(Last updated on October 6, 2022)
I. General
1. These terms and conditions (the
"Terms") govern your relationship (hereafter, "You" or "Your," individually) with UMG
Commercial Services, Inc. ("UMG") when You use UMG’s online services (the
"Services") via this webstore (this "Webstore"). Wherever You see "UMG" on
the website or in any of the Terms, this means UMG and any of its affiliates, subsidiaries or
any parent company (including the ultimate parent company) of UMG and any subsidiary of any such parent
company for the time being. From time to time, UMG may use the services of third parties to assist UMG in
the provision of this Webstore, however, unless otherwise stated, the Services available on this Webstore
are provided to You by UMG.
2. By purchasing products via this Webstore, You
acknowledge that only this Webstore is controlled by UMG and You accept and agree to these Terms (which
include UMG’s Privacy
Policy) and You agree that this Webstore, including any transaction You make, is
subject to these Terms. If You do not agree to these Terms, You may not use this
Webstore.
3. Orders may only be placed via this Webstore. UMG
does not accept orders in any other manner, including via telephone.
4. You should print a copy of these Terms for future
reference.
5. If You have any questions about these
Terms please contact UMG by emailing: customercare@umgstores.com
6. Placing an order via this Webstore may require You
to use third party apps to commence and/or complete Your order. As such, when placing an order via this
Webstore, You represent and warrant that You have accepted the terms and conditions of said
third party apps, as applicable.
II. Changes to These Terms
1. UMG may make changes to these Terms from time to
time, which will be effective when posted on this Webstore. UMG will not notify You directly/personally of
any changes to the Terms; as such, it is encouraged that You check this Webstore regularly for any updates
to these Terms. It is expected that You will read these Terms fully prior to any purchase, and
Your continued use of this Webstore following the posting of changes will mean You accept those
changes.
2. You will be subject to the policies and Terms in
force at the time that You order product(s) from UMG, unless any change to those policies or these Terms is
required to be made by law or a government authority (in which case it may also apply to orders previously
placed by you).
III. Webstore Content
1. The Services, this Webstore, including, without
limitation, all trademarks, music recordings, lyrics, audio and audio-visual clips, digital downloads
("Content") are owned and controlled by or licensed to UMG, its affiliates and/or
licensees. All rights in the Content are the sole and exclusive property of UMG or such affiliates,
licensors and/or licensees.
2. Unless otherwise specified, this Webstore and
Content are for Your personal and non-commercial use only.
3. You may not, without UMG’s express written
agreement, use, transfer, copy or otherwise reproduce or modify any part of this Webstore, the Services, the
Content or any source HTML code in any form or by any means (electronic, mechanical or
otherwise) except for the sole purpose of using the Services and viewing or using the Content as
permitted.
IV. System Requirements
1. You may not:
i. restrict or inhibit any other user from using and enjoying this
Webstore or the Services;
ii. act in any way that would damage, disable, overburden, or impair this Webstore or the Services or
effect or encourage conduct that would constitute a criminal offense or give rise to civil
liability;
iii. upload, post or transmit to, or distribute or otherwise publish through this Webstore any materials
that contain a virus or other harmful component, or false or misleading indications of origin or statements
of fact, or any material that is indecent, defamatory or use of which may be in breach of any third
party‘s rights;
iv. impersonate any person or entity or misrepresent Your affiliation with any other person or
entity;
v. exploit any information or other material obtained on or through this Webstore for
commercial purposes;
vi. engage in spamming, flooding, harvesting of e-mail addresses or other personal information,
"spidering," "screen scraping," "database scraping," or any other activity with the purpose of obtaining
lists of users or other information (including any activity which involves accessing or using UMG cookies
for purposes which are unrelated to the Services);
vii. attempt to gain unauthorized access to other computer systems through this Webstore or obtain or
attempt to obtain any materials or information through any means not intentionally made available or
provided for through this Webstore; or
viii. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of or
access to this Webstore, the Contents or the Services.
V. UMG’s Software
1. Software used to provide the Services
("Software") is owned by or licensed to UMG, UMG’s affiliates or
UMG’s software suppliers. All rights in the Software are the sole and exclusive property of UMG or
UMG’s suppliers. You may use the Software only for the purpose of using the Services in accordance
with these Terms and You acquire no other rights in the Software of any sort. In particular,
but without limiting the foregoing, You may not:
i. use the Software to transmit any content (including the Content)
to UMG or to any other person or entity;
ii. sell or otherwise distribute any part of the Software;
iii. modify, adapt, translate or reverse engineer any part of the Software;
iv. attempt to breach any security mechanisms or to access, tamper with or use any parts of the Software to
which access is not authorized;
v. use the Software for any illegal, unlawful, harassing, abusive or fraudulent purpose;
or
vi. use the Software for any commercial purpose.
