This site is owned and operated by Warner Music Australia Pty Limited (ACN 000 815 565) (‘Warner’), which is part of Warner Music Group. By using this site you accept and agree to comply with these Terms of Use. If you do not agree with any of these Terms of Use, do not use this site.

 

All material on this site, including, without limitation, text, names, logos, graphics, images, photographs, illustrations, music, audio clips, video clips and software (‘Material’) is owned exclusively by Warner, its affiliates or others who have licensed their material to Warner (unless expressly indicated otherwise).

 

You may view and download one copy of the Material for your own personal and non-commercial use only. Otherwise, you must not copy, reproduce, alter, republish, frame, upload, post, transmit, distribute, communicate or use the Material in any way other than as expressly authorised either in this site or in writing by Warner.

 

This site may contain communication facilities which provide feedback by users to Warner, real-time interaction between users and other electronic messaging and notice services (‘Communication Forum’). The information and opinions expressed in any Communication Forum are not necessarily those of Warner or its affiliates. Warner is not responsible for any material in any Communication Forum. You are solely responsible for any material submitted or published by you. In any Communication Forum, you must not submit or publish anything which is:
- Threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent
- Violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right;
- Violates any law or advocates illegal activity;
- dvertises or solicits money, goods or services.

Warner reserves the right to edit, refuse to post or to remove any materials that are described above or that are, in Warner's sole discretion, in any way objectionable, in breach of these Terms of Use or in Warner’s view, otherwise unacceptable. Warner reserves the right to fully co-operate with any legal order, direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any law.

 

All information, ideas, concepts and other material submitted by you will be the property of Warner throughout the universe for Warner to use in any manner in any media (whether now known or later devised) including to publish that material and use it for promotional purposes. You expressly waive in favour of Warner all moral rights and any similar rights which you may have or later acquire in respect of your material.

 

This site contains links to other websites. Warner is not responsible for the contents of other websites or any link contained in other websites. Warner provides these links to you as a convenience only. If you access any other website, you do so entirely at your own risk. This site may also contain advertisements by other people. These advertisements are not recommendations or endorsements by Warner and Warner is not responsible for the products and/or services being advertised. Please refer to the relevant advertiser for all information regarding the advertiser and its products and/or services.

 

Children under 16 should not submit any Material (particularly personal information) to this site. Children should ask their parents to submit any Material on their behalf.

 

To the fullest extent permitted by law, Warner excludes all conditions and warranties (express and implied) of any kind. Warner does not warrant: that the functions contained in any Material or Communications Forum or your access to this site will be uninterrupted or error-free; that any defects will be corrected; or that this site or the server which stores and transmits Material to you are free of viruses or any other harmful components. Warner does not warrant or make any representation regarding your access to, or the results of your access to, this site (including any related or linked websites) or any Material in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise. Under no circumstances (including without limitation, any act or omission on the part of Warner) will Warner or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss whatsoever which results from any use or access of, or any inability to use or access, this site or any Material. Certain laws may not allow the exclusion of some conditions and warranties and in that case some of the above exclusions may not apply to you if and to the extent they are not permitted by law.

 

You agree to indemnify Warner and its officers, directors, agents and affiliates from and against all claims, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from your failure to comply with these Terms of Use.

 

This site is controlled by Warner from its offices in New South Wales, Australia. Warner makes no representation that the Material in this site is appropriate or available for use in other locations. Those who choose to access this site from locations outside Australia do so at their own initiative and are responsible for compliance with local laws. These Terms of Use will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms of Use which will continue in full force and effect.

 

