Introduction:

This website and the services available on this website are services operated by Warner Bros. Records Inc. (“WBR”). The web-based services provided herein and any other features, functionality or activities which may be available from time to time on this website are referred to in this document as the “WBR Services.”

By signing-up you receive membership to Mission Metallica for a one-time non-refundable membership fee. As a member you will receive the benefits as set forth in the website, including a copy of Metallica's new album to be released on ____________. Membership ends on the release date of the album. All membership fees are subject to change.

Age Requirements:
In order to use the WBR Services, you must be at least 13 years of age. If you are under 13 years old, you may not use the WBR Services or this Website and you are instructed to leave this Website. If you are between the ages of 13 through 17 years old, you may use the WBR Services only under the supervision and with the consent of your parent or legal guardian.

Legal Agreement Between You And WBR:
These Terms of Use constitute a legal agreement between you, the user of the WBR Services, and WBR. You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and use the WBR Services. If you do not accept these Terms of Use in their entirety, you may not access or use the WBR Services.

Modification Of These Terms Of Use:
WBR may wish to update or change the terms, conditions, and notices for the WBR Services from time to time to reflect changes in the WBR Services, changes in the laws affecting the WBR Services, or for other good reasons. You understand that WBR reserves the right to make these changes and that you are responsible for regularly reviewing these Terms of Use, as posted on this Website. Continued access to or use of the WBR Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the WBR Services shall be subject to the Terms of Use, as modified from time to time.

Privacy And Personal Information:
You may be required to register to use the WBR Services. To set up an account, you may be required to provide information about yourself, and you are required to update this information as necessary in order to keep it current. Additionally, data pertaining to your online transactions, purchase history and usage patterns may be collected, analyzed and stored by the WBR Services. WBR agrees that it will only use and/or disclose your personal information in accordance with the terms of WBR’s Privacy Policy (________________________). The Privacy Policy is hereby incorporated by reference into these Terms of Use. By agreeing to these Terms of Use, you are also agreeing to the Privacy Policy. Please carefully review the Privacy Policy. If you do not accept the Privacy Policy in its entirety, you may not access or use the WBR Services. The Privacy Policy shall supersede any conflicting language in these Terms of Use.

You Are Responsible For Your Account:
If you are given a password to access the WBR Services, you are responsible for maintaining the confidentiality of your password. Furthermore, you are responsible for all activities that occur in your account and you agree to notify WBR immediately of any unauthorized use of your account. WBR is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

Personal And Non-Commercial Use Only:
You may only use the WBR Services for your own personal and non-commercial purposes. Each WBR account may only be used by a single user, and you may not allow or permit anyone else to use your WBR account to access the WBR Services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the WBR Services except as expressly provided in these Terms of Use.

Prohibited Uses:
You agree that you will not: (1) use the WBR Services for any purpose that is unlawful or contrary to these Terms of Use; (2) use the WBR Services in any manner that could damage, disable, overburden, or impair the WBR Services or interfere with any other parties use and enjoyment of them; (3) attempt to gain unauthorized access to any WBR account, computer systems or networks associated with the WBR Services; or (4) obtain or attempt to obtain any materials or information through the WBR Services by any means not intentionally made available or provided for.

Purchasing Terms:
All sales are final: there are no refunds, returns, exchanges or credits for membership subscriptions or any other purchases made for or through the WBR Services. All membership subscriptions include only access to the web-based service.

Your Photos, Artwork, Sound Recordings and other Materials Submitted to WBR:
By submitting text, photos, artwork, sound recordings, software, data, or any other materials (“Your Materials”), you are giving us permission, in perpetuity, on a no-charge basis, to use the Your Materials in connection with the WBR Services, any advertisements and promotions, and for any other purpose for which WBR chooses to use Your Materials. In particular, you understand and agree that by submitting any of Your Materials to WBR or the WBR Service, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting WBR and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such Your Materials, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Your Materials. These grants include the right to exploit any proprietary rights in such Your Materials, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to WBR’s use of the Your Materials. WBR is under no obligation to post or use any of Your Materials you may provide and may remove such Your Materials at any time at WBR’s sole discretion. You certify and warrant that any of Your Materials you submit is your original work and does not infringe any copyright or intellectual property right, and has never been copyrighted or, if copyrighted, that you are the sole copyright owner. This section is not applicable to any personally identifiable information that you provide in connection with your registration for the WBR Services, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the WBR Privacy Policy.

Content Available on the WBR Services:
The WBR Services and all the content offered through it, including, but not limited to, text, photos, graphics, audio clips, video clips, other music and video files and everything else you see and hear through the WBR Services (all of these things are commonly referred to as "Content") are, as between you and WBR, owned exclusively by WBR or others who have licensed their material to WBR. The Content is therefore protected by copyrights, trade secrets, or other proprietary rights which means that you and others using this WBR Services are not permitted to use the Content (and that includes modifying, copying, downloading, uploading or distributing the Content) except as outlined in this Terms of Use. You are authorized only to make personal, noncommercial use of the Content. All rights not expressly granted to you in this Terms of Use are reserved by WBR (or its licensors as the case may be). Also, any of the names and logos (which are commonly referred to as "Trademarks") that appear on the WBR Services are, as between you and WBR, owned by WBR or others who have licensed their use to WBR. The Trademarks may not be used in any manner without the prior permission of the owners. You understand that any unauthorized use of the Trademarks or Content would result in irreparable injury to WBR for which money damages would be inadequate and in such event WBR will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

Failure to Provide Content or Services:
WBR is not responsible for any delay or failure to provide content or other services where such delay or failure is due to causes outside of WBR’s control. Regardless of any promises, statements or representations made to you, any such failure or delay will not entitle you to any credit or refund of fees.

