones, ring back tones, SMS tones, images (e.g., screen savers), video, artwork, text, software and other copyrightable materials (collectively, the "Products") are owned by us, our Affiliates and/or our (or their) licensors. If a separate agreement provided by us or an Affiliate governs a particular Transaction (as defined in Section 12 below) or Product, or your use of a particular Product, and the terms of such separate agreement conflict with the terms of this Agreement, the terms of such separate agreement will govern such Transaction (as defined in Section 12 below) or use of such Product. Subject to your compliance with the terms and conditions of this Agreement and any other applicable terms and conditions imposed by us, our Affiliates and/or our (or their) licensors, you have a limited right to use those Products that you purchase or access through the Site solely for your personal, noncommercial use in accordance with the terms and conditions of this Agreement and any other terms and conditions that may apply to such Products, which right you cannot sublicense to others. Any burning or exporting capabilities, if any, of any Product shall not constitute a grant or waiver of any of our rights or those of any copyright or other rights owners in such Product, any other Product or any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in or associated with such Product or any other Product. You understand that the Site and the Products may include and/or rely on a security framework using technology that protects digital information and imposes usage rules established by us, our Affiliates and our (or their) licensors, and you hereby agree to abide by such usage rules, including those set forth below. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product. Unless we expressly provide otherwise, all Transactions, all Products and your use of such Products are subject to this Agreement.

11.          Streaming Service. Subject to the terms of this Agreement, we may make available to you, in our sole discretion, a Service for the streaming of music through or in connection with the Site (the “Streaming Service”).  All rights in the Streaming Service (including any music made available through such service) are owned by us, our Affiliates and/or our (or their) licensors.  If a separate agreement provided by us or any of our Affiliates governs a particular Transaction (as defined in Section 12 below) for a subscription to the Streaming Service, and the terms of such separate agreement conflict with the terms of this Agreement, the terms of such separate agreement will govern such Transaction and/or use of the Streaming Service.  Subject to your compliance with the terms and conditions of this Agreement and any other applicable terms and conditions imposed by us from time to time, our Affiliates and/or our (or their) licensors, we hereby grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to stream music made available by us as part of the Streaming Service from the Site to a personal computer or portable device under your ownership and control, solely for your own personal non-commercial use.  You may not use the Streaming Service in connection with a business or for the benefit of any other person or entity.  You agree not to download or otherwise make any copies of any streamed music.  The Streaming Service, and any music made available pursuant to such service, is licensed, and not sold.  All rights to the Streaming Service not specifically granted to you in this Section 11 are reserved to us, our Affiliates and/or our (or their) licensors.  We reserve the right to limit (a) the number of devices with which you can access the Streaming Service or (b) simultaneous streaming to two or more devices.  You understand that the Streaming Service may include and/or rely on a security framework using technology that protects digital information and imposes usage rules established by us, our Affiliates and our (or their) licensors, and you hereby agree to abide by such usage rules, including those set forth below. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding your access to and/or use of the Streaming Service. Unless we expressly provide otherwise, the Streaming Service and your use of the Streaming Service are subject to the terms of this Agreement, including the usage restrictions set forth in Section 14 below. 

12.          Purchases. If you wish to purchase any Products or subscribe to any Services (including the Streaming Service) made available through the Site (each such purchase or subscription, a "Transaction"), you may be asked to supply certain information in connection with such Transaction, including without limitation your credit card number or other payment account number (for example, your wireless account number), your billing address, and your shipping information. BY INITIATING A TRANSACTION, YOU REPRESENT AND WARRANT THAT YOU (A) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU. By submitting such information, you grant us the right to use such information in accordance with our Privacy Policy, including, without limitation, by providing such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that, as applicable any Services and/or any Products will be used only in a lawful manner.

Descriptions and images of, and references to, Products or Services on the Site do not imply our endorsement of such Products or Services. Except to the extent prohibited by applicable law, we reserve the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of or discontinue making available any Product or Service or access to the Site; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any Product or any Service. Price and availability of any Product or Service offered through the Site, or access to the Site, is subject to change without notice. In the event that an incorrect price or other incorrect information is listed with respect to a Product or a Service, we have the right to refuse or cancel any Transaction for such Product or Service. You shall pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges, and any applicable network, data or other charges in respect of mobile downloads. In addition, you remain responsible for any taxes (including, if applicable, VAT and/or any import duties) that may be applicable to your Transaction(s).

