TERMS AND CONDITIONS FOR SONYMUSICSHOP.DK

Date: 22 December 2009

 

SonyMusicShop.dk service, which includes digital and physical sale directly to the end consumer, is supplied by Sony Music. The terms and conditions of trade described below ("the Terms and conditions") shall represent an agreement between you and Sony Music that applies to your use of and access to MyPlay digital download service (the "Service"). You should closely read and understand the Terms and conditions before using the Service.

 

1.                         WHO ARE WE

References in these Terms and conditions to "Sony Music", "we" or "us" shall be references to Sony Music Entertainment Denmark A/S, a public limited company registered in Denmark with VAT code 02019657, on Vognmagergade 7, 6th floor, 1120 Copenhagen K, Denmark and with Central Business Registration no: 12259484.

 

2.                         CONTACT DETAILS

If you have questions or need assistance relating to the Service, its contents or parts of the Terms and conditions, please contact supportdk@sonymusic.com. Please do not provide any sensitive details of payment in email correspondence as this type of communication by definition is unsecure.

 

3.                         CHANGES TO THESE TERMS AND CONDITIONS

Changes to these Terms and conditions may occur. You will be free to obtain a print-friendly, updated version of the Terms and conditions by visiting http://www.sonymusicshop.dk/betingelser_uk with your browser.  Please check regularly to ensure that you are familiar with potential changes.  The date of issue of the current version of the Terms and conditions has been stated in the top of this page. By using the Service, you accept to be bound by the version of the Terms and conditions in effect for the time of such use. If you do not accept to be bound by the most recent Terms and conditions, you should refrain from using the Service.

 

4.                         ACCESS TO THE SERVICE

We can apply geo-filtering technology or other methods for controlling access to the Service based on location. You accept to not attempt to circumvent this technology or to submit false invoicing details to achieve access to the Service.

 

5.                         AGE LIMITATION

We are conscious of security and privacy of our users, especially children. It is not allowed for children under the age of 13 to register for the Service. Parents who wish to let their children use the Service should supervise such use and decide when particular parts of the Service or content elements are suitable to access for their children.

6.                         CONTENTS AND INTELLECTUAL PROPERTY RIGHTS

(a)          All contents and all products which can be acquired via the Service, including, but not limited to, (i) offered sound and videoTracks at full length ("Downloads"); and (ii) other sound, video, images, icons, logos; and all source and object codes and (iii) physical products of any nature (combined "the Contents") are owned or controlled by Sony Music and its licensees and are protected by international laws of copyright.

 

(b)          Downloads, which you have purchased, are licensed by us on a non-exclusive, non-transferrable basis, for your exclusive, personal, non-commercial use and in other way in relation to the Terms and conditions. Irrespective of other information in these Terms and conditions, unless allowed by effective law, you shall not reproduce, copy, transfer, upload, stream, distribute, make available, 'file share' on the internet, sell, let out, convey, under-license, remix, modify, synchronise with visual recordings, adapt, publicly perform with, or on cable or wireless publish Downloads neither fully nor partially, in any situation, irrespective of whether the purpose is commercial or non-commercial.

 

The right to copy physical products you have acquired via this service follows the Danish copyright law in effect from time to time.

 

(c)           Downloads are licensed to you exclusively in the context of your access to and use of the Service, and unless taking place in accordance with the Terms and conditions, it shall not be allowed in other manner to reproduce, copy, transfer, transmit, upload, stream, distribute, make available, 'file-share' on the internet, sell, let out, convey, under-license, remix, modify, synchronise with visual recordings, adapt, publicly perform with, publish on cable or wireless, translate, imitate, break-down or demount any part of the Contents, unless allowed by effective law.

 

(d)          Except for the expressly allowed under the Terms and conditions, we and our licensors shall reserve all rights, interests and remedies in relation to Downloads, the Contents and the Service.

 

(e)          Sony Music's, its group enterprises' and brand groups' registered and unregistered trademarks, trade descriptions and service brands, (combined "Trademarks"), which appear from the Service, shall be property of Sony Music or its group enterprises and shall not be used or reproduced in other manner.

 

7.                         USE OF SERVICE

(a)          Your access to and use of the Service shall be granted for your exclusive personal, non-commercial use. On exercising such access rights and use, you accept to observe all effective laws and regulations and these Terms and conditions, including, but not limited to, the following:

 

(i)                  It shall not be allowed to attempt to obtain unauthorised access to the Service, including to Sony Music's or its technical partners' computer systems or networks, in other manner than via user interfaces, supplied by Sony Music, and it shall not be allowed to access or attempt to gain access to other persons' user accounts without prior permission.

