Pretty Ricky

PRETTY RICKY RECORDS TERMS OF USE AGREEMENT

This mobile storefront is an online wireless enhancement service provided by Atlantic Records, Inc. ("Atlantic Records"). These terms, conditions and notices (the "Terms") will apply to all sales of ringtones, compressed audio ringtones, wallpapers, screensavers, logos, message tones, games and other downloadable or delivered mobile content ("Products") made to you (the "Customer") via this website (collectively, the "Service").

PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SERVICE. USE OF THIS SERVICE IS CONDITIONED UPON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THESE TERMS. YOUR USE OF THIS WEBSITE INDICATES YOUR AGREEMENT TO ALL SUCH TERMS. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT USE THE SERVICE.

1. AGE. You must be at least 18 years of age to purchase Products through this Service.

2. PERSONAL USE. Unless otherwise specified, the Service is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained through the Service. You may not copy or distribute the Service or the Downloads in any manner not expressly authorized by the Service.

3. TRADEMARKS. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of Atlantic Records and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner.

4. INTELLECTUAL PROPERTY. Atlantic Records respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any use of the Service or the Downloads constitutes copyright infringement, please send a notice to customer service at Warner Music to: Litigation Counsel, 75 Rockefeller Plaza, New York, New York 10019. The notice must contain the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf; (b) description of the copyrighted work(s) that is/are allegedly being infringed; (c) the location of the allegedly infringed work(s); (d) your current contact information (e.g. address, phone number, and email address); (e) a statement that you have a "good faith belief" that the use of the complained-of copyrighted work(s) is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you signed under penalty of perjury that all the information you provide in the notice is accurate and that you are the copyright owner or a person authorized to act on the copyright owner's behalf (all of this collectively is a "Notice").

5. UNLAWFUL USE. You will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service, nor the hardware, software or other networking infrastructure which enables the Service, nor will you interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service; your own or other person's accounts; or computer systems or networks connected to the Service, through any means. You may not attempt (or authorize, encourage or support others' attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Service, including the Downloads. You agree to advise Atlantic Records promptly of any such unauthorized use(s) or attempt(s). Atlantic Records reserves the right at any time to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.

6. LICENSE. Atlantic Records hereby grants to you, the purchaser, a revocable personal, non-transferable license to use the purchased product(s) in accordance with these Terms, and for no other purpose provided that you keep intact all copyright and other proprietary notices. You understand and acknowledge that the Downloads made available as part of the Service are owned by Atlantic Records, its business partners, affiliates and/or licensors, as applicable, and are protected by intellectual property laws. You understand and agree that you may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the Downloads except as expressly provided in this Agreement. You understand and agree that you may not authorize, encourage or allow any Downloads used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any other party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of them. Any reproduction or redistribution of the Product(s) is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

7. TERMINATION. Atlantic Records reserves the right to terminate your access to the Site/Service at any time, without notice.

8. PRICING AND PAYMENT. The price of any Product purchased through the site will be the price specified in the site at the time of your purchase. Payment may be made via your monthly wireless bill, or (in some cases, if available) MasterCard, Discover, American Express, Visa, or PayPal. When choosing to pay through your monthly wireless bill, the purchaser warrants that he/she is the subscriber to whose name appears on that wireless bill, or that they have the permission from the subscriber whose name appears on that wireless bill. Upon presentation of a credit card number, the purchaser warrants that he/she is the cardholder or has the permission of the cardholder to use the cards and that the billing information provided is accurate. Atlantic Records will not issue refunds based upon inaccuracies represented by the purchaser. By approving the purchase of the product, you authorize Atlantic Records or its agents, m-Qube, Inc., or B3 Corporation, to charge the Card, PayPal account, or monthly wireless bill for the purchase.

9. TAXES. Atlantic Records reserves its right to collect applicable taxes and impose premium surcharges for certain features of the Service.

10. REGISTRATION. Purchasing Products through this site requires you to open an account. You must complete the registration process by providing Atlantic Records with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Atlantic Records immediately of any unauthorized use of your account or any other breach of security. Atlantic Records will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Atlantic Records or another party due to someone else using your account or password. The Service subscription is not transferable, such that you may not authorize other persons to use your account. Any distribution by you of your account name and password my result in cancellation of your subscription without refund and in additional charges based upon unauthorized use.

