TERMS AND CONDITIONS 

APPLICABLE TO WEBSITES AND MOBILE APPLICATIONS 

OF  

SONY MUSIC ENTERTAINMENT ASIA INC. 

These terms and conditions (the “Terms”) govern your access to and use of Sony Music Entertainment Asia Inc.’s websites and mobile applications (“Site”). By accessing or using the Site, you are agreeing  to these Terms and entering into a legally binding contract with Sony Music Entertainment Asia Inc. (“SME”). It is important that you read carefully and understand the Terms. Do not access or use the Site  if you are unwilling or unable to be bound by the Terms. 

Any references to “you” and “your” refer to you, as a user of the Site. References to “we”, “us” and “our”  refer to SME. 

  1. CHANGES TO THE TERMS AND CONDITIONS 

We may modify the Terms from time to time. When changes are made, we will notify you by making the  revised version available on this webpage, and will indicate at the top of this page the date that revisions  were last made. All material modifications will apply prospectively only. You should revisit these Terms on  a regular basis as revised versions will be binding on you. Any such modification will be effective upon  our posting of new Terms. You understand and agree that your continued access to or use of the Site  after any posted modification to the Terms indicates your acceptance of the modification. 

  1. USING THE SITE 
  2. Permission to Use the Site: We grant you permission to use the Site subject to the restrictions in  these Terms. We may terminate your permission to use the Site for any conduct that we consider to be  inappropriate, or for your breach of these Terms, including the Restrictions listed in paragraph 4. Your  use of the Site is at your own risk, including the risk that you might be exposed to content that is  offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. 
  3. Site Availability: The Site may be modified, updated, interrupted, suspended or discontinued at any  time, for any or no reason, without notice or liability to SME. 
  4. User Accounts: You may need to register to use part of the Site. We may reject or require that you  change any user name, password or other information that you provide to us in registering. Your user  name and password are for your personal use only and should be kept confidential; you are responsible  for any use of your user name and password, and you agree to promptly notify us of any confidentiality  breach or unauthorized use of your user name and password, or your Site account. We reserve the right  to close your account at any time, at our sole discretion, for any reason whatsoever. Furthermore, we  reserve the right to reveal your identity (including whatever information we know about you) in the event  of a complaint or legal action arising from any message posted by you or when necessary to protect  safety and security. 
  5. CONTENT 
  6. Responsibility for Your Content: You alone are responsible for the content of your messages, and  you agree to indemnify and hold harmless SME and our agents with respect to any claim based upon the  transmission of your message(s) and/or posting(s). We reserve the right to remove any messages for any  or no reason whatsoever. 
  7. SME’s Right to Use Your Content: By posting messages, uploading files, inputting data, or engaging  in any other form of communication through this Site, you are granting SME a royalty-free, perpetual, non exclusive, unrestricted, fully transferable, worldwide license to: (1) use, copy, sublicense, adapt, transmit,  publicly perform, or display any such communication; and (2) sublicense to third parties the unrestricted  

right to exercise any of the foregoing rights granted with respect to the communication. The foregoing  rights shall include the right to exploit any proprietary rights in such communication, including but not  limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. C. Ownership: All material on the Site, including, but not limited to, text, data, graphics, logos, button  icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned,  controlled by, or licensed to SME and is protected by copyright, trademark, and other intellectual property 

rights. Material on the Site is made available solely for your personal, non-commercial use and may not  be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way,  including by e-mail or other electronic means, without the express prior written consent of SME in each  

instance. You may download material intentionally made available for downloading from the Site for your  personal, non-commercial use only, provided that you keep intact any and all copyright and other  proprietary notices that may appear on such materials. 