Except to the extent applicable law provides otherwise, all sales through or in connection with the Site are final, and all charges from those sales are nonrefundable, except as otherwise expressly set forth in this Agreement. We or our third party designees may automatically process charges against your selected payment method on the receipt page or when we provide you with a "Download Now" link, if any. We or our third party designees will inform you if all or any portion of your order is canceled or if additional or different information is required to accept or complete your order.

13. Product Delivery; Service Access. Except to the extent prohibited by applicable law, we reserve the right to change Product delivery or Service access options without notice. On occasion, technical and other problems may delay or prevent delivery of a particular Product or Service. Except to the extent that applicable law provides otherwise, your sole and exclusive remedy with respect to any Product or Service that is not delivered within a reasonable period will be either replacement of such Product or Service or a refund of the purchase price paid for such Product or Service, as determined by us in our sole discretion.

14. Usage Restrictions for Products or Services. All Products or Services you purchase, obtain or access on, through or in connection with the Site are solely for your personal, non-commercial use. Except as otherwise expressly provided herein, you may not reproduce, publish, transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Products or Services (including any streamed music), or any related software. Except as permitted under applicable law, you may not reverse engineer, decompile, disassemble, modify or disable any Products or Services, or any copyright protection or use limitation systems associated with the Products or Services. You may not play and then re-digitize any Products or Services (including any streamed music), or upload any Products or Services, or derivatives thereof to the Internet. Unless expressly permitted by us (e.g., a "Create Your Own Video" contest offered on the Site), you may not use the Products or Services in conjunction with any other content, including without limitation, in conjunction with any other Products or Services (e.g., to provide sound for video). You may not transfer, sell or offer to sell the Products or Services, including, without limitation, posting any Product or Service-related content for auction on any Internet auction site or "trading" the Products or Services for money, goods or services. You are not granted any commercial sale, resale, reproduction, distribution or promotional use rights in connection with Products or Services (including any Services-related content) or any rights that require a synchronization or public performance license with respect to an underlying musical composition. Additionally, the following usage restrictions apply based on the type of Product you are purchasing or obtaining through the Site:

PRODUCT OR SERVICE TYPE

TERMS OF USAGE

 

Full Permanent Non-MP3 Digital Audio Downloads

Personal Computers: You may not activate any audio track purchased or obtained via the Site on more than three (3) traditional personal computers.
CD Burning: You may not make more than seven (7) burns of a particular playlist (such as an album) to a CD.
Portable Devices: You may not transfer audio tracks purchased or obtained via the Site from personal computers to more than three (3) traditional portable devices (or to any cellular telephone or other device capable of cellular or WAP communication).

 

Full Permanent Digital Video Downloads

Personal Computers: You may not activate each video purchased or obtained via the Site on more than three (3) traditional personal computers.
No DVD Burning: You may not burn to DVD any digital copy of a purchased video.
Portable Devices: You may not transfer videos purchased or obtained via the Site from personal computers to more than three (3) traditional portable devices (or to any cellular telephone or other device capable of cellular or WAP communication).

 

Digital Video Rentals

Limited-time downloads or limited-access streaming to a personal computer or portable device, including mobile devices, is permitted for a period of 24 hours or such other limited time period as specified in the particular offering pursuant to which the rental occurs.

 

Digital Audio Streaming Service

Limited-access streaming to a personal computer or portable device is permitted solely through the Site for so long as we make such streaming capability available to you or such other limited time period as specified in an applicable Transaction (including in a series of Transactions on a subscription basis).  We reserve the right to limit (a) the number of devices with which you can access the Streaming Service or (b) simultaneous streaming to two or more devices

 

Other

Any other types of digital products or services sold or offered on or in connection with this Site are subject to the terms set forth in the specific offering pursuant to which the sale or other type of offering occurs. In the event of a conflict between these Terms of Usage and the terms and conditions set forth in such specific offering, the terms of the specific offering shall govern.

