eMusic UK Terms of Use updated 18th November 2010
This will almost certainly be the last time I post them here as I no longer CARE what they say.
It'll just be a bunch of corporate speak lies and bullshit anyway.
Hold your noses, here it comes:
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eMusic.com Subscription Agreement
THIS EMUSIC.COM TERMS OF USE ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU," "YOUR" OR "YOURSELF"), AS THE END USER, AND EMUSIC.COM, LTD (OF TRIGEN HOUSE, CENTRAL BOULEVARD, BLYTHE VALLEY PARK, SOLIHULL, B90 8AB, ENGLAND) ("OUR," "US," "WE" OR "EMUSIC"), WHICH GOVERNS YOUR USE OF OUR INTERNET-BASED MEDIA SUBSCRIPTION SERVICE TOGETHER WITH ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SAME BY US AND/OR THIRD PARTIES (COLLECTIVELY, "THE SERVICE"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE SERVICE. BY REGISTERING FOR, USING OR OTHERWISE ACCESSING THE SERVICE, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS HEREIN. THE SERVICE IS OFFERED AND MADE AVAILABLE ONLY TO USERS 18 YEARS OF AGE OR OLDER. IF YOU ARE NOT YET 18 YEARS OLD, PLEASE DISCONTINUE USING THE SERVICE IMMEDIATELY, OR IF, FOR ANY REASON, YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE THE REGISTRATION PROCESS AND DO NOT ACCESS OR USE THE SERVICE, SOFTWARE OR ANY MUSIC, TEXT OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE IN ANY MANNER.
When we refer to the "use" of the Services in this Agreement, we mean any actual or attempted access or use of the Service, including, without limitation, any transmission, exchange of information or communication associated with the Services. These terms and conditions, together with the other terms of use applicable to other eMusic owned or controlled web sites and any other policies, rules and provisions which are described, linked or otherwise referred to and form a part of this Agreement, including, without limitation our Privacy Policy constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Service.
1. ENROLLMENT IN THE SERVICE
eMusic currently provides the Service for sampling and downloading media in a DRM-free file format. The Service consists of multiple subscription plans whereby, for a certain recurring fee and subject to certain limitations as described herein, you are granted specified download rights to our catalog of DRM-free media files. In order to use the Service, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and to be able to download and listen to and/or view the media files. You must be at least 18 years of age to enroll. To begin the enrollment process, you must complete the Service registration process located on our web site at https://www.emusic.com/registration/1.html ("eMusic Site") or such other registration process as we may provide from time to time.
2. MODIFICATION
We may add, delete or modify any of the aspects of our Service and/or any of the terms and conditions contained in this Agreement at any time in our sole discretion. We will notify you of any such changes via email or by posting a change notice on our site at http://www.emusic.com. If any modification is unacceptable to you, you must stop using the Service. Unless otherwise specifically set forth in our notice, all changes shall be effective upon the date we notify you of the same ("effective date"). Your continued use of the Service following the effective date will constitute your binding acceptance of and agreement to be bound by the changes specified therein. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. If any new products or services become available, they will be considered a part of the Service and your use of them will be governed by the terms and conditions of this Agreement unless we notify you that different terms and conditions apply. You must also comply with any additional terms which apply to third-party content, material, information, software or other services.
3. YOUR REGISTRATION OBLIGATIONS
3.1 Registration for the Service is conducted in the English language only. On registering for the Service you agree that you will retain a copy of the Agreement which applies at the time of your registration whether by saving it to your computer or printing it. We will also retain a record of the Agreement. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process (such information being the "Registration Data"). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Service, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorise us to verify your credit or debit card with your card issuer as required (and in accordance with our Privacy Policy) for your use of and access to the Service, as applicable. If your card issuer does not validate your card and authorise payment to us, we will not accept your registration.
3.2 Once you subscribe to the Service, you shall receive a unique user ID and password in connection with your account (collectively referred to herein as "IDs"). You agree that you will not allow another person to use your IDs to access and use the Service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Service using your IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorised use of your account or any other breach of security known to you. Breach of any provision of this paragraph may subject you to criminal or civil liability. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.
3.3 When you submit Registration Data to us, we will send you an email confirming receipt of your Registration Data but this shall not require us to accept your registration for the Service.
