Help & Support

Placing & Cancelling Orders

How do I use the shop?

Browse through the different sections of the site looking at the products available. When you see something you want to buy, you'll notice an “Add to Basket” button or “Preorder” button next to it. Clicking on that button will put one copy of that item into your shopping basket. The number of items in your basket will increase each time you add something.

If you click on the “Show Basket/Basket” link or “Basket/Shopping Cart” Icon or “X items for £x.xx” link in the top right of your screen, you can see what you've got in your basket and how much it will cost you. If there's an item you no longer you want you can remove it. Once you've selected everything you would like to purchase, click “Checkout” - this will prompt you to log in with your EMI account. You can create an account if you don't already have one by selecting the 'New Customer' option. You will then be taken to the review order page where all of your order details are displayed for you to check before selecting to 'place order' and enter your payment details.

You need to select your country from the menu to see all the payment methods available to you. Follow all of the instructions regarding your chosen method of payment. After you have completed the payment page, you will be shown the confirmation page where you are given an order number which you can use to check your order status in your 'order history'.

Did this answer your question? If you still need assistance placing an order please contact customer service.

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5. How could we assist you? Please supply information about which product you would like to order. * Send Message to Customer Service

How do I cancel my order?

We should be able to cancel your order or any item from your order providing we haven't already dispatched it to you. Just enter your request below and we will do our best to action it before it goes to our warehouse. We are not able to cancel your order once it's been processed.

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6. Additional Information / item(s) to be removed from order * Send Message to Customer Service

How do I change my delivery address?

Just enter your request below and we will do our best to action it before your order goes to our warehouse. You can update the delivery address for any future orders by going to your account here.

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6. Your new delivery address * Send Message to Customer Service

Billing Query

If you have a query about payment for an order please contact us below. We accept all major credit and debit cards along with Paypal. All the available payment methods for your country will be displayed when you get to the payment page.

Did this answer your question? If you still have a question about billing please contact customer service.

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Products

Stock status

The stock status for all products is displayed on the product detail page before you place your order.

• In stock The product is in stock and ready to be dispatched.
• Preorder The product is available to buy but hasn't been released yet. Orders for the product will be dispatched on the release date.
• Dispatch in 3-14 days The item is out of stock. We have to order it in from our supplier before we can send it to you.
• Back in stock soon Currently not available to purchase.

Did this answer your question? If you still have a question about stock status then please contact customer service.

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Signed Products

We frequently offer products that are signed by the artist(s). Unfortunately the number of copies are always very limited which means we cannot guarantee that every customer will receive the signed version. In these instances, orders are selected on a random basis, unless otherwise specified.

Please be aware that multiple orders/copies for signed goods may not be completely fulfilled and the quantities may be changed. This is in the interests of fairness and makes the chance of receiving a signed copy as equal as possible for all of our customers.

Did this answer your question? If you still have a question about signed products then please contact customer service.

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DVD/Blu-Ray formats

The DVDs we sell are PAL format, Region 2, unless stated otherwise. You should refer to your DVD player's instruction booklet for confirmation of your player's regional settings. DVDs vary according to both format and region, so unless your machine is multi-region / multi-format, or can be converted to handle multi-region / multi-format, you should check that both the format and the region of the DVD match the settings on your player and that the format matches your television.

PAL is the standard format for the UK, Europe, Australia, New Zealand, Africa and Asia (excluding Japan). NTSC is the standard format for USA, Canada, Central and South America, Japan and the Caribbean.

• REGION 1 USA and Canada
• REGION 2 Europe, Japan, South Africa and the Middle East
• REGION 3 South East Asia and East Asia
• REGION 4 Australia, New Zealand, Central and South America and the Caribbean (there is also a significant penetration of Region 1 players in all these regions, except Brazil)
• REGION 5 Africa (excluding South Africa), India, Russia, North Korea and Mongolia
• REGION 6 China
• REGION 0 These are un-coded discs and should play on any DVD player.

The blu-ray discs we sell are region B format unless stated otherwise. The blu-ray regions are as follows

• REGION A Includes most North, Central and South American and Southeast Asian countries plus the Republic of China (Taiwan), Japan, Hong Kong, Macau and Korea.
• REGION B Includes most European countries, African and Southwest Asian countries plus Australia and New Zealand.
• REGION C Includes the remaining central and south Asian countries, as well as the People's Republic of China and Russia.

Did this answer your question? If you still have a question about DVDs or Blu-Rays then please contact customer service.

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Downloads

All digital download sales are final and non refundable. You do not have a right to withdraw from a digital purchase on any of EMIs websites. The EMI store service commences immediately when you purchase download products and you will not have a right to cancel your contract once the service commences. If you're territory is restricted due to licensing, you will be informed before you checkout.

You will be sent an email to let you know when your downloads are ready which contains a link to your order history where you can download.

Did this answer your question? If you still have an issue with your download please contact customer service.

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6. Please give us a detailed description of the problem, including the exact text of any error messages you are receiving, as well as what operating system and media player you are using. * Send Message to Customer Service

Manufacturers warranty

If the product you ordered is defective and is covered under the manufacturers warranty, please contact the manufacturer direct rather than ourselves. You should be able find their contact details on the products documentation.

Delivery

What are your delivery times?

We will send you an email when your order has been dispatched. Here is a rough guide for how long it should take for you to receive your order from this date

Standard delivery:

• UK Approximately 1-4 working days
• Europe Approximately 4-7 working days
• USA / Canada Approximately 7-14 working days
• Rest of the World Approximately 7-20 working days (depending on location)

Please note that this is a guide only and should not be interpreted as a guarantee. Once your order arrives in your country, it is passed to your postal service, who will deliver it to you in keeping with their standard working practices. As standard delivery is by Royal Mail, there is no tracking information available on packages.

