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.
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.
If you have questions or need assistance relating to the
Service, its contents or parts of the Terms and conditions, please
Please do not provide any sensitive details of payment in email
correspondence as this type of communication by definition is
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.
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.
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.
CONTENTS AND INTELLECTUAL PROPERTY RIGHTS
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.
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
The right to copy physical products you have acquired via this
service follows the Danish copyright law in effect from time to
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.
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.
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.
USE OF SERVICE
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:
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.
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
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.
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.
PURCHASE OF DOWNLOADS AND PHYSICAL PRODUCTS
products purchased via the Service have been sold by Sony Music.
All prices provided at the Service are incl. DK VAT of 25%.
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
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.
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 email@example.com to
inform of the relevant transactions.
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 firstname.lastname@example.org.
RIGHT OF WITHDRAWAL IN CONNECTION WITH PHYSICAL PRODUCTS (NOT
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
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
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
RIGHT OF COMPLAINT AND WITHDRAWAL IN CONNECTION WITH PHYSICAL
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
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
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
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.
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.
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.
OTHER TERMS AND CONDITIONS OF USE
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.
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.
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.
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.
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
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.
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.
Music may furthermore at its own discretion discontinue the Service
entirely or partially at any time without prior notice.
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
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
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.
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.
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.
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
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.
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
(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.
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.
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 email@example.com.
Music shall not be liable to neglect in compliance of obligations
caused by affairs beyond its reasonable control.
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.
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.