  1. RESTRICTIONS 

The following rules, policies, and disclaimers shall apply to and/or govern your use of the Site (including,  without limitation, any bulletin boards, chat rooms, or other online services provided on this Site). We do  not review every message or confirm the accuracy or validity of information posted. We do not actively  monitor the contents of the postings and are not responsible for the content of any postings. We do not  vouch for or warrant the validity, accuracy, completeness, or usefulness of any message or information  posted. The contents of the postings do not represent the views of SME, its labels, or any person or entity  associated with SME. If you feel that any posting is objectionable, we encourage you to contact us by  email. We will make every effort to remove objectionable content if we deem removal to be warranted.  Please understand that removal or editing of any posting is a manual process and might not occur  immediately. 

  1. You agree not to, and will not assist, encourage, or enable others to use the Site to: i. Post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene,  profane, hateful, harassing, sexually oriented, threatening, invasive of anyone’s privacy, or otherwise in  violation of any law; 
  2. Post or transmit any material in violation of a third party’s copyright or other intellectual property or  proprietary rights; 

iii. Post or transmit any information or software that contains a virus, worm, defects, Trojan horses or  other items of a harmful, disruptive or deleterious nature; 

  1. Engage in commercial activity (including, but not limited to, sales, contests or sweepstakes) without  SME’s prior written consent; 
  2. Solicit, request or collect personal information for commercial or unlawful purposes; vi. Solicit personal information from minors; 

vii. Send bulk emails, surveys, or other mass messaging whether commercial in nature or not; viii. Engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results; or ix. Impersonate any other individual or entity. 

  1. You also agree not to, and will not assist, encourage, or enable others to: i. Restrict or inhibit any other user from using and enjoying the Site (for examples, by means of hacking or  defacement); 
  2. Utilize any robot, spider, site search/retrieval application, or other automated device, process or means  to access, retrieve, scrape or index any portion of the Site; 

iii. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any  portion of the Site or on any materials printed or copied from the Site; 

  1. Record, process or mine information about other users; 
  2. Reformat or frame any portion of the Site; 
  3. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or  disproportionately large load on SME’s technology infrastructure or otherwise make excessive traffic  demands of the Site; 

vii. Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks  connected to the Site through hacking, password mining or any other means; 

viii. Use any device, software or routine that interferes with the proper working of the Site, or otherwise  attempt to interfere with the proper working of the Site; 

  1. Use the Site to violate the security of any computer network, crack passwords or security encryption  codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site; or x. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the  Site, features that prevent or restrict the use or copying of Site content or features that enforce limitations  on the use of the Site. 
  2. UNSOLICITED SUBMISSIONS

SME and its employees do not accept or consider unsolicited sound recordings, musical compositions or  any other creative materials (collectively, the “Submission”). If, despite our policy, you still have  submitted unsolicited material to us then SME will not be obligated to treat your Submission as  confidential or proprietary and, by making such a Submission, you will be deemed to have acknowledged  that: (i) SME has no obligation and shall not be liable to you or to any person claiming through you based  on such Submission and (ii) you relinquish any claim whatsoever based upon your submission. 

  1. PRIVACY POLICY 

Use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by  reference. 

  1. THIRD PARTIES 

The Site may include links to other websites or applications (each, a “Third Party Site”). Unless  otherwise noted, SME does not operate, control or endorse any information, products, or services on any  Third Party Site. You agree that we are not responsible for the availability or contents of any Third Party  Sites and that your use of any Third Party Site is at your own risk. 

  1. INDEMNIFICATION 

You agree to indemnify, defend and hold harmless SME and its affiliated companies, officers, directors,  employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs,  including but not limited to reasonable attorneys’ fees, resulting from (i) your access to or use of the Site,  (ii) your violation of the Terms, (iii) your use of any products or services purchased or obtained by you in  connection with the Site, or (iv) the infringement by you, or any third party using your account, of any  intellectual property or other right of any person or entity. SME reserves the right, at your expense, to  assume the exclusive defense and control of any matter subject to indemnification by you. 

  1. WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY 

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF SME AND ITS  SUBSIDIARIES, AFFILIATES, AND LICENSORS. EACH OF THESE SUBSECTIONS BELOW ONLY  APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING  HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY  LIMITED. 

