Universal Music Group

 

Website and App Terms and Conditions

 

The following terms and conditions (these “Terms and Conditions”) govern your access to and use of the KINGSHIP website (www.kingship.io) and related products, UMG Digital Collectibles (as defined below), services, websites and applications, and all other content and services that flow through any of the foregoing (collectively, the Site”). The Site is made available by Universal Music Group and its affiliates (collectively, Universal or we or us”) and may include content, products, technology and services developed or provided by third party service providers. We may change these Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site. It is expected that you will read these Terms and Conditions fully prior to accessing the Site. Your continued use of the Site following the posting of changes will mean you accept those changes. You should review any additional terms or FAQs posted on our Site. For clarity, these Terms and Conditions do not govern your use of Universal’s and its affiliates’ other websites or applications.

 

Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.

BY ACCESSING OR USING THE SITE, INCLUDING REGISTERING FOR AN ACCOUNT, CONNECTING A DIGITAL WALLET, OR PROVIDING DIGITAL WALLET INFO (EACH AS DEFINED BELOW), INTERACTING WITH THE SITE, OR SUBMITTING FEEDBACK THROUGH THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AND TO ABIDE BY ALL RULES, TERMS, CONDITIONS, RESTRICTIONS AND NOTICES IN THE TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.

 

THESE TERMS AND CONDITIONS CONTAIN PROVISIONS CONCERNING BINDING ARBITRATION AND A CLASS ACTION WAIVER (SECTION 20). PLEASE READ THEM CAREFULLY.

 

1.                     Proprietary Rights.

 

a.                     As between you and Universal, Universal owns, solely and exclusively, all rights, title and interest in and to the UMG Content (as defined below), the Site, all the content (including audio, photographs, illustrations, graphics, other visuals, video, copy, lyrics, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including any copyrights (e.g., the rights to reproduce and make copies, prepare derivate works, distribute, sell, transfer, display, perform, publicly display, and publicly perform), trademark, patent, database, moral, sui generis and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. You may view the content on the Site on your computer or other internet- compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of Universal or the applicable rights holder. You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Universal will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

 

b.                  Without limiting the foregoing Universal owns solely and exclusively all rights, title and interest in and to the KINGSHIP name and trademark and all proprietary technologies that constitute the brand image by which KINGSHIP is known to the public. Intellectual property and proprietary technologies owned by Universal include: KINGSHIP smart contracts, logos, trademarks, product names, service marks, and copyrightable works, including content of its internet websites, user interface, and metadata as it relates to KINGSHIP. Any commercial distribution, publishing or exploitation of the KINGSHIP name, mark, or proprietary technologies is strictly prohibited unless you have received the express prior permission of Universal. You may not otherwise copy, reproduce, distribute or otherwise exploit the KINGSHIP name, mark, or proprietary technologies. If you make other use of the KINGSHIP name, mark, or proprietary technologies, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

 

c.                   To the extent that you have or obtain any right, title and interest in or to any of the foregoing technology, content, trademarks, or other materials described in Sections 1(a) and (b), you hereby irrevocably transfer, assign, and otherwise convey to Universal your entire such right, title and interest. We hereby reserve all rights not expressly granted to you in these Terms and Conditions.

 

2.                   Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Universal and others and may not be used in connection with products or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by Universal that appear on the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Universal or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited. Universal will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution. As between you and, all goodwill arising from use of the Trademarks, including, for clarity, the Kingship marks, will inure solely to the benefit of Universal.

 

3.                   User Information. In the course of your use of the Site, you may be asked to provide certain personalized information to us (including information regarding or contained in your Digital Wallet) (such information referred to hereinafter as User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Site’s Privacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.