4. EMUSIC PRIVACY POLICY
eMusic takes your privacy seriously and operates under the policies and principles outlined in its Privacy Policy, which contains important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Service. Our Privacy Policy is set forth at http://www.emusic.com/help/privacypolicy.html.
5. TECHNOLOGICAL AND USE LIMITATIONS
5.1 eMusic will make reasonable efforts to keep the eMusic Site operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of eMusic may, from time to time, result in temporary service interruptions. eMusic also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that eMusic shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.
5.2 By enrolling in the Service, you acknowledge and agree that you have no right to provide any files obtained through the Service to any other party or through any other means. You may only make copies of any file obtained through the Service for your own personal use.
5.3 Because the Service is designed for personal sampling and use, you are not allowed to use any automated system for the selection or downloading of files. eMusic reserves the right to immediately and permanently terminate your access to the Service if eMusic believes that you are violating such limitation.
5.4 You represent and warrant that you own or otherwise control all of the rights to the content that you post to the eMusic Site. You may not use or allow others to use, your IDs and/or the Service, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Service, that: (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Service; and/or (d) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your IDs. You also may not use, nor allow others to use, your IDs, the Service, directly or indirectly, to: (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Service or any information, data or materials posted and/or displayed by us or anyone else; (b) act in a way that affects or reflects negatively on us, the Service, or anyone else; (c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. You agree to comply with all applicable laws and regulations which are applicable to your use of the Service.
5.5 You are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorised to access; (b) attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (d) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
5.6 You accept that it is your responsibility to install appropriate anti-virus and security software on your computer hardware to protect against a computer security threat which may be transferred to your computer hardware through the use of the Service and/or the eMusic Site including but not limited to viruses, Trojan horses, time bombs or any other form of programming routine designed to damage or otherwise impair a computer functionality or operation.
5.7 eMusic derives its rights to use the media offered on the Service from artists and record labels, publishers and other third parties for fixed periods of time and, sometimes, for limited territories. As well, eMusic is sometimes required to pull certain media off the Service (or otherwise restrict access to such media) for legal or commercial reasons. Therefore, certain media offered or advertised by eMusic may not be available when you try to download, and not all media are available in all countries. Furthermore, you are prohibited from using or accessing the Service if you live in a country outside of the Service territory, currently the United States, Canada, member states of the European Union, Norway and Switzerland.
5.7 Some tracks may not be eligible for individual download and may only be available as part of a full album download. Album only designations may be changed at any time.
5.8 The eMusic Download Manager may be required to download certain tracks or albums.
5.9You agree that you will not, for any reason whatsoever, reverse engineer, decompile,
disassemble, or otherwise tamper with any security components, usage rules or other
protection measures applicable to the Service or the content available on the Service. You agree to abide by the rules and policies established from time to time by eMusic. Such rules and policies will be applied generally in a nondiscriminatory manner to users of the Service and software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues
6. TERM, FEES, PAYMENTS; TRIAL PERIOD PROVISIONS
6.1 Music Subscription:
6.1.1 By registering for the music Service, you agree to pay the recurring fees designated for the music Service level you select in accordance with Your Account, which can be found at https://www.emusic.com/account/index.html and in accordance with this section 6.1. Additional charges may include purchases you make (i.e., gift subscription and/or Booster Packs) or service level changes you request. Subject to your right to terminate the music Service prior to the Expiration of the Music Trial Period (defined hereinafter), if any, as described in Section 6.1.3 below, you agree to pay the applicable amounts for the minimum period specified therein. For the avoidance of doubt, if you select an offer which includes free bonus eMusic Sterling Pounds (eMusic Sterling Pounds shall be referred to as Pounds herein) as part of your first paid music subscription period, you will be charged upon registration and are responsible for paying fees for the music Service as described in the preceding two sentences. The term month" (or monthly") is defined herein as a 30-day cycle; quarter" (or quarterly") is defined herein as a 90-day cycle; "semiannual" (or "semiannually" or "6-month") is defined as a 180-day cycle; "year" (or "annual" or "annually") is defined as a 360-day cycle; and "two-year" (or "biennial" or biennially) is defined herein as a 720-day cycle. Any time reference means Eastern Time
