LAST UPDATED: August 15, 2016
This site (together with any successor site(s), the “Portal”) is operated by Warner Music Inc. on behalf of its affiliates and distributed labels (“Warner”, “we”, “us”, “our” and other similar pronouns). Your use of the Portal is governed by these Terms of Use (this “Agreement”), regardless of how you access the Portal (including through the Internet, through Wireless Access Protocol (commonly referred to as “WAP”), through a mobile network or otherwise). “You” means any individual who accesses or uses the Portal, as well as any organization, artist or group on whose behalf you are acting. This Agreement is between you and us.
Our privacy policy (the “Privacy Policy”) is part of and incorporated into these Terms of Use (the Privacy Policy and Terms of Use are together sometimes referred to as the “Terms”) and applies to your use of the Portal. Please review the Privacy Policy
Acceptance of Terms. By using the Portal, you agree to the terms of this Agreement and to any additional rules and guidelines that we post on the Portal. If you do not wish to be bound or if you are not certain you can comply with the Terms of Use, please exit the Portal immediately. The Portal and your use thereof shall in no way operate to alter your contractual relationship with Warner, its affiliates or distributed labels or the amount of royalties to which you may be entitled.
By using the Portal, you represent and warrant that you are legally able to accept this Agreement. Any person under the age of 18 must only access the Portal when accompanied by and with the consent of a parent or guardian who is at least 18 years of age. If you are using the Portal on behalf of any entity, you further represent and warrant that you are authorized to accept this Agreement on such entity’s behalf, and that such entity agrees to indemnify Warner for violations of the Agreement. The Portal is only available for authorized users upon an invitation by Warner and is not intended for use by the general public.
Purpose of the Portal. The purpose of the Portal is to offer those artists or other persons with whom Warner and its affiliates and distributed labels have royalty contracts (together, “Royaltors”) and, as applicable, such Royaltors’ authorized representatives, a convenient way to access information related to their royalty statement earnings, balances and additional Warner related financial details. The Portal is intended only for use by such Royaltors and their authorized representative and no other use of the Portal is authorized by Warner. You agree you will not use or permit another to use the Portal for any other purpose. All rights not expressly granted to you under this Agreement are reserved by Warner.
Jurisdiction. The Portal is controlled and/or operated from the United States, however it is intended for Royaltors around the world. If you are a Royaltor from outside the United States, please note that any information used or provided to us in connection with the Portal may be processed and stored by Warner within the U.S. By using the Portal you agree to the transfer, use and disclosure of your information as set forth herein. The Portal may not be appropriate or available for use in some jurisdictions outside of the United States. If you access the Portal, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Portal's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion
Portal Content. While we endeavor to ensure the accuracy of the information available on the Portal and your account information, there may be clerical errors, omissions or incorrect or outdated information on the Portal from time to time. We reserve the right to correct any such errors, omissions or incorrect or outdated information as and when they are identified by us. You agree to bear all risk associated with the use of the Portal, including any reliance on the accuracy, completeness or usefulness of any content, information or materials made available through the Portal.
Registration and Use Rules. In order to access the Portal, you will receive an invitation with a one-time unique ID, which will prompt you to step through the onboarding process. You will be asked to create a password and provide a secondary cell phone or email address. You will receive a message to such email providing you with this Agreement. By completing your user profile, you agree to this Agreement. You will need to use your email and a password in order to log into the Portal and access your account records. At any time, we may reject, or require that you change, any user name, password or other information that you provide to us in registering.
You hereby agree to the following pertaining to Portal registration, use of your Portal login information and use of the Portal:
You agree to only use the Portal for the purpose of accessing and reviewing the royalty earnings of the person or entity at issue.
You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.
Your user name and password are for your personal use or your authorized agents use on your behalf only and should be kept confidential at all times. You agree you will not reveal your login details to anyone aside from your authorized agents.
You are responsible for any and all use of your user name and password or activities that occur under your account.
You agree to promptly notify us of any actual or suspected confidentiality breach or unauthorized use of your user name and password, or your Portal account. You must do so by contacting us at 877-343-7784 or PortalUserSupport@wmg.com.
If the relationship between you and an authorized representative is terminated, you should change your password and your two step authentication information immediately (i.e., secondary email address and phone number).
If you are a representative acting on behalf of several Royaltors, and you are no longer authorized to access the Portal on behalf of one of those Royaltors, you must notify us immediately.
You will not save your password or user name on any software or browser which retains it automatically. Your devices must be secure, so that someone using your device cannot log into the Portal solely through stored details and without entering additional unique login information.
Log off of the Portal at the end of any session and before leaving any device you are logged in from unattended. Do not save or download statements on shared or public computers.
You shall take all precautions to prevent the use of the Portal by unauthorized persons.
If you fail to comply with the foregoing or act without reasonable care, you shall be responsible for any damages resulting from such behavior.
In addition, you will comply with the following “Rules of Conduct” as updated from time to time by us. You will not:
Except for viewing and printing your royalty information for personal use, you may not reproduce, duplicate, copy, download, store, print, display, publish, sell, resell or otherwise exploit any, any portion of, use of, or access to the Portal.
Use any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Use the Portal for any fraudulent or unlawful purpose. Use the Portal to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including, without limitation, others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Portal.
Impersonate any person or entity, including any of our (or our affiliates') representatives; falsely state or otherwise misrepresent your affiliation with any person or entity.
Interfere with or disrupt the operation of the Portal or the servers or networks used to make the Portal available; or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other authorized person from using the Portal (including by hacking or defacing any portion of the Portal).
The Portal may not always be available. We reserve the right to change or remove, and restrict or block access to, all or any part of the Portal at any time without notice.
Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Portal.
