Terms and conditions

TERMS AND CONDITIONS

Introduction

Welcome to Gorillaz.com. Gorillaz.com may be accessed through the Internet and through WAP services provided by certain mobile network providers. By accessing or using the Gorillaz.com, you signify that you have read the following terms and conditions (the ’Terms of Service’) and accept and agree to be bound by them, whether or not you register with Gorillaz.com. Where applicable under law, these Terms constitute a ’writing signed by you.’

Changes to Gorillaz.com and the Terms of Service

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and we may send registered users an email notifying you of the change. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL STOP USING GORILLAZ.ZOM. YOUR CONTINUED USE OF GORILLAZ.COM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE OR RECEIVING OUR EMAIL NOTIFYING YOU OF THE CHANGE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

Eligibility and Registration

You must be 13 years or older to register for Gorillaz.com. By registering you represent and warrant that you are 13 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a Gorillaz.com member (’Member’), and also maintain the accuracy of this information. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

Member Conduct and Appropriate Content

Gorillaz.com is made available for your personal, non-commercial use only. You may not use the website for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, links and other content (’Materials’) that you submit, post, and display on Gorillaz.com.

We may, but shall have no obligation to, remove or limit access to Materials originating from any Gorillaz.com user that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does Gorillaz.com have any obligation to check the accuracy or truthfulness of any Materials, nor to monitor any Member’s use of Gorillaz.com.

Gorillaz.com reserves the right to deactivate user accounts and user names at any given time.

Conditions For Use

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through Gorillaz.com. By way of example, and not as a limitation, you agree NOT to:

Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.

Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.

Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members.

Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.

Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by Gorillaz.com.

Create a false or misleading identity or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.

Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Use Gorillaz.com in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.

Attempt to gain unauthorized access to Gorillaz.com, other accounts, computer systems or networks connected to Gorillaz.com, through password mining or any other means.

Modify, adapt, translate, or reverse engineer any portion of Gorillaz.com, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Bebo Service, except as expressly authorized by Gorilla.com.

Reformat or frame any portion of the web pages that are part of Gorillaz.com.

Upload, post or disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.

Remove any copyright, trademark or other proprietary rights notices contained in or on Gorillaz.com.

Interfere with another Member's use and enjoyment of Gorillaz.com

Harvest or collect email addresses or other contact information of Members, including usernames, from Gorillaz.com by electronic or other means.

Proprietary Rights

Gorillaz.com does not claim any ownership rights in any Materials that you submit, post, or display on or through Gorillaz.com. After submitting, posting or displaying Materials on or through Gorillaz.com, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through Gorillaz.com, you hereby grant to Gorillaz and its agents and assigns a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely in connection with Gorillaz.com or the promotion thereof.

The license you grant to Gorillaz.com is non-exclusive (meaning you are free to license your Materials to anyone else in), fully-paid and royalty-free (meaning that Gorillaz.com is not required to pay you for the use on Gorillaz.com of the Materials that you post), sub licensable (so that Gorillaz.com is able to use its affiliates and subcontractors such as Internet and WAP content delivery networks to provide the Gorillaz.com), and worldwide (because the Internet and Gorillaz.com are global in reach). This license will terminate at the time you remove your Materials from Gorillaz.com. The license does not grant Gorillaz.com the right to sell your Materials You represent and warrant that: (i) you own the Materials posted by you on or through Gorillaz.com or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through Gorillaz.com does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through Gorillaz.com.

Gorillaz.com its affiliates and licensors own and retain all rights in the Web site and, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the Gorillaz.com by Gorillaz Partnership. Except as expressly authorized by Gorillaz.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Gorillaz.com proprietary information. Gorillaz partnership is the owner of Gorillaz.com marks, among others.

Privacy & Personal Information

We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. Click here to review the Gorillaz.com Privacy Policy.

