arvato Digital Services LLC
Terms of Service
Last updated: November 21, 2011
This page (together with the documents referred to on it) contains the Terms of Use relating to your use of the Universal Music Group (“UMG” or “Universal”) Dean Martin Online Store at http://deanmartin-store.de (the "Site"), operated by Arvato Digital Services LLC ("Arvato", "we" or "us"). Arvato is the merchant of record for the products offered on the Site. Purchases you make through the Site occur between you and Arvato.
Each time you access the Site, including our software download and product ordering service ("Service"), you are consenting to the information collection, use, disclosure and transfer practices described in these terms whether you access the Site as a guest or a registered user. Please read these Terms of Use carefully before using the Site and/or the Service. By using the Site and/or the Service, you accept these Terms of Use and agree to abide by them. If you do not agree to these Terms of Use you are not authorized to use the Site or the Service.
1. INFORMATION ABOUT US
Arvato Digital Services LLC is a Delaware limited liability company with a place of business at 29011 Commerce Center Drive, Valencia, California 91355.
2. ACCESSING THE SITE
• 2.1 Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide through the Site without notice. We will not be liable to you if for any reason the Site or the Service is unavailable at any time or for any period of time.
• 2.2 From time to time, we may restrict access to some or all parts of the Site and/or the Service.
• 2.3 If you select, or you are provided with, an account or other user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether selected by you or provided by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
• 2.4 You are responsible for making all arrangements necessary for you to have access to the Site and/or our Service. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
3. USE OF THE SITE
• 3.1 To order products from the Site, please follow the instructions on screen.
• 3.2 You may not use the Site or its contents:
º 3.2.1 for commercial purposes;
º 3.2.2 for resale purposes including the systematic extraction and/or re-utilization of any part or the contents of the Site (e.g. item listings, descriptions, prices);
º 3.2.3 to download (other than page caching) or modify the Site, or any portion of it; or
º 3.2.4 for any purpose which is unlawful.
4. INTELLECTUAL PROPERTY RIGHTS
• 4.1 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. (The Site may contain some features that enable you to obtain rights to use certain of the content on the Site, such as lyrics, music, photographs, and the like. In such situations, your rights to use such content are limited to the rights expressly granted to you in such situations.) You may not otherwise copy, reproduce, distribute or exploit any content, code, data or materials on the Site. If you make use of the Site, or the content, code, data or materials thereon, expect as otherwise provided above, you may violate copyrights and other laws of the United States or other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use.
• 4.2 We are a licensee of UMG of certain intellectual property rights in the Site and in the material published on it. All content included in the Site and Service is protected by copyright laws, trademark laws and other such intellectual property laws. All such rights are reserved.
• 4.3 You may not copy, reproduce, upload, post, distribute, republish, retransmit or modify in any way any of the material on this Site. You may download material on this Site for your personal, non-commercial use, provided that you retain any and all copyright, trademark or other proprietary notices.
• 4.4 If you print off, copy or download any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
• 4.5 The trademarks, logos, service marks and trade names (collectively, the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Universal, Arvato and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or in any manner that disparages or discredits their rights holders. 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, Arvato or the third party that owns the applicable Trademark. Your misuse of any Trademark displayed on the Site is strictly prohibited.
5. LICENSE TO ARVATO
By posting messages, sending e-mails, inputting data, answering questions, uploading data or files or otherwise communicating with us through this Site (a "Communication"), you are granting us a perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to use, display, sublicense, adapt, transmit and copy such Communication. The foregoing grant shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under trademark, copyright, service mark or patent laws in any relevant jurisdiction.
6. THE SITE CHANGES REGULARLY
We may change the content on the Site (including these Terms of Use) at any time. If the need arises, we may suspend access to the Site or the Service, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
7. SITE TRANSACTIONS
• 7.1 We have been appointed by UMG as a merchant of record for the products offered through the Site.
• 7.2 The price of any product will be as quoted in the Site from time to time, except in cases of obvious error. These prices exclude sales tax and delivery costs, which will be added to the total amount due shown on the check-out page. We are under no obligation to deliver the products until we have received payment from you. We reserve the right to refuse any order you place with us.
• 7.3 Your credit card will be charged at the time your purchase order is completed on the Site, including any pre-orders. Please refer to your on-screen shopping cart for estimated availability of any pre-ordered products. Your pre-ordered product will be delivered after product availability. You agree that all information that you provide will be accurate, complete and current. You agree to pay in full the prices for any purchases you make, including shipping and handling charges, incurred by users of your credit/debit card or other payment mechanism at the prices in effect when such charges are incurred. The prices displayed on the Site are quoted in U.S. Dollars. You agree to pay all applicable taxes. If payment is not received by Arvato from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by Arvato.