6.1.2 Subject to the terms in Section 6.1.8 below, your music subscription will continue automatically at the fee rate applicable to the music Service, which you have selected unless terminated by eMusic or until you notify eMusic of your decision to cancel your subscription to the music Service. PLEASE NOTE THAT IF YOU DO NOT CANCEL ANY MUSIC TRIAL PERIOD (DESCRIBED AT 6.1.3 BELOW) WHICH APPLIES, THEN ON EXPIRY OF IT OR ALTERNATIVELY IF YOU EXCEED THE ALLOWABLE FREE TRIAL POUNDS GRANTED DURING YOUR MUSIC TRIAL PERIOD, YOU WILL BE AUTOMATICALLY SUBSCRIBED TO EMUSIC. See below the Section entitled Termination / Cancellation for cancellation instructions. All music subscriptions require a commitment for a minimum period(s) of time (Music Service Level Period) and, consequently, cannot be cancelled until the end of the Music Service Level Period. You may, at any time during your music subscription period, set your music account to cancel, or select another monthly, quarterly, semiannual, or annual music subscription plan into which to renew, effective at the end of your then current music plan. At the end of your monthly, quarterly, semiannual, or annual music subscription period(s), your music subscription will automatically renew and you will be billed for a monthly, quarterly, semiannual, or annual music subscription respectively at your then-current plan level, unless you elect to terminate the music Service or enroll in another version of the music Service. At the end of your current biennial music subscription period, your music subscription will automatically renew into an annual music subscription plan comparable to your biennial music subscription plan, and you will be billed for such annual music subscription plan. eMusic reserves the right to not automatically renew your music subscription.
6.1.3 If, when registering, you signed up for a music subscription with a "Music Trial Period," you will be allowed a period during which you can try out the music Service. Only one Music Trial Period is permitted per person. Certain tracks or album may not be available for download during your Music Trial Period. The Music Trial Period will expire upon the last day of the number of days indicated in the Music Trial Period offer concerned as calculated in Eastern Time, or if earlier, the moment on which you download more than the Free Trial Pounds indicated in such offer ("Expiration of the Music Trial Period"). (Please refer to the confirmation provided on the site and via email for the specific terms of your Music Trial Period). If you terminate the music Service prior to the expiration of the Music Trial Period, you will not have any further obligation with respect to the version of the music Service to which you have committed and any remaining Music Trial Period credits will expire. If you do not terminate and do nothing, at the Expiration of the Music Trial Period, you will be automatically subscribed to eMusic music subscription and billed based on the payment plan selected when you registered (or as you may have updated through the "Your Account" section of the music Service). By signing up to a Music Trial Period, you understand and agree that: (i) you will be required to provide billing payment method upon registration; (ii) eMusic will obtain a pre-authorization for the fee amount that you will be charged at the Expiration of the Music Trial Period. It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges however, and you are solely responsible for any rules that your credit card company applies to them, such as overdraft fees.
6.1.4 Each month / quarter / 6-month / year / two-year (as applicable) during the term of this Agreement following the Expiration of the Music Trial Period, the fees for use of the music Service will be billed automatically to the credit or debit card you designated during the music Service registration process or subsequently provided to eMusic. Under any music Service level, any unused balance greater than or equal to £0.42 in each cycle does not carry over to the following cycle and are forfeited, unless your music subscription plan expressly allows rollover. Under any music Service level, any unused balance less than £0.42 in each cycle (Loose Change) will carry over solely to the following cycle. (Unused Free Trial Pounds, New Member Bonus, Booster Pack Pounds, any reward Pounds, or any courtesy Pounds, will not be rolled over under any plan or for any other reason, regardless of the Pounds amount. You must use such Pounds before they expire or they will be forfeited.). You agree to pay or have paid all fees and charges incurred in connection with your IDs for the music Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. If you want to designate a different credit or debit card or there is a change in credit or debit card validity or expiration date, or if you believe someone has accessed the music Service using your IDs without your authorization, you must contact eMusic immediately at service@emusic.com.