VI. Registration and Passwords
1. If a particular Service requires You to register
with this Webstore or set up an account, You will need to complete a registration process by
providing certain information (including Your name, email address and, in some cases, payment details) and
registering a username and password for use in connection with that Service. You agree that You will provide
truthful and accurate information when registering or opening an account. The decision to register a
password is in UMG’s discretion and UMG may revoke Your password at any time.
2. You are responsible for maintaining the
confidentiality of the password and Your account information, and You are solely responsible for all
activities that occur under Your password or account and for any access to or use of this Webstore by You or
any person or entity using Your password, whether or not such access or use has been authorized
by You, and whether or not such person or entity is Your employee or agent.
3. You must immediately notify UMG of any unauthorized
use of Your password or account or any other breach of security.
4. UMG will not be liable for any loss or damage
whatsoever resulting from the disclosure of your username and/or password contrary to these Terms. You may
not use another person’s account at any time without the express permission of the account
holder.
5. You are responsible for ensuring that the
information UMG holds is up to date. Please amend your details as appropriate from time to time or
email customercare@umgstores.com to notify
UMG of any changes.
6. You should ensure that your computer meets the
minimum technical requirements for the Services, namely an internet, "JavaScripted," and a
cookies-enabled browser. You may be required to install third-party software to access some or all
of the Services. You are responsible for ensuring that the software functions correctly with the
relevant Service. Terms and conditions provided by the software supplier may apply to UMG’s the
third-party software.
7. Please see UMG’s Privacy Policy for further explanation
as to how UMG uses the information UMG collects from You and how UMG uses cookies and traffic analysis
tools.
VII. UMG’s Products
1. This Webstore may allow You to:
i. purchase physical products (e.g., apparel and other
merchandise);
ii. download digital products (e.g., music and videos);
iii. purchase mobile products (e.g. music, videos and other Content such as wallpaper,
screensavers and logos);
iv. download (and/or participate) in online games, at a cost or free of charge;
v. stream services to enable You to preview and/or listen to and/or watch music and videos online;
and/or
vi. subject to any separate specific terms and conditions, offer such services to You on a subscription
basis.
2. Shipping and delivery dates for any and
all so-called "limited edition" and/or "pre-order" sales of product(s) are not guaranteed unless
otherwise specified.
3. Returns and/or exchanges will never be accepted for
so-called "limited edition" product(s).
4. Products on this Webstore are limited to the sizes,
colors and variants listed on this Webstore. If a size or variant does not appear on this Webstore, it is
currently unavailable.
5. If UMG decides to offer any additional products on
this Webstore, such future products will also be covered by these Terms.
VIII. Placing an Order
1. By placing an order through this Webstore,
You warrant that You are legally capable of entering into binding contracts; and You are at
least 18 years old.
2. If You are under the age of 18 years and/or are not
capable of entering into binding contracts but wish to use this Webstore, a parent or guardian should accept
these Terms on Your behalf.
3. Follow the onscreen instructions on this Webstore
to place an order.
4. Items which You select for purchase, download
and/or streaming (as applicable) will automatically be placed in Your "shopping basket." To remove an item
from Your shopping basket, simply click on the "remove" (or similar) button next to the item as it appears
in Your basket.
5. Once You have pressed the "checkout" (or similar)
button, You will be asked to provide certain information to allow UMG, or a service provider
engaged by UMG, to process Your order (including Your selected payment method and credit card, PayPal,
e-wallet or other payment details).
6. UMG cannot change any information on an existing
order once it has been processed, including but not limited to, the shipping address, billing information,
size, item and/or quantity. If You wish to cancel Your order and place a new order with different
information, products or quantities, please follow the Cancellation Policy (set out in Section
XI as applicable, below).
7. You will receive an order summary confirmation on
screen and/or by email (as long as You have provided UMG with a valid email address)
acknowledging that UMG has received Your order – this does not mean that Your order has been accepted.
Your order represents an offer to UMG to purchase a particular item which is accepted by UMG only when UMG
sends You an email ("Dispatch Confirmation") confirming (i) in the case of
physical products, that the particular product has been dispatched; or (ii) in the case of
digital content, instructions for accessing Your digital content.