Courier delivery:

If speed of delivery or tracking are important to you, it may be worth selecting the "Courier" option on the "Review Order" page when placing your order.

Orders should be delivered next day to most UK destinations if placed before midday. Delivery times to rest of the world destinations can vary significantly from country to country.

Did this answer your question? If you still have a question about deliveries then please contact customer service.

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   (if applicable)
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Complete Shipping / Part-shipping?

If you select "Complete Shipping" your order will be sent out in one delivery once all items have come into stock.

If you select "Part Shipping" the available items will be sent immediately and the remaining items will follow in a second delivery once they have come into stock. The delivery charge displayed will cover both deliveries. You will be sent an email to notify you when each package has been dispatched. This will clearly state which products are contained within it and which products are still to be delivered. If you have ordered a bundle all the physical items in the bundle will be sent together.

Did this answer your question? If you still have a question about shipping then please contact customer service.

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What are the delivery charges?

Each item is priced for delivery according to its weight and volume. An exact delivery charge for the chosen delivery options will be calculated for you on the order review page before you are asked for payment.

Did this answer your question? If you still have a question about deliveries then please contact customer service.

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Gift wrap

You can select to have your order gift wrapped for your convenience. Orders for multiple items will be wrapped as one parcel. Please note we aren't able to gift wrap posters due to the size and shape of the package. If you purchase a poster along with other products and select gift wrapping, the poster will not be gift wrapped but the package containing the other items will be. If your order is shipped in two parts then both parts will be gift wrapped. There will also be two charges for the gift wrapping.

Customs & Import Charges

All import and export costs are the responsibility of the customer. We have no control over the length of time your order will be held at customs for clearance and suggest that you contact them directly for further information. We mark all packages for overseas delivery with contents and order value marked accordingly.

Did this answer your question? If you still have a question about customs and import then please contact customer service.

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Where is my order?

How do I view my order history?

You can check your order status at any time by logging into your customer account and viewing your order history. Just go to the web site and click 'Log In' where you will be asked for the email address and password you registered with us when you placed your order. Here all of your orders with us will be listed.

What is my order status?

You can view your order history by logging into your customer account where your order status will be displayed.

If the status of your order says 'No Payment Received' it will be cancelled by the system. Perhaps your shopping session may have been interrupted before you finished entering your payment details. If you wanted to pay by card, then you will need to place a new order on the website. Before you re-order please make sure that you haven't already placed another active order with us, as a new order can be created by clicking forward or back on your browser during the order process. An order is placed each time the 'place order' button is pressed regardless of whether payment details are entered or not.

If the status of your order says 'Pending', this means that we are awaiting stock from our supplier. If the product you ordered is a pre-order then the release date will be displayed.

If the status of your order says 'Processed', this means that your order should be on its way to you. You will be sent an automated email to confirm when the order has left our warehouse.

Did this answer your question? If you have any further questions about order status then please contact customer service.

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My delivery hasn't arrived

You will be sent an email to confirm when your order has been dispatched. Once you have received this, please wait until our expected delivery time has elapsed. Click on the link for delivery times to view our delivery times for your location.

If you have chosen Standard Mail delivery please check if your local post office are holding the package for you. They may not have been able to fit your package through your letterbox and taken it for you to collect from the depot. They should leave a card to say that delivery has been attempted, but in our experience this doesn't always happen. If they return the package to us because you did not pick it up at the post office, you will have to pay the p&p charge again to have it resent.

Did this answer your question? If you still can't locate your order please contact customer service.

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Returns

Returns Policy

If you are not satisfied with any of the items you have received for any reason, we will be happy to issue a credit voucher for the cost of the items if we receive the returned items from you in the condition that they were sent, within 28 days of delivery to you. Please contact us below and wait for a response before returning item to us. Any returns should include a note of your name, order number and a brief explanation of your reason for returning the items. For your protection please ask the Post Office for a 'proof of postage receipt' when sending your items back to us. This proves you have sent the package back to us should the package get lost in transit. You will not be charged for this.

Please note the package is your responsibility until it reaches us. We will be unable to refund or resend your order without a proof or postage receipt.

Did this answer your question? If you have any further questions about returns or if you would like to return your order then please contact customer service.

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My item has arrived damaged

If your items arrive damaged, we will either issue a credit voucher to you (including the postage and packing you were charged), or send you a replacement. We may ask you to return the damaged item to us before we can take further action. Please contact us below and we will tell you how to proceed.

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Can I exchange an item I don't like / clothing that doesn’t fit?

If you aren't happy with an item you have received from us please contact us and we will give you the instructions for returning. We don't offer exchanges as such, but we will issue you with a credit voucher when we have received goods back to our warehouse. You can then use this credit voucher to place an order for the other item you'd like.

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Wrong items have been delivered

If you have received incorrect items in you order please contact us below. We will advise you on how to send back the items and replace them with the correct items.

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Returned by the post - delivery address errors

If your order is returned to us because you did not collect it from the post office or because you made a mistake with your address, we may be able to resend it to you, but you will have to pay the p&p charge to have it resent. We are not responsible for non-delivery if you have entered your address incorrectly.

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Any other questions?

Security

How safe is the store?

EMIs stores checkout page uses a military strength secure transfer protocol called Secure Socket Layers (SSL). We take customer security very seriously and have a multi-staged fraud prevention system which ensures security for your details so there is nothing for you to worry about.

EMI will never email you asking for your EMI account password, bank account details or for your credit/debit card four-digit security PIN under any circumstances.

If you are contacted or receive an unsolicited email which asks you for your password or personal banking information, disregard the request and report the communication to your email provider.