6.1.5 Payment must be made by a major credit or debit card accepted by eMusic (currently, VISA, MasterCard, American Express, or any other methods of payment as eMusic may accept from time to time). Your credit or debit card will be billed monthly / quarterly / semiannually / annually / biennially (as applicable) in advance commencing on your Expiration of the Music Trial Period or on registration if you do not benefit from a Music Trial Period and continuing thereafter on a monthly / quarterly / semiannually / annually / biennially (as applicable) basis on the thirtieth (30th) / ninetieth (90th) / one hundred and eightieth (180th) / three hundred and sixtieth (360th) / seven hundred and twentieth (720th) day (as applicable, respectively) following the expiration of the preceding music billing period ("Music Billing Date"). If eMusic does not receive payment from the card issuer or its agent, you agree to pay all amounts due upon demand by eMusic. Your card issuer agreement governs your use of your designated card in connection with the music Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT EMUSIC, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT OR DEBIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORISED BY YOU.
6.1.6 If, when registering, you signed up for a music subscription with additional New Member Bonus offered for your continued enrollment to the music Service during a certain period of time (e.g., an additional £5 per month for 3 months, or an additional £20 with your first month paid music subscription)(New Member Bonus Required Enrollment Period), you will receive the New Member Bonus at the beginning of each 30-day cycle during the New Member Bonus Enrollment Period, at no additional cost, in addition to the credit applicable to the music Service level you selected. Upon cancellation or termination of your subscription to the music Service prior to the end of the New Member Bonus Required Enrollment Period, you shall forfeit any New Member Bonus not yet issued. New Member Bonus shall only be valid during the 30-day cycle in which they are issued, unless otherwise explicitly stated.
6.1.7 If eMusic does not receive the full amount of your music Service account balance within thirty (30) days of the Music Billing Date, a late payment charge of one and one-half percent (1.5%) per month (or the highest amount allowed by law, whichever is lower) may be added to your bill and immediately become due and payable. Unless you notify eMusic of any discrepancies within sixty (60) days after they first appear on your account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release eMusic from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to eMusic within sixty (60) days of its first appearance on an invoice or credit or debit card statement.
6.1.8 You agree to pay eMusic all reasonable attorney's fees and costs incurred by eMusic to collect any past due amounts. Your music account may be deactivated without further notice if payment is past due, regardless of the amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your music Service account.
6.1.9 The fees, charges and payments hereunder are inclusive of any applicable VAT, taxes and other charges imposed by a taxing or other regulatory authority relating to your use of the music Service.
6.1.10 EMUSIC RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS MUSIC FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY EMUSIC, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT http://www.emusic.com. EMUSIC MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may cancel your music subscription to the Service, as provided in Section 7 below. YOUR CONTINUED USE OF THE MUSIC SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.
6.1.11 Upgrade/downgrade: Once you have entered into a paid music Service level, you may upgrade or downgrade. Downgrade means that you are selecting any lower subscription tier. Upgrade means that you are selecting any higher subscription tier. Downgrade can only be effective at the end of your then-current Music Service Level Period. At you option, upgrade can be effective either immediately or at the end of your then-current Music Service Level Period. For monthly subscriptions, if you decide to upgrade immediately, you agree to pay the difference in price between your new upgraded music subscription and your existing music subscription and you agree to receive the difference in credit between your new upgraded music subscription and your existing music subscription. For example, a subscriber of the "eMusic Basic" plan who upgrades to the "eMusic Premium" plan will pay the difference between £17.99 and £9.99 (i.e.,£8.00), and will receive £10 worth of additional credit representing the difference between £17.99 and £9.99 plus £2 of Bonus Pounds . For annual music subscriptions, if you decide to upgrade immediately, you will be credited with the trade in value of your existing annual music subscription as a discount on your new annual music subscription. The trade in value is calculated by taking the total price of the current annual music subscription, pro-rating it across 12 months, then multiplying that number by the number of complete months remaining in the music subscription. For example, trade in value for an "eMusic Basic Annual" music subscription with 6 complete months remaining (the 6 months remaining excludes the month that the member is in) is £107.99 divided by twelve, then multiplied by 6, which equals £53.99. After the upgrade is effective, you agree to pay the recurring fees designated for the music Service level you upgraded for in accordance with Your Account, which can be found at https://www.emusic.com/account/index.html, and in accordance with this section 6.
6.1.12 In the event you purchased a track or album but it fails to download completely, eMusic may allow you to retry the download by clicking the retry download button on the album page. In any other event of technical errors when downloading a track or album, please contact Customer Service by clicking here or sending an email to service@emusic.com..
