Getmusic Asia – Terms of Use

1. Introduction

UNIVERSAL MUSIC PTE LTD (Singapore Company Registration No.196600395C) (“Universal”, “we”, “our” or “us”) is the operator of the Get Music online music service (“Get Music” or “Service”) at the Website (defined below).
Our related corporations (as defined in the Singapore Companies Act), agents, representatives and licensors will be referred to individually and collectively as the “Universal Entities” in these Terms of Use. The primary website address for Get Music is www.getmusicasia.com. This, and all associated sites linked to it by Universal and which are operated by Universal or Universal Entities, are referred to in these Terms of Use as the Website (the “Website”).

 

2. Your Agreement with Universal Music Group

These Terms of Use (which incorporate the Privacy Policy, collectively, the “Agreement”), as amended or revised by us from time to time, form a legally binding agreement between you and Universal.

Your access to and use of the Service is subject to these Terms of Use. By accessing or using the Service or Website, or by becoming an Account Holder, you acknowledge that you have read and understood and agree to be bound by the Agreement.

The Agreement governs the provision of all the services, content, information, features, functions and activities offered by us to you in connection with the Website and Service. These Terms of Use also contain the terms, conditions, rights and obligations that apply to you if you become an Account Holder.

By the submission of your credit card or your authorisation of any payment arrangements on the Website on behalf of any other user of the Website, you confirm your agreement to bear all financial obligations and all expenses incurred by the latter.

 

3. Signing Up to Get Music

You do not have to register as an Account Holder to visit Get Music or the Website. However, you must register and become an Account Holder in order to purchase music and use certain features and functions of the Service and Website.

An “Account Holder” is anyone who has signed up to the Service via the Website and has obtained a User ID to log into the Service. As an Account Holder you may set up a profile by giving us certain additional information, which we will refer to as your “Account.”

Each Account Holder will have a unique User ID, which is the email address and confidential password you provide (or we may assign an initial password which you may change later) when you register (“User ID”). We may provide Account Holders with additional codes or passwords necessary to access and use certain features or functions of the Service or the Website.

As an Account Holder, you may also be required to submit your first and last name, email address, date of birth and your postcode and we may also require you to provide additional information for security or identity verification or other purposes. We may also ask you to provide us with information about yourself which is optional, but will enable us to customise the Get Music experience for you. We will indicate what information is required and what information is optional. The information you provide to us in the registration process, as well as any information you provide during the course of using Get Music as an Account Holder is “Account Holder Information.”

Your User ID is personal to you. You may change your User ID, update your Account Holder Information and any personal information you have given us, however, certain personal information, such as your date of birth, cannot be changed unless you contact us at [email protected][email protected]. You may be required to provide documents or other evidence for verification.

We will use your personal information in accordance with our Privacy Policy (which you can access here).

 

4. Content

“Content” means all content including music, audio, video, text, illustrations, images, photographs, animations, data, information, software, databases, designs, other proprietary information and materials and all copyright protected or otherwise legally protectible elements of the Service, software and Website, tangible or intangible, including the selection, sequence, ‘look and feel’ and arrangement of items, as well as all copyright and other rights in other intellectual property which you may encounter or made available to you in connection with Get Music, the Website or the software.

 

5. Your conduct and using the Content

Your use of the Content is subject to the Agreement and you may not directly or indirectly reproduce, modify, display, communicate, broadcast, perform, transfer, distribute or use Content in any manner that is inconsistent with the Agreement or any laws or regulations that apply.

– You agree only to copy, record, play back and download Content for which you have the necessary authorisation, permissions and licences.

– Account Holders are allowed to transfer certain Content to their personal computer, transfer Content from their personal computer to certain enabled and compatible portable devices, and burn downloads to CDs, subject always to the terms of this Agreement.

– Downloads available from Get Music and the Service are generally in MP3 format and should be compatible with Windows Media Player and many portable devices, including current models of iPods.

– You are prohibited from sharing downloads with or enabling or allowing the sharing of downloads with any other person.

– Digital Rights Management, intellectual property and/or security technology protections may be provided with or in the Content and you must not directly or indirectly circumvent, reverse engineer, decrypt, or otherwise alter, modify, restrict or interfere with such protection or any of the means by which we monitor and administer these protections or rules.

– All Content belongs to Universal, the Universal Entities, or their respective licensors, suppliers, operational service providers or advertisers, and is legally protected under Singapore laws, as well as applicable foreign laws, regulations and international treaties.