Cookie Policy & Privacy Policy

Cookie Policy

This is the Cookie Policy of EMI Group Limited and its subsidiary companies (collectively "EMI", "we", "us"), which applies to this website (the Website).

In conjunction with any applicable Terms and Conditions of Use and the Privacy Policy, this Cookie Policy describes the cookies we use, explains why we use cookies, and how we deal with the information collected. It also explains how cookies enable the Website to function properly and why you will not be able to experience the full functionality of the Website if you disable the use of cookies.

By using this website you give us your consent to the use of cookies as set out in this Cookie Policy.  The use of cookies described in this Cookie Policy may be amended from time to time.  We may, specifically, amend our list of cookies from time to time.  If you use the Website after we have published such changes, you will be agreeing to be bound by those changes. If you do not consent to the use our cookies at any time, please see the section below "How do I disable cookies".

Here is a list of the main cookies we use from time to time, and what each cookie is used for. You’ll also find information about the cookies our business partners use below.

First Party Cookies

The following cookies are used to improve the Website and do not contain any personal information that would allow us to identify you (such as your name or other contact details).

Permission cookies-accepted (Permission Cookie)
This cookie is set once you have pressed the "x" button to tell us you have accepted the use of cookies on our website and to stop us from showing you the message again.

JSESSIONID (Really important cookies)
This cookie allows our web servers to respond to your actions on the Website such as remembering items in your shopping basket or preferred method of payment. The Website wouldn’t work for you without it.

Google Analytics - _utma, _utmb, _utmc, utmz (Analytics)
We use analytics software to help analyse use of our website. These cookies enable us to collect standard internet log information and visitor behaviour, such as new visitor numbers, interactions and paths through our website, response to our marketing campaigns and browser usage, all in an anonymous form. This information is important to help us understand how people use our website, how our website is performing and to make it as easy to use and useful as possible. Google stores the information collected by the cookie on servers in the United States. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. By using any EMI website, you consent to the processing of data about you by Google in the manner and for the purposes set out above

Third Party Cookies

EMI does not control the dissemination of these cookies.

AddThis.com - psc, uid, uit, uvc, _atuvc
For more information refer to http://addthis.com/privacy

Analytics / Content Sharing
We use these cookies to enable us to better understand our visitors, such as which web page you came from, which type of browser you are using and your general geographic location. It also gives you a simple way to share content or links across the social web and tells us how many visitors are sharing content.

For more information refer to http://www.google.com/policies/privacy/ads/#toc-doubleclick

PayPal payment method cookies
PayPal place cookies to recognise you as a PayPal customer, customize the PayPal services, content and advertising, measure promotional effectiveness, collect information about your computer or other access device to mitigate risk, help prevent fraud and promote trust and safety. For further information refer to https://www.paypal.com/us/cgi-bin/marketingweb?cmd=p/gen/ua/policy_privacy-outside

Twitter - _twitter_sess, guest_id, k, original_referer
Twitter place cookies which allow users of EMI’s websites, who have already logged into Twitter, to quickly share information via the Twitter social network without having to log into Twitter again.

For further information refer to https://twitter.com/privacy

Facebook
fbm_242310465851916, fbsr_242310465851916, c_user, datr, localeFacebook place cookies which allow users of EMI’s websites, who have already logged into Facebook, to quickly share information via the Facebook social network without having to log into Facebook again.

Facebook uses these cookies to make the site easier to use, to personalise the user experience, to improve the ads that you see and to protect you from malicious activity.

For further information refer to http://www.facebook.com/about/privacy/

Webgains
wgs, wgdc, wgc, wgiWe use Webgains cookies to remember when you click on or view an ad during the same browser session. It will also de-duplicate clicks from the same source.

For more information refer to: http://www.webgains.com/public/privacy/webgains-cookies/

The Website displays video content using Adobe Flash Player. Adobe uses Flash cookies (also known as Local Shared Objects) to help improve your experience as a user and save your preferences. Flash cookies are stored on your Device in much the same way as usual cookies, but your browser manages them differently. If you wish to disable or delete a Flash cookie, see Adobe Flashplayer Security Settings. Please bear in mind though, that if you disable Flash cookies for the Website you’ll be unable to access certain types of content on the Website, such as videos.

We sometimes carry embedded "Like" and "Share" buttons to enable users of the Website to easily share articles through a number of popular social networks such as Facebook and Twitter. These sites may set a cookie when you are also logged in to their service. We do not control the dissemination of these cookies and you should check the relevant third party website for more information about these.

We also sometimes embed content from websites such as YouTube or Flickr. As a result, when you visit a page with content embedded from these websites you may be presented with cookies from these websites. We do not control the dissemination of these cookies. You should check the relevant third party website for more information about these.

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

If you shorten EMI URLs, for example on Twitter or Facebook, and use the SmartURL service to do so, EMI works with SmartURL to rebrand some links e.g. a http://kyl.ie/xxxxx link. EMI web products or phone apps sometimes offer features that allow users to share links with social networks and EMI shortens that URL using the SmartURL service. Also EMI shortens links to online stores like the iTunes Music Store using the SmartURL service. SmartURL provides EMI with anonymised, aggregated statistics relating to use of a shortened EMI URL, for example by telling us how many times it has been clicked on. EMI does not have access to the IP address of your computer collected by SmartURL when you use its service or any other identifiable information about you. Nor does SmartURL have any access to data collected on an EMI website. For more information on SmartURL’s privacy policy, please see http://manage.smarturl.it/mng/privacy.

Accepting these cookies is a precondition of using the Website, so please be aware that if you restrict or prevent them, we cannot promise how the Website will work for you.

