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Website Terms and Conditions of Use 

store.hmv.com is a website operated by HMV Ecommerce Limited incorporated and registered in England with company number 09321397, whose registered office is at 80 NEW BOND STREET, LONDON, W1S 1SB and whose principal place of business is at MERMAID HOUSE, PUDDLE DOCK, BLACKFRIARS, LONDON, EC4V 3DB. 
The registered VAT number of HMV Ecommerce Limited is GB 205 963 701. 


DEFINITIONS

The following definitions shall apply to the Website Terms and Conditions of Use and the Terms and Conditions of Sale.  

Content’ – means all software, photographs, video clips, graphics, sound, audio recordings and all other content shown on the Website.
HMV Ecommerce’, ‘us’, ‘we’, ‘our’ – means HMV Ecommerce Limited.
United Kingdom’ – means England, Scotland, Wales, Northern Ireland and the Channel Islands.
Website’ – means the website at store.hmv.com.
Website Terms’ – means (i) the Website Terms and Conditions of Use and (ii) the Website Terms and Conditions of Sale. 
you’ and ‘your’ – means a user of the Website.


USE OF THE WEBSITE

This Website is provided to you free of charge, and this Website and the services provided and goods available to order through it are for your personal, non-commercial use. You may only make use of the Content to the extent necessary to allow you to use the Website and the services provided through it as is permitted by the Website Terms. You shall not use the Content and/or Website for any illegal or immoral purpose, or otherwise frame, link or deep-link this Website to any other website without the prior written consent of HMV Ecommerce. 

You agree that you will not (i) use the Website for the posting or transmitting of any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially, ethnically, homophobic or otherwise objectionable material of any kind; (ii) upload files that contain viruses, trojan horses, worms, cancelbots, social engineering, corrupted files or other such similarly destructive features; or (iii) in any other way damage, disable or impair the operation of this Website or attempt to gain unauthorised access to the Website or to networks connected to it, through hacking, spoofing or other such similar means.

We do not guarantee that the Website, or any Content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. 

USE OF THE WEBSITE FROM OUTSIDE THE UNITED KINGDOM

The Content on this Website is displayed solely for the purposes of promoting HMV Ecommerce products and services within the United Kingdom. Those who choose to access the Website from places outside the United Kingdom are responsible for compliance with local laws if and to the extent that local laws are applicable. 

PARENTAL RESPONSIBILITY

Parents and guardians should note that some of the audio recordings, videos, images or text contained on the Website may not be suitable for children and it is the parent or guardian’s responsibility to supervise use of the Website. 

MATERIAL ON THE WEBSITE

All Content contained on the Website is the property of HMV Ecommerce, its affiliates and/or licensors. The Content may not be used except as provided for in these Website Terms, without the written permission of HMV Ecommerce, its affiliates or such third party licensors. 

Where Content published on the Website is supplied by third parties, HMV Ecommerce do not purport to endorse such Content in any way. All Content which is offered by third parties, is published in good faith but we do not (to the extent permitted by the applicable law) accept any responsibility for the accuracy, reliability, timelines, or otherwise of such Content (whether published on or offline) or for the use of such Content. 

All sound and audio recordings on the Website are subject to copyright and you may not copy, reproduce, download, modify or in any other way, electronically or otherwise, commercially exploit any, including any part of, the sound and audio recordings on the Website. Such recordings are provided on the Website for informational purposes only.

INTELLECTUAL PROPERTY

The Content of the Website is protected by copyright, database right, trade mark law and other international intellectual property rights. The owner of these rights is HMV Ecommerce, its affiliates or other third party licensors. You acquire no rights or licences in or to the Website or any of its Content, other than the limited right to use the Website in accordance with these Website Terms or in order to use services available on the Website. 

All product and company names and logos mentioned in the Website are the trademarks or trading names of their respective owners, including HMV Ecommerce and its affiliate companies. 

You may not modify, copy, reproduce, republish, disassemble, decompile, reverse engineer, create derivative works from, interfere with, display, circulate, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Website, including but not limited to text, graphics, video, messages, code and/or software without the prior written consent of HMV Ecommerce, except where expressly invited to do so on the Website, for example, in order to complete any test or questionnaire.

OWNERSHIP OF SUBMISSIONS

Other than personal data (which is subject to our Privacy Policy and Cookie Policy) all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted to HMV Ecommerce on or through the Website shall become and remain the property of HMV Ecommerce once submitted. 

EXCLUSIONS OF LIABILITY

HMV Ecommerce exclude all representations, warranties, conditions and terms (whether expressed or implied by statute, common law or otherwise) to the fullest extent permitted by law. We will accept no liability for any losses or damages which are not reasonable foreseeable arising out of or in connection with these Website Terms or your use of the Website.

WARRANTY AND LIABILITY

This Website, its Content, and any software products and services offered through it are provided on an "as is" and "as available" basis. We will carry out our responsibilities in hosting the Webite and its Content with reasonable skill and care, but we do not guarantee that it will be fault free or meet your requirements. 

Save in respect of death or personal injury resulting from our negligence or fraud, neither HMV Ecommerce nor any of its directors, employees or other representatives will be liable for loss or damage (whether direct or indirect) howsoever arising out of or in connection with your use of the Website. We do not accept liability for any losses or claims arising from any inability to access the Website or any failure to complete a transaction.

DAMAGE TO YOUR COMPUTER OR OTHER DEVICE

HMV Ecommerce uses industry standard protections and reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any Content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. 

Except where required by applicable law, HMV Ecommerce shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.

LINKS TO OTHER WESBITES

Where we have placed links on the Website to other websites, we do not have any control over their content and cannot accept any responsibility for the content or privacy policies of these websites.    

ACCURACY OF INFORMATION

Whilst HMV Ecommerce use reasonable efforts to include accurate and up to date Content on the Website, to the fullest extent permitted by law, we exclude all warranties, whether express or implied, or representations as to its accuracy, suitability, timeliness or completeness. 

COMPLIANCE WITH LAWS

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website. 

UPDATES TO THE WEBSITE TERMS

HMV Ecommerce reserve the right to change the Website Terms at any time. Any such change shall take effect when posted on the Website and it is your responsibility to read the Website Terms on each occasion that you use the Website and your continued use by accessing, browsing, registering with, or placing an order on the Website, shall signify your acceptance to be bound by the then current Website Terms. If you do not agree to the Website Terms in their entirety you should not use the Website.


Version: October 2017

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