Terms & Conditions

This Internet website is the property of SONY BMG MUSIC ENTERTAINMENT and is being hosted and managed for the benefit of the Sony Rewards® program. References to "Sony BMG", "Sony BMG Online Services", or "this website" shall also be deemed to be references to Sony BMG Music Entertainment. The following rules, policies and disclaimers shall govern and apply to your use of the Sony BMG Online Services and you must abide by them in order to use the Sony BMG Online Services.

SONY BMG PROVIDES ACCESS TO THIS WEBSITE AND ANY RELATED SERVICES PROVIDED HEREON (COLLECTIVELY, THE "SONY BMG ONLINE SERVICES") SUBJECT TO YOUR COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONSTITUTE AN AGREEMENT BETWEEN YOU AND SONY BMG ("AGREEMENT") THAT GOVERNS THE RELATIONSHIP BETWEEN YOU AND SONY BMG WITH RESPECT TO YOUR USE OF THIS WEBSITE AND THE SONY BMG ONLINE SERVICES. THUS, IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THESE TERMS AND CONDITIONS.

THE SONY BMG ONLINE SERVICES PROVIDED AT THIS SITE ARE NOT  AVAILABLE ON OR COMPATIBLE WITH ANY MOBILE DEVICES.

All material on this website, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to Sony BMG and is protected by copyright, trademark, and other intellectual property rights. Material on this website is made available solely for your personal, noncommercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Sony BMG in each instance. You may download material intentionally made available for downloading from this website for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.

CODE OF CONDUCT:

You agree, by using this website and/or the Sony BMG Online Services, that: (1) you will not restrict or inhibit any other user from using and enjoying this website or any of the Sony BMG Online Services provided hereon (for example, by means of hacking or defacement); (2) you will not post or transmit any information or software that contains a virus, worm, timebomb, cancelbot, Trojan  horse or other harmful, disruptive, or deleterious component; (3) you will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation of this website, the Sony BMG Online Services, or the contents of such website or services; and (4) you will not impersonate any other individual or entity in connection with your use of this website or any of the Sony BMG Online Services.

WARRANTY DISCLAIMER

THE MATERIALS IN THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE SONY BMG ONLINE SERVICES.

SONY BMG, ITS PARENTS, AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE OR THE SONY BMG ONLINE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE AND/OR THE SONY BMG ONLINE SERVICES IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES. SONY BMG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE AND/OR THE SONY BMG ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SONY BMG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE OR THE SONY BMG ONLINE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT SONY BMG) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION OF ANY SUCH MATERIALS.

FOR THE AVOIDANCE OF DOUBT, SONY BMG MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE MATERIALS OR INFORMATION POSTED ON THIS WEBSITE WILL BE UPDATED (IF AT ALL) OR THE NUMBER OR IDENTIFICATION OF THE RECORDING ARTISTS OR OTHER INDIVIDUALS (IF ANY) THAT WILL BE FEATURED ON THIS WEBSITE.

VOID WHERE PROHIBITED

Although this website is accessible worldwide, not all products or services discussed or referenced on this website are available to all persons or in all geographic locations. Sony BMG reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this website is void where prohibited.

LICENSE AND SITE ACCESS

Sony BMG grants you a limited license to access and make personal use of this site and not to modify it, or any portion of it. This license does not include any resale or commercial use of this site or its contents or the right to use the same for any commercial or promotional purposes; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use terminates the permission or license granted by Sony BMG.

 DOWNLOADS

The Sony BMG Online Services and this website provide downloadable entertainment content, such as  song downloads (collectively, the “Content”) via the internet  to a personal computer.. By downloading Content, you (1) represent that you are at least 13 years of age; and (2) agree  to be bound by the terms and conditions of this Agreement. USERS UNDER EIGHTEEN (18) YEARS OF AGE REQUIRE PARENTAL PERMISSION TO DOWNLOAD CONTENT. You agree and acknowledge that the Sony BMG Online Services and Content are for your personal use on the device designated during the download. You agree that you may not transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial use of the Sony BMG Online Services or Content, including, but not limited to, any download(s), except as specifically provisioned by the Sony BMG Online Services. You may not, or attempt to (or otherwise authorize, encourage or support others’ attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Sony BMG Online Services, including, but not limited to, any downloads.

In order to use the Sony BMG Online Services, you must have access to an Internet communications network as well as any services necessary to download content and pay any service fees associated with any such access (standard airtime, messaging and/or connectivity rates would normally apply to your transaction depending on your specific service provider policy). In addition, you must provide all equipment and software necessary to connect to the Sony BMG Online Services, including, but not limited to, a computer,  that is in working order and suitable for use in connection with the Sony BMG Online Services. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with the Sony BMG Online Services. Any equipment or software causing interference shall be immediately disconnected from the Sony BMG Online Services and Sony BMG shall have the right to immediately terminate this Agreement. If any upgrade in or to the Sony BMG Online Services requires changes in your equipment or software, you must effect these changes at your own expense.

You remain responsible for any additional telephone or connectivity charges for the use of the Sony BMG Online Services , including when you download or stream music from the Sony BMG Online Services. You specifically agree that any telecommunications charges, such as wireless (including, but not necessarily limited to WAP, MMS, GPRS, SMS), broadband, telephone or similar Internet access charges that you incur in using the Sony BMG Online Services are your responsibility.