How do I disable cookies?
You can accept or stop cookies from being stored on your Device by modifying the settings in your browser. Please refer to your browser instructions or the "Help" function within your browser to show you how. However, you may not be able to use all the interactive features of the Website if cookies are disabled.

To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

Further information about cookies
For more information about how to see what cookies have been set and how to manage and delete them, please go to www.allaboutcookies.org.

The internet advertising industry has also produced a guide to online privacy and behavioural advertising, please see www.youronlinechoices.eu.

Privacy Policy

This is the Privacy Policy of EMI Group Limited and its subsidiary companies (collectively “EMI”, “we”, “us”), which applies to this website (the “Website”). A full list of the EMI group companies that may jointly use personal data about you pursuant to this policy is available at http://www.emimusic.com/wp-content/uploads/2010/10/List-of-EMI-Group-Companies.pdf. EMI Group Limited is the entity responsible for the management of jointly used personal data.

In conjunction with any applicable Terms and Conditions of Use, this policy sets out the basis on which any personal data you provide will be collected, processed and stored 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 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. Please do not provide any of your details to 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’s or guardian’'s consent to register and/or before you provide any personal data to the Website. Users without this consent are not allowed to provide us with personal data. If we become aware that you are under 13 and are attempting to or have submitted personal data via the Website, or that you are between the ages of 13 and 16 and are attempting to or have submitted personal data via the Website without your parent/guardian's permission, we will not accept such information and we will take steps to remove such information from our records. This may involve us having to access and verify your age and other relevant details.

Introduction

This Privacy Policy explains the following:

• What data we collect about you;
• Analysis tools and our use of cookies on the Website and how you can reject these cookies;
• How EMI stores data about you;
• Passwords;
• How EMI uses data about you;
• When and how we communicate with you;
• Whether we will disclose personal data about you to anyone else;
• How you can opt-out from receiving communications from us;
• How you can opt-out from our sharing personal data about you;
• How long we may keep personal data about you; and
• How to contact us.

What data we collect about you and why

• When you use the Website, there are different ways we and any service providers who assist us in managing the Website gather information about you. When you register with us, we ask for information such as your name, email address, postal 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 “How we store data about you” and “How we use personal 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. In addition to the uses described below, we may also use this information to improve our platform and prevent or detect abuses of our Website. You may also be required to provide personal data to order products or participate in one of our online forums or communities. You are under no obligation to provide such data. However, if you should choose to withhold requested information, we may not be able to provide you with certain services.
• We keep a record of any electronic correspondence you send us. This helps us to keep track of any problems or concerns you may have had with our Website or services.
• If retail opportunities are provided, when you place an order, we may collect a credit card number or other payment account number. This record will be stored and processed in the United Kingdom and other countries (see further below under “How we store data about you” and “How we use personal data about you”).
• Please note that sometimes on particular web pages on the Website we will require you to provide additional personal data. When we do this we will specify further on these web pages why we are collecting this data and how we will use it.

Analysis Tools and our use of cookies

• We currently use Google Analytics to analyse how visitors use our Website and to find ways of improving it. To do this, we use Web beacons, pixel tags, clear GIFs and cookies on the 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 concerned 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 Website. Cookies are pieces of information that a website transfers to your hard drive to store and sometimes track information about you. Cookies can be used to recognise users when they return and may help us to customise the Website for you based on your preferences. Cookies may also be used to identify the user’'s geographic location and enable us to restrict particular services to users in certain countries. Although they do identify a user's computer, cookies do not personally identify users and passwords and credit card information are not stored in cookies.
• 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 to learn how to improve our Website, 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. Please 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 Website may use cookies and other technologies in their advertisements for statistical purposes; we have no control over cookies placed by third parties.

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 EMI or one of our service providers based in Europe, North America, South East Asia, Asia Pacific or Latin America. Such entities may be engaged in, among other things: preparing and sending newsletters to which you subscribe; the fulfilment of your orders; the processing of payment details; and the provision of support services. The laws of some countries may not provide 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 the collection, transfer, storage and processing of data about you for the purposes described in this policy. We will take reasonable steps to ensure that data about you is treated securely in accordance with this Privacy Policy, and that all information you provide to us is stored on our secure servers or those of our service providers.

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 the password with anyone. We will never contact you and ask for your password.

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, to operate EMI’s business and to 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 that 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’s 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);
• notifying you of any changes to our products and services;
• providing you with password reminders or to notify you that a particular service has been suspended for maintenance; and
• processing and dealing with any complaints or enquiries made by you.

As described above data may be shared within EMI. There are only a limited number of circumstances in which we may share with others some or all of the data about you that we hold; these are set out below.

• With local agents and other third parties who assist us in the services we provide to you by, for example, hosting sites or sending emails on our behalf, and with retail partners on the Website. In these instances, we provide them with only the information that they will need to perform their function. EMI requires these third parties to comply with EMI’s instructions and requires them not to use any personal data for their own business purposes.
• In the event that our business assets are ever sold to, or purchased by, another company (our data records are part of our business).
• With our joint venture partners.
• Where you have expressed an interest in one or more particular artists and have consented to the sharing of information with any such artist(s), we may share personal data about you with such artists and their representatives. Such artists may use this information to contact you regarding products, programs, services and promotions that the artists believe may be of interest to you. We do not control, and are not responsible for, artists’ use of personal data. If you decide that you no longer wish EMI to be able to share personal data with artists and their representatives, please see the section on opting-out below.
• 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 relevant regulatory or governmental authorities, pursuant to a subpoena or comparable binding request, or in order to enforce or apply our Terms and Conditions of Use of this Website, or to protect the rights, property or safety of EMI, its customers, or others.
• We may make available services such as message boards, chat functionality and blogs, to which you are able to post information and materials. Please note that any information you disclose through such services or otherwise on the Website becomes public information, and may be available to visitors to the Website and to the general public. In addition, when you choose to make a posting on such services certain personal data will be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose personal data about you, or any other information, on the Website. We are not responsible for the use by any third party of any personal data you voluntarily disclose through any such services or otherwise on the website.
• With your express consent.