 

(ii)                It shall not be allowed to disturb or interrupt the operation of the Service or of the servers or networks used for making the Service available. In particular, it shall not be allowed to (I) attempt to circumvent or in other manner compromise security mechanisms applied by the Service for protecting products and Contents (including, but not limited to, attempts to access and/or save copies of Downloads on an unauthorised basis); or (II) to take part in activities that might deteriorate, damage or take over the Service or disturb other parties' use and enjoyment of the Service.

 

(iii)               It shall not be allowed to apply robot, spider or other manual or automatic application for collecting, 'scraping' or in other manner obtaining contents from the Service.

 

(b)          Non-compliance with effective laws and regulations or the above restraints may result in termination of your access to the Service in accordance with the Terms and conditions.

 

8.                         PURCHASE OF DOWNLOADS AND PHYSICAL PRODUCTS

(a)          All products purchased via the Service have been sold by Sony Music. All prices provided at the Service are incl. DK VAT of 25%.

 

(b)          You shall accept to perform full payment for all products which you purchase via the Service as a condition for your purchase of such products and that Sony Music may charge the relevant amount on the payment card or account (as relevant) stated by you. Your use of the Service comprises the ability to enter into agreements and/or perform electronic purchase.  You accept that your electronic entries represent your acceptance and intent to be bound by such agreements, including the condition of performing suitable payments in advance of purchase of a product. Your acceptance and intent to be bound by electronic entries shall apply to all registrations in relation to any transaction which you enter into on this site, including cancellation warnings, policies, contracts and applications.

 

(c)           Sony Music shall be entitled from time to time to change prices and availability of any product or collection of products without prior notice. We shall not offer a refund in the event of temporary or permanent price drops or purchase at higher prices.

 

(d)          Unless otherwise stated below, all purchase shall be binding. With respect to payments performed for purchase of Downloads delivered electronically, you shall accept and acknowledge that such materials are by nature considered consumer goods, and accordingly after successful delivery, Downloads shall not be returned and the relevant transaction shall not be cancelled. As such, you shall not be entitled to reductions in connection with such purchase, however, except in the event of a specific downloaded product being defective or under other exceptional circumstances  at Sony Music´s discretion. Under such circumstances, please contact supportdk@sonymusic.com to inform of the relevant transactions.

 

(e)          It shall be your responsibility not to lose, damage or destroy downloaded products which you wish to keep, and Sony Music shall not be liable in the event of such loss, damage or destruction of Downloads, which is not by fault of Sony Music´s own neglect.  Nevertheless, you will be entitled to download a replacement copy of the relevant product from our servers to your computer via the customer support delivered by the Service, if you are no longer accessed to a particular Download, which you have downloaded from the Service by reason of loss, damage or destruction of the relevant file.  However, please note that your possibility for redownloading  Downloads under these circumstances will expire six (6) months after the relevant purchase or after the Download has been redownloaded three (3) times if this is sooner. If you need to contact customer support relating to redownload of purchased Downloads, please submit an email to supportdk@sonymusic.com.

 

9.                         RIGHT OF WITHDRAWAL IN CONNECTION WITH PHYSICAL PRODUCTS (NOT DOWNLOADS)

You may withdraw from the agreement entered into according to section 17 of the Consumer Agreement Act.  The right of withdrawal period shall be 14 days and shall begin on the date on which you receive the goods.

Prior to your order, you have received information about this right of withdrawal as well as information about SonyMusicShop.dk.

If you have not received such details, the right of withdrawal period shall not commence until you have received these details in writing (for instance, on paper or email). However, the period shall expire no more than three months after the date on which you have received your goods. If, for instance, you receive the goods purchased on Monday the 1st, and you have also received the said details prior to the order, you have the right of withdrawal until and including Monday the 15th.  If you received the details later, for instance, Wednesday the 3rd, you have until and including Wednesday the 17th. If the deadline expires on a holiday, Saturday, Danish Constitution Day, 24 December or 31 December, you may wait until the following business day.

If you wish to exercise the right of withdrawal, you shall return or send back the goods to the below address before the expiry of the right of withdrawal.

