Universal Music Group
Royalty Report Gateway
Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS
WEBSITE.
Last Updated: August 14, 2017
These terms of use (the “Terms of Use”) are applicable to your use of the Universal
Music Group Royalty Report Gateway (the “Site”), available at
http://www.umgroyalty.com. By accessing and/or using the Site, you verify
that you understand, accept, and agree to these Terms of Use, and that you are
legally capable of doing so. If do not wish to be bound or if you are not
certain you can comply with the Terms of Use, please exit the Site
immediately. “You” means any individual who accesses or uses the Site, as
well as any organization, artist, or group on whose behalf you are acting.
The Site is owned by Universal Music Investments, Inc. (as context requires, “we,” “our,” or “us”). We may revise these Terms of Use from time to time by updating this posting/page, with the new terms taking effect on the date of posting. By continuing to access and/or use the Site after we post any changes, you verify that you understand, accept, and agree to these Terms of Use, as modified.
Our Privacy Policy is part of and incorporated into these Terms of Use (the Privacy Policy and Terms of Use are together sometimes referred to as the “Terms”) and applies to your use of the Site. Please review the Privacy Policy carefully.
Use of the Site
We created the Site as a convenient means for you to obtain information relating to the accrual and payment of royalties by Universal Music Group and its affiliated and distributed labels (together, “UMG”). The Site may be used by artists and others who receive payment of royalties by UMG, and under certain circumstances, the Site may be used by authorized representatives of such persons. No other use of the Site is authorized by UMG, and you agree you will not make or permit another to make any other use of the Site.
You will receive a username and password in order to access your account records within the Site. Only you, or under special circumstances, users authorized to access your information, may use your account. You must keep your username and password confidential and may not authorize anyone else to use them. You must contact us immediately if you suspect misuse of your account, username, or password. You may not access or attempt to access any account on the Site other than your own or that of an Artist for whom you are a Representative.
The Site is designed to enable you to view your royalty statements and to download copies of them. The Site may provide additional functions, such as means to communicate with UMG.
Site Content and Accuracy
The Site was created as a convenient means for you to obtain information, and we undertake to ensure the accuracy of the content of the Site and your account information. However, there may be information on the Site that is outdated or contains typographical errors, inaccuracies, or omissions. You agree that your access, use, or reliance on this Site is solely at your own risk. In the event of a conflict between the information available through the Site and UMG’s other internal records, the information contained in UMG’s other internal records will prevail. The Site shall in no way operate to alter your contractual relationship with UMG or the amount of royalties to which you may be entitled.
Site Use
You may view and print your royalty information from the Site solely for your own personal purposes. You may not otherwise use, modify, copy, download, store, print, display, perform, distribute or publish any part of the Site or any information from it without our prior written (non-electronic) consent. You may not disassemble, decompile, or reverse engineer the Site or any part of it, nor may you attempt to do so. You may not circumvent any security measures associated with the Site, nor may you attempt to do so. All rights not expressly granted to you under these Terms are reserved.
The Site may not always be available. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site for any or no reason without prior notice.
Copyright and Trademark Notices
The Site is protected by U.S. and international intellectual property laws. We, or our licensors, own all information, photographs, screen displays, graphics, text, images, sound files, video and other materials, as well as the selection and arrangement of any materials, provided through the Site, and the look and feel of the Site. We own the UMG trademarks and service marks that are associated with the Site and under which we do business. Third-party company names, product names, service names and logos referenced on the Site, if any, may be the trademarks of their respective owners. You may not remove, alter or obscure any copyright, trademark, or other proprietary rights notices in the Site or any printout.
DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS" [AND] "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, 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 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. UMG 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.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, UMG 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 UMG OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY UMG "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 UMG OR ITS LICENSOR OR SUPPLIER.
LIMITATION OF LIABILITY. IN NO EVENT SHALL UMG 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. 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, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO UMG FOR YOUR USE OF THE SITE.
Applicable Law and Forum
The laws of the State of California in the United States, as applicable to contracts entered into and to be wholly performed within such state, govern the interpretation of these Terms and you agree to submit to the exclusive jurisdiction and venue of the Federal and state courts in Los Angeles County, California for any and all disputes, claims and actions arising from or in connection with the Site and these Terms.
Notices and Contact Information
Notices required from us may be posted on the Site or sent to any email or mailing address that you provide to us. You agree to keep your email and mailing addresses current and to check for notices posted on the Site.
Inquiries related to the Site or these Terms should be sent via email to: royaltyhelp@umusic.com. All notices required or permitted to be given under these Terms of Use 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.
c/o Legal Dept
2220 Colorado Ave,
Santa Monica, CA 90404
Miscellaneous
If a court of competent jurisdiction determines that any part of these Terms is invalid or unenforceable, then the parties 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 will remain in full force and effect. The section titles in these Terms are used only for the parties’ convenience and have no legal or contractual significance. We may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign, transfer, or sublicense your rights under these Terms, if any, in the Site, and any attempt to do so will be void ab initio. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms (including the Privacy Policy) constitute the entire agreement, and supersede all prior or contemporaneous communications of any kind, between you and us with respect to the Site.