So far as practicable we will seek to ensure that 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.

When and how we communicate with you and how you can opt-out from receiving future communications or from our sharing personal data about you

We may use the information we collect to contact you by post, email and telephone (including automated calls, and by SMS text messages and other multimedia electronic messages such as picture messaging) so as to contact you:

• in relation to the functioning of any services you have signed up for in order to ensure that we can deliver the services to you;
• to provide you with further information;
• in relation to any contribution you have made to the Website, e.g. on our message boards;
• to invite you to participate in surveys about our services (participation is always voluntary);
• for marketing purposes subject to any elections that you have made in this respect;
• about a submission you have made to the Website, including any content you provide.

We will not send you unsolicited premium rate SMS messages (which are SMS messages you pay to receive), although your service provider may impose a charge on messages that you receive. Please check with your service provider for details. You will be given the opportunity to opt-out of 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.

You can tell us not to contact you or share the information with a third party either at initial registration or later through updates. We may occasionally contact you about products and services we feel may be of interest to you. This contact will only come from us (or our agents) and only if you have indicated that you do not object to these offers. If you would prefer to no longer receive marketing-related messages from us, or if you would prefer that we not share personal data about you with any of our joint venture partners or artists, you may opt-out of receiving messages from us or from our future sharing of information about you by following the “unsubscribe” instructions in the latest such message you have received. We will endeavour to comply with your request as soon as reasonably practicable. Please keep in mind that if you opt-out of receiving promotional messages from this Website, we will continue to send you transactional messages and important account-related information regarding this Website or services offered through this Website. We also will continue to honour your requests regarding promotional communications from other EMI websites for which you have subscribed.

Please note that if you opt-out as described above, we will not be able to remove personal data about you from the databases of joint venture partners or any artists with which we have already shared personal data about you (i.e., to which we have already provided personal data about you as of the date that we implement your opt-out request). If you wish to cease receiving marketing-related messages from such joint venture partners or any artists, please contact such joint venture partners or any artists directly or utilize any opt-out mechanisms set out in their respective privacy policies or marketing-related messages.

Data over the Internet and other websites

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

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 such third party’'s policy carefully before providing any personal data on such websites.

We sometimes may offer content (e.g. competitions, sweepstakes, or promotions) sponsored by or co-branded with identified third parties. By virtue of these relationships, the third parties may obtain personally identifiable information that you voluntarily submit to participate in the Website activity. We are not responsible for and have no control over these third parties' use of this information. However, we will notify you at the time of requesting personally identifiable information if these third parties will obtain such information.

We may use third parties to present or serve the advertisements that you may see on the Website. This Privacy Policy does not cover any use of data that a third party ad server may have collected from you.

Offensive or inappropriate content

If you post or send offensive, inappropriate or objectionable content anywhere on or to the Website, or otherwise engage in any disruptive behaviour on the Website, we may use the personal data we hold about you to stop such behaviour. Where we reasonably believe that you are or may be in breach of any applicable laws (for example, but without limitation, content you have posted may be defamatory), we may use the personal data we hold to inform relevant third parties such as your employer, school email/Internet provider or law enforcement agencies about the content and your behaviour.

Legal disclaimer

We are not responsible nor will be liable to you in any way for events beyond our direct control. Because of the complex and constantly changing nature of our technology and business, we cannot guarantee nor do we represent that our performance will be error free, and to the maximum extent permitted by law we will not be liable for any direct, indirect, incidental, consequential or punitive damages or other loss suffered by you and relating to the use or release of your personal data.

How long we will hold personal data about you

We will hold personal data about you on our systems for as long as is necessary for the relevant service, or as long as is set out in any relevant contract you hold with EMI, subject to any applicable laws and/or regulations. In the case that you wish to cancel your registration as a member of the Website once an account is deleted, people cannot use the personal data about you other than for administrative purposes, but it stays on the system for a period of one year for administration purposes before being deleted.

Where you contribute to the Website, we will generally only keep your content for as long as is reasonably required for the purpose(s) for which it was submitted.

Further Information; How to contact us

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 of the information we have about you, and to correct any inaccuracies, change your options in relation to the information you wish to receive or to cancel your registration, please write to The Data Controller, EMI Group Limited, 27 Wrights Lane, London W85SW. Any access request may be subject to a fee of £10 to meet our costs in providing these details. Residents of the United States may send questions and communications regarding personal data and our privacy policy to privacypolicy@emimusic.com

Terms & Conditions

Who We Are

We are EMI Records Limited registered in England and Wales under company registration number 00068172, registered office at 27 Wrights Lane, London W8 5SW.

These terms of sale (“Terms”) govern your relationship with EMI Records Limited (“EMI”, “we”, “our”, “us”) when you use our online services (“Services”) via this specific check out area with URL [cart.html] (“Store Area”). From time to time we may use the services of third parties to assist us in the provision of this Store Area, however, unless otherwise stated, the services available on this Store Area are provided to you by EMI.

By purchasing products via this Store Area, you acknowledge that only the Store Area is controlled by EMI and you accept and agree to these Terms (which include our Privacy Policy, and you agree that your use of this Store Area, including any transaction you make, is subject to these Terms. If you do not agree to all of these Terms, you may not use this Store Area.

You should print a copy of these Terms for future reference.

