LAST UPDATED: June 30, 2009
Terms of Use
IMPORTANT— CAREFULLY READ THESE TERMS OF USE
BEFORE INSTALLING OR USING FANBASE (AS DEFINED BELOW)
BY CLICKING “I ACCEPT” BELOW, OR BY INSTALLING OR USING FANBASE (INCLUDING ANY PORTION THEREOF), YOU ACCEPT THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOU MUST CLICK THE “I DECLINE” BUTTON BELOW, AND YOU WILL NOT BE PERMITTED TO INSTALL OR USE FANBASE.
The Fanbase software application (together with all Services (as defined below), “Fanbase”) is provided by Atlantic Recording Corporation (“we,” “us”). Fanbase allows users to access and use content (including Third Party Content, as defined in Section 15 below) and services related to us and our artists, including music, images, forums, news, text, data and other similar content (such content and services, collectively, the “Services”). Except as provided otherwise by us in this Agreement or on Fanbase, your use of Fanbase is governed by these Terms of Use (this “Agreement”). This Agreement is between you and Atlantic Recording Corporation.
Fanbase may include or be used in connection with certain Third Party Applications (as defined in Section 14 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 (as defined in Section 8 below) of such Third Party Applications.
Fanbase includes functionality that causes Fanbase to launch automatically when you start up the computer on which you installed Fanbase. If you wish to disable this functionality, you can do so by changing the applicable setting in the “Preferences” menu in Fanbase.
1. Acceptance of Terms. By installing or using Fanbase, you agree to the terms of this Agreement and to any additional rules and guidelines that we post on Fanbase. We may make changes to this Agreement from time to time; we may notify you of such changes by any reasonable means, including by making available on Fanbase a hyperlink to the revised version of this Agreement. You can determine when we last changed this Agreement by referring to the “LAST UPDATED” legend above. Your use of Fanbase 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, modify or discontinue all or part of Fanbase; charge, modify or waive fees required to use Fanbase; or offer opportunities to some or all Fanbase users.
2. Jurisdiction. Fanbase 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. Fanbase may not be appropriate or available for use in some jurisdictions outside of the United States. If you install or use Fanbase, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the availability of Fanbase, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
3. Information You Submit. With respect to personally identifiable information that you submit to us in connection with Fanbase, our collection and use of such information will be governed by our Privacy Policy, which is located at HYPERLINK "http://widgets.atlrec.com/fanbase/desktop/privacy" http://widgets.atlrec.com/fanbase/desktop/privacy (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 8 below)) in connection with Fanbase (for example, via a Third Party Application, as defined in Section 14 below), such third party’s collection and use of such information may be governed by its privacy policy, and not by our Privacy Policy (in any event, we are not responsible for the information collection and usage practices of third parties). You agree that all information you provide to us is 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 via Fanbase, you do so at your own risk.
4. Rules of Conduct. In using Fanbase, 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. You will not:
Post, transmit, or otherwise make available, through or in connection with Fanbase:
Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b)defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
Any material that would give rise to criminal or civil liability; that promotes gambling; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking” or “phreaking.”
Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
Any material non-public information about a company without the proper authorization to do so.
Use Fanbase for any fraudulent or unlawful purpose.
Use Fanbase to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of Fanbase.
Impersonate any person or entity, including any of our (or our affiliates’) representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make.
Interfere with or disrupt the operation of Fanbase or the servers or networks used to make the Fanbase available; or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using Fanbase (including by hacking or defacing any portion of Fanbase).
Use Fanbase to advertise or offer to sell or buy any goods or services without our express prior written consent.
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to Fanbase.
Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of Fanbase.
Remove any copyright, trademark or other proprietary rights notice that appear in Fanbase.
Create a database by systematically downloading and storing all or any Fanbase content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of Fanbase, without our express prior, written consent.
We may terminate your license to use Fanbase 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 Fanbase).
5. Registration. You may need to register to use any part(s) of Fanbase (for example, you will need to register to receive certain exclusive bonus content that we make available via Fanbase). 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 are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Fanbase account.
6. Software License Grant. Subject to the terms and conditions of this Agreement, we hereby agree to permit you, on a non-exclusive, revocable, non-transferable, non-sublicensable, limited basis, to (a) install Fanbase on a personal computer in your possession and control and (b) use Fanbase as installed on such computer; provided that your installation and use of Fanbase are solely (i) for your personal use and for non-commercial purposes; and (ii) in accordance with each of the restrictions and limitations set forth in this Agreement. If you fail to comply with any of the terms or conditions set forth in this Agreement, this Agreement (including the grant of permission to use Fanbase hereunder) will automatically terminate, whereupon you will immediately (y) cease using Fanbase; and (z) remove (i.e., uninstall and delete) Fanbase from your computer. You are solely responsible for any violation of any applicable laws that results from your failure to abide by the terms of this Agreement.