Information collected in connection with your use of Gorillaz.com may be processed and stored in the United Kingdom, or other countries where Gorillaz Partnership or its parent, affiliates, subsidiaries or service providers maintain facilities. If you live outside the United Kingdom and use Gorillaz.com, you expressly consent to the transfer to the United Kind of the personal information you provide Gorillaz.com, or such other countries as we may disclose from time to time. Additionally, you agree that we may use your Gorillaz.com user name to authenticate you on any service provided by Gorillaz.com or its affiliates.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Gorillaz.com respects the intellectual property rights of others and reserves the right to terminate any user's access to the Gorillaz.com according to these terms of use if Gorillaz partmership is notified that such user's activities infringe the rights of third parties on more than one occasion. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notification (Notice) with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (x) below:

(i) statement that you have identified material on Gorillaz.com which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); (ii) a description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a photo) and any relevant further details (such as the title and date of publication, as applicable); (iii) the country or countries to which your copyright applies; (iv) a description of the way in which the copyright material has been infringed; (v) a description of where the material that you claim is infringing is located on the Gorillaz.com (including a URL and/or screen shot); (vi) your address, telephone number, and email address so that we may get in contact with you; (vii) the contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint; (viii) a statement by you that you have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; (ix) a statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf and (x) an electronic or physical signature (which may be a scanned copy) of the copyright owner.

Once you have completed the Notice, having included all of the information set out above, please send it to:

By mail:

Gorillaz Partnership, Studio 2.6, Shepherds Building, Richmond Way, London W14 0DQ

By e-mail: contactus@gorillaz.com

Copyright Counter Notice

If you believe that any material that you have uploaded on to Gorillaz.com has been removed in error, or that the content in question does not infringe the copyright of any third party, you may file a counter-notice (' Counter-Notice') with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (iv) below:

(i) specific details of the material that has been removed or to which Gorillaz.com has disabled access and the accompanying location of such material; (ii) your name, address, telephone number, email address and a statement that you will accept service from the person (or an authorized representative of such person) who provided Gorillaz.com with the complaint in question; (iii) a statement by you that you believe (acting in good faith) that the material identified above was removed as a result of a mistake or incorrect identification of the material to be removed and (iv) an electronic or physical copy of your signature (which may be a scanned copy).

Once you have completed the Counter-Notice, having included all of the information set out above, please send it to:

By mail:

Gorillaz Partnership, Studio 2.6, Shepherds Building, Richmond Way, London W14 0DQ

By e-mail: contactus@gorillaz.com

Internet/WAP Access

Gorillaz.com shall not be responsible for any connection or access to Gorillaz.com by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access Gorillaz.com via the Internet or WAP service, and the Internet/WAP access charges thereon. You recognize that Gorillaz Partnership shall not be responsible for any reduced functionality resulting from, or in connection with, your use of the Gorillaz.com via WAP.

Termination of Gorillaz.com membership

These Terms of Service will apply to your use of Gorillaz.com. At any time, you can terminate your account which will remove your profile and other personal information from view. To cancel your account click here. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Gorillaz.com. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

Gorillaz.com may also, in its sole discretion and at any time, discontinue temporarily or permanently providing Gorillaz.com, or any part thereof, with or without notice. You agree that any termination of access to Gorillaz.com under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that Gorillaz.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or Gorillaz.com. Where possible, Gorillaz.com will use reasonable efforts to give Members fair notice of termination or suspension of their access to Gorillaz.com. Further you agree that Gorillaz Partnership shall not be liable to you or any third party for any termination or suspension of access to Gorillaz.com or modification of Gorillaz.com

Third Party Sites

Gorillaz.com may include links to third party websites, including links provided as automated search results; links to certain related products or services; and sites operated by professional content creators in connection with Gorillaz.com. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services, and Gorillaz may, in its sole discretion, remove such links. We are not responsible or liable for any content, the products or services, or other materials on these third party sites.

Disclaimer of Warranties

Gorillaz Partnmership and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents (collectively, 'Gorillaz and its Affiliates') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information, content or Materials displayed on Gorillaz.com.

Gorillaz Partnership and its Affiliates further expressly disclaims (1) that Gorillaz.com will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that Gorillaz.com or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of Gorillaz.com or the content made available as part of Gorillaz.com will be correct, accurate, timely, or otherwise reliable.