Changes to these Terms

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

You will be subject to the policies and Terms in force at the time that you order products from us, unless any change to those policies or these Terms is required to be made by law or government authority (in which case it may also apply to orders previously placed by you).

Store Area Content

The Services, this Store Area (including without limitation) all trademarks, music recordings, lyrics, audio and audio visual clips, digital downloads and posters (“Content”) are owned and controlled by or licensed to EMI, its affiliates and/or licensees. All rights in the Content are the sole and exclusive property of EMI or such affiliates, licensors and/or licensees.

Unless otherwise specified, this Store Area, the Services and Content are for your personal and non-commercial use only.

You may not without our express written agreement use, transfer, copy or otherwise reproduce or modify any part of the Store Area, the Services, the Content or any source HTML code in any form or by any means (electronic, mechanical or otherwise) except for the sole purpose of using the Services and viewing or using the Content as permitted.

System Requirements

Purchases via the Store Area require a compatible terminal or device, internet 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 Store Area

You may not:

• restrict or inhibit any other user from using and enjoying this Store Area or the Services;
• act in any way that would damage, disable, overburden, or impair this Store Area or the Services or effect 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 Store Area 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 Store Area for commercial purposes;
• engage in spamming, flooding, harvesting of email 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 EMI cookies for purposes which are unrelated to the Services);
• attempt to gain unauthorised access to other computer systems through this Store Area or obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Store Area; or
• reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of or access to this Store Area or the Contents or the Services.

Your Use of our Software

Software used to provide the Services (Software) is owned by or licensed to us, our affiliates or our software suppliers. All rights in the Software are the sole and exclusive property of EMI or our suppliers. You may use the Software only for the purpose of using the Services in accordance with these Terms 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 any content other than the Content to EMI 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.

Registration and Passwords

If a particular Service requires you to register with the Store Area 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 Store Area 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. You may not use another person's account at any time without the express permission of the account holder.

You are responsible for ensuring that the information we hold is up-to-date.

Please see the Privacy Policy for further explanation as to how we use the information we collect from you and how we use cookies and traffic analysis tools.

Our Products

Our Store Area may allow you to:

• purchase physical products e.g. apparel and other merchandise;
• download digital products e.g. music and videos;
• purchase mobile products e.g. music, videos and other Content such as wallpaper, screensavers and logos;
• download (and/or participate in online) games, at a cost or free of charge;
• stream services to enable you to preview and/or listen to and/or watch music and videos online; and/or
• subject to any separate specific terms and conditions, offer such services to you on a subscription basis.

If we decide to offer any additional products in the Store Area, such future products will also be covered by these Terms.

You should ensure that your computer meets the minimum technical requirements for the Services, i.e. has an internet, JavaScript and Cookies enabled browser installed. You may be required to install third party software to access some or all of these Services. You are responsible for ensuring that the software functions correctly with the relevant Service. Terms and conditions provided by the software supplier may apply to your use of the software.

You may need to register with the Store Area before using the Services.

By placing an order through our Store Area, you warrant that:

• you are legally capable of entering into binding contracts; and
• you are at least 18 years old.
• If you are under the age of 18 years and/or are not capable of entering into binding contracts but wish to use this Store Area, a parent or guardian should accept these Terms on your behalf

Making an Order (Digital and Physical Products including Games and Mobile Products/Services if applicable) (see below Mobile Products/Services purchased via SMS)

Follow the onscreen instructions on the Store Area to make an order.

Items which you select for purchase, download and/or streaming (as applicable) will automatically be placed in your “shopping basket”. To remove an item from your shopping basket, simply click on the remove (or similar) button next to the item as it appears in your basket.

Once you have pressed the checkout (or similar button you will be asked to provide certain information to allow us or a service provider engaged by us to process your order (including your selected payment method and card details).

You will receive an order summary confirmation on screen and/or by email (provided that you have provided us with a valid email address) acknowledging that we have received your order. This does no’t mean that your order has been accepted. Your order represents an offer to us to purchase a particular item which is accepted by us only when we send you an email (“Dispatch Confirmation”) confirming:

• in the case of physical products: that that particular product has been dispatched (in the case of physical products), or (if appropriate);
• in the case of digital content: instructions for accessing your digital content.

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 in accordance with our Refund Policy. Where your order was for products of a “hybrid” nature (e.g. a physical and digital product) we will refund the relevant element of the order in accordance with our cancellation policy for that particular product.

Payment (Digital and Physical Products, including Games and Mobile Products/Services if applicable) (see below for Mobile Products/Services purchased via SMS)

We can accept only (i) Visa and MasterCard Credit Cards for purchases (including delivery charges) totalling up to a maximum of GBP £5.00, and (ii) Visa, Visa Debit, Visa Delta, Visa Electron, Visa Connect, MasterCard, JCB, Maestro, American Express and Solo cards and PayPal payments for purchases (including delivery charges) totalling GBP £5.01 or more. Prices appear on the Store Area and are inclusive of VAT unless otherwise stated. We may change the prices for products at any time by posting new prices in the Store Area.

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.

Prices may exclude delivery charges, which may be added to the total amount and will be calculated and displayed on screen prior to your payment details being taken. There are no delivery charges for digital content. The purchase will appear on your credit card or bank statement as Digital Stores or WorldPay depending on the service provider for this Store Area.

It is always possible that, despite our best efforts, some of the items listed on our Store Area may be incorrectly priced. We will usually verify prices as part of our dispatch procedure so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our Store Area, we will usually, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at an incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and could have reasonably been recognised by you.

Billing to your credit or debit card will take place prior to or at the time of dispatch in respect of physical products or at the time of your purchase or soon afterwards in respect of digital content.