 

4.                   Unsolicited Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Site’s Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, nonexclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

 

5.                   User Conduct.

 

a.                  You may not use, export, import or transfer any part of the Site except as authorized by U.S. law, the laws of the jurisdiction in which you use or access the Site, and any other applicable laws. Without limiting the foregoing, no part of the Site may be exported or re-exported: (i) into any country embargoed by the U.S. or (ii) to anyone identified on, and/or fifty percent (50%) owned or controlled, directly or indirectly, by any legal or factual means, by any person or entity identified on, any government sanctions-related list of designated parties with whom export transactions or the making available of funds or economic resources by persons subject to such applicable jurisdictions are prohibited, including without limitation, anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By accessing the Site, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any government sanctions-related list of designated parties with whom export transactions or the making available of funds or economic resources by person subject to such applicable jurisdictions are prohibited, including without limitation, any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that the Site is subject to the export control laws and regulations of the U.S. You will comply with those laws and regulations and will not, without prior U.S. government authorization, export, re-export or transfer any portion or component of the Site (including, for clarity, any UMG Digital Collectible) either directly or indirectly, to any country in violation of those laws and regulations.

 

b.                   You warrant and agree that, while using the Site, you shall not upload, post or transmit to the Site, or distribute or otherwise publish through the Site, any materials that: (i) are protected by third party copyright, or other proprietary or intellectual property right; (ii) are unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including sexual language of a violent or threatening nature directed at another individual or group of individuals), (iii) restrict or inhibit any other user from using and enjoying the Site, (iv) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (v) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.

 

c.                   You also warrant and agree that you shall not (i) upload, post or transmit to the Site, or distribute or otherwise publish through the Site a Digital Wallet or Digital Wallet Info that belongs to any person or entity other than you; (ii) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (iii) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (iv) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, Digital Wallet or Digital Wallet Info, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site; (v) attempt to gain unauthorized access to other computer systems through the Site, transmit or distribute a virus, trojan, worm, or any other material that is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene, or otherwise attempt to affect the performance or functionality of any computer facilities of or accessed through the Site; (vi) promote or encourage illegal activity, use the Site for any other purpose not intended by Universal, or violate any law or regulation, including any applicable export control laws or privacy laws; or (vii) remove any copyright, trademark or other proprietary rights notices contained in or on the Site, in whole or in part. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

d.                   If you engage in any of the foregoing activities set forth in Section 5(c) (collectively, the “Prohibited Activities”), we may, at our discretion, without notice or liability to you, and without limiting any of our other rights or remedies at law or in equity: (i) immediately suspend or terminate your right to use or access the Site; (ii) delete or terminate access to the UMG Content that is part of, associated with or linked to your UMG Digital Collectible (each as defined below), including terminating any licenses granted herein at the direction and on behalf of Universal; (iii) freeze, seize, or transfer ownership of your UMG Digital Collectible; or (iv) deem any transaction that took place as a result of such activities to be void ab initio or immediately confiscate any UMG Digital Collectible that was purchased or acquired as the result of such activities. In any such event, you will not receive a refund of any amounts you paid for such UMG Digital Collectible. We may also impose limits on certain features and services offered on our website(s) or restrict your access to parts or all of our website(s) without notice, and we have no liability to you for any such limitations or restrictions.

 

e.                   You agree that we may require you to provide additional information and documents at the request of any competent authority or of any applicable law or regulation, including laws related to anti-money laundering or for countering the financing of terrorism. We may also require you to provide additional information and documents in cases where we have reason to believe that: (i) your Digital Wallet is being used for any illegal activity; (ii) you have concealed or reported false identification information or other details; or (iii) actions effected via your Digital Wallet were effected in breach of these Terms and Conditions. If you do not provide complete and accurate information and documents in response to such a request, we may immediately suspend or terminate your right to use or access the Site.

 

f.                    Although Universal may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, Universal is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations on the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, alleged or implied promise, or inaccuracy contained in any information within such locations on the Site.

 

g.                    You agree that if you include a link from any other website to the Site, such link shall open in a new browser window. You agree not to link from any other website to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Site from your website at any time upon written notice to you.

 

h.                    You agree to defend, indemnify and hold Universal and its directors, officers, employees, agents or content or service providers (collectively, “Protected Entities”) harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms and Conditions. Universal reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Universal’s defense of such claim.