7. Restrictions on Use. Without limiting the generality of Section 6 above, you shall not (i) rent, lease, timeshare, license, distribute, sublicense or otherwise transfer Fanbase (as a standalone product or in conjunction with other products); (ii) make copies of Fanbase or any portion thereof (except as necessary to install and use Fanbase in accordance with this Agreement); (iii) except where applicable law provides otherwise, modify, translate, reverse engineer, decompile or disassemble Fanbase; (iv) create derivative works of or from Fanbase; (v) incorporate Fanbase into any product or service; (vi) use Fanbase for commercial purposes; and (vii) remove, alter or obscure any copyright, trademark, trade name or other proprietary notices, legends, symbols or labels that appear in Fanbase.
8. User Submissions. Fanbase may contain areas where you can post information and materials (each, a “Submission”). For each Submission that you post, you grant to us and our affiliates (which include Warner Music Group, Atlantic Records, Warner Bros. Records, Rhino Entertainment and our other affiliated record labels) (collectively, our “Affiliates”) a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license, without compensation to you, to use, reproduce, distribute, create derivative works of, transmit, display and perform such Submission, in any media now known or later developed. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section.
It is possible that other Fanbase users will post information or materials on Fanbase that are wrong or misleading or that otherwise violate this Agreement. We, our Affiliates and our respective artists (“Artists”), representatives (“Representatives”), and licensors and service providers (collectively, “Providers”) do not endorse and are not responsible for any information or materials made available through Fanbase or your use of such information or materials.
9. Unsolicited Submissions. We and our Affiliates do not accept, invite or consider unsolicited submissions of ideas, proposals or suggestions (“Unsolicited Submissions”), whether related to Fanbase, our Products 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.
10. Monitoring. We may (but have no obligation to) monitor, evaluate or alter Submissions before or after they appear on Fanbase. We may disclose any Submissions and the circumstances surrounding their transmission 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 Fanbase (except for material that infringes copyright, which is addressed in Section 23 below), contact us at privacypolicy@wmg with your name and address, a description of the material(s) at issue and the URL or location of such materials.
11. Purchases and Products. If you wish to purchase any products made available through Fanbase (“Products”), you may be required to visit a third party’s web site or other online service in order to complete your purchase (each such purchase, a “Transaction”). We have no responsibility or liability for such Transactions. References to Products on Fanbase do not imply our endorsement of those Products.
12. Rules for Promotions. Any sweepstakes, contests, raffles or other promotions (collectively, “Promotions”) made available through Fanbase 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 apply.
13. Our Proprietary Rights. We, our Affiliates and our respective licensors and suppliers own Fanbase and the information and materials made available through Fanbase. 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 Fanbase or any information or materials made available through Fanbase.
Our trade names, trademarks and service marks include, without limitation, WARNER MUSIC, ATLANTIC RECORDS, FANBASE and any associated trade names, trademarks, service marks and logos. All trademarks and service marks on Fanbase not owned by us are the property of their respective owners. You may not use our trade names, trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on Fanbase should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner.
PLEASE NOTE THAT UNAUTHORIZED USE OF FANBASE OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
14. Third Party Applications. Fanbase may include third party software applications and services that are made available by our Providers (“Third Party Applications”). Because we do not control Third Party Applications, you agree that we are neither responsible nor liable for any Third Party Applications, including the performance, accuracy, integrity, quality, legality, usefulness, 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 Fanbase at any time. The inclusion of Third Party Applications in Fanbase 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 respective Artists, Representatives or Providers, with respect to any Third Party Application.
15. Third Party Content. Fanbase incorporates functionality that allows, via the Fanbase system and/or network, the routing and transmission of, and online access to, certain digital communications and content made available by third parties (“Third Party Content”). In particular, Fanbase contains tabs with labels such as “News” “Video,” “Photos,” and so forth; by clicking on any such tab, you acknowledge and agree that you are directing Fanbase to access and transmit to you Third Party Content associated with the subject matter of such tab. 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, or safety of, or intellectual property rights relating to, Third Party Content. 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 Fanbase at any time. Your access to or receipt of Third Party Content via Fanbase 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 respective Artists, Representatives or Providers, with respect to any Third Party Content.
16. Links and Feeds. Fanbase may include 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 and resources. We may block any links to or from Fanbase. YOUR USE OF SUCH WEB SITES AND RESOURCES IS AT YOUR OWN RISK.
17. Limitations of Liability and Disclaimers. FANBASE AND ALL GOODS, SERVICES, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH FANBASE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE, OUR AFFILIATES, AND OUR RESPECTIVE ARTISTS, REPRESENTATIVES AND PROVIDERS DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO FANBASE AND ALL GOODS, SERVICES, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH FANBASE, 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 DETAILS.) WE MAKE NO REPRESENTATION OR WARRANTY THAT FANBASE (OR ANY PART THEREOF), ANY THIRD PARTY APPLICATIONS OR ANY THIRD PARTY CONTENT WILL BE ACCURATE, COMPLETE OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH FANBASE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE (INCLUDING ADOBE® AIR™), HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO USE FANBASE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH FANBASE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF FANBASE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE ON OR ACCESSIBLE THROUGH FANBASE. WE SHALL HAVE NO OBLIGATION TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO FANBASE.