EMI may use a third party service provider to process payments, but will ensure that any payment processor engaged by EMI will use Secure Sockets Layer (SSL) Security to encrypt credit or debit card data.

Making an Order and Payment for Mobile Products and Services

This Store Area may allow you to purchase Content such as ringtones, realtones and wallpapers using your mobile phone, by either:

• texting the relevant product code of your chosen product to the number advised from time to time; or
• texting a keyword which will transfer you to the artist’s WAP site where you can browse and select products for purchase.

Follow the onscreen instructions on the Store Area to use these Services.

Your order represents an offer to us to purchase an item which is accepted by us only when we send you an SMS confirming your order. You will receive an order confirmation by SMS once your order has been accepted. We may reject your order for any reason prior to acceptance. If we reject your order after payment has already been taken, we will immediately provide you with a refund.

This is not a subscription service.

You may purchase Content for your personal and non-commercial use only. We may withdraw Content and products from the Store Area at any time.

Please check your handset and network compatibility before ordering as refunds cannot be offered where an order has been placed for a non-compatible phone. Handset compatibility lists will be available on the relevant Store Area page applicable to the relevant product or service.

Please ensure your handset is WAP compatible and that your WAP service is activated. To activate your WAP service please contact your mobile operator.

There may be limits on the volume of content that can be stored on your mobile at any one time. For further information, please refer to the manufacturer of your handset.

This Service is available in the UK only.

Please ensure that you have the bill payer's permission before placing your order.

Charges for ringtones, realtones and wallpapers may be made by reverse text and will be deducted from your available credit if you are a pre-pay customer or will otherwise appear on your mobile phone bill. The charge for the Content is made, not when you text your order, but when we deliver the Content.

The text you send in and any download charges made by your network operator will be at your normal operator rate.

Cancellation, Delivery and Usage Rules

Digital Content

Cancellation

We are not able to cancel your purchase once we begin the process of delivering your order e.g. supplying your download or starting the streaming process.

Delivery

Each download item made available or purchased can be accessed via the relevant area of the Store Area using your log in details and/or following the onscreen instructions. If any streaming items are made available, all such streaming items made available or purchased can be accessed immediately after payment is authorised by following the instructions provided on screen or via email.

Usage Rules

You may purchase downloads or stream digital content (as applicable) for your personal and non-commercial use only. In the event you experience any problems in downloading the relevant download item we will allow you to subsequently attempt to download the relevant download item. In the event you experience any problems when downloading, please contact us using the form above (section 'Products' > 'Downloads').

Please note that we may withdraw products from the Store Area at any time. You may make such copies of a product as specified by any specific usage rules to that product, or such copies as are reasonably necessary for your personal, non-commercial use as applicable. You will not be entitled to burn audio-visual products. DRM software may be used from time to time to prevent any unlawful use.

Physical Products

Cancellation

You may cancel your purchase at any time within 14 days for any reason, beginning on the day after you receive the product(s). In this case, you will receive a credit voucher of the price paid for the product(s) in accordance with our refunds policy set out below. For clarity, where your order was for products of a “hybrid” nature (e.g. a physical and digital product) and we have begun the process of delivering your digital product order, we will refund the relevant physical element of the order in accordance with our cancellation policy as set out in this section.

To cancel, you must inform us in writing. Please return the product to us immediately in the same condition you received it (at your own cost and risk). You have a legal obligation to take care of the product while it is in your possession. If you fail to do so, we may have a claim against you for compensation.

Further details of this 14 day cooling-off period, and an explanation of how to exercise your right to cancel, are provided in the Dispatch Confirmation for physical goods. Details of our Refunds Policy can also be found below.

This right to cancel does not apply:

• where CDs and/or DVDs (or other such audio or audio-visual products) have been unsealed;
• where the product has been made to your specification;
• to digital content (see section above); or
• where the product, by reason of its nature, cannot be returned.

Your statutory rights are unaffected by the list above.

Delivery

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no date is specified, then within 30 days of the Dispatch Confirmation, unless there are exceptional circumstances.

If an item does not arrive or is damaged when it arrives, we will issue a refund or credit note or send you a replacement item provided you notify us within 60 days of the dispatch email being sent.

Risk and Title

Products purchased will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.

Mobile Products/Services

Cancellation

We are not able to cancel your purchase once we begin the process of delivering your order.

Delivery

If your order is accepted you will be sent a link via SMS - click on the link to download your chosen product to your mobile handset. Please allow up to 24 hours for delivery of the link to your mobile handset.

Usage Rules

You may store one copy of purchased Content on your mobile. You may not copy, modify or forward any purchased Content.

Refunds Policy

If you cancel your purchase of physical products within the 14-day cooling-off period detailed above (Cancellation, Delivery and Usage Rules Section), we will process the refund credit voucher due to you as soon as possible and, in any event, within 30 days of the day you gave notice of your cancellation. In this case, we will refund a credit voucher at the price of the product in full, including the cost of delivering the item to you, provided that you have taken reasonable care of it and the item has been returned unopened and in its original packaging. However, you will be responsible for the cost of returning the item to us. For clarity, where your order was for products of a “hybrid” nature (e.g. a physical and digital product) and we have begun the process of delivering the digital part of your product order, we will refund credit for the relevant element of the order in accordance with our cancellation policy for that particular product.

If you seek to cancel your purchase because you claim that the product is defective or that there has been damage or error on our part, we will examine the returned product and will notify you of your refund voucher or otherwise via email within a reasonable period of time.

In the event that we have to cancel your order after payment has been taken, as outlined in the section above, we will notify you of our need to cancel your order and supply you with a refund voucher as soon as possible.