 

6.                   Account; Password; Digital Wallet Connection.

 

a.                   You may be (i) enabled to create an account in the Site (“Account”) using a stand-alone registration or social media logins (“Login”) or (ii) prompted to connect, provide, or enable access to (A) your digital wallet that stores non- fungible tokens such as those conforming to the ERC-721 or ERC-721A standard (“Tokens”) or other digital or cryptographic assets (such wallet, a “Digital Wallet”), or (B) your Digital Wallet address or other information related to or contained in your Digital Wallet, such as a digital key or digital address (such address or other information, your “Digital Wallet Info”). You shall be entirely responsible for maintaining the strict confidentiality of any username or password administered to you through your Login, your Digital Wallet, or your Digital Wallet Info, and for any access to or use of the Site by you or any person or entity using your username, password, Digital Wallet or Digital Wallet Info, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent; and for all activities that are conducted through your Account or using your Digital Wallet or Digital Wallet Info. You agree to (i) ensure that you exit from your Account at the end of each session and (ii) immediately notify Universal if you have any reason to believe an unauthorized use of your password, Account, Digital Wallet or Digital Wallet Info or any other breach of security has taken place. It is your sole responsibility to control the dissemination and use of your password, Digital Wallet and Digital Wallet Info, control access to and use of your Account, and notify Universal when you desire to cancel your Account on the Site. Universal will not be responsible or liable for any loss or damage arising from (A) your failure to comply with this provision or (B) use of your Digital Wallet or Digital Wallet Info, including the security and privacy practices of the third party(ies) who operate such Digital Wallet.

 

b.                 If you provide your Digital Wallet Info on the Site, you acknowledge and agree that its contents (including any Tokens contained therein) may be scanned or analyzed to verify whether your Digital Wallet (i) is a valid MetaMask, Rainbow, Trust Wallet or other digital wallet compatible with the public Ethereum network or other Network (as defined below), in each case as determined by and at the discretion of Universal, and (ii) whether it holds certain Tokens that are associated with certain content (e.g. Tokens associated with Bored Ape Yacht Club, Mutant Ape Yacht Club or World of Women content) as determined by and at the discretion of Universal (collectively, the “Qualifications”). For clarity, and without limiting any other provision herein, Universal may, in its discretion, add or remove the types of digital wallets that it deems to meet the Qualifications at any time. To the extent your Digital Wallet is deemed to meet the Qualifications by Universal, your Digital Wallet Info will be included on a virtual allow list of Site end users that may be eligible to purchase and mint at a later date a unique blockchain-tracked Token on the Site (such virtual allow list, the “Allowlist”). If your Digital Wallet has multiple eligible (as determined by and at the discretion of Universal) Tokens, your Digital Wallet Info will only be included on the Allowlist once. If the Tokens in your Digital Wallet have already been scanned on the Site (e.g., if included within a different Digital Wallet from another Site end user), your Digital Wallet will be deemed to not meet the Qualifications. By providing your Digital Wallet Info on the Site, you consent to such scanning or analysis of the contents of your Digital Wallet. Universal retains the ability to change the Qualifications necessary for a Digital Wallet to be included on the Allowlist at any time for any reason, and it may allow holders other than those specified above to be included on the Allowlist.

 

7.                   Purchase of Tokens.

 

a.                   On the Site, you may be eligible to purchase and mint certain Tokens that provide access to certain graphical, audio, video or digital entertainment content, such as content from Universal and its affiliates (such content, “UMG Content,” and those Tokens together with the UMG Content that is part of, associated with or linked to those Tokens, “UMG Digital Collectibles”). A limited number of UMG Digital Collectibles will be made available on the Site for purchase and minting by eligible persons, and no action you take (including accessing the Site, using the Site, providing your Digital Wallet Info or User Information on the Site, or registering/qualifying to be included on the Allowlist) will guarantee your ability to purchase or mint any UMG Digital Collectible (or, for clarity, any other Token) on the Site at any point in time. Universal retains the right to give persons who meet certain qualifications (such as those Qualifications listed above) priority to purchase or mint available Tokens over other persons on the Allowlist in Universal’s discretion. Once all UMG Digital Collectibles made available on the Site are minted or purchased, there may not be further UMG Digital Collectibles made available for purchase or minting and you may thereafter be unable to purchase or mint, or be eligible to have the opportunity to purchase or mint, any UMG Digital Collectible on the Site. Purchases may be made by using one or more cryptocurrencies that we may elect to accept from time to time. Universal retains the right in its discretion to limit the dollar (or equivalent in other currencies) amount of each transaction and the number of any transactions on the Site. Universal is under no obligation to accept cryptocurrencies and we retain the right in our discretion to determine what currencies or payment options to accept at any time. You acknowledge and agree that all transactions effectuated through the Site may be publicly visible on the Ethereum blockchain network or another blockchain or distributed ledger network (each and every such network, a “Network”) when made.