11. DELIVERY. Delivery of Product(s) purchased pursuant to these Terms will be made directly to your cellular phone. The details of the delivery process will be provided to you at the time of purchase. Delivery is conditional. In order for proper delivery, your cellular phone must be turned on; capable of receiving the Product(s); set to receive text messages and, in some cases, able to retrieve files via a WAP browser and/or BREW application. Please note that not all mobile phones have these capabilities, and that some do not allow the storage of new ringtones. Ordered Product(s) can only be delivered when a compatible cellular phone is on a compatible network, a full list of which is available on the site. Provided that the cellular phone and cellular phone provider's network will accept the Product(s), delivery of the Product will occur within 24 hours of completion of the order. Typically, delivery of the Product(s) occurs within a matter of seconds. In case you have difficulty retrieving the Product, it will remain available through the same means until such time as you successfully download it. If the Product(s) has not been successfully delivered, please notify us within 7 days. If you do not notify us within this period, we will presume that the Product(s) has been received. If the Product(s) cannot be delivered, Atlantic Records will refund the payment, provided that the Product's non-delivery to the cellular phone is not the result of the Purchasers error. If the Purchasers error caused the non-delivery, payment will not be refunded.

12. CUSTOMER SUPPORT. Please direct any questions concerning the use of this Service to the customer service representatives of Atlantic Records service provider, m-Qube, Inc. by using the following support form.

13. LINKED SITES. The Service may contain links to third party Web sites ("Linked Sites"). The Linked Sites may or may not be under the control of Atlantic Records. Unless otherwise stated in writing, Atlantic Records is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Atlantic Records shall not be responsible or liable for any part of any such dealings or promotions.

14. PRIVACY POLICY. Please review the terms of Atlantic Records privacy policy posted on the site.

15. RESPONSIBILITY AND RISK. You assume total responsibility and risk for your use of this Service. Atlantic Records does not make any warranties, express or implied, representations or endorsements with regard to the Service, merchants, information, or products offered on this Site.

16. WARRANTIES. The information, Products and Services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically made to the site and to the information therein. Atlantic Records and/or its authorized agents may make improvements and/or changes in the Service at any time. Atlantic Records and its authorized agents make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, products, services and related graphics contained within the Service for any purpose. All such information, products, services and related graphics are provided "as is" without warranty of any kind. Atlantic Records and its authorized agents hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. You specifically agree that Atlantic Records shall not be responsible for unauthorized access to or alteration of your transmissions of data and for any material or data sent or received or not sent or received. You specifically agree that Atlantic Records is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.

17. INDEMNITY. You agree to indemnify and hold harmless Atlantic Records and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of the Service, including the Messaging Systems and the Downloads (collectively "Claims"), and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claims.

18. DAMAGES. In no event shall Atlantic Records or its authorized agents be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Atlantic Records Site/Service, with the delay or inability to use the Atlantic Records Site/Service or related services, the provision of or failure to provide services, or for any information, products, services and related graphics obtained through the Atlantic Records Site/Service, or otherwise arising out of the use of the Atlantic Records Site/Service, whether based on contract, tort, negligence, strict liability or otherwise, even if Atlantic Records or any of its authorized agents have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Atlantic Records Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Atlantic Records Site.

19. JURISDICTION. This agreement is governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Los Angeles County, California, U.S.A. in all disputes arising out of or relating to the use of the Atlantic Records Site. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Atlantic Records as a result of this agreement or use of the Atlantic Records Site. You agree to indemnify and hold Atlantic Records, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Atlantic Records Site. Atlantic Records reserves the right to disclose any personal information about you or your use of the Atlantic Records Site, including its contents, without your prior permission if Atlantic Records has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Atlantic Records or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Atlantic Records' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Atlantic Records' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Atlantic Records Site or information provided to or gathered by Atlantic Records with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Atlantic Records with respect to this Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Atlantic Records with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

20. INTERNATIONAL CONSIDERATIONS. Currently, the Service is only available to residents of the United States and Canada. You understand and acknowledge that you may not sign up for, access, or attempt to access or use the Service from countries outside of the U.S. and Canada. You agree to abide by U.S., Canadian and other applicable export control laws and not to transfer, by electronic transmission, the Messaging Systems or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.

21. MODIFICATION. Atlantic Records reserves the right to modify this agreement at any time without notice. Modifications to this agreement will be effective immediately as of the date that modification is posted on the service. You are responsible for regularly reviewing these terms and conditions for modifications. Your continued use of the Service indicates your knowledge and acceptance of the agreement and any subsequent modifications.

Atlantic Records ONLINE PRIVACY NOTICE

Thank you for visiting Atlantic Records website. Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Atlantic Records site. Click here for a list of the Atlantic Records businesses whose sites are governed by this Privacy Notice.

The Information We Collect

At some PRETTY RICKY Records sites, you can order products, purchase content for mobile devices, enter contests, vote in polls or otherwise express an opinion, subscribe to one of our services such as our online newsletters, or participate in one of our online forums or communities. The types of personally identifiable information that may be collected at these pages include: name, address, e-mail address, telephone number, mobile phone number, fax number, credit card information, and information about your interests in and use of various products, programs, and services.