 

 

15.         Product and Service Requirements; Compatibility. You acknowledge that use of our Products and Services requires other hardware and software tools (e.g., in the case of full permanent audio downloads, for making copies of Products on physical media and rendering performance of Products on authorized digital player devices), and that such hardware and software, including, without limitation, all charges therefor, are your sole responsibility. To the extent permissible under applicable law, we, our Affiliates and our (and their) Artists and Representatives or Providers shall not be responsible or liable for the loss or damage of any Product or Service. Except to the extent prohibited by applicable law, we reserve the right to change at any time, with or without prior notice to you, the software or hardware required to download, transfer, copy and/or use or limit the use of any Products or Services.

16.        Rules for Promotions.  Any sweepstakes, contests, raffles, surveys, games or other promotions (collectively, "Promotions") made available through the Site may be governed by rules that are separate from this Agreement.  If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy.  If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

17.        Our Proprietary Rights.  Except and solely to the extent of any explicit license granted hereunder, we, our Affiliates and our respective licensors and suppliers own all right, title and interest in and to the Site and the information and materials made available through or in connection with the Site.  Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws.  Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or any information or materials made available through or in connection with the Site.

We, our Affiliates and/or our respective licensors or suppliers own the trade names, trademarks and service marks on the Site, including without limitation WARNER MUSIC, WARNER MUSIC GROUP, WARNER BROS. RECORDS and any associated logos.  All trade names, trademarks, service marks or logos on the Site not owned by us or our Affiliates are the property of their respective owners.  You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion.  Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks, service marks or logos without express prior written consent of the owner. 

PLEASE NOTE THAT UNAUTHORIZED USE OF THE SITE OR ANY SERVICE OR PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SITE OR ANY SERVICE, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

18.        Third Party Applications.  The Site may include third party software applications and services (or links thereto) that are made available by our Providers ("Third Party Applications").  Because we do not control Third Party Applications, you agree that neither we nor our Affiliates, nor our (nor their) respective Artists and Representatives, are responsible or liable for any Third Party Applications, including the performance, accuracy, integrity, quality, legality, usefulness, timeliness, completeness, reliability or safety of, or intellectual property rights relating to, Third Party Applications or their use.  We have no obligation to monitor Third Party Applications, and we may remove or restrict access to any Third Party Applications (in whole or part) from the Site at any time.  The availability of Third Party Applications on the Site does not imply our endorsement of, or our affiliation with any Provider of, such Third Party Applications.  Further, your use of Third Party Applications may be governed by additional terms and conditions that are not set forth in this Agreement or our Privacy Policy (for example, terms and conditions that are made available by Providers themselves in connection with Third Party Applications).  This Agreement does not create any legal relationship between you and Providers with respect to Third Party Applications, and nothing in this Agreement shall be deemed to be a representation or warranty by us, or any of our Affiliates, or our or their respective Artists, Representatives or Providers, with respect to any Third Party Application.

19.        Third Party Content.  The Site may incorporate certain functionality that allows, via the system or network of which the Site is a component, the routing and transmission of, and online access to, certain digital communications and content made available by third parties, including Submissions ("Third Party Content").  By using such Site functionality, you acknowledge and agree that you are directing us to access, route and transmit to you Third Party Content associated with such functionality.  Because we do not control Third Party Content, you agree that we are neither responsible nor liable for any Third Party Content, including the accuracy, integrity, quality, legality, usefulness, timeliness, completeness, reliability or safety of, or intellectual property rights relating to, Third Party Content.  Certain Third Party Content may, among other things, be inaccurate, misleading or deceptive. We have no obligation to monitor Third Party Content, and we may block or disable access to any Third Party Content (in whole or part) via the Site at any time.  Your access to or receipt of Third Party Content via the Site does not imply our endorsement of, or our affiliation with any provider of, such Third Party Content.  Further, your use of Third Party Content may be governed by additional terms and conditions that are not set forth in this Agreement or our Privacy Policy (for example, terms and conditions that are made available by the providers of such Third Party Content).  This Agreement does not create any legal relationship between you and the providers of such Third Party Content with respect to such Third Party Content, and nothing in this Agreement shall be deemed to be a representation or warranty by us, or any of our Affiliates, or our or their respective Artists, Representatives or Providers, with respect to any Third Party Content.

20.        Links and Feeds.  The Site may provide links to or feeds from other web sites and online resources.  We and our Affiliates are not responsible for and do not endorse such external sites or resources.  Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site.  YOUR ACCESS TO AND USE OF THIRD PARTY WEB SITES, CONTENT AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY WEB SITES, CONTENT AND RESOURCES (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY WEB SITES, CONTENT AND RESOURCES).

21.        Limitations of Liability and Disclaimers.  THE SITE AND ALL GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE ARTISTS, REPRESENTATIVES AND PROVIDERS DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE SITE AND ALL GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. (CERTAIN PROVIDERS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR THIRD PARTY APPLICATIONS; PLEASE CHECK WITH SUCH PROVIDERS FOR FURTHER INFORMATION.) WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF), OR ANY GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE IS OR WILL BE ACCURATE, COMPLETE, ERROR-FREE, OR COMPATIBLE WITH ANY PARTICULAR SOFTWARE OR HARDWARE. FURTHER, WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY SOFTWARE, HARDWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE SITE OR ANY GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE WILL FUNCTION IN ANY MANNER. YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE OR SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO USE THE SITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, EQUIPMENT, DEVICES, SYSTEMS OR SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE AND ANY GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF US, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE ARTISTS, REPRESENTATIVES AND PROVIDERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE ARTISTS, REPRESENTATIVES AND PROVIDERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL NOT BE LIABLE IN CONNECTION WITH THE SITE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH YOUR USE OR RECEIPT OF ANY THIRD PARTY APPLICATIONS OR THIRD PARTY CONTENT OR IN CONNECTION WITH YOUR SUBMISSIONS), OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE, OUR AFFILIATES AND OUR RESPECTIVE ARTISTS, REPRESENTATIVES AND PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS ON THE SITE, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE SHALL BE THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO US TO ACCESS AND USE THE SITE AND (B) TEN DOLLARS ($10.00).

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site or any Third Party Applications is or will be updated, complete, correct or secure or that any use of the Site or any Third Party Applications will be uninterrupted.  The Site or any Third Party Applications may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site or any Third Party Applications.  If you become aware of any such unauthorized third party alterations to the Site, contact us at privacypolicy@wmg.com with a description of the material(s) at issue and the URL or location of such materials. 

22.        Indemnity.  Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless us, our Affiliates and our and their respective Artists, Representatives and Providers, from and against all claims, liabilities, damages, judgments, awards, losses, costs, fees and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site (including all Submissions); (b) any violation or alleged violation of this Agreement by you; (c) any use or other exploitation, or failure or omission to use or otherwise exploit, any Submission (including any portion thereof) that you post or make available; or (d) any claim that your Submission or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including without limitation past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity or violation of rights related to the foregoing.

23.        Termination.  This Agreement is effective until terminated.  We may, at any time and for any or no reason (including if we believe you have violated or acted inconsistently with the letter or spirit of this Agreement), terminate or suspend your access to or use of:  (a) the Site, (b) your user name and password or (c) any files or information associated with your user name and password.  If we terminate or suspend your access to or use of the Site, you will not have the right to bring claims against us, our Affiliates or our or their respective Artists, Representatives and Providers with respect to such termination or suspension.  We and our Affiliates and our and their respective Artists, Representatives and Providers, shall not be liable for any termination or suspension of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination or suspension.  We may take steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement (including our right to cooperate with any legal process relating to your use of the Site, any Products or Services or any third party claim that your use of the Site or Products or Services is unlawful or infringes such third party's rights).  Sections 2, 6-8, 17-25, 27-30, 32 and 33 shall survive any expiration or termination of this Agreement.

24.        Governing Law; Dispute Resolution.  You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of the Site) is governed by and shall be construed in accordance with the laws of the United States (including federal arbitration law) and the State of New York, U.S.A., without regard to its principles of conflicts of law or the U.N. Convention of Contracts for International Sale of Goods, and regardless of your location.  Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that each of you and us are waiving the right to trial by a jury. Except as provided below regarding the class action waiver, such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge. However, as set forth below, the preceding arbitration requirement shall not apply to disputes solely to the extent relating to the interpretation or application of the class action waiver below, including its enforceability, revocability or validity.

You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. Notwithstanding anything to the contrary in this Section or any other provision of this Agreement or in the American Arbitration Association’s Consumer Arbitration Rules, disputes regarding the enforceability, revocability or validity of the foregoing class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action, and (2) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration.

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

Notwithstanding the foregoing, you agree that any unauthorized use of the Site, Services, Products or any related software or materials, or any Third Party Applications, would result in irreparable injury to us, our Affiliates or our or their respective Artists, Representatives and Providers for which money damages would be inadequate, and in such event we, our Affiliates or our or their respective Artists, Representatives and Providers, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you.  Nothing contained in this section or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that we, our Affiliates or our or their respective Artists, Representatives and Providers may have under separate legal authority, including, without limitation, any claim for intellectual property infringement.

25.        Filtering.  Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from  https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any products or services listed at this site.

26.        Information or Complaints.  Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:  If you have a question or complaint regarding the Site, please feel free to contact us via e-mail at privacypolicy@wmg.com.  E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail to us.  You may also contact us by phone at (818) 953-2600 or by writing to us at Warner Bros. Records, 3300 Warner Blvd, Burbank, CA 91505.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445 1254 or (800) 952-5210.

27.         Important Note to New Jersey Consumers.  If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in Section 21 above, the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (b) in Section 21 above, the limitation of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) in Section 21 above, application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) in Section 22 above, the requirement that you indemnify us (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) in Section 24 above, the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

28.        Forward-Looking Statements.  Statements appearing on the Site that concern us, our Affiliates or our and their management and that are not historical facts are "Forward-Looking Statements."  Forward-Looking Statements are only predictions, and actual future events may differ materially from those discussed in any Forward-Looking Statement.  Various external factors and risks affect our operations, markets, products, services and prices.  These factors and risks are described in our current annual report filed with the SEC and in other filings we make with the SEC.  You can access our most recent SEC filings via the SEC EDGAR system located at www.sec.gov, or you may obtain these filings directly from us at no charge.  We disclaim any obligation or responsibility to update, revise or supplement any Forward-Looking Statement or any other statements appearing on the Site.

29.        Claims of Copyright Infringement.  The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or disable access to it.  If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.  See http://www.copyright.gov for details.  Notices and counter-notices should be sent to:

Brad Cohen
1633 Broadway
New York, NY 10019
Telephone Number:  (212) 275-4952
Email:  dmcaagent@wmg.com

We suggest that you consult your legal advisor before filing a notice or counter-notice.

30.        Ability to Enter Into This Agreement.  By using the Site, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement. 

31.        Contact Us.  If you have any questions regarding the meaning or application of this Agreement, please direct such questions to privacypolicy@wmg.com.  E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail to us.

32.        Export Controls.  You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports.  You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

33.        Miscellaneous.  This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us.  If any provision of this Agreement is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision.  You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.  We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction.  No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.  This Agreement hereby incorporates by this reference any additional terms that we post on the Site (including, without limitation, our Privacy Policy) and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter.  Any heading, caption or section title contained herein is for convenience only, and in no way defined or explains any section or provision.  All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified.  Any use of the term “including” or variation thereof in this Agreement shall be construed as if followed by the phrase “without limitation.”  Notices to you (including notices of changes to this Agreement) may be made via posting to the Site, by e-mail or by regular mail, in our discretion.  We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices.  You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  We will not be responsible for failure to fulfill any obligation due to causes beyond our control.  Except as expressly set forth in the following sentence, nothing in this Agreement, express or implied, is intended to confer, nor shall anything herein confer on, any person other than the parties and the respective successors or permitted assigns of the parties, any rights, remedies, obligations or liabilities.  Notwithstanding the previous sentence, you agree that our Affiliates and our and their respective Artists, Representatives and those Providers who are content owners and service providers from whom we have obtained a license or other rights to use their content and services, as applicable, in connection with the Site) are third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly apply to such parties.  Notwithstanding the immediately preceding sentence, our right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

All materials © 2017 Warner Bros. Records, a Warner Music Group Company, © 2017 Shakey Pictures, Inc., © 2017 Silver Bow Productions, Inc., or © 2017 Other Shoe Productions, Inc., as applicable, unless otherwise noted.  All rights reserved.