 

b.                The Tokens that are part of the UMG Digital Collectibles are separate and distinct from the UMG Content associated with such Tokens and separate from any third-party copyrights, trade secrets, trademarks, patent rights (including patent applications and disclosures), know-how or any other intellectual property rights recognized in any country or jurisdiction in the world (“Third Party IP”). The UMG Collectibles (including the associated Tokens and UMG Content), Third Party IP and any other UMG Content that may be part of, associated with or linked to such Tokens in connection with the Site, are neither a medium of exchange nor convertible virtual currency. Universal reserves the right to revise its prices at any time prior to accepting your purchase. All sales are final. Universal will not issue refunds under any circumstances.

 

c.                   If you wish to use the Site, you may be asked to supply certain information relevant to your use. You represent and warrant that (i) you have the legal right to use a third-party wallet provider (which such permitted wallet types are determined by Universal in its discretion) in connection with any purchase, and (ii) the information you supply to us is true, correct and complete.

 

d.                   Each transaction made through the Site may be managed and recorded on a Network and may be processed by third-party vendors (collectively, Third Party Vendors”), rather than by Universal. Universal has no control over any such transactions or any Network, cannot reverse or issue refunds in connection with such transactions, and is not liable for any loss, damage or harm that you may incur as a result of such transactions or in connection with any Third Party Services (defined below). Except as expressly set forth herein, those Third Party Vendor terms govern the transactions that are effectuated on the applicable Network when you request to mint any UMG Digital Collectible, including any related decentralized technologies (e.g., Ethereum), websites, services, tools, applications, smart contracts, and application programming interfaces that are provided by any Third Party Vendors (collectively, “Third Party Services”).

 

e.                   You hereby expressly grant Universal the right, power, and authority to transmit your information to such Third Party Vendors as reasonably necessary for Universal to provide the Site to you. Universal has no affiliation with any Third Party Vendors. Because Universal has no control over Third Party Vendors or Third Party Services, you acknowledge and agree that Universal is not responsible for the availability of any such Third Party Services, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials available from such websites or mobile applications, nor does Universal endorse any such websites, mobile applications or resources, or the products or services accessible on such websites or mobile applications.

f.                    You are responsible for all payments, fees and costs when engaging in any transactions involving the Site, including UMG Digital Collectibles, such as the purchase price, transaction fees (e.g., “gas” fees) and all other fees associated with your use of the Site or any Third Party Services, including purchasing and trading a UMG Digital Collectible. You also are solely responsible for payment of all national, federal, state, local or other taxes of any jurisdiction, of whatever nature whether now in effect or imposed in the future by any national federal, state, local, international or any other governmental authority or taxing jurisdiction, including any income, sales, use, value-added (VAT), goods and services and other taxes and duties associated with your use of the Site, any Third Party Services, and your purchase of UMG Digital Collectibles from any party. You are solely responsible for any tax reporting for transactions in which you may be a seller of UMG Digital Collectibles.

 

8.                   Token License.

 

a.                   Subject to your continued compliance with these Terms and Conditions, and to the extent that you rightfully purchased a UMG Digital Collectible on the Site, we grant you a personal, limited, revocable, non-exclusive, non- transferable (except as expressly set forth herein), non-sublicensable license to view and display the UMG Content that is part of, made accessible by or linked to a UMG Digital Collectible that you have purchased or otherwise rightfully acquired from a legitimate source (and not through any of the Prohibited Activities), where proof of such purchase is recorded on the applicable Network (an Owned UMG Digital Collectible”), in the territories designated by us, solely for the following purposes: (i) your own personal, non-commercial use; (ii) for sale or offering for sale in a marketplace that permits the purchase and sale of your Owned UMG Digital Collectible, provided that such marketplace cryptographically verifies each Owned UMG Digital Collectible owner’s rights to display the UMG Content that is part of, made accessible by or linked to such owner’s Owned UMG Digital Collectible to ensure that only the actual owner can display the UMG Content; or (iii) for display on a third-party website or application that permits the inclusion, involvement, or participation of your Owned UMG Digital Collectible, provided that (A) the website/application cryptographically verifies each Owned UMG Digital Collectible owner’s rights to display the UMG Content that is part of, made accessible by or linked to such owner’s Owned UMG Digital Collectible to ensure that only the actual owner can display the UMG Content, (B) the UMG Content is no longer visible once the owner of the Owned UMG Digital Collectible leaves the website/application and (C) such inclusion, involvement, or participation is for non-commercial purposes only (with exception for the purchase and sale of an Owned UMG Digital Collectible). For the avoidance of doubt, you specifically acknowledge and agree that Universal, or its designees, may remove or terminate access to the UMG Content that is part of, made accessible by or linked to the UMG Digital Collectible from the Site or otherwise at any time and for any reason (or no reason).