– Get Music, the Website, the software and all Content are provided solely for your non-commercial, non-exclusive personal use.

– Your rights are granted personally to you, are non-assignable, non-sublicensable, non-transferable and limited to those specifically and expressly granted to you by us.

– You must not alter, delete, or conceal any copyright or other notices.

– You must not, nor will you allow any third party to, reproduce, modify, edit, adapt, create derivative works from, display, perform, publish, distribute, communicate, disseminate, broadcast or circulate to any third party or otherwise use, any Content without the express prior written consent of Universal or the owner of such Content if Universal is not the owner.

– Nothing must be construed as assigning, transferring or granting to you, any right, licence or interest in or to Get Music, the Content, the Website or any software, except for the specific, restricted and limited rights granted to you under the Agreement.

– Any use of Get Music, the Content, the Website or any software that is not expressly permitted under the Agreement is strictly prohibited.

– Portions of Get Music which manage digital rights in Content and which are installed on one or more of your computers may count the number of times you play downloaded Content or transfer downloaded Content to portable devices and will report that information to us. You agree and consent to the use of such rights management, and also to such reporting of information, which may also be a pre-requisite for access to the Content.

– It is your responsibility not to destroy or damage or lose the downloaded Content, as we are not responsible for any Content you download that is lost, damaged, destroyed or corrupted. We are not obliged to reissue or reactivate any digital rights management information files or tokens which are lost, damaged, destroyed or corrupted.

– You are solely responsible for all Content that you download from the Service. We are not obliged to maintain a record of the Content you download and we will not be liable or responsible for failing to do so.

– If we no longer have the right to make certain Content available, for any reason and at any time, you will no longer be able to obtain or use that Content from Get Music, even if you originally obtained it from us. No refunds will be available in such circumstances.

 

6.Your Responsibilities

You must not use or allow others to use the Site to upload, post, transmit, distribute, communicate or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any material that:

– is unsuitable for children;

– is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;

– contains, promotes, or provides information about unlawful activities or conduct;

– is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

– contains nudity, violence, or sexual acts or references;

– poses or creates a privacy or security risk to any person;

– you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;

– contains viruses, or other computer codes, files or programs which could interrupt, limit or destroy the functionality of other computer software or hardware;

– contains financial, legal, medical or other professional advice; or

– is contrary to any laws or regulations or codes of conduct or licensing requirements.

You must not use or allow others to use Get Music, the software or the Website in any manner that may:

– transmit (or authorise the transmission of) “junk mail”, “chain letters”, unsolicited emails, instance messaging, or “spam”;

– harm, abuse, harass, stalk, threaten or otherwise offend;

– solicit money or personal information from any person;

– be unlawful, defamatory, offensive, pornographic, threatening or discriminatory;

– affect us or any of the Universal Entities adversely or reflect negatively on us, Get Music, the Website or any of the Universal Entities, or on their goodwill, name or reputation;

– use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;

– breach any laws or regulations, infringe a third party’s rights or privacy, or be contrary to any relevant standards or codes;

– use another person’s registration details, User ID or password without that person’s permission; or

– tamper with, hinder the operation of or make unauthorised modifications to the Service or Website or the use and enjoyment of the Service or Website by other users.

By uploading, transmitting, posting or otherwise making available any material via the Site, you:

– grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the material in any form or on any medium and for any purpose;

– grant each user of the Website a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the material for any purpose subject to the Agreement; and

– warrant that you have the right to make available such material and to grant the abovementioned licences.

You are responsible for ensuring that your computer and devices, hardware and software (“Equipment”) can connect to the Internet and are compatible with Windows Digital Rights Management, and entirely at your own cost.

 

7. Monitoring

We may immediately and without notice to you review, moderate, modify, reformat, reject or remove any material which you upload, post, transmit or otherwise make available in our absolute discretion or where, in our opinion, it violates the Agreement or otherwise has the potential to harm, endanger or violate the rights of any person or to detract from others’ use or enjoyment of the Website.

We may disable access to Get Music and portions of the Website that require User ID log-in, for anyone who infringes the intellectual property or other rights of anyone else or otherwise breaches the Agreement or upon receipt of any allegations of such infringement.

You agree that Universal and the Universal Entities do not actively monitor or review any Content posted by other users of the Website, and take no responsibility and assume no liability for any such Content.