• 7.4 We reserve the right to correct any errors, inaccuracies or omissions on the Site and to update information or cancel orders if any information on the Site is inaccurate.
• 7.5 Products offered on the Site are the intellectual property of UMG. To download any music or other content purchased from the Site you must accept the UMG license terms that are bundled with the product. You may not remove any copyright, trademark or intellectual property notice which forms part of any product purchased from the Site.
8. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
• 8.1 The Site is provided on an "as is" and "as available" basis. We do not guarantee that it is accurate or error-free, or that errors will be corrected, or that it is free of viruses or other harmful components. We will not be responsible for any errors or omissions or for any technical difficulties you may experience with the Site or the Service. We make no representations or warranties of any kind express or implied, including, without limitation, implied representations, warranties or conditions of or relating to accuracy, accessibility, fitness for a particular purpose, merchantability, non-infringement performance or durability, all of which are disclaimed by us to the fullest extent permitted by law.
• 8.2 You expressly agree that your use of the Site is at your own risk. We shall not be liable to any person for any loss or damage which may arise from or in connection with the use or misuse of the Site or any of the materials on the Site. In no event shall we be liable for any direct, indirect, incidental, special, punitive or consequential damages which may arise in connection with the use of the Site, whether such damages are based on contract, tort, strict liability or otherwise, even if advised of the possibility of such damages. Nothing in these Terms of Use shall operate to exclude or restrict our liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
• 8.3 Without limitation of the foregoing, we and our 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, Arvato or their respective agents. Any products and services ordered or provided via the Site are provided by Universal or Arvato “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 Arvato or our licensor or supplier.
9. INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
We collect, use and disclose personal information in accordance with our Privacy Policy, which may be changed from time to time as set forth in the Privacy Policy available through this Site. By using the Site and/or our Service, you expressly consent to the collection, use and disclosure or your personal information by us in accordance with the Privacy Policy and you warrant that all data provided by you is accurate. Arvato collects and processes your financial information to conduct transactions on the Site, while UMG separately collects or will be provided with non-financial information about your transaction, such as what products you have purchased.
10. VIRUSES, HACKING AND OTHER OFFENCES
• 10.1 You must not misuse the Site or the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site or the Service, the server on which the Site or the Service is stored or any server, computer or database connected to the Site. You must not attack the Site or the Service via a denial-of-service attack or a distributed denial-of-service attack.
• 10.2 We may report any breach of this provision to relevant law enforcement authorities and we will cooperate with those authorities in all respects. In the event of such a breach, your right to use the Site and our Service will cease immediately.
• 10.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or our Service or your downloading of any material posted on this Site or on any website linked to this Site.
11. LINKS FROM THE SITE
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience and information only. We have no control over the material contained on, or the services or products offered through, such third party sites, and accept no responsibility for them or for any loss or damage that may arise from your use of them. These Terms of Use apply solely to this Site and you should always review the terms and conditions of any site that you access through a link from this Site.
12. INDEMNITY
You agree to defend, indemnify and hold Arvato, UMG, and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms of Use by you or your authorized users, or in connection with the use of this Site or the Internet or the placement or transmission of any message or information on this Site by you or your authorized users. We will provide notice to you promptly of any such claim, suit or proceeding and reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
13. WAIVER
If you breach these Terms of Use and we take no action, we will still be entitled to enforce our rights and remedies in other situations where you are in breach.
14. ALTERATIONS TO THESE TERMS OF USE
We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Site.
15. NOTICES
You consent to receive electronic communications from us, whether addressed to the e-mail address associated with your account or posted on this Site. You acknowledge and agree that any communications via e-mail or by postings on this Site satisfies any legal requirement that such communications be made in writing.
16. JURISDICTION AND APPLICABLE LAW
These Terms and Conditions shall be governed by the laws of the State of New York without giving effect to its conflicts of law principles, and venue shall be in the state or federal courts located in the State of New York. These Terms and Conditions are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
17. TERMINATION
These Terms and Conditions may be terminated by us at any time without notice. In the event of termination, you are no longer authorized to have access to the Site. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms and Conditions for all purposes.
18. CONTACT ARVATO
If you have any questions, please contact us at: http://deanmartin-store.de/contacts or via postal mail at the address provided below.
Arvato Digital Services LLC
Universal Music Online Store Program
29011 Commerce Center Drive
Valencia, CA 91355
Thank you for visiting the Site.