 

b.                   You understand and agree that: (i) your ownership of a UMG Digital Collectible does not give you any ownership of, or right, title, interest or license in or to any UMG Content (including Universal’s copyright or other intellectual property rights in and to the associated UMG Content, whether now or hereafter created) other than the limited license to you expressly contained in Section 8(a) above; (ii) you do not have the right, except as otherwise expressly provided in these Terms and Conditions, to reproduce, distribute, publicly display, publicly perform, create derivative works of (including creating and minting new Tokens derived from a UMG Digital Collectible), or otherwise commercialize any elements of the UMG Content without Universal’s prior written consent in each case, which consent Universal may withhold in its discretion; and (iii) you will not apply for, register, or otherwise use or attempt to use any of Universal’s Trademarks or service marks, or any confusingly similar marks, anywhere in the world without Universal’s prior written consent in each case, which consent Universal may withhold at its discretion.

 

c.                   For any UMG Digital Collectible, we do not represent, warrant or guarantee that others have not created or downloaded their own copies of the associated UMG Content (including via unauthorized ripping or downloading of such UMG Content), or that others will not attempt to sell their own Tokens featuring or associated with such UMG Content. Universal has no obligation or liability to take down such other Tokens or such UMG Content. Further, the foregoing does not restrict Universal from selling other Tokens or other items associated with or featuring the same UMG Content, event, individual or property as featured in any UMG Digital Collectible (including limited edition or unique UMG Digital Collectibles).

 

9.                   Restrictions.

a.                   You agree that you may not, nor may you permit any third party to do or attempt to do any of the following without Universal’s express prior written consent in each case: (i) modify the UMG Content that is part of, made accessible by or linked to your Owned UMG Digital Collectible in any way, including the shapes, designs, drawings, attributes, or color schemes; (ii) use the UMG Content that is part of, made accessible by or linked to your Owned UMG Digital Collectible to advertise, market, or sell any third-party product or service; (iii) use the UMG Content that is part of, made accessible by or linked to your Owned UMG Digital Collectible in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) use the UMG Content that is part of, made accessible by or linked to your Owned UMG Digital Collectible in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in these Terms and Conditions; (v) sell, distribute for commercial gain (including giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the UMG Content that is part of, made accessible by or linked to your Owned UMG Digital Collectible; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the UMG Content that is part of, made accessible by or linked to your Owned UMG Digital Collectible, or take any action inconsistent with Universal’s ownership interests; (vii) download the UMG Content off of any website that displays such content or otherwise through or in connection with the Site; or (viii) otherwise utilize the UMG Content that is part of, made accessible by or linked to your Owned UMG Digital Collectible for your or any third party’s commercial benefit.

 

b.                   If the UMG Content that is part of, made accessible by or linked to your Owned UMG Digital Collectible contains Third Party IP (e.g., logos, still photos, etc.), you understand and agree as follows: (i) you will not have the right to use such Third Party IP in any way except as incorporated in the UMG Content, and subject to the license and restrictions contained herein; (ii) depending on the nature of the license granted from the owner of the Third Party IP, we may need to (and reserve every right to) pass through additional restrictions on your ability to use the UMG Content; and (iii) to the extent that we inform you of such additional restrictions in writing, you will be responsible for complying with and will comply with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of the foregoing license and of these Terms and Conditions.