6.1.13 In November 2010, when eMusic switches its system from credit to currency, any unused music credits in an eMusic members account will be converted at a rate of £0.42 per unused credit in your account as of the day of the switch to a currency system.
6.2 Audiobook Subscription:
6.2.1 By registering for the audiobook Service, you agree to pay the recurring fees designated for the audiobook Service level you select in accordance with Your Account, which can be found at https://www.emusic.com/account/index.html, and in accordance with this section 6.2. Additional charges may include purchases you make (i.e., gift subscription and/or Booster Packs) or service level changes you request. Subject to your right to terminate the audiobook Service prior to the Expiration of the Audiobook Trial Period (defined hereinafter), if any, as described in Section 6.2.3 below, you agree to pay the applicable amounts for the minimum period specified therein. For the avoidance of doubt, if you select an offer which includes free bonus credits as part of your first paid audiobook subscription period, you will be charged upon registration and are responsible for paying fees for the audiobook Service as described in the preceding two sentences. The term "month" (or "monthly") is defined herein as a 30-day cycle; bi-monthly (or 2-month) is defined as a 60-day cycle; "quarter" (or "quarterly") is defined herein as a 90-day cycle; and "year" (or "annual" or "annually") is defined as a 360-day cycle. Any time reference means Eastern Time.
6.2.2 Subject to the terms in Section 6.2.7 below, your audiobook subscription will continue automatically at the fee rate applicable to the audiobook Service, which you have selected unless terminated by eMusic or until you notify eMusic of your decision to cancel your subscription to the audiobook Service. PLEASE NOTE THAT IF YOU DO NOT CANCEL ANY AUDIOBOOK TRIAL PERIOD (DESCRIBED AT 6.2.3 BELOW) WHICH APPLIES, THEN ON EXPIRY OF IT OR ALTERNATIVELY IF YOU EXCEED THE ALLOWABLE NUMBER OF CREDITS DURING YOUR AUDIOBOOK TRIAL PERIOD, YOU WILL BE AUTOMATICALLY SUBSCRIBED TO EMUSIC. See below the Section entitled Termination / Cancellation for cancellation instructions. All audiobook subscriptions require a commitment for a minimum period(s) of time (Audiobook Service Level Period) and, consequently, cannot be cancelled until the end of the Audiobook Service Level Period. You may, at any time during your audiobook subscription period, set your audiobook account to cancel, or select another monthly, bi-monthly, quarterly, or annual audiobook subscription plan into which to renew, effective at the end of your then-current audiobook plan. At the end of your monthly, bi-monthly, quarterly, or annual audiobook subscription period(s), your audiobook subscription will automatically renew and you will be billed for a monthly, bi-monthly, quarterly, or annual audiobook subscription respectively at your then-current audiobook plan level, unless you elect to terminate the audiobook Service or enroll in another version of the audiobook Service. eMusic reserves the right to not automatically renew your audiobook subscription.
6.2.3 If, when registering, you signed up for an audiobook subscription with an "Audiobook Trial Period," you will be allowed a period during which you can try out the audiobook Service. Only one Audiobook Trial Period is permitted per person. The Audiobook Trial Period will expire upon the last day of the number of days indicated in the Audiobook Trial Period offer concerned as calculated in Eastern Time, or, if earlier, the moment on which you download more than the number of audiobook credit(s) indicated in such offer ("Expiration of the Audiobook Trial Period"). (Please refer to the confirmation provided on the site and via email for the specific terms of your Audiobook Trial Period). Please note that some audiobooks will require multiple credits to download and may exceed your free Audiobook Trial credits. If you terminate the audiobook Service prior to the Expiration of the Audiobook Trial Period, you will not have any further obligation with respect to the version of the audiobook Service to which you have committed and any remaining Audiobook Trial Period credits will expire. If you do not terminate and do nothing, at the Expiration of the Audiobook Trial Period, you will be automatically subscribed to eMusic audiobook membership and billed based on the payment plan selected when you registered (or as you may have updated through the "Your Account" section of the audiobook Service). By signing up to an Audiobook Trial Period, you understand and agree that: (i) you will be required to provide billing payment method upon registration, and (ii) eMusic will obtain a pre-authorization for the fee amount that you will be charged at the Expiration of the Audiobook Trial Period. It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges however, and you are solely responsible for any rules that your credit card company applies to them, such as overdraft fees.