 

Sony Music Entertainment, Danmark

Mrk: D2C shop retur
Vognmagergade 7, 6th floor

DK-1120 Copenhagen K

Denmark

 

However, for the sake of your own security, we recommend that you contact SonyMusicShop.dk to thereby confirm that the return case is approved.

 

It shall suffice that you have surrendered the goods to the postal services or other enterprise having assumed the delivery to SonyMusicShop.dk before the end of the right of withdrawal period. If you wish to obtain documentation that you have exercised your right timely, you may for instance save the receipt for having surrendered the goods to the postal services, etc. for the purpose of dispatch. You shall bear costs related to the return of the goods. You may also exercise your right of withdrawal by not receiving the goods or not picking them up from the post office, etc. The right of withdrawal shall lapse if the seal is broken on DVDs, CDs and other sealed products.
The returned goods shall be unused and returned in the original packing of the product.
Seal or protective plastic shall be unbroken. Return the goods with the invoice (or a copy of the front and back of the invoice).

 

10.                       RIGHT OF COMPLAINT AND WITHDRAWAL IN CONNECTION WITH PHYSICAL PRODUCTS (NOT                              DOWNLOADS)

You shall have a period of 24 months' right of complaint in connection with purchase of physical products.


On receipt of the goods, please examine them for any defects and deficiencies. If you receive a defective product or a product delivered erroneously, please contact SonyMusicShop.dk as soon as possible upon stating such fact. We shall receive the report of error and send you a stamped return label. Return the product in the same condition as you received it and enclose a damage or error report. We shall subsequently send you a non-defective or correct product, respectively. The erroneously delivered product shall be in unused and undamaged condition in the original packing of the product (seal and protective plastic shall not be broken).
Return the product with the invoice (or a copy of its front and back). Fill in the reason for the return on the back of the invoice.

 

11.                       HOST WEBSITES

(a)          The Service offers various functions from time to time, including, but not limited to, offers for sale of sound download and/or physical products via web application hosted by or on behalf of Sony Music and embedded in one or several websites (each referred to as a "Host Website"). Completion of purchase of Downloads and/or physical products via the Service will demand that you visit secure payment sites hosted by or on behalf of Sony Music, which are located on the internet address www.sonymusicshop.dk.

 

(b)          The owner or operator of a Host Website (be it Sony Music or a third party) shall be sole-responsible for all other contents and services, provided via such Host Website. In the event of Host Websites, which do have Sony Music or its affiliates as owner or operator, Sony Music shall not support such Host Websites, and shall not be responsible for or liable in relation to contents, products or other materials accessible on or via such Host Websites.

 

(c)           The Terms and conditions shall govern your use of the Service and shall not apply to your use of Host Websites, subject to separate terms and conditions as provided on such Host Websites.

 

(d)          You shall accept that your use of Host Websites, including, but not limited to your use of contents, information, advertisements or other materials available on or via such websites, shall be performed at your own risk and shall be subject to the terms and conditions of use as apply to such websites.

 

(e)          Sony Music shall from time to time and at own discretion be entitled to block access to the Service via technological or other means via any Host Website.

12.                       OTHER TERMS AND CONDITIONS OF USE

(a)          Access to and use of the Service may demand use of other hardware and software tools (for instance, a web-browser and a computer).  Such hardware and software, including, but not limited to, amounts charged therefore shall be your responsibility. Sony Music shall make no guarantees with respect to operation or performance of such hardware or software in connection with products acquired via the Service, and it shall rest upon you to check compatibility.

 

(b)          Unless otherwise provided, the sole costs of use of the Service shall be the costs stated in connection with your use of products. However, you should be aware that charge of access to and use of the Internet (including this Service) may be added the rates determined by your internet provider.

 

(c)           You shall accept that the Service may include materials which some may consider offensive or otherwise criticisable. You accept to use the Service at your own risk, and we shall not be liable to you to contents which are deemed offensive or otherwise criticisable.

 

(d)          Even though Sony Music and its suppliers make efforts to maintain the integrity of the Service and the servers from which it is operated, we shall not guarantee that the Service is or will remain secure, complete, free of typographical or other errors, that the Service will be uninterrupted or  that you will be able to download Downloads at any speed.

 

(e)          Sony Music shall reserve the right to remove or interrupt your access to particular contents, Downloads or other materials offered via the Service without notice, even though such removal or interruption will not affect Downloads, which you have already purchased via the Service.