At some other PRETTY RICKY Records sites, you can submit information about other people. For example, you might submit a person's name and e-mail address to send an electronic greeting card and, if you order a gift online and want it sent directly to the recipient, you might submit the recipients name and address. The types of personally identifiable information that may be collected about other people at these pages include: recipient's name, address, e-mail address, and telephone number.

At certain parts of some of our sites, only persons who provide us with the requested personally identifiable information will be able to order products, programs, and services or otherwise participate in the site's activities and offerings.

We also may collect certain non-personally identifiable information when you visit many of our web pages such as the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using, (e.g., Windows 95 or Mac OS) and the domain name of your Internet service provider (e.g., America Online, Earthlink).

How We Use the Information

We may use the information you provide about yourself to fulfill your requests for our products, programs, and services, to respond to your inquiries about our offerings, and to offer you other products, programs or services that we believe may be of interest to you.

We sometimes use this information to communicate with you, such as to notify you when you have won one of our contests or when we make changes to our subscriber agreements, to fulfill a request by you for an online newsletter, or to contact you about your account with us.

We use the information that you provide about others to enable us to send them your gifts or cards. From time to time, we also may use this information to offer our products, programs, or services to them.

The information we collect in connection with our online forums and communities is used to provide an interactive experience. We use this information to facilitate participation in these online forums and communities and, from time to time, to offer you products, programs, or services.

If you choose to submit content for publication (e.g., a "letter to our editors"), we may publish your screen name and other information you have provided to us.

We sometimes use the non-personally identifiable information that we collect to improve the design and content of our site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze site usage, as well as to offer you products, programs, or services.

We may disclose personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request.

Agents and contractors of PRETTY RICKY Records who have access to personally identifiable information are required to protect this information in a manner that is consistent with this Privacy Notice by, for example, not using the information for any purpose other than to carry out the services they are performing for PRETTY RICKY Records.

Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Notice.

Certain PRETTY RICKY Records sites may disclose personally identifiable information to companies not owned by PRETTY RICKY Records (e.g., other marketers, magazine publishers, retailers, participatory databases, and non-profit organizations) that want to market products or services to you. If a site shares personally identifiable information, it will provide you with an opportunity to opt out or block such uses. For instructions on how to opt out from such disclosures, please click here.

PRETTY RICKY Records may on occasion combine information we receive online with outside records to enhance our ability to market to you those products or services that may be of interest to you. If you prefer not to receive marketing information from this site, click here for instructions on how to make your request. Please be sure to include your name and email with your request.

Finally, PRETTY RICKY Records sites will not use or transfer personally identifiable information provided to us in ways unrelated to the ones described above without also providing you with an opportunity to opt out of these unrelated uses. In the case of mobile phone numbers, we will not send you unsolicited text messages or other forms of wireless data without your specifically opting in to receive that content. We will not initiate a voice call to a wireless device to contact you, and all other restrictions on use of other types of personal information apply.

Collection of Information by Third-PartySites and Sponsors

Some of our sites contain links to other sites whose information practices may be different than ours. Visitors should consult the other sites' privacy notices as we have no control over information that is submitted to, or collected by, these third parties.

PRETTY RICKY Records sites sometimes may offer content (e.g., contests, sweepstakes, or promotions) that is sponsored by or cobranded with identified third parties. By virtue of these relationships, the third parties may obtain personally identifiable information that visitors voluntarily submit to participate in the site activity. PRETTY RICKY Records has no control over these third parties' use of this information. The PRETTY RICKY Records site will notify you at the time of requesting personally identifiable information if these third parties will obtain such information.

Some PRETTY RICKY Records sites may use a reputable third party to present or serve the advertisements that you may see at its Web pages. Our privacy policy does not cover any use of information that a third-party ad server may have collected from you. For more information on this site's use of such third-party ad servers, please click here.

Cookies

To enhance your experience with our sites, many of our web pages use "cookies." Cookies are text files we place in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at one of our sites. However, once you choose to furnish the site with personally identifiable information, this information may be linked to the data stored in the cookie.

We use cookies to understand site usage and to improve the content and offerings on our sites. For example, we may use cookies to personalize your experience at our web pages (e.g., to recognize you by name when you return to our site), save your password in password-protected areas, and enable you to use shopping carts on our sites. We also may use cookies to offer you products, programs, or services.

Our Commitment to Security

We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.

How You can Access or Correct Information

For instructions on how you can access the personally identifiable information that this PRETTY RICKY Records site has collected about you online, or how to correct factual errors in such information, please click here.

To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access or making corrections.

Special Note for Parents

The site you are visiting is one of the PRETTY RICKY Records general audience sites. For more information about our online privacy practices for children's sites, consult the privacy notice at the children's site in which you are interested.

How to Contact Us

If you have any questions or concerns about the PRETTY RICKY Records online policy for this site or its implementation you may contact us at privacy@wmg.com.