 

c.                   The license granted in Section 8(a) above applies only to the extent that you continue to own the applicable Owned UMG Digital Collectible. If at any time you sell, swap, donate, give away, transfer, or otherwise dispose of your Owned UMG Digital Collectible for any reason, the license granted to you above will immediately terminate with respect to that UMG Digital Collectible and associated UMG Content without the requirement of notice, and you will have no further rights in or to the UMG Content that is part of, made accessible by or linked to that UMG Digital Collectible. If you sell or transfer the Owned UMG Digital Collectible to another person in accordance with these Terms and Conditions, this license will transfer to such other owner or holder of the UMG Digital Collectible subject to the terms of Section 10 below. The license restrictions herein will survive the expiration or termination of these Terms and Conditions.

 

10.                Resale of UMG Digital Collectibles. You may not transfer a UMG Digital Collectible off of the Site or engage in subsequent transfers unless the subsequent transferee is notified of and accepts these Terms and Conditions in each case. You are responsible for ensuring that such transferee is notified of and accepts these Terms and Conditions. Any transfer of a UMG Digital Collectible in violation of these Terms and Conditions is null and void. You acknowledge that the sale or transfer of a UMG Digital Collectible may be conditioned on the payment to Universal or a third party of a fee or commission relating to such transaction. Such requirement may be effectuated through the use of smart contracts, the design of the applicable Network, or other means, and the amount of such fee or commission may, among other means, be deducted from a payment (digital currency or otherwise) made to you by the UMG Digital Collectible purchaser or transferee in consideration for such UMG Digital Collectible.

 

11.                Software Downloads. In the event that you receive software demos or other software products downloaded from the Site or otherwise delivered or provided by Universal in response to your request, your use of such software will be subject to the software license agreement that accompanies such software.

 

12.                Orders for Products and Services.

 

a.                   We may make certain products available to visitors and registrants of the Site. For example, you may be able to order certain music-related products or licenses through the Site. You may only do so if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Universal. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or third-party Digital Wallet platform, or their respective agents, you agree to pay all amounts due upon demand and in the currency demanded by us.

 

b.                   Without limiting any other terms of these Terms and Conditions, we may, in our discretion, make available certain physical products free of charge to you if you are an owner of Owned UMG Digital Collectibles (“Additional Items”). We reserve the right to verify your ownership of an Owned UMG Digital Collectible in order to confirm your eligibility to receive Additional Items, including by connecting your Digital Wallet to our Site, scanning your Digital Wallet, assessing any other Qualifications, or reviewing blockchain records or other information. Upon transfer or sale of a Owned UMG Digital Collectible, the former owner will lose eligibility to receive Additional Items after such transfer or sale, and the new owner will not be able to receive Additional Items previously provided in connection with ownership of such Owned UMG Digital Collectible. You must provide a valid U.S. shipping address to receive any Additional Items. Additional Items are selected and provided at the discretion of Universal, though you may have the option to select from a limited range of available products when applicable. Additional Items will be shipped at no additional cost unless otherwise specified on the Site. You will be responsible for paying any taxes and any other expenses incurred, including any income taxes, sales or use taxes, value added taxes, goods and services taxes, or other applicable taxes, with respect to Additional Items. Additional Items are not eligible for return, exchange, or refund unless defective or damaged upon receipt.  Additional Items are provided “as is” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Universal is not responsible for any loss, damage, or injury resulting from the use of Additional Items, except in cases of Universal’s gross negligence or willful misconduct.  We may disqualify any owner of an Owned UMG Digital Collectible from eligibility to receive an Additional Item(s) if such owner is found to be in violation of these Terms and Conditions.  Additional terms on our Site may apply in connection with the Additional Items.

 

13.                Third Party Websites. You may be able to link from the Site to third party websites (“Linked Sites”). For example, you may purchase products, some of which may be Universal products, on or though Linked Sites. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Where we have partnered with other sites to provide access to or embed content from their respective sites, your information may be subject to additional terms. Links to Linked Sites do not constitute an endorsement by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites.