 

(f)           Links to third party websites (if any), including within the Service, have been stated exclusively as a service to you, and you acknowledge and accept that Sony Music does not support such websites or is in control of such websites or of contents, products or other materials available thereon.

 

13. TERMINATION

(a)          Sony Music may terminate or in other manner suspend your access to or use of the Service without prior notice for any reason at our discretion, including, but not limited to, the event in which you have acted contrary to these Terms and conditions.

 

(b)          Sony Music may furthermore at its own discretion discontinue the Service entirely or partially at any time without prior notice.

 

(c)           Upon any termination, suspension or discontinuation, your right to use the Service shall cease immediately, and Sony Music shall not be obligated to you or to any third parties in connection with such termination, suspension or discontinuation of access to the Service.

 

14.                       LIABILITY AND INDEMNITY

(a)          To the extent permitted by law, Sony Music shall not be liable to indirect loss or consequential loss of any nature (including, but not limited to, lost earnings, business opportunities, data and/or profits), arising out of or in connection with use of or insufficient ability to use the Service. Furthermore, with the exception of the provisions of clause 8(e) above or clause 14(d) below, Sony Music shall not be liable to any form of loss or damage (including, but not limited to loss or damage arising out of Sony Music´s neglect) in connection with your use of or insufficient ability to use the Service (including Downloads or Contents) or hacks, viruses or other entry compromising the security of the Service.

(b)          In pursuance of clause 14(d) below and without prejudice to the provisions of clause 14(a) above, Sony Music´s maximum liability in damages for any damage, loss and basis of lawsuit, be it contractual, damage-wise or otherwise, shall represent the total amount, if any, which you have paid to Sony Music for purchasing relevant products via the Service.

 

(c)           You accept to defend and indemnify Sony Music and its employees, managing employees, directors, affiliates, agents, licensors and service providers from and against any claim, loss, cost and expense (including reasonable legal costs and expenses), arising out of your use of or activities in connection with the Service, Contents and Downloads, or other violation of the Terms and conditions on your part.

 

(d)          Nothing in these Terms and conditions shall be interpreted so as to discharge Sony Music from or limiting Sony Music´s liability for death or personal injury as a result of its neglect, and nothing shall prevent your statutory right as a consumer.

15.                       ENFORCEMENT

We shall reserve the right to take all necessary and appropriate steps at our discretion to ensure or enforce compliance with these Terms and conditions, including, but not limited to, encouragement of and/or full cooperation with, legal action or other legal procedure in connection with use of the Service, Downloads and/or other Contents contrary to these Terms and conditions. Such cooperation may comprise provision of your user account details to the police, officials and/or to third parties if required by law.

16.                       OTHER

(a)          These Terms and conditions shall not establish nor shall they be interpreted as to establish any partnership, joint venture, agency or franchisor-/franchisee relations between you and Sony Music.

 

(b)          If any point or any part of the Terms and conditions should for any reason be ruled invalid by a court of law or other competent legal authority, such ruling shall not affect the remaining Terms and conditions which shall remain in full effect.

 

(c)           We may convey our rights and obligations under the Terms and conditions without your consent, provided that such conveyance shall not affect your rights under these Terms and conditions in a negative direction.

 

(d)          If one party provides a waiver in relation to breach or insufficiency, it shall not be considered a waiver of all previous or subsequent breach or insufficiency.

 

(e)          Any heading, image or section title herein has been inserted exclusively for reasons of clarity and shall not be intended to defining or explaining relevant sections or provisions.

 

(f)           If required under these Terms and conditions, Sony Music shall submit messages to you via email to your registered email address, and you shall submit messages to Sony Music via supportdk@sonymusic.com.

 

(g)          Sony Music shall not be liable to neglect in compliance of obligations caused by affairs beyond its reasonable control.

 

(h)          These Terms and conditions shall represent the complete agreement between you and Sony Music in relation to the object therefore and shall replace any relevant, former written or oral agreement or understanding between you and Sony Music.

 

17.                       LAW & VENUE

To the extent permitted by effective law, these Terms and conditions shall be read and interpreted in accordance with Danish law, and the contract between you and us and shall be considered entered into in Denmark. Danish courts have non-exclusive competence to rule in any dispute arising out of, under or in connection with these Terms and conditions. Sony Music shall reserve the right to file suit against you for breach of the Terms and conditions in your home country or other relevant country.