WE, OUR AFFILIATES AND OUR RESPECTIVE ARTISTS, REPRESENTATIVES AND PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH FANBASE, NOR FOR ANY 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 FANBASE (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH YOUR USE OR RECEIPT OF ANY THIRD PARTY APPLICATIONS OR THIRD PARTY CONTENT), 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 FANBASE OR FROM ANY INFORMATION, MATERIALS OR THIRD PARTY APPLICATIONS ON OR ACCESSIBLE THROUGH FANBASE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH FANBASE IS TO STOP USING FANBASE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU TO US TO ACCESS AND USE FANBASE.
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.
We do not guarantee that Fanbase or any Third Party Applications will be secure or that any use of Fanbase or any Third Party Applications will be uninterrupted. Additionally, third parties may make unauthorized alterations to Fanbase or the Third Party Applications. If you become aware of any unauthorized third party alterations to Fanbase, contact us at HYPERLINK "mailto:privacypolicy@wmg.com" privacypolicy@wmg.com with a description of the material(s) at issue and the location of such materials on Fanbase.
18. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless us, our Affiliates and our respective Artists, Representatives and Providers, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, Fanbase or (b) any violation of this Agreement by you. Neither we, nor our Affiliates, nor our respective Artists, Representatives and Providers will have any responsibility to you in respect of any intellectual property infringement claims relating to Fanbase or your use of Fanbase.
19. Termination. This Agreement is effective until terminated. We may, at any time and for any reason, terminate your access to or use of: (a) Fanbase, (b) your user name and password (if applicable) or (c) any files or information associated with your user name and password. If we terminate your access to or use of Fanbase, you will not have the right to bring claims against us, our Affiliates or our respective Artists, Representatives and Providers with respect to such termination. We and our Affiliates and our respective Artists, Representatives and Providers, shall not be liable for any termination of your access to Fanbase 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. 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 Fanbase, any Products or any third party claim that your use of Fanbase or Products is unlawful or infringes such third party’s rights). Sections 2, 7-10, 13-21, 23-25 and 27 shall survive any expiration or termination of this Agreement.
20. Governing Law; Dispute Resolution. You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your installation or use of Fanbase) is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in New York, New York, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections thereto.
You further agree that the United Nations Convention on the International Sale of Goods will not apply to this Agreement. You agree that any unauthorized use of Fanbase or any related software or materials, or any Third Party Applications, would result in irreparable injury to us, our Affiliates or our respective Artists, Representatives and Providers for which money damages would be inadequate, and in such event we, our Affiliates or our 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 respective Artists, Representatives and Providers may have under separate legal authority, including, without limitation, any claim for intellectual property infringement.
21. 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 at: HYPERLINK "http://kids.getnetwise.org/" http://kids.getnetwise.org/ and HYPERLINK "http://onguardonline.gov/" http://onguardonline.gov/. Please note that we do not endorse any of the products or services listed at these sites.
22. 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 Fanbase, please send an e-mail to HYPERLINK "mailto:privacypolicy@wmg.com" privacypolicy@wmg.com. You may also contact us by writing to 1290 Avenue of the Americas, New York, New York 10104. 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.
23. Forward-Looking Statements. Statements by us appearing on Fanbase that concern us or our 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 HYPERLINK "http://www.sec.gov" 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 Fanbase.
24. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials made available on or accessible through Fanbase infringe your copyright, you (or your agent) may send us a notice requesting that we block 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 HYPERLINK "http://www.copyright.gov" http://www.copyright.gov for details. Notices and counter-notices should be sent to:
Silda Palerm
75 Rockefeller Plaza
New York, NY 10019
Telephone Number: (212) 275-4798
Fax Number: (212) 956-0529
Email: HYPERLINK "mailto:dmcaagent@wmg.com" dmcaagent@wmg.com
We suggest that you consult your legal advisor before filing a notice or counter-notice.
25. Ability to Enter Into This Agreement. By using Fanbase, 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.
26. Contact Us. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to HYPERLINK "mailto:privacypolicy@wmg.com" 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.
27. Miscellaneous. This Agreement does not 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. 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 Fanbase (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. Notices to you may be made via Fanbase, 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. You agree that the owners of any content or Third Party Applications that we make available in connection with Fanbase are third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly concern their content or Third Party Applications, as applicable. 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 © 2009 Atlantic Recording Corporation unless otherwise noted. All rights reserved.
Adobe® AIR™. Copyright © 2007 – 2008. Adobe Systems Incorporated. All Rights Reserved. Adobe and Adobe AIR are either trademarks or registered trademarks in the United States and/or other countries.
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