Software Available on the WBR Services:
All software (if any) that is made available to view and/or download from the web pages that are part of the WBR Services (“Software”) is owned by and is the copyrighted work of WBR and/or its suppliers or affiliates. Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, WBR hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the WBR Services in accordance with these Terms of Use, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Software is owned by WBR and/or its suppliers or affiliates and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States of America export restrictions. You understand that any unauthorized use of the Software would result in irreparable injury to WBR for which money damages would be inadequate and in such event WBR will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

Policy on Emailing, Blogging, Chatting:

The WBR Services may include use of an email or blog hosting account or emailing, blogging, chatting, or message board activity (individually and collectively “Email/Blog/Chat Services”). Your use of the Email/Blog/Chat Services is subject to these Terms of Use. You understand that WBR is not obligated to provide any assistance, including any technical or customer support, in connection with the use of any Email/Blog/Chat Services, and that your use of the Email/Blog/chat Services is at your own risk. Any and all Email/Blog/Chat Services are provided "AS IS" and "AS AVAILABLE" and no warranties are provided, except as required by law. THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED.

WBR is in no way liable for any claims arising from your use of any Email/Blog/Chat Services. As a condition of your use, you agree to indemnify WBR for all claims relating to your use, reproduction of, and/or receipt or distribution of content through the Email/Blog/Chat Services. WBR reserve the right, in its sole discretion and at any time: to modify or discontinue the Email/Blog/Chat Services; to limit, terminate or suspend your use of the Email/Blog/Chat Services; and to assess charges for the use of the Email/Blog/Chat Services in the future.

Warranty Disclaimer:

WBR AND ITS RESPECTIVE SUPPLIERS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS CONTAINED ON OR OBTAINED THROUGH THE WBR SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WBR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability:
IN NO EVENT SHALL WBR, ITS SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR 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 WBR SERVICES, WITH THE DELAY OR INABILITY TO USE THE WBR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WBR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WBR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WBR OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR 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 WBR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WBR SERVICES. In no event will WBR’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the WBR Service which gave rise to such damages, losses and causes of actions during the period prior to the date the damage or loss occurred or the cause of action arose.

Technical Requirements:
In order to use the WBR Services, we recommend the hardware and software specified below. WBR is not responsible for any failure to operate the WBR Services resulting from you not using the recommended hardware and software.

PC:

• Pentium III 700 mhz or higher
• Windows XP or higher
• Minimum 100 MB available hard drive space
• Minimum 256 MB of RAM

Mac:

• G4 Processor or higher
• Mac OS X 10.3 or higher
• Minimum 100 MB available hard drive space
• Minimum 256 MB of RAM

Web Browser Software:

• Microsoft Internet Explorer version 6.0 SP2 or higher
• Apple Safari versions 2.0 or higher
• Browser software built on the Mozilla rendering engine (5.0 or higher), which include:
  • Mozilla 1.5 or higher (Mac and PC)
  • Firefox 1.5 or higher (Mac and PC)
  • Netscape 7.0 or higher (Mac and PC)

In addition to using one of the aforementioned browsers, the following features must be enabled: Cookies and Javascript. Please refer to your browser’s documentation for information on how to enable these features. Other browsers are unsupported and are not guaranteed to function or display correctly. If your browser is not listed above, we recommend that you use one of the following browsers: Firefox (PC and Mac): http://www.getfirefox.com ; Apple Safari (Mac only): http://www.apple.com/support/downloads/safari.html

Termination And Restriction Of Access:
WBR reserves the right, in its sole discretion, to terminate your access to the WBR Services or any portion thereof at any time, without notice. WBR may also terminate or suspend your access to the WBR Services for breach of this Terms of Use or inactivity, which is defined as failing to sign-in to the Services for an extended period of time, as determined by WBR. Notwithstanding the foregoing, if you have purchased and paid for a membership to use the WBR Services, WBR will not terminate your access to the WBR Services prior to the expiration of your membership without good cause. Good cause includes, without limitation, your breach of this Terms of Use. If you cancel your WBR Services membership prior to the expiration of the membership for any reason, WBR will not refund to you any fees paid in advance of such cancellation. Upon termination of your WBR account, your right to use the WBR Services immediately ceases and all benefits associated with your membership are immediately terminated. Any cancellation or termination by you or WBR shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination. The WBR Services may be discontinued at any time without notice or refund, even if such discontinuance occurs prior to the expiration of your membership, if any.

General:
These Terms of Use are 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, California, U.S.A. in all disputes arising out of or relating to the use of the WBR Services. WBR makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WBR as a result of these Terms of Use or use of the WBR Services. You may not assign these Terms of Use without the prior written consent of WBR. WBR may assign these Terms of Use, in whole or in part, at any time. WBR’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of WBR’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the WBR Services or information provided to or gathered by WBR with respect to such use. You agree to indemnify and hold WBR, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorney fees, asserted by any third party due to or arising out of your use of or conduct on the WBR Services. If any part of these Terms of Use are 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 these Terms of Use shall continue in effect. These Terms of Use (including the documents expressly incorporated herein by reference) constitute the entire agreement between you and WBR and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and WBR. A printed version of these Terms of Use and of any notices 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.

Intellectual Property Notices:
This Website and all of its contents: Copyright © 2008 by Warner Bros. Records Inc. or its suppliers. All rights reserved.