Media Extranet Terms and Conditions
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EMI MEDIA EXTRANET TERMS OF USE

The EMI Media Extranet ("the Extranet") is the online media information site provided by EMI Records Limited and Chrysalis Records Limited (together "EMI"), consisting of information services and content provided by EMI, affiliates of EMI and third parties. Your use of the Extranet constitutes your agreement to the terms, conditions and notices below ("Terms of Use"). IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE EXTRANET. EMI reserves the right to change, modify, add or remove portions of these Terms of Use at any time. Please check this page periodically for any modifications. Your continued use of the Extranet following the posting of any changes will mean that you have accepted the changes.

Access to the Extranet

You will be able to access the Extranet by entering a password and user name, both of which will be issued by EMI to such person(s) nominated by you to EMI in writing ("Authorised Personnel").

You shall be able to change your password at any time following the on-screen instructions on the Extranet.

If at any time you are of the opinion that a new user name is needed for reasons of security, then any person who is an Authorised Personnel may request the same from EMI whereupon EMI will issue a new user name to such Authorised Personnel in writing.

You will ensure that only the Authorised Personnel will have access to the Extranet and that the user names and the passwords referred to above will only be used by the Authorised Personnel and will not be disclosed to any other person. You will ensure that such Authorised Personnel have been given suitable training to use the Extranet properly and in accordance with these Terms of Use.

EMI has the right to suspend or withdraw temporarily or permanently your access to the Extranet at any time for any of the following reasons:

    • You are in breach of these Terms of Use; or
    • You (being a limited company) shall make any assignment for the benefit of creditors or make any compositions with creditors or if any action or proceeding under any insolvency law is taken against you and is not dismissed or if you shall effect a voluntary or compulsory liquidation of assets; or
    • You (being an individual) shall be made bankrupt or shall be convicted of a criminal offence involving fraud or theft; or
    • EMI is unable to provide access to the Extranet due to a defect in or failure of network, communication or computer systems owned or operated by the EMI, you or any third party.

Copyright & Trademarks

All materials in the Extranet (including site layout, design, text, images, graphics, audio and audio-visual content) are the property of EMI (its affiliated companies or licensors) or third parties and are protected by international copyright and trademark laws. You may not publish, copy, display, reproduce, upload, distribute, transmit, perform, modify, create derivative works from, or sell any information, products or services obtained from the Extranet, except as described in these Terms of Use or as otherwise expressly permitted under applicable law.

You acknowledge that certain materials on the Extranet are not owned by EMI. EMI may specify on the Extranet whether and how such materials can be used (in accordance with these Terms of Use). You agree to abide by such specifications.

EMI and other trademarks that appear throughout the Extranet belong to EMI, its affiliates, its parent company or third party trademark owners. Except as permitted by applicable laws, you are prohibited from using any of the trademarks appearing on the Extranet without express written consent from the respective trademark owners.

Your Use of Content & Materials

Provided you keep intact all copyright and other proprietary notices, you may print or download content and materials on the Extranet (but not audio and audio-visual content other than in accordance with the next sentence) for your use ONLY in the normal course of your trade/business in connection with raising awareness of and promoting the artists featured on the Extranet (and their recordings). With regard to audio and audio-visual materials on the Extranet, you may stream such materials from the Extranet for use in accordance with these Terms of Use (and in particular, the preceding sentence) provided that you shall not be permitted to make available (via hyperlinking or otherwise) such materials on any website of yours. You may not engage in systematic retrieval of data or other content from the Extranet to create or compile, directly or indirectly, a collection, compilation, database or directory. Nor may you mirror on your own site pages taken from the Extranet. Use of the content and materials on the Extranet for any purpose not expressly permitted in these Terms of Use is prohibited. Such unauthorised use covers, for example, use of the content and materials on the Extranet not in the normal course of your trade/business or for purposes unconnected with promoting the artists featured on the Extranet (and their recordings) or for merchandising purposes. In the event you download any content or materials from the Extranet, such content and/or materials are licensed to you by EMI. EMI does not transfer title to the content and/or materials to you. All rights not specifically granted to you are reserved by EMI.

Third Party Sites

Hyperlinks to other websites are provided for your convenience, such as artist websites. The editors of the Extranet have selected these websites as having some relevance and value, but their development and maintenance are not under the direction of EMI. Thus, the content, accuracy, opinions expressed, and other hyperlinks provided by these websites are neither verified by EMI editors nor endorsed by EMI. Furthermore, any visitor to the Extranet who hyperlinks to or from any other website is deemed to acknowledge that EMI has not reviewed and disclaims responsibility for any information contained in any such website accessed through the hyperlink. EMI accepts no liability for any direct, indirect, special, consequential or any other losses or damages of whatsoever kind arising out of access to or use of any hyperlinked website or any information contained therein.

Limitation of Liability

Neither EMI, its affiliates, nor any third-party content providers or licensors makes any warranty whatsoever, including without limitation:

    • that the operation of the Extranet will be uninterrupted or error-free
    • that defects will be corrected
    • that the Extranet, including the server that makes it available, is free of viruses or other harmful components
    • as to the results that may be obtained from use of the materials on the Extranet; or as to the accuracy, reliability, availability, suitability, quality, or operation of any information, software, or service provided on or accessible from the Extranet.

Neither EMI nor its affiliates nor third party content providers shall have any liability to you in relation to any loss or damage that you suffer as a result of any delay or defect in or failure of the whole or any part of (or any combination of):

    • your system; and/or
    • the Internet; and/or
    • any other network links or any other means of communication.

Neither EMI nor its affiliates nor third party content providers shall have any liability to you (whether in contract or in tort, including negligence) in the event that:

    • any viruses, worms, software bombs or similar items are introduced into your system via the Extranet, provided that EMI has taken reasonable steps to prevent any such introduction; and/or
    • the Extranet includes inaccuracies or typographical errors.

You will ensure that no computer viruses, worms, software bombs or similar items are introduced into the Extranet and will indemnify EMI (in accordance with the "Indemnity" paragraph below) for any loss that EMI suffers arising as a result of any such introduction.

EMI and all information, products and other content (including third party information, products and content) included in or accessible from the Extranet are provided "as is" and without warranties of any kind (express, implied and statutory), all of which EMI disclaims to the fullest extent permitted by law. Your use of the Extranet is at your sole risk.

In no event shall EMI, its affiliates or content providers be liable for any direct, indirect, special, consequential or any other losses or damages of whatsoever kind arising out of or related to the use, inability to use, authorised use, performance or non-performance of the Extranet, even if EMI was previously advised of the possibility of such damages and regardless of whether such damages arise in contract, tort, under statute, in equity, at law or otherwise.

Indemnity

You shall indemnify, protect and hold EMI harmless from and against all losses, liabilities, judgments, suits, actions, proceedings, claims, damages and costs resulting from or arising out of any breach of these Terms of Use and/or act or omission by any person (which includes Authorised Personnel � whether or not such Authorised Personnel is employed by or contracted to you at the time of such act or omission) obtaining access to the Extranet by using your designated user names and passwords, whether or not you authorised such access.

Miscellaneous

These Terms of Use shall operate and be governed by and interpreted in accordance with the laws of England and the High Court of Justice shall be the court of exclusive jurisdiction. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use represent the entire agreement between you and EMI relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

All contents of the Extranet are © 2000 EMI Records Limited or © 2000 Chrysalis Records Limited or their licensors or third party copyright owners. All rights reserved.