This is a legal agreement between you and BMG ("Licensor") regarding your use of the software application (the "Software") accessed via the Texas (the "Website") which enables you create a custom album cover by including your own photographic images within. By clicking the button marked "I accept" or by using the software, you agree to be bound by these terms and conditions (the "T&cs"). If you do not agree to the terms of these t&cs, you are not entitled to use the software and you will be unable to access the software and create a profile via the website.
Licence. Subject to the terms and conditions of these t&cs, licensor grants you a non-exclusive, non-transferable, non-assignable licence (without right of sublicense) to use the software.
Restrictions. The software, the original elements and any related documentation are protected by united kingdom copyright law and international treaty provisions. You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the software without the prior written consent of licensor. You may not assign these t&cs or any of the rights or licences granted under these t&cs or rent, lease, or lend the software to any person or entity. Any attempted sublicence, transfer, or assignment in violation of these t&cs is void. You acknowledge that the software contains proprietary trade secrets of licensor and its or their suppliers. You agree not to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.
Content and trademarks. The content made available by licensor through the software including the original elements (the "Content"), including without limitation, video, text, photos, and/or graphics, is protected under united kingdom and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by licensors or its suppliers. You must abide by all copyright notices, information, or restrictions contained in or attached to any content. Certain of the names, logos, and materials displayed in the software constitute trademarks, trade names, service marks or logos ("Trademarks") of licensor or other entities. You are not authorised to use any trademarks. Ownership of all trademarks and the goodwill associated therewith remains with licensor or those other entities.
Ownership. You have no ownership rights in the software, services, the content or any related documentation. Licensor retains all right, title, and interest in and to the software, services (including any changes, modifications, or corrections thereto), content and any related documentation.
Uploads. The software may provide functionality through which you are able to upload information (images) in connection with your use of the software (collectively, "Uploads"). If you use such functionality (the "Upload service"), you grant to licensor and licensor's affiliates, representatives, and assigns an irrevocable, perpetual, non-exclusive, fully-paid, world-wide, license (sublicensable through multiple tiers) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your uploads (in whole or in part) in any format or medium now known or later developed both on and outside of the software, in relation to promotion of the artist and/or the album. Licensor reserves the right to display or insert advertisements in connection with uploads and to use uploads for advertising and promotional purposes, in relation to the artist and/or the album. You agree that you are solely responsible for all of your uploads. Licensor has the right to pre-screen uploads, and is not required to host, display, or distribute any uploads, and may remove at any time or refuse any uploads. Licensor is not responsible for any loss, theft or damage of any kind to any uploads. You represent and warrant that: (a) you own all rights in your uploads (including, without limitation, all rights to the audio, video, digital recording and any performance contained in your uploads) or, alternatively, you have acquired all necessary rights in your uploads to enable you to grant to licensor the rights in your uploads described herein; (b) you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use of your uploads; (c) you are the individual pictured in your uploads, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears in your uploads to grant the rights to licensor described herein; (d) you will make such permissions available to licensor upon request; and (e) your uploads do not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party; (f) your uploads will not contain any material which is obscene, offensive or violent or which would otherwise be reasonably likely to bring licensor or artist into disrepute. In addition to the upload service, the software may provide functionality through which you are able to receive other services from licensor (such other services and the upload service, collectively, the "Services"). Licensor will have no obligation to provide any services, may change the form and nature of any services at any time with or without notice to you, will have no liability whatsoever to you or any third party for any failure of the software or services to transmit your uploads to or from licensor's servers, may cease providing any services at any time with or without notice to you, and will have no obligation to retain your uploads (or any other materials you may provide to licensor) on its servers or return your uploads (or any other materials you may provide to licensor) to you before deleting them from its servers.
Wireless carrier charges. You acknowledge and agree that by using the software or services you may incur charges from your wireless carrier, depending upon your wireless plan. Further, you acknowledge that payment of any such charges will be your sole responsibility.
Suggestions. If you elect to provide or make available to licensor any suggestions, comments, ideas, improvements, or other feedback or materials related to the software or services (collectively, "Suggestions"), licensor will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute your suggestions in any manner and you will gain no right, title or interest in or to the software or services by virtue of licensor doing so.
Disclaimer of warranty. The software and services are provided "As is" and "With all faults" and licensor and its suppliers hereby disclaim all warranties with respect to the software and services, express or implied, including any warranties of merchantability, non-infringement, or fitness for a particular use or purpose. Licensor and its suppliers do not warrant that the software or services will meet your requirements in any respect, or that the operation of the software or services will be uninterrupted or error-free, or that errors in the software or services or nonconformity to its or their documentation can or will be corrected. You acknowledge that the provisions of this section are a material inducement and consideration to licensor and its suppliers to grant the license contained in these t&cs and to provide you with access to the services.
Limitation of liability. To the extent permitted by applicable law in no event will licensor be liable for any consequential, indirect, or incidental damages arising from or relating to this agreement, for loss of profits whether direct or indirect, or loss of data, in all cases, regardless of whether such damages or losses could have been forseen or prevented by either party.
Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that licensor may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of licensor's liability will be the minimum permitted under such applicable law.
Miscellaneous. These t&cs are the entire agreement between you and licensor with respect to, and supersedes any previous oral or written communications or documents (including, if you are obtaining an update, any agreement that may have been included with an earlier version of the software) concerning, the subject matter of these t&cs. These t&cs and any claims directly or indirectly arising out of, under or relating to these t&cs including non-contractual claims, if any, shall be governed by and construed in accordance with english law and each party consents to the exclusive jurisdiction of the english courts for the adjudication of any disputes arising out of or related to these t&cs. If any provision of these t&cs is found to be invalid or unenforceable, it will be enforced to the extent permissible and the remainder of these t&cs will remain in full force and effect. Failure by licensor to prosecute any right with respect to a default hereunder will not constitute a waiver by licensor of the right to enforce rights with respect to the same or any other breach.
Licensor assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission, or for communications line failure, or for theft or destruction, tampering, or unauthorized access to the website, the software. If, for any reason, the website is not capable of running as planned by reason of infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, tampering, technical failures, or any other causes beyond licensor's control which, in licensor's sole opinion corrupts or affects the administration, security, fairness, integrity or proper conduct of the promotion, licensor reserves the right in its sole discretion to cancel, terminate, modify or suspend the website and/or (as applicable) remove uploads and/or profiles.
Contact us. You may contact us at BMG, 5 Merchant Square, London, W2 1AS