Gorillaz Partnership and its Affiliates expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of Gorillaz.com input by other Members is correct or accurate.

GORILLAZ.COM, ON BEHALF OF ITSELF, AND ITS LICENSEES, PROVIDES THE WEBSITE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH GORILLAZ.COM), PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. GORILLAZ PARTNERSHIP EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.

YOU AGREE THAT YOUR USE OF GORILLAZ.COM IS ENTIRELY AT YOUR OWN RISK.

Gorillaz Partnership may provide you with notices regarding Gorillaz.com or these Terms of Gorillaz.com by regular mail, email, or postings to this Web site.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of Gorillaz.com.

Gorillaz Partneship reserves the right to take any legal or technical remedies to prevent the violation of these Terms and to protect Gorillaz.com, Gorillaz.com users, and the rights and property of Gorillaz Partnership and its affiliates.

PRIVACY

Our Commitment to You

Welcome to Gorillaz.com. Gorillaz Partnership and its employees take your privacy very seriously. To make it easier for you to read and understand our privacy policy, we’ve written it in plain language and tried to keep it to a reasonably short length.

The key points of our privacy policy are:

•We give you choices about the personally identifiable information you share with Gorillaz.com and other Gorillaz.com users.

•You can end your membership at any time.

•We only disclose information from which you may be personally identifiable to selected third parties in accordance with this privacy policy.

•Gorillaz.com does not spam.

•By participating in the Gorillaz.com community, you agree to this privacy policy.

Information Collected On Gorillaz.com

We collect the following types of information about you when you use Gorillaz.com:

•Information provided by you. We collect personally identifiable information, such as your name and email address, when you register to become a Gorillaz.com member. This information is needed to set up your personal profile. As part of your personal profile, you may choose to submit or incorporate additional information, such as photos.

•Information collected automatically. Gorillaz.com receives and stores information which is transmitted automatically from your computer when you use Gorillaz.com. This information includes information from cookies (which are described below), your IP address and browser type. Your IP address is the unique address of your computer which is automatically provided to other computers when your web browser or email application requests a web page or email from those computers on the Internet. We also collect information about how you use Gorillaz.com, including information about the features you use and where you go on the Service.

Use and Disclosure of Information

We use this information in order to operate Gorillaz.com and improve your experience:

•We will display your personally identifiable information on your profile according to the preferences you set. We will use your username so that you are recognisable on our database and so that we can personalize your experience. We will use your email address to contact you from time to time and may also use it for security reasons to confirm that you are who you say you are. You can control the types and frequencies of certain emails you receive in your email preferences.

•We may use the information collected automatically, such as your IP address, information stored via cookies, and information about how you use Gorillaz.com to develop statistics and aggregate information about the number of people who visit Gorillaz.com and to customise Gorillaz.com content, layout and services. We may share this information with third parties to help us improve Gorillaz.com and better serve our users.

•We may provide your personally identifiable information and the data generated by cookies and the aggregate information to the vendors and service agencies that we may engage to assist us in providing our services to you. Such third party entities will be obligated to use your personally identifiable information solely to provide the services to us.

•Personally identifiable information about you as a Gorillaz.co user, including the contents of your online communications, may be accessed or disclosed in response to legal process (for example, a court order, search warrant or subpoena); in other circumstances in which Gorillaz believes Gorillaz.com is being used in the commission of a crime; when we have a good faith belief that there is an emergency that poses a threat to the safety of you or another person; or when necessary either to protect the rights or property of Gorillaz and its affiliates, or for us to render the service you have requested.

•Personally identifiable information collected in connection with your use of the Gorillaz.com may be stored in the United Kingdom, or other countries where Gorillaz or its parent, affiliates, subsidiaries or service providers maintain facilities. By using Gorillaz.com, you expressly agree to the transfer to the United Kingdom and elsewhere of the personally identifiable information you provide Gorillaz. By publicly posting information on Gorillaz.com, you also certify that your posting conforms with all local data protection laws.