6.2.4 Each month / 2-month / quarter / year (as applicable) during the term of this Agreement following the Expiration of the Audiobook Trial Period, the fees for use of the audiobook Service will be billed automatically to the credit or debit card you designated during the audiobook Service registration process or subsequently provided to eMusic. Under any audiobook Service level, any unused credits in each 30-day cycle do not carry over to the following cycle and are forfeited, unless your audiobook subscription plan expressly allows rollover (Unused audiobook credits from your Audiobook Trial Period will not be rolled over under any plan or for any other reason. You must use such credits during your Audiobook Trial Period or they will be forfeited.). You agree to pay or have paid all fees and charges incurred in connection with your IDs for the audiobook Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. If you want to designate a different credit or debit card or there is a change in credit or debit card validity or expiration date, or if you believe someone has accessed the audiobook Service using your IDs without your authorization, you must contact eMusic immediately at service@emusic.com.
6.2.5 Payment must be made by a major credit or debit card accepted by eMusic (currently, VISA, MasterCard, American Express, or any other methods of payment as eMusic may accept from time to time). Your credit or debit card will be billed monthly / bimonthly / quarterly / annually (as applicable) in advance commencing on your Expiration of the Audiobook Trial Period or on registration if you do not benefit from an Audiobook Trial Period and continuing thereafter on a monthly / bi-monthly / quarterly / annually (as applicable) basis on the thirtieth (30th) / sixtieth (60th) / ninetieth (90th) / three hundred and sixtieth (360th) (as applicable, respectively) following the expiration of the preceding audiobook billing period ("Audiobook Billing Date"). If eMusic does not receive payment from the card issuer or its agent, you agree to pay all amounts due upon demand by eMusic. Your card issuer agreement governs your use of your designated card in connection with the audiobook Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT EMUSIC, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT OR DEBIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORISED BY YOU.
6.2.6 If eMusic does not receive the full amount of your audiobook Service account balance within thirty (30) days of the Audiobook Billing Date, a late payment charge of one and one-half percent (1.5%) per month (or the highest amount allowed by law, whichever is lower) may be added to your bill and immediately become due and payable. Unless you notify eMusic of any discrepancies within sixty (60) days after they first appear on your account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release eMusic from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to eMusic within sixty (60) days of its first appearance on an invoice or credit or debit card statement.
6.2.7 You agree to pay eMusic all reasonable attorney's fees and costs incurred by eMusic to collect any past due amounts. Your audiobook account may be deactivated without further notice if payment is past due, regardless of the amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your audiobook Service account.
6.2.8 The fees, charges and payments hereunder are inclusive of any applicable VAT, taxes and other charges imposed by a taxing or other regulatory authority relating to your use of the audiobook Service.
6.2.9 EMUSIC RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS AUDIOBOOK FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY EMUSIC, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT http://www.emusic.com. EMUSIC MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may cancel your subscription to the audiobook Service, as provided in Section 7 below. YOUR CONTINUED USE OF THE AUDIOBOOK SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.
6.2.10 Upgrade/downgrade: Once you have entered into a paid audiobook Service level, you may upgrade or downgrade. Downgrade means that you are selecting any lower subscription tier. Upgrade means that you are selecting any higher subscription tier. Downgrade can only be effective at the end of your then-current Audiobook Service Level Period. At your option, upgrade can be effective either immediately or at the end of your then-current Audiobook Service Level Period. For monthly audiobook subscriptions, if you decide to upgrade immediately, you agree to pay the difference in price between your new upgraded audiobook subscription and your existing audiobook subscription and you agree to receive the difference in credits between your new upgraded audiobook subscription and your existing audiobook subscription. For example, a subscriber of the "eMusic Audiobook Basic" plan who upgrades to the "eMusic Audiobook Premium" plan will pay the difference between £14.99 and £7.99 (i.e.,£7.00), and will receive additional credits representing the difference between 1 credit and 2 credits (i.e., 1 additional credit). For annual audiobook subscriptions, if you decide to upgrade immediately, you will be credited with the trade in value of your existing annual audiobook subscription as a discount on your new annual audiobook subscription. The trade in value is calculated by taking the total price of the current annual audiobook subscription, pro-rating it across 12 months, then multiplying that number by the number of complete months remaining in the audiobook subscription. For example, trade in value for a "eMusic Audiobook Basic Annual" subscription with 6 complete months remaining (the 6 months remaining excludes the month that the member is in) is £76.70 divided by twelve, then multiplied by 6, which equals £38.34. After the upgrade is effective, you agree to pay the fees designated for the audiobook Service level you upgraded for in accordance with Your Account, which can be found at https://www.emusic.com/account/index.html, and in accordance with this section 6.