If you are connecting to the Internet with a telephone line  which includes call waiting features and  an incoming call is received while downloading a  product, such product may be interrupted or may not completely download. Once Content is downloaded Sony BMG shall be without liability to you in the event of its loss, destruction, or damage.

CONTENT

Sony BMG does not warrant that the Content or other materials contained in this site are accurate, complete, reliable, current, or error-free. You understand that by using the Sony BMG Online Services and accessing the Content, you may be exposed to Content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as explicit. Nevertheless, you agree to use the Sony BMG Online Services at your sole risk and Sony BMG shall have no liability to you for content that may be found to be offensive, indecent, or objectionable and that it is your responsibility to determine which Content meets your standards.

PROPRIETARY RIGHTS

The Sony BMG Online Services will enable you to listen to music and to access other Content that may be obtained by you in digital form. All Content is the property of Sony BMG, its affiliates, or its licensees and is protected by United States and international copyright laws.

USE OF THE SERVICE

You agree that you shall only use the Sony BMG Online Services and Content in a manner that complies with all applicable laws in the jurisdictions in which you use the Sony BMG Online Services and Content, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. You must be online in order to use the Sony BMG Online Service. You may download Content to a single computer from the Sony BMG Online Services. You may then transfer files and backup license files to up to two (2) additional personal computers. Content downloaded to Your Authorized Computer from the Sony BMG Online Services cannot be transferred, copied or distributed to other platforms or devices, including portable music players unless in accordance with the terms of this Agreement. You are entitled to download, export, burn or copy Content from the Sony BMG Online Services solely for personal, noncommercial use in accordance with the terms of this Agreement. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver of any rights of the copyright owners in any Content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in any Content. You may export Content downloaded to your PC solely to a portable device capable of playing Windows Media™ Audio (WMA) files such as a WMA-compliant portable music player.

No right, title or interest in any downloaded Content is transferred to you as a result of any downloading or copying or otherwise. You may only use and access the Content for private and non-commercial use. You are not granted any commercial, sale, resale, reproduction, distribution or promotional use rights for the Content, including any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition. You may not modify or use the Content for any other purpose or remove any proprietary notices or labels on the Content or the Sony BMG Online Services. You may not use the Sony BMG Online Services or Content in any way to provide, or as part of, any commercial service or application. You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, a Content file. The Sony BMG Online Services embodies a copy management system required by the laws of the United States , and you may not circumvent or attempt to circumvent this system by any means. Except as specifically authorized herein, you may not reproduce, republish, post, transmit, distribute, copy, redistribute, modify, translate, add to, alter, delete from, or create derivative works of the any Content, link directly to any Content, or attempt to "pass-off" any Content as your own work.

As it relates to codes used to redeem Content from the Sony BMG Online Services, all codes are subject to verification in accordance with the official rules, and in Sony BMG’s sole discretion. In most instances, each code can only be used once (“Unique Code”); attempts to re-use or re-enter a previously redeemed Unique Code will be void and ineligible for Content redemption (such as a Song Prize, a Gift with Purchase, and/or Sweepstakes entry). A Unique Code or a code entered from a computer that does not meet the system requirements for the Services may fail, so please make sure to review the system requirements. Codes that are not verified or recognized as valid by Sony BMG or that are deemed as previously entered and used will be void and not eligible for redemption. If a “start date” is provided with the codes, such codes can not be redeemed before the start date. If a deadline date is provided with the codes, all such codes must be entered by the deadline date. After the deadline date, such codes will be void and not eligible for redemption, unless otherwise prohibited.

On occasion, technical problems may delay or prevent delivery of the Content. You acknowledge that you understand that technological components in the delivery process such as Internet or wireless connectivity, your hardware, your software, the functionality of your ISP or other Internet service providers, and other components controlled by third parties, are not supervised or controlled by Sony BMG; any adverse effect such components may have on the functionality or success of the Content delivery or Sony BMG Online Services is not Sony BMG’s responsibility.

The Sony BMG Online Services is hosted in the United States and is intended only for use in the United States . You agree that you will use the Service only in the Unites States.

TECHNICAL REQUIREMENTS

You acknowledge that use of the Sony BMG Online Services and use of Content requires other hardware and software tools and that such hardware and software is your sole responsibility. To use Content on your personal computer or a portable music player, it will need to have a software program that is compatible with managing and playing Windows Media™ Audio (“WMA”) files. WMA files are not compatible with all computer operating systems or portable music player devices, including the Apple® Macintosh® computer or iPod device.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Sony BMG and its parents, affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms and Conditions. Sony BMG reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

LITIGATION ISSUES

This Agreement is entered into in the State of New York and shall be governed by, and construed in accordance with, the laws of the State of New York, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the Borough of Manhattan in the City of New York in the State of New York, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Each party to this Agreement further agrees as follows: (i) any claim brought to enforce this Agreement must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees; (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.

MISCELLANEOUS         

In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto with respect to the subject matter of this Agreement are expressly canceled. Sony BMG may modify the terms of this Agreement by posting notice of such modification on the page of this website entitled "Legal Notices" or "Legal Information" (or similar title) before the modification takes effect.

DESIGNATED AGENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT

The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider's Designated Agent. If you believe in good faith that Sony BMG should be notified of a possible online copyright infringement involving any Sony BMG website, please notify Sony BMG's designated agent: Jennifer Pariser, Esq., Law Department, Sony BMG Music Entertainment, 550 Madison Avenue, New York, New York 10022-3211. Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(c)(3)) before sending your notice of claim.