•We reserve the right to transfer your personally identifiable information in the event of a transfer of ownership of Gorillaz.com, such as acquisition by or merger with another company. If an acquiring company should plan to materially change this privacy policy, we will notify you beforehand.

Tell-A-Friend

If you choose to use our referral service to tell a friend about Gorillaz.com, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit Gorillaz.com. Gorillaz.com stores and only uses this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

Your friend may submit a request that we remove this information from our database via the Contact Us; remove requests of this nature will be completed within 60 days.

Collection of Information On Other Sites

This privacy statement applies only to information collected by Gorillaz.com.

Gorillaz.com contains links to other sites and services that are not owned or controlled by Gorillaz, including Gorillaz affiliates (e.g. All Access Today). Please be aware that these sites have their own privacy policies and that Gorillaz.com is not responsible for their privacy practices. We therefore encourage you to read the privacy statements of each and every site that collects personally identifiable information.

"Masking" is a function of using programming techniques such that the displayed URL does not match the actual pages being viewed (e.g. user is on www.xyz.com, but the URL displayed is www.abc.com). In certain circumstances, Gorillaz.com may use Masking and, although it will appear that you are still on Gorillaz.com, you may be on a different site. For example, when you create a widget or when you upload a video, you may be transferred to a third party’s site and the privacy policy of the applicable third party site applies.

Cookies

•Cookies are a common Internet technology. Many web sites use cookies to provide useful features for their users. Cookies are small files that are written or downloaded to your computers hard drive when you access a site. They allow Gorillaz.com to store and quickly retrieve login information on your computer and provide data that we can use to improve the quality of our service. Most Internet browsers (such as Internet Explorer and Safari) are initially set up to accept cookies. If you prefer, you can set your browser to refuse cookies, although you may not be able to take full advantage of Gorillaz.com if you do so. You can disable cookies by going to Tools on your top menu bar. This will bring up the "Internet Options" dialogue box. On the top of the dialogue box, click on "Privacy". This will bring up the "Settings" box. Scroll up using the slide bar on the left-hand side of the box, until the wording in the box states Block All Cookies. Then click on the "OK" button on the bottom of the menu box. If you follow these instructions, your computer will not accept cookies in future.

•Gorillaz.com may link information stored in cookies such as your age, gender and country with your personally identifiable information and we may use such information to gather statistics about the number of people who visit Gorillaz.com and to customize Gorillaz.com content, layout and services for delivery to you.

You control who sees your profile information on Gorillaz.com

•Your profile information on Gorillaz.com will only be shared with people you have specifically agreed to share such information with. By default your privacy settings are set up so that only your friends can view your wall comments and friends. Please bear in mind that if you choose to share your personal information (including any comments, photos or any other information) to other people on Gorillaz.com, you do so at your own risk. Gorillaz.com recommends that you don't share your personal contact information.

•You can choose to make your profile visible to all members of Gorillaz.com, non Gorillaz.com members by editing your profile and opting in to accessible public profile.

•The default setting for profiles is private.

Sharing Information with Applications Providers

Reviewing, deleting and changing your Profile

You can review, delete, correct and revise your privacy settings and personal profile, including who has access to your personal profile in your account at any time or contact us for assistance via the Contact Us page; requests of this nature will be completed within 30 days.

Internet awareness

Whenever you voluntarily post personal information in public areas, like wallposts and forums, this information can be accessed by the public and can in turn be used by others to send you unsolicited communications. Gorillaz.com recommends that you exercise discretion in deciding what information you disclose on the Internet.

Children – Under 13s

•Children under the age of 13 are not eligible to use Gorillaz.com and must not attempt to register with Gorillaz.com and/or submit any personal information to us. Gorillaz.com does not knowingly collect personal information from any person who is under the age of 13 or allow them to register. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information as quickly as possible. If you have reason to believe that this has occurred, please contact us via the Contact Us page, and we will delete any such information.

•We recommend that children between the ages of 13 and 17 should not send any information about themselves to anyone over the Internet without asking their parents or legal guardians for permission beforehand.