We will usually process any refund voucher due to you as soon as possible and, in any event, within 30 days of the day we confirm to you via email that you are entitled to a refund. Products returned by you because of a defect will be refunded as a credit voucher in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

We will usually make any refund using the same method originally used by you to pay for your purchase.

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 EMI or the relevant third party supplier as appropriate. 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 Services;
• your failure to comply with instructions for use of the Services; or
• an event which is outside of our reasonable control,

and in addition, in relation to mobile services only:

• your mobile handset being incompatible with the Services;
• your mailbox being full and unable to receive Content;
• your handset having limited signal;
• your failure to comply with instructions for use of the Services; or
• an event which is outside of our reasonable control (including, but not limited to, any technical problems arising from the provision of services by a third party whose services you elect to access).

Import duty

Products ordered from our Store Area for delivery outside the UK may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

You must make sure that you comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

Games

We may from time to time provide access via the Store Area to games, applications, and other such features (the “Games”) that may be accessed by you subject, in addition to the Terms, to the following specific provisions:

• Unless otherwise specified, all content, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software accessible via the Store Area (collectively the “Materials”) are the property of EMI, or its suppliers, and are protected by UK and international copyright, trade mark and other relevant intellectual property and proprietary rights laws.
• You may access and use the Games and the Materials only for your personal and non-commercial use and, if applicable, in accordance with the terms of the end user licence agreement that accompanies or is included with the Games and which is incorporated into these Terms by reference.
• Except as expressly authorised by us in writing, you may not modify, download, reproduce, copy, sell, post, transmit, create derivative works from, publicly perform, publicly display, distribute or otherwise use the Games or the Materials for any other purpose.
• You may not link to or frame the Games or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EMI without first obtaining our express written consent.
• You may not use any meta tags or any other “hidden text” using our name or trademarks without our express written consent. Any unauthorised use terminates immediately the permission or licence granted by us.
• You agree that EMI in its sole discretion may terminate, modify, delete or suspend your access to the Games, or any part thereof, with or without notice to you. In the event of termination for any breach of these Terms, all unused credit if applicable, and/or other aspects of your Games account will be forfeited.
• Your use of the Games is subject to other EMI policies and rules posted on the Store Area, including the Privacy Policy. We reserve the right to make changes to the Games, the policies, the rules, and these terms at any time.

When you access the Games you are communicating with us electronically. You hereby consent to receive such electronic communications.

The Games are provided on an “as is” and “as available” basis. EMI makes no representations or warranties of any kind, express or implied, as to the operation of the Games or the information, content, materials or products included on or accessed /downloadable from the Store Area. You expressly agree that your use of the Games is at your sole risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such information, content, material or products. EMI does not warrant that the Games, its servers, or any electronic communications sent to you are free of viruses or other harmful components.

Termination

We may, in our sole discretion, terminate your password, account (or any part thereof, if any) or use of this Store Area without notice if you are in breach of these Terms or if we believe in our absolute discretion that your use of the Services or the Content 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 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 Store Area).

Liability

We warrant to you that any goods purchased from us through our Store Area are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

In relation to our supply of products via this Store Area (including both digital and physical products) our liability for losses which you suffer is strictly limited to the purchase price paid by you, if any, and any losses which are a foreseeable consequence of us breaching these Terms. Losses are foreseeable if they are contemplated by you and us at the time your order is accepted by us. We are not responsible for indirect losses which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.

EMI shall not be liable for any damages of any kind arising from the use of the Games, including but not limited to direct, indirect, incidental, and consequential loss, including lost profits, goodwill, or any other intangible loss, even if EMI has been advised of the possibility of such loss. If you are an individual consumer, this may not apply to you and instead EMI will be liable to you only for the direct and actual loss suffered by you and will not be liable for any indirect, incidental, and consequential loss, even if EMI has been advised of the possibility of such loss.

You agree to indemnify EMI, its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim or demand made by any third party due to, or arising out of or related to your breach of these Terms, misuse of the Games, or your violation of any applicable law, rule, regulation or third party right.

This Section does not in any way limit or exclude our liability:

• for death or personal injury caused by our negligence;
• under section 2(3) of the Consumer Protection Act 1987;
• for fraud or fraudulent misrepresentation; or
• for any other matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

Transfer of Rights and Obligations

The contract between you and us created by these Terms (the “Contract”) is binding on you and us and on our respective successors and assigns.

You may not transfer or assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge or sub-contract the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract provided that we remain primarily liable for our obligations under the Contract where applicable.

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. Our performance under these Terms is deemed to be suspended for the period that any such event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by means of which our obligations may be performed despite such event.

General

These Terms, together with any documents or links to other terms referred to in them, constitute the whole agreement between you and us and supersede and extinguish any prior understandings, agreements or terms between you and us.

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

No breach by either you or us of any provision of these Terms shall be waived or discharged except with the express written consent of the other.

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

These Terms shall be binding on and endure for the benefit of each party’s successors in title.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with English law and you and we hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts as regards any claim or matter arising in relation to these Terms.

If you order products from our Store Area for delivery outside the UK they may be subject to import duties and taxes that are levied when the delivery reaches the specified destination. You will be responsible for the payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

Communication

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Store Area, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Store Area. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. For the avoidance of doubt, all communications, including the conclusion of the contract, will be in English. This does not affect your statutory rights.

All notices given by you to us must be given to us at the address set out above (Who We Are) or you can contact customer services using the form above (under the 'Any other questions' section). We may give notice to you at the email or postal address you provide to us when placing an order or registering with the Store Area, or by posting the notice on the Store Area. Notice will be deemed received immediately when posted on our Store Area, 24 hours after an email is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressee.