WARNER MUSIC UK LIMITED - TERMS AND CONDITIONS

• Who We Are
• General Terms and Conditions of Use
• Registration and Passwords
• Online Store
• Content Provided by You
• Blogs, Forums, Message Boards
• Competitions
• Listings and Ticketing
• Miscellaneous
• Contacting Us

Who We Are

Company Details

Warner Music UK Limited (a subsidiary of Warner Music Group Corp.)
Seventh Floor
90 High Holborn
LONDON
WC1V 6XX
Registered number: 00680511

Contact address:
28A Kensington Church Street
London
W8 4EP

General Terms and Conditions of Use

Please read these Terms and Conditions carefully.

These Terms and Conditions govern your relationship with Warner Music UK Limited ("Warner", "we", "our", "us") when you use our online or wireless services (the "Services"), including the services on this website (the "Site"). Unless otherwise stated, the services available on this Site are provided to you by Warner.

By accessing or using this Site, you accept and agree to these Terms and Conditions (which include our Privacy Policy) and you agree that your use of this Site, including any transaction you make, is subject to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, you may not use this Site.

If you have any questions about these Terms and Conditions please contact us at the following address:

Business Affairs
Warner Music UK Limited
The Warner Building
28a Kensington Church Street
London
W8 4EP

Changes to these Terms and Conditions

We may make changes to these Terms and Conditions from time to time, which will be effective when posted on this Site. We may not notify you directly/personally of changes to the Terms and Conditions and so we encourage you to check the Site regularly for any updates. Your continued use of this Site following the posting of changes will mean you accept those changes.

Site Content

The Services, this Site and all material on this Site, including, but not limited to, text, graphics, photos, logos, button icons, images, music, audio and audio visual clips, digital downloads, databases, data compilations, data and software ("Content") are owned, controlled by or licensed to Warner, its affiliates, licensors and/or licensees. All rights in the Content are the sole and exclusive property of Warner or such affiliates, licensors and/or licensees.

Unless otherwise expressly specified, this Site, the Services and Content are for your sole personal and non-commercial use only and you may not copy (including by burning to physical media and by so called 'stream ripping'), transfer or make available for transfer to any other device (including to a personal portable device, memory stick or other data storage device) or to any other person, or otherwise reproduce or modify any part of the Site, the Services, the Content or their source HTML code in any form or by any means (electronic, mechanical or otherwise).

Objectionable Material

We do our best to filter unwanted material, but whilst using the Services you may encounter Content that you find objectionable or offensive, which may or may not be identified as being of an explicit nature. You agree to use the Services at your own risk and we will have no liability to you for such Content. If you find any Content objectionable or offensive, please contact us, using the address set out above under the heading General Terms and Conditions of Use.

Age Requirements

Unless otherwise stated on this Site, the Services are available only for people aged 18 or older.

System Requirements

The Services require a compatible device, internet or mobile access and (in some cases) particular software. These system requirements and any applicable fees are your responsibility. Please note that the Services may be affected by the performance of your hardware, software and internet access.

Your Use of our Site

You may not:

• restrict or inhibit any other user from using and enjoying this Site or the Services;
• act in any way that would damage, disable, overburden, or impair this Site or the Services or constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability;
• upload, post or transmit to, or distribute or otherwise publish through, this Site any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact, or any material that is indecent, defamatory or use of which may be in breach of any third party's rights;
• impersonate any person or entity or misrepresent your affiliation with any other person or entity;
• exploit any information or other material obtained on or through this Site for commercial purposes;
• engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping", or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using Warner cookies for purposes which are unrelated to the Services);
• attempt to gain unauthorised access to other computer systems through this Site;
• obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site; or
• reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of or access to this Site or the Services.

Your Use of our Software

Software used to provide the Services ("Software") is owned by or licensed to us or our software suppliers. All rights in the Software are the sole and exclusive property of Warner or our suppliers. You may use the Software only for the purpose of using the Services in accordance with these Terms and Conditions and you acquire no other rights in the Software of any sort. In particular, but without limiting the foregoing, you may not:

• use the Software to transmit User Content to anyone other than Warner (for further information see Content Provided by you);
• use the Software to transmit any content other than the User Content to Warner or to anyone else;
• sell or otherwise distribute any part of the Software;
• modify, adapt, translate or reverse engineer any part of the Software;
• attempt to breach any security mechanisms or to access, tamper with or use any parts of the Software to which access is not authorised;
• use the Software for any illegal, unlawful, harassing, abusive or fraudulent purpose; or
• use the Software for any commercial purpose.

Termination

We may, in our sole discretion, terminate your password, account (or any part thereof) or use of this Site without notice if you are in breach of these Terms and Conditions or if we believe in our absolute discretion that your User Content or your use of the Service or the Software is unsuitable.

Termination, suspension or cancellation of your access rights shall not affect any other right or relief to which we may be entitled, at law or in equity.

Upon termination, all rights granted to you under these Terms and Conditions will automatically terminate and immediately revert to us and our licensors (save for any continuing rights which you may have in connection with products which you have purchased from this Site).

Registration and Passwords

If a particular Service requires you to register with the Site or set up an account, you will need to complete a registration process by providing certain information (including your name, email address and, in some cases, payment details) and registering a username and password for use in connection with that Service. You agree that you will provide truthful and accurate information when registering or opening an account. The decision to register a password is in our discretion and we may revoke your password at any time.

You are responsible for maintaining the confidentiality of the password and your account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of this Site by you or any person or entity using your password, whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent.

You must immediately notify us of any unauthorised use of your password or account or any other breach of security.

We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms and Conditions. You may not use another person's account at any time without the express permission of the account holder.

Please see our Privacy Policy for further explanation as to how we use the information we collect from you.

Online Store

In addition to providing retail services for books, DVDs and other audio visual carriers, the online store may provide some or all of the following Services:

• download services for music, videos and other Content such as wallpaper, screensavers and logos; and
• streaming services designed to enable you to preview and/or listen to and/or watch music and videos online.

You may be required to install third party software to access some or all of these Services. Terms and conditions provided by the software supplier may apply to your use of the software.

All products purchased via the Site are for your personal and non-commercial use only. We do not warrant the availability of any product featured on the Site and we may withdraw products from the Site at any time.

Making an Order

To order a product, click the 'Add' icon on screen. This will add the item to your 'shopping basket'. You can remove items from your basket at any time by clicking the (x) icon. When you are ready to purchase, view your shopping basket and click the 'proceed' icon. You will be asked to provide information, including your billing and delivery addresses and your payment card details. After you click 'proceed' again you will be shown a summary of your order. Please check carefully that the order details are correct. Once you click "submit order" your payment card details will be submitted to our payment services provider.

Your order represents an offer to us to purchase an item which will only become binding on acceptance by us as follows (i) by us sending you an email or other written communication confirming acceptance or that the ordered product is available; or, if earlier, (ii) by us delivering the product to you. Please note that you may receive an automatic email confirming your order. This does not amount to acceptance, unless otherwise expressly stated. We may reject your order for any reason prior to acceptance. If we reject your order after payment has already been taken, we will provide you with a refund.

Payment

We can accept only payment by the methods shown on Site at the time you place your order. Prices appear on the Site and are inclusive of VAT unless otherwise stated. We may change the prices at any time by posting new prices on the Site.

By paying using your credit or debit card you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges. The purchase will appear on your credit card or bank statement under one of the following merchant names: Comedybox, Warner Music International.

Payment Security

We use encryption technologies to protect the security of your payment details and log in information whilst we process your order.

Cancellation

You may cancel your order for a product at any time until seven working days after receipt by emailing us at the following address: info@comedybox.tv. If you cancel your order, you must return the product to us at your cost at the address we specify to you following cancellation, unused, and in its original state, in which case we will refund the purchase price. You may not cancel an order for audio or video recordings or software after those products have been unsealed.

You may not cancel an order for tickets so please be aware that all tickets are non-returnable and non-refundable.

If a product is unavailable or the event for which you order tickets is cancelled, we will contact you using the information you have provided to us and issue you a refund.

Technical Problems

Occasionally, technical problems may delay or prevent delivery of a purchased product. In those circumstances, your sole remedy will be either a replacement product or a refund, as determined by us. Your statutory rights are not affected.

We will not be liable to you for failures, defects or delays in delivery caused by:

• Your provision of incorrect information;
• Your computer failing to meet the minimum technical requirements for the Service;
• Your failure to comply with instructions for use of the Service; or
• An event which is outside of our reasonable control.

Mobile and Other Third Party Stores

The Mobile section of the Site may allow you to purchase various mobile products, including ring tones. Those mobile products are provided via a third party content supplier. When you buy a product from that supplier, or any other third party content supplier, via a link from our Site, you may be contracting directly with that supplier, in which case you will be subject to the terms and conditions as notified to you by the relevant third party in respect of your dealings with them. You will remain bound by these Terms and Conditions to the extent that they are applicable.

Content Provided by You

Some Services may allow you to upload or otherwise provide content to us, including by using the "Upload Movie" Service, by posting comments on message forums, and by rating Content.

All content that you provide, including but not limited to any and all text, graphics, photos, images, music, audio and audio visual material, software and all information accompanying the same is referred to in these Terms and Conditions as "User Content".

By uploading, sending or otherwise making available User Content to us, unless we agree other terms with you in writing that expressly state that these Terms and Conditions shall not apply, you are authorising us, and granting us a royalty-free, non-exclusive licence to exploit the User Content in order to:

• host the User Content on our servers;
• index the User Content; and
• modify, display, reproduce, make available, distribute and otherwise to communicate the User Content to the public, in whole or in part throughout the world

on the Site and in connection with the Services and with other Warner or Warner Music Group products and services now existing or developed in future. If you would like us to remove any of your User Content from the Site, please notify us at the address set out under the heading General Terms and Conditions of Use and we will do our best to remove the User Content within five working days of receiving your notice. The licence granted by you to us in respect of your User Content will terminate when such User Content is removed from our Site.

We may incorporate links in and around your User Content and display advertisements within, around or in connection with your User Content. As between you and us, you will retain ownership of your User Content at all times.

We are not required to make available or otherwise exploit any User Content uploaded or otherwise provided to us. We are not responsible for any loss, theft, rights infringement or damage of any kind to the User Content and you take sole responsibility for the User Content that you provide to us.

You warrant that you will not provide or transmit via the Services any User Content that:

• is offensive or promotes racism, hatred or physical harm of any kind against any group or individual;
• harasses or promotes or enables harassment of another person;
• involves, promotes, enables or facilitates the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
• comprises or promotes information that you know to be false or misleading;
• involves, promotes, enables or facilitates illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
• infringes any rights of any third party (such as but not limited to images of well known characters, pictures, music, commercial recordings) or which results in the disclosure of personal information of a third party or the confidential information of any person;
• comprises, promotes, enables or facilitates an illegal or unauthorised copy of another person's copyrighted work, such as, but not limited to, providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• comprises, promotes, enables or facilitates access to material that exploits people in a sexual or violent manner, or solicits personal information from anyone under the age of 16;
• comprises, promotes, enables or facilitates access to instructional information about illegal activities such as, but not limited to, making or buying illegal weapons, breaching someone's privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
• involves, promotes, enables or facilitates commercial activities and/or sales without our prior written consent such as auctions, contests, sweepstakes, barter, advertising, or pyramid schemes.

You are solely responsible for ensuring that you hold and will continue to hold all of the rights that you need to have in order to transmit User Content to us and to grant to us the rights granted in these Terms and Conditions.

By providing User Content to us, you agree that:

• you are at least 18 years of age; and
• all of the information provided by you is correct and current.

You also agree that the User Content and the rights and licences granted to us under these Terms and Conditions do not and will not violate any applicable law, statute or regulation and do not and will not breach any duty toward or rights of any person or entity including, without limitation, intellectual property rights, publicity or privacy, or rights or duties under consumer protection, product liability, tort or contract theories.

You acknowledge and accept that we have the right but not the obligation to monitor and to moderate your User Content provided to us and that we have the right to remove, edit and suspend any User Content that we consider in our absolute discretion to be inappropriate and in appropriate cases to provide copies of your User Content to the appropriate authorities. You also accept, however, that we have no obligation to monitor or moderate any of your User Content and our right to do so should not in any respect be regarded as a substitute for your obligations under these Terms and Conditions.

Blogs, Forums, Message Boards

You will need to register with the Site to use any blogs, forums or message boards.

For the purposes of these Terms and Conditions, messages posted on the Site are treated as User Content and are subject to the applicable rules set out in these Terms and Conditions.

Although we will attempt to keep all objectionable messages off the Site, it is impossible for us to review all messages.

Messages posted express only the views of the author and Warner is not responsible for the content of any message.

We may remove, move, edit or close any blog, message or thread for any reason.

We advise you to consider carefully before posting your contact or other personal details on the Site.

Competitions

We may from time to time promote competitions on the Site. The terms and conditions applicable to any competition will be posted separately on the Site at the relevant time and will form part of these Terms and Conditions.

Listings and Ticketing

We endeavour to provide accurate information about all shows listed, but are dependant on outside sources. Changes and cancellations to listings may occur without notice so please check with the venue for up to date details.

Miscellaneous

Disclaimer

Through this Site, you will be provided with services that may include information, editorial content, links to other web sites and other services and content that Warner may decide to offer, subject to the terms hereof. Warner may, in its sole discretion, discontinue or alter all or any aspect of the Site or Services, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Services for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating your right to use all or part of the Services, at any time in our sole discretion and without prior notice or liability.

Warner intends to provide as part of the Services the most current information available and Warner will make reasonable efforts to ensure that the information is updated on a regular basis. However, we make no guarantee whatsoever that the information posted is accurate or timely.

The Site provides links to web sites maintained by third parties ("Third Party Sites") and we may from time to time provide third party materials on this Site. Neither Warner, its parent or subsidiary companies nor their respective affiliates or suppliers operate or control in any respect any information, products or services on these third party sites. THE SERVICES, MATERIALS AND PRODUCTS AVAILABLE ON OR THROUGH THIS SITE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND, SAVE TO THE EXTENT PROHIBITED BY APPLIABLE LAW, (I) WARNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; (II) WARNER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THIS SITE GENERALLY, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (III) WARNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THIS SITE OR IN THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION, IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE.

You assume all risk of errors and/or omissions in this Site, including the transmission or translation of information.

You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of this Site, including the information offered by you, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information, provided hereunder.

You acknowledge and agree that your use of this Site, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorised parties.

You assume responsibility for the entire cost of all maintenance, repair or correction to your computer system or other property.

Limitation of Liability

IN NO EVENT SHALL WARNER OR ANY OTHER WARNER MUSIC GROUP COMPANY OR ANY OF OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSSES OR FOR EXEMPLARY DAMAGES OR FOR ANY DIRECT OR INDIRECT LOSS OF PROFITS, GOODWILL, USE OR DATA, INCLUDING WITHOUT LIMITATION ANY SUCH LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS SITE AND/OR THE PRODUCTS AND SERVICES MADE AVAILABLE VIA THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF WE OR ANY WARNER MUSIC GROUP COMPANY OR ANY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY LOSSES, DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF ANY SERVICE OR INFORMATION ON OR CONNECTED WITH THE SITE.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES. IF THIS APPLIES IN YOUR JURISDICTION, THE RELEVANT EXCLUSIONS AND/OR LIMITATIONS WILL NOT APPLY AND THE ABOVE SECTIONS SHALL BE DEEMED AMENDED SOLELY TO THE EXTENT NECESSARY TO DISAPPLY THOSE EXCLUSIONS AND/OR LIMITATIONS. NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OF WARNER OR FOR FRAUDULENT MISREPRESENTATION.

Indemnity

You agree to defend, indemnify and hold harmless Warner and all Warner Music Group companies and their respective directors, officers, employees and agents, as well as their licensors and suppliers (the "Indemnified Parties"), from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of:

• any misrepresentation, act or omission made by you in connection with your use of this Site;
• any non-compliance by you with these Terms and Conditions; or
• claims brought by third parties arising from or related to your access or use of this Site, including without limitation any claims relating to User Content.

Miscellaneous

By signing up to become a registered user of Comedybox you are agreeing to receive information, in the form of weekly newsletters or monthly emails, about Comedybox and the Warner Music Group.

You acknowledge and agree that the warranties, disclaimers and limitations in these Terms and Conditions are material terms and that they have been taken into account in the decision by Warner to provide this Site and Services hereunder.

You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of Warner. Any such assignment shall be invalid without such consent.

You agree that you will, at our request, perform all acts and execute all documents as may be required to give effect to these Terms and Conditions.

If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions, shall be enforced to the fullest extent allowed by law so as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions.

These Terms and Conditions and any posted operating rules constitute our entire agreement with you with respect to your use of the Site and the Services, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between us with respect to such use.

The rights and remedies provided in these Terms and Conditions are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.

No failure or delay by either of us in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver of that right, power or privilege and no single or partial exercise by either you or Warner of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.

No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party.

The headings used in these Terms and Conditions are used for convenience only and are not to be considered in construing or interpreting these Terms and Conditions.

Neither of us intends that any term of these Terms and Conditions shall be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to these Terms except any of the Indemnified Parties.

Nothing in these Terms and Conditions shall be construed as constituting a partnership or joint venture between you and Warner and neither of us shall be or hold itself out to be the agent of the other.

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. You hereby agree to the non-exclusive jurisdiction of the Courts of England and Wales regarding any and all disputes relating to or arising from these terms and conditions or your use of this Site or the Services.

Contacting Us

If you have any queries about these Terms and Conditions, this Site or any of our Services please contact us at the address using the address set out above under the heading General Terms and Conditions of Use.

© Warner Music UK Limited 2007