Security and confidentiality

•Bebo uses a variety of safeguards to help protect your personal information, including technical, administrative and physical controls. Please bear in mind though, that it is impossible for Gorillaz.com to guarantee that impenetrable security measures are in place. For example, we cannot control any illegal and/or unforeseen activity of other users that may allow them to get around the privacy or security settings on Gorillaz.com. Consequently, you acknowledge that there are circumstances in which your personal information may be accessed by unauthorised persons.

•The security of your personal information depends in part on your protection of your account password. Please do not disclose your account password to unauthorized people.

•We limit access to your personal information only to employees that we authorize to access that information in order to do their jobs in connection with Gorillaz.com

•If you become aware of any breach of data security or have any other questions about the security of our website, please contact us via the Contact Us page.

Changes in Privacy Policy

If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

Additionally, we may send registered users an email notifying you of the change. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL STOP USING GORILLAZ.COM. YOUR CONTINUED USE OF GORILLAZ.COM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR ON OUR WEBSITE OR BLOG OR RECEIVING OUR EMAIL NOTIFYING YOU OF THE CHANGE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

Cancelling membership

You always have the option to cancel your membership at any time. If you are a member and no longer wish to participate in Gorillaz.com you can sign in to the site and click on the My Account at the top of the page; then select cancel membership and follow the simple instructions.

Co-Branding

Gorillaz.com may be co-branded with our affiliates & partners.

EMI / GORILLAZ MAILING LIST PRIVACY POLICY

This is the Privacy Policy of EMI Group Limited and its subsidiaries (collectively "EMI Group of Companies", "we", "us") it was most recently updated on 23 April 2008. In conjunction with any Terms of Use, this policy sets out the basis on which any personal data you provide will be processed by us. Please read it carefully.

By visiting this website, you are accepting and consenting to the practices described in this Privacy Policy which may be amended from time to time. If you use this website (the "Website") after we have published such changes, you will be agreeing to be bound by those changes. If you do not agree to be bound by this policy at any time, you should not use the Website.

Children

You must be at least 13 years old to register with us. We ask you not to register any of your details with us if you are under 13 years old. If you are between the ages of 13 and 16 please ensure that you have your parent or guardian's consent to register.

What we collect and why

When you use the Website, there are different ways we gather information about you:

  • When you register with us, we ask for information such as your name, email address, address and contact details. We keep a record of this information and any other information relating to you that we may obtain from our suppliers or other third parties. This record will be stored and processed in the United Kingdom and other countries (see further below under "The EMI Group and how we store data about you" and "How we use data about you"). All this is necessary for us to recognise you, provide you with the services or information you have requested from us and where appropriate to maintain your account with us. We also use this information to improve our platform and prevent or detect abuses of our Website.

     

     

    Effective Date and Last Revision Date: February 22, 2010

     

  • We keep a record of any electronic correspondence you send us. This helps us keep track of any problems or concerns you've had with our Website or services.

Cookies and Analysis Tools

  • We currently use Google Analytics to analyse how visitors use our Website and to try and improve it. To do this, we use Web beacons and cookies on this Website; these are text files that collect and log site user behaviour information including IP addresses (the number automatically assigned to your computer by your Internet Service Provider) in an anonymous form. The information collected is transmitted to Google and used to compile statistical reports for us. The information is not used to track or collect any information which may be used to identify a particular individual. All information is used and held anonymously.
  • We may also use cookies and other technologies to optimise your experience on the site, cookies can be used to recognise users when they return and may help us customise the Website for you based on your preferences.
  • We control how the data collected from our cookies and other technologies may and may not be used. If you do not want to help us learn how to improve our site, products, offers and marketing strategy, you can "opt-out" of our ability to analyse such data and disable cookies by modifying the settings in your browser. Note that this might affect some functionality on the Website. For more information about cookies and how to disable them please go to www.allaboutcookies.org.

  • Third party advertisers on the site may use cookies and other technologies in their advertisements for statistical purposes, we have no control over cookies placed by third parties.