1. Mobile Content is provided by Warner Music
2. ‘Mobile Content’ means the pictures, videos, texts, skins or sounds available for purchase by the customer.
3. ‘Purchase’ means the payment of fees for the delivery to Your mobile phone of Mobile Content in accordance with these Terms.
4. By using the Service, You signify Your agreement to any terms & conditions You are advised of when utilising the Service and all terms, conditions, and notices contained or referenced herein including general terms and Privacy Policy (together, the ‘Terms’).
5. Warner Music reserves the right, at Our discretion, to update or revise the Terms at any time without notice to You. Please check the Terms periodically for changes at this web page. Your continued use of the Service following the posting of any changes to the Terms constitutes acceptance of those changes.
6. You acknowledge that any message material obtained from the Service is done at Your own risk and that We are not endorsing or associating with any particular person or event that may be featured within the Service.
7. You further acknowledge that You are only entitled to use the Service for lawful purposes, for Your own personal, private use and will not use the Service in breach of Our or any third parties intellectual property rights in the Service.
8. The Mobile Content may only be used by You for personal, non-commercial use and not otherwise for copying, republication, re-distribution, re-dissemination, re-communication, publication or any other commercial exploitation in any form or by any method whatsoever by You or other persons.
9. The Mobile Content will not be used by you in a manner and context that damages the reputation and goodwill of Warner Music.
10. You will observe all reasonable instructions from Warner Music regarding any usage restrictions of or corrections to items in the Content.
11. You acknowledge that standard telecommunication data charges may apply for the delivery of Mobile Content
12. Warner Music will not be liable for any costs incurred or for any reimbursement as a result of unauthorized subscription to the Service by someone else using your mobile phone.
13. Warner Music will endeavour to provide current, accurate information but makes no warranty regarding the timely delivery, currency or accuracy of any information provided to you as part of the Service nor that the Service will meet your requirements.
14. Warner Music warrants the Service will be rendered with due care and skill and that all necessary licenses for Mobile Content have been obtained.
15. Due to the nature of telecommunications systems We are unable to guarantee the Services will always be fault or virus free. You acknowledge that the Service may, from time to time, be adversely affected by events outside Our control. We will make all reasonable endeavours to ensure the uninterrupted and timely supply of the Service and will take all reasonable steps at Our expense to correct any error, omission or mistake, but will not be liable for any error, delay, or failure in transmission of the Service that could be reasonably considered beyond Our control.
16. The terms that apply to the Service are those that are expressly set out in this document and those implied by consumer protection laws to the supply of the Service that are unable to be excluded. No other terms apply.
17. All information, text, material, graphics, software and advertisements on the Network is protected by Australian and international copyright and trademark laws. Content on the Network is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Network or expressly authorised in writing by Warner Music or its Affiliates.
18. The Service is subject to the limitations of the enabling technology on which it is reliant and may be adversely affected by network performance and other operational factors beyond Our control including, but not limited to, congestion, network coverage, dropped connections, the performance of Your mobile phone and the maintenance of secure network connections. We can accept no responsibility for losses caused by any of these factors or any factors which could be reasonably considered outside Our control.
19. We will not be liable to You in any way for failures, defects or delays in the delivery of the Service which are caused by one or more of the following reasons: (a) You have provided an incorrect phone number or other incorrect information before ordering a Service; (b) Your mobile phone does not support the Service; (c) Your message mail box is full and has no additional memory to receive the download; (d) Your phone is out of range or for some other reason cannot be contacted; (e) You accidentally erase a Service provided to You.
20. Where any statute implies any term into your use of or any arrangement arising out of the Services and that statute prohibits exclusion of that term, then that term is included. If and to the extent permitted by the statute, however, the liability of Warner Music and its employees, agents and contractors for any breach of such term is limited, at Warner Music’s option, to the resupply of Services or the repayment of any fee or part of the fees paid by You for the Services.
21. All products, services and prices offered are subject to change without notice. You should check the price of a product before placing your order.
22. If We believe there has been a breach of the Terms We reserve the right immediately and without notice to withdraw or bar the Service.
23. You agree that where Your personal information supplied when making an order for the Service may be used by Us in accordance with and for the purposes set out in our Privacy Policy. Personal information will only be collected where it is necessary in order for Warner Music to carry out one or more of Our functions or activities.
24. We reserve the right to disclose information about You to applicable regulatory or government bodies where We are required by law to disclose this information.
25. We reserve the right to cancel, modify or supersede the Service if, in Our sole discretion, the Service is not capable as of being conducted as specified in the Terms.
26. This agreement is governed by the law in force in Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Australia and courts of appeal from them for determining any dispute concerning this agreement.
27. If any of the Terms are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.
28. If We do not act in relation to a breach by You of the Terms, this does not waive Our right to act with respect to subsequent or similar breaches. If You do not act in relation to a breach by Us of the Terms, this does not waive Your right to act with respect to subsequent or similar breaches.
29. You may not assign or transfer Your rights or benefits under the Terms to any other person or entity without Our prior consent.
30. You are responsible for ensuring that any contact details provided by You are up to date. You must notify Warner Music as soon as possible of any changes to your contact details.
31. The Terms of Use are effective until terminated by Warner Music, and Warner Music may terminate this agreement and your access to the Network at any time without notice. In the event of termination, you are no longer authorised to access the Network, but all restrictions imposed on you, licenses granted by you and all Warner Music disclaimers and limitations of liability set out in the Terms of Use will survive.
32. If You do not agree to the Terms You shall not use the Service.