If you believe that your intellectual property rights have been infringed, please provide us written notice with full details as prescribed in PART IXA to the Singapore Copyright Act, Cap 63, and submit the same to our designated representative for receiving such notices, ie:

[insert (a) the name of the representative designated by the network service provider, (b) the appointment held by the designated representative in the network service provider, (c) the full address of the designated representative and (d) a telephone number, a facsimile number (if any) and an electronic mail address at which the designated representative can be contacted.]

We will only process notices in the English language that comply with the Singapore Copyright Act, and other applicable laws. Any notices that do not comply with the above will be rejected.

 

8. Warranties and Exclusions

Content may contain inaccuracies or errors and we make no representations about the accuracy, reliability, completeness, or timeliness of any Content or any content of other users or of third parties obtained using Get Music, the Website or any software. You acknowledge and agree that your use of Get Music, the software and the Website is solely at your own risk. You may also be able to use Get Music to import files you have legally obtained elsewhere, and you may be able to use Get Music or the software to play them. Such use is at your own risk and we cannot and do not warrant Get Music or the software will successfully import, play or support such files. You must ensure you have the right to use and play such files and content, independent of the Agreement, which does not grant you any rights in them.

We make no representation or warranty that any Equipment, including portable devices, will be compatible with Get Music or the Website. We are not obliged to refund any purchases should your Equipment be incompatible.

To the fullest extent permitted by law, we make no representation or warranty that the Service, or anything associated with the Service, will function, be available or accessible at all times or at any particular time or will operate as described.

 

9. Disclaimer and Limitation of Liability

Universal and Universal Entities (including any of their directors, officers, employees, consultants, or shareholders) do not make any representation or warranty as to the accuracy completeness of the information available via Get Music and the Website.

To the fullest extent permitted by law, Universal disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, satisfactory quality, and non-infringement.

To the fullest extent permitted by law, under no circumstances will Universal or any of the Universal Entities (including any of their directors, officers, employees, consultants, shareholders) be liable for any unauthorised use of Get Music, the Website, software, Content, products or other goods or services, by you or anyone using your User ID, email address, password or other identification.

You expressly acknowledge and agree that Universal is not responsible for and accepts no liability in relation to, any other users of the Service or the Website, the providers of information, content, or ideas to the Service or Website, or the suppliers of goods and services purchased from the Service or Website. In particular, you acknowledge that we accept no responsibility for material that is posted or transmitted via the Site by other users. Universal accepts no responsibility for such persons’ opinions or behaviour, including any information or advice provided by them, any statements made by them, or any conduct on their part.

You further acknowledge and agree that in no circumstances will we be liable to you for any indirect, incidental, special or consequential losses or damages or for any loss of profits, goodwill, data or opportunity (whether such losses are direct or indirect) of whatever nature howsoever arising.

We are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Website, Get Music or any Content.

You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of Get Music, the Website and Content.

You acknowledge and agree that, if you have a dispute with us or you are dissatisfied with any aspect of the Service or Website, then, subject to the paragraph immediately below, terminating your use of the Service and Website is your sole right and exclusive remedy and you acknowledge and agree that we have no other obligation, liability or responsibility to you or any other party.

Any liability of Universal or Universal Entities (including any of their directors, officers, employees, consultants, or shareholders) in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Universal be limited to:

– in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and

– in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again. For the avoidance of doubt, you acknowledge and agree that your use of the Service and Website does not include the supply of any telecommunications service by Universal, and any liability to re-supply the service or pay the cost of having the service supplied again, does not include the supply of, or payment for, any telecommunications service.

 

10. Indemnity

You agree to indemnify and hold Universal and Universal Entities (including any of their directors, officers, employees, consultants, or shareholders) harmless from any claim made by any third party due to, or arising out of, your use of the Service, Content, software or Website, the breach of the Agreement by you, or the infringement by you, or other users of the Service or Website using your Account, of any intellectual property or other right of any person or entity. In particular, you agree to indemnify and hold Universal and Universal Entities harmless from any claims made by any third party due to, or arising out of, anything you upload, transmit or post to the website.

We reserve the right to assume, at our expense, the exclusive defence and control of any such claim and all negotiations for the settlement of any such claim, and you agree to fully cooperate with us in the defence of any such claim, or settlement negotiations.

 

11. Third Party Content and Sites

Your Agreement with us does not cover your rights or responsibilities with respect to third party content or web sites or any links that may direct your browser or your connection to third party sites or pages.

You acknowledge and agree that holders of rights to Content provided to Universal are third-party beneficiaries under these Terms of Use and they have the right to enforce the provisions that concern the protection of their intellectual property rights and ownership interests directly against you.