  1. THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS  AVAILABLE” BASIS. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. SME MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE  SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, SME IS NOT LIABLE  TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR USE OF THE SITE. B. SME EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,  INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS  FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL  RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. 
  2. SME, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR  ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR  OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR ANY THIRD  PARTY SITE. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION  WITH THE SITE, RELATED SERVICES AND/OR ANY THIRD PARTY SITE SHALL BE YOUR  TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE. D. SME DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE  UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE  OR ANY THIRD PARTY SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE  FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 
  3. SME DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE  RESULTS OF THE USE OF THE MATERIALS ON THE SITE OR ANY THIRD PARTY SITE. F. SME MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE  MATERIALS OR INFORMATION POSTED ON THE SITE WILL BE UPDATED (IF AT ALL) OR THE 

NUMBER OR IDENTIFICATION OF THE RECORDING ARTISTS OR OTHER INDIVIDUALS (IF ANY)  THAT WILL BE FEATURED ON THE SITE. 

  1. VOID WHERE PROHIBITED 

Although this Site is accessible worldwide, not all products or services discussed or referenced on this  Site are available to all persons or in all geographic locations. SME reserves the right to limit, in its sole  discretion, the provision and quantity of any product or service to any person or geographic area it so  desires. Any offer for any product or service made in this Site is void where prohibited. 

  1. MAKING PURCHASES 

If you wish to purchase products or services described on the Site, you may be asked to supply certain  information including credit card or other payment information. By initiating a transaction you warrant and  represent that you (A) are twenty-one (21) years of age or older and (B) have the legal right to use the  payment means you select. You agree that all information that you provide will be accurate, complete and  current. You agree to pay all charges, including shipping and handling charges, incurred by users of your  credit card or other payment mechanism at the prices in effect when such charges are incurred. You will  also be responsible for paying any applicable taxes relating to your purchases. SME will be entitled to  change the pricing and availability of any particular product(s) or service(s) without prior notice at any  time. SME does not offer refunds in the event of temporary or permanent price drops following purchase  at higher prices. All sales of digital content are final. 

  1. RULES FOR PROMOTIONS 

Any contests, sweepstakes, surveys, games or similar promotions (collectively “Promotions“) made  available through the Site may be governed by specific rules that are separate from these Terms. By  participating in any such Promotions, you will become subject to those rules, which may vary from the  Terms set forth herein. SME advises you to review carefully any specific rules applicable to a particular  Promotion and to review our Privacy Policy which, in addition to these Terms, governs any information  you submit in connection with such activities. To the extent that the rules for a Promotion conflict with  these Terms, the Promotion rules shall control. 

  1. CHOICE OF LAW AND VENUE 

These Terms shall be governed by, and construed in accordance with, the laws of Hong Kong SAR. Each  party submits to the exclusive jurisdiction of Hong Kong SAR. 

  1. GENERAL TERMS 
  2. A. In the event that any of the provisions of the Terms are held by a court or other tribunal of competent  jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent  necessary so that the Terms shall otherwise remain in full force and effect. 
  3. The Terms contain the entire agreement between you and us regarding the use of the Site, and  supersede any prior agreement between you and us on such subject matter. The parties acknowledge  that no reliance is placed on any representation made but not expressly contained in these Terms. C. We may provide you with notices, including those regarding changes to the Terms by email, regular  mail or communications through the Site. 
  4. Any failure by SME to exercise or enforce any right or provision of the Terms does not constitute a  waiver of such right or provision. The failure of either party to exercise in any respect any right provided  for herein shall not be deemed a waiver of any further rights hereunder. 
  5. The Terms are not assignable, transferable or sublicensable by you except with SME’s prior written  consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be  made in violation of the Terms shall be void. 
  6. The section titles in the Terms are for convenience only and have no legal or contractual effect. (Version: 19 November 2019)