 

14.                DISCLAIMER OF WARRANTIES.

 

a.                   THE SITE, INCLUDING FOR CLARITY, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SITE OR, FOR CLARITY, THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. UNIVERSAL ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR HARM, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT FROM YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

 

b.                   WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, UNIVERSAL AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH UNIVERSAL OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY UNIVERSAL “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND UNIVERSAL OR ITS LICENSOR OR SUPPLIER.

 

c.                  UMG Digital Collectibles are intangible digital assets. They exist only by virtue of the ownership record maintained on the applicable Network. YOU ACKNOWLEDGE AND AGREE THAT UMG DIGITAL COLLECTIBLES ARE NOT AND WILL NOT BE BASED UPON OR REDEEMABLE FOR ANY TANGIBLE OR PHYSICAL ITEM (UNLESS SPECIFICALLY PERMITTED BY UNIVERSAL), AND IN NO CASE MAY BE FRACTIONALIZED, OR CAPABLE OF USE AS AN INVESTMENT, SECURITY OR OTHER FINANCIAL INSTRUMENT OR KNOWINGLY MARKETED OR USED IN ANY OTHER MANNER THAT WOULD CAUSE TRANSACTIONS RELATED TO THESE TERMS AND CONDITIONS TO BE GOVERNED BY ANY APPLICABLE SECURITIES LAWS, INCLUDING THE SECURITIES ACT OF 1933, AND ARE NOT CONVERTIBLE VIRTUAL CURRENCIES. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE APPLICABLE NETWORK. WE DO NOT GUARANTEE THAT UNIVERSAL OR ANY AFFILIATE OF UNIVERSAL CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY UMG DIGITAL COLLECTIBLES. WHILE UNIVERSAL ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, UMG CONTENT, ANY UMG DIGITAL COLLECTIBLES LISTED ON THE SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNIVERSAL WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE SITE, INCLUDING ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS, KEYS OR CREDENTIALS, OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED DIGITAL WALLET FILES; OR (IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR ANY DIGITAL WALLET. WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE APPLICABLE NETWORK OR ANY DIGITAL WALLET, INCLUDING LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING SUCH APPLICABLE NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

 

d.                You acknowledge and agree that the characterization and regulatory scheme governing Tokens, cryptocurrencies, and blockchain technology is uncertain and continually evolving, and is accompanied by inherent risks, including risks related to faulty or insufficient hardware, software, or internet connections; introduction or intrusion of malicious code or software; hacking or unauthorized access to your Digital Wallet or information stored therein, or of theft or diversion of funds therefrom; volatility and unstable or unfavorable exchange rates; and the risk of unfavorable regulatory intervention or tax treatment in relation to transaction in cryptocurrency. You further acknowledge and agree that digital assets are highly experimental, risky, and volatile, and your use of the Site to purchase digital assets may carry substantial financial risk, including the risk of loss in trading digital assets. By using the Site, you represent that you have sufficient knowledge, sophistication, and experience with respect to Tokens, cryptocurrency, and blockchain technology, to make your own evaluation of the merits and risks of any transaction conducted via the Site or any digital asset associated with such transaction. Under no circumstances will the operation of all or any portion of the Site by Universal be deemed to create a relationship that includes the provision or tendering of investment advice.

 

15.             LIMITATION OF LIABILITY. IN NO EVENT SHALL UNIVERSAL OR ANY OF ITS PROTECTED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO UNIVERSAL FOR YOUR USE OF THE SITE.

 

16.             Applicable Laws. We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

17.             Modifications to the Site and the Services. We reserve the right, for any reason, in our discretion, to terminate, change, suspend or discontinue any aspect of the Site, including content, features or hours of availability. We may also impose limits on certain features of the Site or restrict or terminate your access to part or all of the Site without notice or penalty. Universal reserves the right to temporarily or permanently restrict or terminate your access to or membership in the Site or any services offered by the Site for any or no reason without prior notice.

 

18.             Notices and Contact Information. All notices required or permitted to be given under these Terms and Conditions must be in writing and shall be given by personal delivery, registered or certified mail, or Federal Express or other nationally recognized courier service which regularly tracks its packages, to:

 

UMG Recordings, Inc. 2220 Colorado Ave, Santa Monica, CA 90404

Attn: Litigation Counsel, Business & Legal Affairs

 

Notices, if personally delivered, shall be deemed to have been received on the date of delivery; if by registered or certified mail, on the third business day after mailing; if by Federal Express, on the second business day after deposit with the service.

 

If you have any questions, comments or complaints regarding the Site, feel free to contact us as described in our Privacy Policy.

 

19.             Miscellaneous.

 

a.                Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.

 

b.                For purposes of these Terms and Conditions: (i) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (ii) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to these Terms and Conditions as a whole; (iii) the word “or” has the inclusive meaning represented by the phrase “and/or”; and (iv) the word “discretion” will be deemed preceded by “sole and absolute.”

 

c.                  These Terms and Conditions contains the entire agreement by and among you and Universal related to the subject matter hereof and supersedes any prior agreements, statements, representations, promises or warranties (written or oral) between you and Universal, including any that may have been based on alleged false or implied promises or misrepresentations, which prior agreements, statements, representations, promises and warranties you may no longer rely upon for any purpose upon your acceptance of these Terms and Conditions.

 

20.             Dispute Resolution.

 

a.                PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

 

b.                You and Universal agree to arbitrate all disputes between you and Universal or its affiliates, except for disputes relating to the enforcement of Universal’s or its affiliates intellectual property. These Terms and Conditions are solely governed by and construed in accordance with the laws of the State of New York, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction. Any disputes between you and Universal relating to the Site must be resolved exclusively through binding non-appearance-based arbitration administered by JAMS. In the event of a dispute, you or Universal must send to the other party a notice of dispute, in writing, setting forth the name, address and contact information of the party giving notice, the facts of the dispute and relief requested. You may initiate proceedings by sending us a Notice of Legal Dispute, to the address listed in the “Notices and Contact Information” above. We will send any notice of dispute to you at the contact information we have for you.

 

c.                 You and Universal agree to try to attempt to resolve a dispute through informal negotiation upon notice of a dispute for a period of 60 days. If you and Universal do not resolve the dispute in such 60 day time period, then you or Universal may commence arbitration. You and Universal agree that a dispute will be heard before a single neutral arbitrator, whose decision will be final, except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JUDGE OR JURY. The arbitration proceedings shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures and Expedited Procedures, or JAMS’ Streamlined Arbitration Rules and Procedures, at the election of the party initiating the arbitration. Information regarding these rules—and other rules that shall apply at the election of the responding party in light of the nature and number of claims, including, e.g., the JAMS Mass Arbitration Procedures and Guidelines—can be found on the JAMS website at www.jamsadr.org. In addition, you and Universal agree that the following rules shall apply to the arbitration proceedings: (i) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.

 

d.                To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED, ONLY ON AN INDIVIDUAL BASIS.  YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR OTHER COLLECTIVE ACTION. NEITHER YOU NOR UNIVERSAL WILL SEEK TO HAVE ANY DISPUTE HEARD AS, OR TO PARTICIPATE IN, ANY CLASS, REPRESENTATIVE, OR OTHER COLLECTIVE PROCEEDING NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS. Notwithstanding anything else in this agreement to arbitrate, either party may ask a court to determine whether the other party has violated this prohibition on class, representative, and other collective proceedings, and may seek an order to enforce the terms of this prohibition.  To the fullest extent allowed by applicable law, and except for public injunctive relief, the arbitrator may only award legal or equitable remedies that are individual to you or Universal to satisfy an individual claim. In no event shall any claim, action or proceeding by you related in any way to the Site be instituted more than one (1) year after the cause of action arose.

 

e.                 You can decline this agreement to arbitrate by contacting us at privacy@universalmusic.com within thirty (30) days of first registering your account or agreeing to these Terms and Conditions and stating your desire to opt-out. However, if you agreed to a previous version of these Terms and Conditions that allowed you to opt out of arbitration, your previous choice to opt out or not opt out remains binding.

 

f.                 If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the Federal and State courts located in New York County, New York, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action.  Except as otherwise provided in this Section 20, if a claim does not proceed in arbitration, the class action waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals in a single proceeding, except that you and Universal may participate in a class-wide, collective, and/or representative settlement of claims.

 

g.                The enforceability of these the terms of this Section 20 will be substantively and procedurally governed by the Federal Arbitration Act, to the extent permitted by law.

 

 

 

Last Updated September 27, 2024