8. UMG may reject, modify or cancel Your
order for any reason prior to shipping Your order. If UMG rejects Your order after payment has already been
taken, UMG will provide You with a refund in accordance with UMG’s Refund
Policy set out in Section XIII (below). Where Your order was for products of a "hybrid"
nature (e.g., a physical and digital product) UMG will refund the relevant element of the order in
accordance with UMG’s Cancellation Policy (set out in Section XI as
applicable, below) for that particular product.
9. Shipping and delivery dates for Your order are not
guaranteed unless otherwise specified. All shipping timelines are estimated. UMG is not liable for delays
due to carrier, regardless of shipping method.
10. If You have selected a trackable shipping method
at checkout, You will receive tracking information via the email You provided with Your
shipping information.
11. Shipping delays will occur if an incorrect address
is provided at the time of checkout. UMG is not responsible for any lost packages due to Your provision to
UMG of an incorrect shipping address at the time of checkout. If the package containing the product(s) You
ordered is returned to UMG due to a shipping error, UMG will contact You, via the email You provided with
your shipping information, for an updated address to send the product(s). If UMG does not receive a response
within ten (10) business days of contacting You, UMG reserves the right to refund Your order.
12. If You have ordered multiple items within a single
order, UMG reserves the right to either (i) ship Your order once all items become available to
ship or (ii) to split Your order containing multiple items into multiple shipments (“Split
Shipping”) at UMG’s discretion. For some orders, UMG may offer You the ability to choose Split
Shipping during checkout. Split Shipping options may read “Ship Items Separately – As They
Become Available” or similar. If You have selected Split Shipping, Your items will ship
in separate packages as they become available for shipment. Split Shipping is not available for every order
and UMG reserves the right to revoke Split Shipping options at any time.
13. UMG may offer expedited shipping options (e.g.,
Next Day, 2-Day, 3-Day). If You selected an expedited shipping option, Your items will ship
together in a single shipment when all items become available to ship, or solely at UMG’s discretion,
UMG may split Your order into separate shipments, as items become available.Split Shipping is not available
at Your option during checkout for expedited orders. UMG reserves the right to revoke expedited shipping
options at any time. PLEASE NOTE: expedited shipping timelines are the carrier’s timelines from the
date the items are ready to ship from UMG’s warehouse facilities. For preorders, expedited shipping is
based upon when the preorder period is over, and the items are ready to ship. These timelines may vary. The
timeline for a preorder will be available via the product page. You should read all product descriptions
thoroughly for all applicable details and You should ensure You understand all preorder and shipping
timelines prior to selecting Your shipping method.
IX. General Disclaimer
1. Unless otherwise specified, product prices already
reflect discounts. All offers are limited to stock on hand; no rain checks or vouchers are
available unless otherwise noted. Not valid on prior purchases, gift cards, gift certificates, taxes,
shipping, or handling and processing charges. Purchaser must pay applicable sales tax, VAT, and/or other
taxes as applicable. Offer may not be combined with any other sale, promotion, discount, code, promo, coupon
and/or offer. Promotions have no cash value. Offer cannot be sold, transferred, or otherwise bartered. Void
where prohibited, taxed or otherwise restricted. Returns or cancellations of any portion of a purchase
requires equal forfeiture of offer or amount equal to offer. UMG has the right to end or modify any
promotion at any time at its sole discretion. Other restrictions may apply. Offers only apply to the United
States unless otherwise noted.
X. Payment
1. UMG may accept some or all of a
variety of payment options, including but not limited to Visa, MasterCard, American Express, Discover,
PayPal, Apple Pay, and other e-wallets. Prices appear on this Webstore and exclude sales tax unless
otherwise stated. UMG may change the prices for products at any time by posting new prices on this
Webstore.
2. By paying with Your credit or debit card, or any
other payment method, You confirm that the card is yours and that there are sufficient funds or
credit available to cover the charges.
3. Product prices displayed may exclude delivery
charges (which may also include handling, packaging, and other costs in addition to carrier fees), which may
be added to the total amount and will be calculated and displayed on screen prior to You submitting Your
payment details or finalizing your order. Typically, the purchase will appear on Your credit card or bank
statement under the applicable artist or store name, or as UMG, or under the name of an applicable
technology vendor (such as "Shopify"). If You have any questions about what to expect on Your credit card
statement, please contact customercare@umgstores.com.
4. It is always possible that, despite UMG’s
best efforts, some of the items listed on this Webstore may be incorrectly priced. UMG will usually verify
prices as part of UMG’s dispatch procedure so that, where a product’s correct price is less than
UMG’s stated price, UMG will charge the lower amount when dispatching the product to You. If a
product’s correct price is higher than the price stated on this Webstore, UMG will usually, at
UMG’s discretion, either contact You for instructions before dispatching the product, or reject Your
order and notify You of such rejection. UMG is under no obligation to provide the product to You at an
incorrect (e.g., lower) price, even after UMG has sent You a Dispatch Confirmation, if the pricing error is
obvious and/or could have reasonably been recognized by You.
5. Billing to Your credit or debit card will take
place prior to or at the time of dispatch in respect of physical product(s), or in respect of digital
content, at the time of Your purchase or soon afterwards.
6. UMG may use a third-party service provider to
process payments, but will ensure that any payment processor engaged by UMG will use security
to encrypt credit or debit card data.
7. UMG will check all transactions for signs of fraud
and may use a third-party service provider to do so. If Your order is flagged for fraud, Your
order will be delayed, and eventually a representative will contact You to verify Your information. Please
contact customercare@umgstores.com with any
questions related to Your order if You are notified it is flagged for fraud.
XI. Cancellation, Delivery and Usage Rules
1. Digital Content
i. Cancellation – If You order digital content to download or stream,
You will have a cancellation period of fourteen (14) days in which to cancel Your order for any
reason. However, if You decide to download or stream Your product before the end of these fourteen (14)
days, then You will lose this cancellation right. When UMG delivers You the link to download or stream Your
content, UMG will make it clear that by clicking on that link You are giving up these cancellation rights.
If You are ordering digital content that is provided on a physical CD or DVD, the usual cancellation terms
apply as set out in paragraph XI(2) below.
ii. Delivery – Each download item made available to or purchased by You can be accessed via the
relevant area of this Webstore using Your login details and/or following the instructions provided onscreen
or via email. If any streaming items are made available, all such streaming items made available or
purchased can be accessed immediately after payment is authorized by following the instructions provided
onscreen or via email. UMG reserves the right to send digital and/or physical goods in partial deliveries
(i.e., You may receive multiple packages or links related to a single order).
iii. Usage Rules – You may purchase downloads or stream digital content (as applicable) for Your
personal and non-commercial use only. In the event You experience any problems in downloading the relevant
download item, UMG will allow You to subsequently attempt to download the relevant download item. In the
event You experience any problems when downloading, please contact customercare@umgstores.com. Please note, UMG
may withdraw products from this Webstore at any time. You may make such copies of a product as specified by
any specific usage rules to that product, or such copies as are reasonably necessary for Your personal,
non-commercial use as applicable. You will not be entitled to burn audio-visual products. Digital rights
management software may be used from time to time to prevent any unlawful use.
iv. Technical Problems and Faulty Products (digital products) – If digital content that You download
is defective or faulty, please let UMG know as soon as possible (by contacting UMG at customercare@umgstores.com that the
digital content is indeed defective, UMG will first attempt to repair or replace the relevant product at
UMG’s cost within a reasonable timeframe if it is reasonably possible to do so. If a repair or
replacement is not possible, UMG will refund You for either the full or partial cost of the product as
appropriate. If UMG agrees to a refund, UMG will refund the sum agreed within fourteen (14) days of
confirming to You that You are entitled to a refund.
2. Physical Products
i. Cancellation
a.) Unless otherwise stated upon placing Your transaction in the product description, or in the checkout,
You may cancel Your purchase of physical products at any time prior to the product being shipped to You, for
any reason, by emailing a notice of cancelation to customercare@umgstores.com, prior to
receiving a shipping confirmation. If Your item has already shipped, You may return the item
for store credit within five (5) days of receiving the product for any reason, provided that You follow the
specified instructions from UMG regarding returns. In this case, You will receive a full refund
of the price paid for the product(s) in accordance with UMG’s Refund
Policy set out in Section XIII below. For clarity, where Your order was for products of a
"hybrid" nature (e.g., a physical and digital product) and UMG has begun the process of delivering Your
digital product order, UMG will refund the relevant physical element of the order in accordance with
UMG’s Cancellation Policy as set out in this Section XI(2).
Where You order multiple items that are delivered in separate batches, Your fourteen (14) day
cancellation period does not begin until the day after the last item has been received by You.
b.) To cancel in accordance with the terms herein, You must inform UMG clearly. UMG recommends
emailing customercare@umgstores.com with a clear
"Notice of Order Cancelation" and Your order number in the subject line of the email. Please return the
product to UMG immediately in the same condition you received it (at your own cost and risk), following the
specific return instructions You receive. You have a legal obligation to take care of the product while it
is in Your possession. If You fail to do so, UMG may have a claim against You for reimbursement for any
damage caused by You to the product.
c.) Further details, including an explanation of how to exercise Your right to cancel, may be provided in
the Dispatch Confirmation for physical goods. Details of UMG’s Refund Policy can
also be found at Section XIII.
d.) Note, this right to cancel does not apply:
1.) where CDs and/or DVDs (or other such audio or audio-visual products) have been
unsealed;
2.) where the product has been made to Your specification;
3.) to digital content (see Sections XI(1) above);
4.) where the product, by reason of its nature, cannot be returned, or is billed is a "Final Sale" or part
of an "All Sales are Final" offer in the applicable product description or checkout
page;
5.) Limited addition merchandise or other memorabilia; and
6.) Merchandise that has been worn, washed or in any way damaged by the consumer.
ii. Delivery. UMG will make best efforts to fulfill Your order by the delivery date, or estimated delivery
date set out in the Dispatch Confirmation, however, it is understood that circumstances outside of
UMG’s control may delay fulfillment or delivery, including, but not limited to:
high-order volumes, holidays, weather, artist signings, preorder delays, manufacturing delays for preorder
product, and shipping delays from the content provider for preorder product.
iii. Risk and Title. Products purchased will be at Your own risk of loss from the time of delivery.
Ownership of the products will only pass to You when UMG receives full payment of all sums due in respect of
the products, including delivery charges.
XII. Damaged, Incorrect or Incomplete Orders
1. If Your order arrives damaged,
incorrect or incomplete, please contact UMG at customercare@umgstores.com.
2. Damaged. If Your
ordered product(s) arrive damaged, photograph evidence will need to be attached to Your email to UMG. Once
UMG receives the photographs, UMG will issue You a return label via email. Once the damaged product(s) is
shipped back to UMG, and UMG obtains possession of said product(s), UMG will provide You with replacement
product(s).
3. Incorrect. If Your
ordered product(s) arrive and the product(s) is/are not what You ordered; once You contact UMG notifying UMG
that You received incorrect product(s), UMG will issue You a return label via email. Once the incorrect
product is shipped back to UMG, and UMG obtains possession of said product(s), UMG will provide You with a
replacement product.
4. Worn or Washed.
UMG will not provide return labels, nor be responsible, for any product that has been worn or washed.
XIII. Refund Policy
1. If You cancel Your purchase of products as detailed
in Section XI above, UMG will process the refund due to You as soon as possible. In such event, UMG will
refund the price of the product in full, including the cost of delivering the item to You via standard
delivery, provided that You have taken reasonable care of the returned product. If audio, video
or software products provided to You in a separate sealed packet are opened, You may not be
entitled to a refund. You will be responsible for the cost of returning the item to UMG. For clarity, where
Your order was for products of a "hybrid" nature (e.g., a physical and digital product) and UMG has begun
the process of delivering the digital part of Your product order, UMG will refund the relevant element of
the order in accordance with UMG’s Cancellation Policy (as set out in
Section XI as applicable) for that particular product.
2. If You seek to cancel Your purchase because You
claim that the product is defective or that there has been damage or error on UMG’s part, UMG will
examine the returned product and will notify You of Your refund or otherwise via email within a reasonable
period of time.
3. In the event that UMG has
to cancel Your order after payment has been received from you, UMG will notify You of UMG’s need to
cancel Your order and supply You with a refund as soon as possible.
4. Products returned by You because of a defect will
be refunded in full, including a refund of the delivery charges for sending the item to You and the cost
incurred by You in returning the item to UMG.
5. UMG will attempt to process any refund using the
same method originally used by You to pay for Your purchase. If You use a gift card to make your purchase,
or any other prepaid method, You may receive credit back to the applicable gift card or prepaid
method; because of this, You are expected to keep any gift cards or prepaid methods pursuant to making a
purchase to ensure You receive credit upon any refund.
XIV. Technical Problems
1. Occasionally, technical problems may delay or
prevent delivery of a purchased product. In such event, Your sole remedy will be either a
replacement product or a refund, as determined by UMG or the relevant third-party supplier as
appropriate.
2. UMG will not be liable to You for failures, defects
or delays in delivery caused by:
i. Your provision of incorrect information;
ii. Your computer failing to meet the minimum technical requirements for the Services;
iii. Your failure to comply with instructions for use of the Services; or
iv. an event which is outside of UMG’s reasonable control.
XV. International Orders; Import Duty
1. Products ordered from this Webstore for delivery
outside the United States may take up to eight (8) weeks from the ship date to arrive at the designated
destination.
2. Products ordered from this Webstore for delivery
outside the United States may be subject to import duties and taxes that are levied when the delivery
reaches the specified destination.You acknowledge that Youmay be listed as the
declarant on any customs declaration(s) associated with Your order(s), as applicable. You will
be responsible for payment of any such import duties and taxes. Further, You shall be
responsible for any local pickup or specified delivery with Your local postal service. UMG has no control
over these charges and local requirements and cannot predict their amount. Please contact Your local customs
office and post office for further information before placing Your order.
3. You must make sure that You comply with all
applicable laws and regulations of the country for which the products are destined. UMG will not be liable
for any breach by You of any such laws.
XVI. Games
1. UMG may from time to time provide access via this
Webstore to games, applications, and other such features (the "Games") that may be accessed
by You subject, in addition to the Terms, to the following specific provisions:
i. Unless otherwise specified, all content, text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software accessible via this Webstore
(collectively the "Materials") are the property of UMG, or its suppliers, and are protected
by the United States’ and international copyright, trade mark and other relevant
intellectual property and proprietary rights laws.
ii. You may access and use the Games and the Materials only for Your personal and non-commercial use and,
if applicable, in accordance with the terms of the end user license agreement that accompanies or is
included with the Games and which is incorporated into these Terms by reference.
iii. Except as expressly authorized by UMG in writing, You may not modify, download,
reproduce, copy, sell, post, transmit, create derivative works from, publicly perform, publicly display,
distribute or otherwise use the Games or the Materials for any other purpose.
iv. You may not link to or frame the Games or use framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page layout, or form) of UMG without first obtaining
UMG’s express written consent.
v. You may not use any meta tags or any other "hidden text" using UMG’s name or trademarks without
UMG’s express written consent. Any unauthorized use immediately terminates the permission or license
granted by UMG.
vi. You agree that UMG in its sole discretion may terminate, modify, delete or suspend Your
access to the Games, or any part thereof, with or without notice to You. In the event of termination for any
breach of these Terms, all unused credit if applicable, and/or other aspects of Your Games account will be
forfeited.
vii. UMG’s the Games are subject to all other UMG policies and rules posted on this Webstore,
including UMG’s Privacy
Policy. UMG reserves the right to make changes to the Games, the policies, the rules,
and these terms at any time.
viii. When You access the Games, You are communicating with UMG electronically. You hereby
consent to receive such electronic communications.
ix. The Games are provided on an "as is" and "as available" basis. UMG makes no representations or
warranties of any kind, express or implied, as to the operation of the Games or the information, content,
materials or products included on or accessing/downloading from this Webstore. You expressly
agree that You are accessing/downloading the Games at Your sole risk and that You will be solely responsible
for any damage to Your computer system or loss of data that results from the downloading of any such
information, content, material or products. UMG does not warrant that the Games, its servers,
or any electronic communications sent to You are free of viruses or other harmful components.
XVII. Ticket and Event Pre-Sale Terms
1. UMG may from time to time sell access to certain
pre-sale opportunities for tickets and events. Such Pre-Sale Access may be bundled with merchandise and
other offers.
ii. Access to obtain tickets before the general public ("Pre-Sale Access") does not
guarantee a ticket, but is an opportunity to obtain tickets as a part of a pre-sale
offering.
iii. Pre-Sale Access is controlled by third party entities, and UMG and related parties have no control or
liability in relation to such third party ticket offers.
iv. Pre-Sale Access to tickets will only be available online. No direct phone, e-mail, or mail orders will
be accepted.
v. Pre-Sale Access tickets are sold as outlined in the pre-sale announcement and access and ticket prices
may vary. No changes can be made to the quantity or type of tickets available. Additional limitations may
apply
vi. UMG does not guarantee Pre-Sale Access to any additional shows added after a pre-sale
announcement
vii. Pre-Sale Access sales are final. There will be no refunds, exchanges, or name transfers for Pre-Sale
Access. You should only purchase Pre-Sale Access for shows You are certain You can attend.
vii. You may not resell Your Pre-Sale Access to another party. Reselling Pre-Sale Access can result in the
revocation of the Pre-Sale Access itself, in addition to future ticket privileges.
XVIII. Termination
1. UMG may, in UMG’s sole discretion, terminate
Your password, account (or any part thereof, if any) or use of this Webstore without notice if
(i) You are in breach of these Terms; or, (ii) if UMG believes, in UMG’s
absolute sole discretion, that the Services, the Content or the Software, is unsuitable.
2. Termination, suspension or
cancellation of Your access rights shall not affect any other right or relief to which UMG may be entitled,
at law or in equity.
3. Upon termination, all rights granted to you under
these Terms will automatically terminate and immediately revert to UMG and UMG’s licensors (save for
any continuing rights which You may have in connection with products which You have purchased from this
Webstore).
XIX. Warranty; Liability
1. UMG warrants to You that any goods purchased from
UMG through this Webstore are of satisfactory quality and reasonably fit for all the purposes for which
products of the kind are commonly supplied.
2. With respect to the sale of certain merchandise or
auctions to residents of the State of California, pursuant to California Civil Code, Title 1.1A, Autographed
Memorabilia, Cal Civil Code § 1739.7 (2017): SALE OF AUTOGRAPHED COLLECTIBLES: AS REQUIRED BY LAW, A
DEALER WHO SELLS TO A CONSUMER ANY COLLECTIBLE DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN EXPRESS
WARRANTY AT THE TIME OF SALE AND A THREE-DAY RIGHT OF RETURN. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE
INSURED TO ENSURE THE AUTHENTICITY OF ANY AUTOGRAPHED COLLECTIBLE SOLD BY THIS DEALER.
3. In relation to UMG’s supply of products via
this Webstore (including both digital and physical products) UMG’s liability for losses which You
suffer is strictly limited to the purchase price paid by You. UMG is not responsible for indirect losses
which are not foreseeable by You and UMG (such as loss of income or revenue, loss of business, loss of
profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however
arising and whether caused by tort (including negligence), breach of contract or otherwise.
4. UMG shall not be liable for any damages of any kind
arising from the use of the products, including but not limited to, a direct, indirect, incidental and/or
consequential loss, including lost profits, goodwill or any other intangible loss, even if UMG
has been advised of the possibility of such loss. If You are an individual consumer, this may not apply to
You and instead UMG will be liable to You only for the direct and actual loss suffered by You and will not
be liable for any indirect, incidental and/or consequential loss, even if UMG has been advised of the
possibility of such loss.
5. You agree to indemnify UMG, its affiliates,
subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim
or demand made by any third party due to, arising out of or related to Your breach of these Terms, misuse of
the products, or Your violation of any applicable law, rule, regulation or third party right.
6. This Section does not in any way limit or exclude
UMG’s liability for any matter for which it would be illegal for UMG to exclude, or attempt to
exclude, UMG’s liability.
XX. Transfer Rights and Obligations
1. The agreement between You and UMG created by these
Terms (the "Agreement") is binding on You and UMG and on UMG’s respective successors
and assigns.
2. You may not transfer or assign, charge or otherwise
dispose of the Agreement, or any of Your rights or obligations arising under it, without UMG’s prior
written consent.
3. UMG may transfer, assign, charge or
sub-contract the Agreement, or any of UMG’s rights or obligations arising under it, at any time during
the term of the Agreement, provided that UMG remains primarily liable for UMG’s obligations under the
Agreement where applicable.
XXI. Events Outside UMG’s Control
1. UMG will not be liable or responsible for any
failure to perform, or delay in performance of, any of UMG’s obligations that is caused by events
outside UMG’s reasonable control. UMG’s performance under these Terms is deemed to be suspended
for the period that any such event continues, and UMG will have an extension of time for performance for the
duration of that period. UMG will use UMG’s reasonable efforts to find a solution by means of which
UMG’s obligations may be performed despite such event.
XXII. Resolving Disputes Between You and UMG
1. UMG aims to help You with any queries or complaints
You may have with the services and goods UMG provides. Email UMG at customercare@umgstores.com with any
questions or issues.
XXIII. Miscellaneous
1. These Terms, together with any documents or links
to other terms referred to herein, constitute the whole Agreement between You and UMG and supersede and
extinguish any prior understandings, agreements or terms between You and UMG.
2. The rights and remedies provided in these Terms are
cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
3. No breach by either You or UMG of any provision of
these Terms shall be waived or discharged except with the express written consent of the other.