The EMI Group and how we store data about you

 

In order to communicate with you about local events, offers and opportunities and other news, the data that we collect from you may be transferred to, stored and processed by the EMI Group of Companies or one of our suppliers based in Europe, North America, South East Asia, Asia Pacific or Latin America. Such staff may be engaged in, among other things: preparing and sending newsletters to which you subscribe, the fulfilment of your order, the processing of payment details and the provision of support services. Not all countries legislate for the same levels of protection of personal data as your home country, particularly if you are resident in the EEA. By submitting data, you agree to this collection, transfer, storing or processing of data about you for the purposes described in this policy. We will take all reasonable steps to ensure data about you is treated securely in accordance with this policy, and all information you provide to us is stored on our secure servers or those of our service providers. A full list of EMI Group Companies who may jointly use data about you is available at EMI Group Companies. EMI Group Limited is the entity responsible for the management of jointly used personal data.

Passwords

Where we have given you (or you have chosen) a password to access the Website, you are responsible for keeping this password confidential. Please do not share it with anyone.

How we use Personal Data about you

All the information we collect via our Website or through correspondence with you is used to provide you with any information, products or services you have requested, operate the EMI Group's business and hopefully improve the services and products that we offer you. We will use personal data about you for purposes such as:

  • managing the Website and access to it so it is presented in the most effective way for you and your computer;
  • dealing with orders and accounts for the supply of our goods and services;
  • planning and managing EMI business activities, including analysing users' preferences;
  • research;
  • providing you with information about the products and services we offer (subject to your preferences where possible);
  • providing you with information about specially selected third party products and services (if you consent to receive such information on registration), and
  • notifying you of any changes to our products and services.

There are only a limited number of circumstances where we may share some or all data about you that we hold with others; these are set out below.

  • With local agents such who assist us in the service we provide to you by for example hosting sites, or sending emails on our behalf. In these instances, we provide them with only the information they need to perform their function.
  • In the event that our business assets are ever sold to or purchased by another company. (Our data records are part of our business.)
  • To other members of the EMI Group of Companies, which means other companies across the world owned or controlled by our parent company, EMI Group Limited (see list)
  • To our joint venture partners.
  • If we are under a duty to disclose or share personal data about you in order to comply with any legal obligation at the request of public authorities, or in order to enforce or apply our Terms of Use to protect the rights, property or safety of EMI, our customers, or others.
  • On your express consent.

So far as possible each disclosure will be subject to an obligation of confidentiality.

We may also share anonymised, aggregated data such as access statistics, with third parties such as advertisers. This will not involve the identification of individuals

How we DO NOT use Personal Data about you

We will never pass on your email address or personal information about you to a third party for marketing purposes, without your consent.

How do we communicate with you and how can you object to receiving future communications?

 

We may use the information we collect to contact you by post, email, telephone (including automated calls, by SMS text messages and other multimedia electronic messages such as picture messaging), in each case to communicate information to you about products, services, offers and other news.

We will never send you unsolicited premium rate sms messages (which are sms messages you pay to receive). You will be given the opportunity to opt-in to receiving such marketing information at the point when your details are collected. All promotional information from us will come with instructions on how to opt-out from receiving further information in the future.

Data over the Internet and other websites

The Internet is a global network - therefore there are cases where data about you travels globally and may not always be completely secure. We want you to know that if you provide us with data over the Internet, this is at your own risk. By using the Website, you agree to and authorise us to process data in this way. However, please be assured that we do use commercially reasonable procedures and security features to prevent unauthorised access to your data.

Where the Website contains links to third-party websites please note that these have been included for convenience only. Neither EMI nor any of its affiliated companies controls the content of any linked site and any personal data collected by such sites will be subject to the privacy policy of the third party operating that site. Please read any policy carefully before providing any personal information on such websites.

Further Information

If you have questions about personal data relating to you or our privacy policy or wish to change or update data we hold about you, please contact us at privacy@emimusic.co.uk. To see all the information we have about you, and to correct any inaccuracies or change your options in relation to the information you wish to receive, please write to:

The Data Controller,
EMI Group Limited,
27 Wrights Lane,
London W8 5SW
.

Any access request may be subject to a fee of £10 to meet our costs in providing these details.