Remove any copyright, trademark or other proprietary rights notice from the Portal or materials originating from the Portal.
Frame or mirror any part of the Portal without our express prior written consent.
Create a database by systematically downloading and storing all or any Portal content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Portal, without our express prior, written consent.
We may terminate your use of the Portal for any conduct that we consider to be inappropriate, or for your breach of this Agreement, including the above Rules of Conduct.
Updates. We may make changes to this Agreement from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Portal. You can determine when we last changed this Agreement by referring to the “LAST UPDATED” legend above. Your use of the Portal following changes to this Agreement will constitute your acceptance of those changes; provided, however, any material change to this Agreement shall not apply retroactively to any claim or dispute between you and us in connection with this Agreement that arose prior to the “LAST UPDATED” date applicable to that version of this Agreement in which we included such material change. We may, at any time, modify or discontinue all or part of the Portal, or offer opportunities to some or all Portal users.
Information You Submit. Your submission of information through the Portal is governed by our Privacy Policy.
Our Proprietary Rights. We, our affiliates and our respective licensors and suppliers own the information and materials made available through the Portal. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Portal or any information or materials made available through the Portal.
You may, however, download and/or print individual pages of the Portal or copies of your royalty statements or other materials made available by us for you via the Portal for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
We, our affiliates and/or our respective licensors or suppliers own the trade names, trademarks and service marks on the Portal, including without limitation WARNER Music, WARNER MUSIC GROUP, and any associated logos. All trademarks and service marks on the Portal not owned by us or our affiliates are the property of their respective owners. You may not use our trade names, trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Portal should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner.
PLEASE NOTE THAT UNAUTHORIZED USE OF THE PORTAL, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
Limitations of Liability and Disclaimers. THE PORTAL AND ALL GOODS, SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE PORTAL ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE AND OUR AFFILIATES AND REPRESENTATIVES AND PROVIDERS DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE PORTAL AND ALL GOODS, SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE PORTAL, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE PORTAL (OR ANY PART THEREOF), OR ANY GOODS, SERVICES, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE PORTAL IS OR WILL BE ACCURATE, COMPLETE, ERROR-FREE, OR COMPATIBLE WITH ANY PARTICULAR SOFTWARE OR HARDWARE. FURTHER, WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY SOFTWARE, HARDWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE PORTAL OR ANY GOODS, SERVICES, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE PORTAL WILL FUNCTION IN ANY MANNER.
YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE OR SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO USE THE PORTAL AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, EQUIPMENT, DEVICES, SYSTEMS OR SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE PORTAL AND ANY GOODS, SERVICES, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE PORTAL. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE PORTAL, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY GOODS, SERVICES, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE PORTAL.
WE, OUR AFFILIATES AND OUR REPRESENTATIVES AND PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE PORTAL, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE PORTAL, OR UNAUTHORIZED INTERCEPTION OF ANY INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE, OUR AFFILIATES AND OUR REPRESENTATIVES AND PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE PORTAL OR INFORMATION OR MATERIALS ON THE PORTAL. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PORTAL IS TO STOP USING THE PORTAL. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE RELATING TO YOUR USE OF THE PORTAL SHALL BE ONE HUNDRED DOLLARS $100.00
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
While we try to maintain the security of the Portal, we do not guarantee that the Portal will be secure or that any use of the Portal will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Portal. If you become aware of any unauthorized third party alterations to the Portal, contact us at 877-343-7784 or PortalUserSupport@wmg.com with a description of the material(s) at issue and the URL or location of such materials.
Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless us, our affiliates and our and their respective representatives and providers, from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of your use of, or activities in connection with, the Portal or any violation of this Agreement by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive this Agreement and the termination of your use of the Portal.
Termination. This Agreement is effective until terminated. We may, at any time and for any reason, terminate this Agreement and your access to or use of: (a) the Portal, (b) your user name and password or (c) any files or information associated with your user name and password. If we terminate your access to the Portal, you will not have the right to bring claims against us, our affiliates or our respective representatives and providers with respect to such termination. We and our affiliates and our respective representatives and providers, shall not be liable for any termination of your access to the Portal or to any such information or files, and shall not be required to make such information or files available to you except as may be required under a separate agreement between you and us after any such termination. We may take steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement (including our right to cooperate with any legal process relating to your use of the Portal or any third party claim that your use of the Portal is unlawful or infringes such third party's rights).
Governing Law; Dispute Resolution. You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of the Portal) is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in New York, New York, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections thereto.
You agree that any unauthorized use of the Portal, or any related software or materials, would result in irreparable injury to us, our affiliates or our respective representatives or providers for which money damages would be inadequate, and in such event we, our affiliates or our respective representatives or providers, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this section or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that we, our affiliates or our respective representatives or providers may have under separate legal authority, including, without limitation, any claim for intellectual property infringement.
Notices/Contact Us. Notices to you may be made via posting to the Portal, by e-mail or by regular mail, in our discretion. We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions regarding the meaning or application of this Agreement, please direct such questions to us at 877-343-7784 or PortalUserSupport@wmg.com. E-mail communications are not necessarily secure, so please do not include sensitive information in any e-mail to us.
Miscellaneous. This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of this Agreement is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement hereby incorporates by this reference any additional terms that we post on the Portal (including, without limitation, our Privacy Policy) and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Except as expressly set forth in this Agreement, nothing in this Agreement, express or implied, is intended to confer, nor shall anything herein confer on, any person other than the parties, their representatives and the respective successors or permitted assigns of the parties, any rights, remedies, obligations or liabilities. Notwithstanding the previous sentence, you agree that our affiliates and our and their respective representatives are third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly apply to such parties. Notwithstanding the immediately preceding sentence, our right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
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