4. No failure or delay by either You or UMG in
exercising any right, power or privilege under these Terms shall operate as a waiver of that right,
power or privilege and no single or partial exercise by either You or UMG of any right, power
or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any
other right, power or privilege.
5. These Terms shall be binding on and endure for the
benefit of each party’s successors in title.
6. The views and opinions expressed on this Webstore do not necessarily reflect those of
UMG and its Affiliates.
XXIV. Governing Law and Jurisdiction
1. These Terms shall be governed by and construed in
accordance with the laws of the State of New York and You and UMG hereby irrevocably submit to
the non-exclusive jurisdiction of the State of New York, New York County as regards to any claim or matter
arising in relation to these Terms.
2. Please note, You must comply with all
applicable laws and regulations of the country for which the products are destined. UMG will not be liable
for any breach by you of any such laws.
XXV. Communication
1. Applicable laws require that some of the
information or communications UMG sends to You should be in writing. When using this Webstore,
You accept that communication with UMG will be primarily communicated electronically. UMG will
contact You by email or provide You with information by posting notices on this Webstore. You agree to this
electronic means of communication and You acknowledge that all contracts, notices, information
and other communications that UMG provides to You electronically comply with any legal requirement that such
communications be in writing. For the avoidance of doubt, all communications, including the conclusion of
the contract, will be in English.
2. All legal notices given by You to UMG must be given
to UMG at the address set out below or the following email address: legalnotices@umusic.com. UMG may give notice to
You at the email or postal address You provide to UMG when placing an order or registering with this
Webstore, or by posting the notice on this Webstore. Notice will be deemed received immediately when posted
on this Webstore, twenty-four (24) hours after an email is sent or three (3) days after the date of posting
of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a
letter, that such letter was properly addressed, stamped and placed in the post and, in the
case of an email that the email was sent to the specified email address of the addressee.
3. If You have any queries about these Terms, this
Webstore or any of UMG’s Services please contact: customercare@umgstores.com.UMG’s
notice address is:
UMG Commercial Services, Inc.
Attn: General Counsel, EVP of Business &
Legal Affairs
2220 Colorado Avenue
Santa Monica, California 90404
UMG’s hours
of operation are Monday through Friday, 9:00 AM to 5:00 PM, Eastern Time (UTC 05:00).
XXVI. eGift Card Terms
1. UMG eGift Cards (“eGift Cards”) are
issued by Rise AI E-commerce Solutions Ltd., an Israeli corporation. eGift Cards may be purchased at
participating UMG online stores.eGift Cards may only be redeemed toward the purchase of eligible goods and
services at select UMG online stores.
2. eGift Cards do not expire and there are no fees or charges
associated with their use or redemption.The value of an eGift Card does not diminish over time through
non-use; the balance decreases only through purchases made using then-available eGift Card balance.
3. eGift Cards cannot be used to purchase other eGift Cards and may
only be redeemed at select UMG online stores. eGift Cards cannot be reloaded; resold; used for payment
outside of participating UMG online stores; redeemed for more than face value; transferred for value;
redeemed for cash; returned for a cash refund (except to the extent required by law); or used in a manner
prohibited by these terms.
4. The risk of loss for eGift Cards passes to the purchaser upon
UMG’s electronic transmission of the eGift Card to the designated recipient.Recipient is responsible
for safeguarding the eGift Card from unauthorized use. UMG is not responsible if an eGift Card is lost,
stolen, or destroyed, if an eGift Card is sent to an incorrect address provided by the purchaser, or if an
eGift Card is used without the purchaser’s or recipient’s permission. UMG is not responsible
for, and assumes no liability to, purchaser or recipient for any unlawful conduct or fraud by any third
party associated with the purchase or use of any eGift Card.
5. By purchasing and/or redeeming an eGift Card, both purchaser and
recipient agree to comply with these terms and conditions.UMG reserves the right, without notice, to void
eGift Cards without a refund, cancel or limit orders, and/or bill alternative forms of payment for a
purchase made at an UMG store if UMG reasonably believes that the eGift Card was obtained or redeemed
fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
6. From time to time, UMG may limit the quantity or number of eGift
Cards that may be purchased at one time, or by any one person. Such limitations, if any, will be set forth
on the product page for eGift Cards.
7. All purchases of eGift Cards are final.The purchase amount of an
eGift Cards is non-refundable and purchases are non-cancellable.In the event an eGift Card sent
to a recipient is non-functional and cannot be redeemed, the sole remedy is replacement of that eGift
Card.