URLs or hyperlinks may appear on Get Music or the Website. We do not endorse or have any responsibility for any such third party or third party sites you may visit or be directed to via a URL or hyperlink on Get Music or the Website. In no event shall we assume or have any responsibility or liability to you for any third party obtaining or collecting personal information from you. These hyperlinks do not and should not be taken as implying an endorsement or approval of any kind of the content or reliability of those web sites or the activities of the people, organizations and/or businesses responsible for those web sites.

 

12. Security

As an Account Holder, you must maintain the confidentiality of your User ID and you agree to immediately notify us if you become aware of, or believe there is or may have been, any unauthorised use of your User ID. You are solely responsible for any and all activity, behaviour, use or financial obligations that arise and all expenses, damages, liabilities and losses we incur unless and until we have had a reasonable opportunity to disable your User ID following you notifying us that your User ID may have been compromised.

We have the right to disclose your personal information, including your Account Holder Information to any authority, government official, credit reporting agency or third parties for the purpose of administering the Website and Get Music or in connection with any investigation, proceeding or claim arising from any illegal action or infringement arising from your use of Get Music or the Website.

 

13. Advertising

You may have contact with third parties such as our advertisers, sponsors, or promotional partners as a result of your use of Get Music or the Website (“Advertisers”). You consent to our sharing or disclosing your personal information with such Advertisers.

All contact, including the purchase of goods and services from Advertisers, is between you and the Advertisers and we are not responsible or liable to you in any way in connection with these activities or transactions.

 

14. Promotions and Marketing on Your Mobile

Universal, Universal Entities and our operational service providers, suppliers and Advertisers may conduct competitions or other promotions on or through the Website (“Promotions”). The rules of any Promotion will be deemed to be incorporated into and form a part of the Agreement.

You consent to the use of your mobile phone number or other electronic address or contact details by us and our Advertisers to inform you of Promotions, news, programming and information and/or to send you commercial electronic messages. Charges may apply for messages, for which you will be solely responsible. We shall not be responsible for any mobile or email charges incurred by you or any other person who has access to your mobile phone, telephone number or email address. We may terminate any of the aforesaid mobile marketing services at any time without notice.

If you do not wish to receive the aforesaid messages via your mobile phone number or other electronic address, you may send an unsubscribe request to [email protected][email protected]sia.com with your UserID information, and the mobile phone number or other electronic address to be unsubscribed.

 

15. Acknowledgement

You waive any rights to contest the validity or enforceability of the Agreement or make any claim against us that is inconsistent with the Agreement.

 

16. Term

Your Agreement with Universal remains in full force and effect for as long as you use the Service.

 

17. Changes to the Agreement

We may change the terms and conditions of the Agreement from time to time by notice on our Website or by email to you. These changes are effective immediately upon their posting on the Website, and by continuing to use the Service or the Website you agree to be bound by them. You shall be solely responsible for informing yourself of any changes to the Agreement. We may also modify, suspend or withdraw all or any part of the Service or Website, temporarily or permanently, with or without notice to you, and without any liability to you or any other party. If you believe a change to the Service or Website has materially affected your experience, please contact us at [email protected][email protected] to discuss your concerns. We reserve the right to charge for access to or use of the Service or Website (or any part of these) in the future, or to require registration at our sole discretion.

 

18. Affirmation regarding age

By using the Site, you affirm that you are 13 years or over or have attained the age of contracting capacity or otherwise possess legal parental or guardian consent to such use.

 

19. Miscellaneous

If any term or condition of the Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and if possible, that term or condition will be deemed amended or construed in such a manner to the extent necessary to render it legal, valid and enforceable.

Any provision of the Agreement which should survive in order to allow us to enforce its meaning and intent shall survive, provided that no action arising out of the Agreement or your use of Get Music, the software, the Website or any Content, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.

You may not transfer or assign the Agreement to anyone else and any attempt by you to do so will be null and void.

The Agreement is the complete, exclusive and entire statement of the terms and conditions, rights and obligations, agreements, understandings and undertakings between you and Universal regarding its subject matter and supersedes any and all prior or inconsistent understandings, discussions, communications, written, oral or otherwise.

Save for Universal Entities or as expressly provided, the terms and conditions of this Agreement shall not be enforceable under the Contracts (Rights of Third Parties) Act (Cap 53B) by a person who is not a party to it.

20. Governing Law

The Agreement is governed by the laws of Singapore and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Singapore.