6.2.11 eMusic may allow you to re-download each of your previously purchased audiobooks a limited number of times for any technical reasons at no additional charge; nonetheless, if you exceed a reasonable number of re-downloads (as deemed by eMusic) on any given audiobook(s), you will be required to re-purchase such audiobook(s).
6.3 Subject to certain limitations, eMusic allows you to place your Service account(s) on hold for a certain period of time (e.g., 30, 60 or 90 days) (Hold Period) starting the day before the next cycle associated with your Service level (i.e., the next month if monthly Service level, the next quarter if quarterly Service level or the next 6-month if semiannual Service level), except for annual subscription for which the Hold Period will start the day before the next 30-day cycle. During your Hold Period, you will not be charged and you will not be able to download any content available on eMusic Service. At the end of your Hold Period, your monthly, bi-monthly, quarterly or semi-annual account will be re-activated and you will be charged the fee associated with your current Service level. At the end of your Hold Period, your annual account will be re-activated and, if you annual subscription reaches its renewal period during the hold period, you will be charged the fee associated with such Service level, in accordance with section 6 above. Note that if you have both a music Service account and an audiobook Service account, both accounts will be placed on hold during the Hold Period
7. TERMINATION AND DISTANCE SELLING
7.1 To cancel your account, please visit https://www.emusic.com/account/cancel.html or contact eMusics Customer Service by email (cancelme@emusic.com) or phone (0845-410-4104). If you cancel your subscription, eMusic will not refund any remaining portion of your subscription fees, any unused credits in your account or Loose Change will be forfeited. Cancellation will take effect at the end of the billing period during which you deliver notice to eMusic. Please note that, following cancellation of your subscription to the Service, you will not be able to download any more.
7.2 We may terminate this Agreement, restrict, suspend or terminate your use of the Service immediately and without notice or liability, if you violate, breach or fail to comply with this Agreement in any way (or we suspect that you have done so), and it will not limit any other rights or remedies which are available to us.
7.3 You may terminate this Agreement by providing us with written notice of your termination and ceasing to use Service. Upon the effective date of any such termination, your right to use the Service shall immediately cease.
7.4 Termination of this Agreement shall not relieve you of any obligations to pay accrued charges, including any prorated charges accrued for the billing cycle in which this Agreement is terminated.
7.5 The Consumer Protection (Distance Selling) Regulations 2000 ("Regulations") give consumers the right to cancel orders for services during the period of seven working days after the day on which provision of the service being provided commences. However under the exceptions to these Regulations, you agree that this right of cancellation does not apply. You have a right to terminate the Service during a Trial Period (if any) as outlined at 6.1.3 and 6.2.3, or otherwise at any time as outlined at 7.3 above.
7.4 Without limitation of any other provisions hereof regarding termination, we reserve the right to terminate your use of the Service, without cause, upon reasonable notice. If such termination occurs in the middle of your subscription period and you have not exhausted the credits permitted to you under the applicable payment plan, we shall refund to you a share of your prepaid subscription fee for the period prorated for the number of remaining unused credits.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Only you may access the Service using your IDs, unless otherwise agreed to in writing by eMusic. The content available through the Service is the property of eMusic or its licensors and is protected by copyright, database right and other intellectual property laws. All software used on the eMusic Site is owned or licensed by eMusic and is protected by copyright laws. Content received through the Service may be used, viewed and played for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, broadcast, perform, make available to third parties or circulate the content received through the Service to anyone or to exploit any such content for commercial or noncommercial purposes without the express prior written consent of eMusic. You further agree not to make use of the Content in a manner that would infringe the copyright therein.
8.2 You acknowledge that eMusic retains exclusive ownership of the Service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, database rights, trade secrets or trademarks with respect to the Service or its contents, and eMusic reserves all rights not expressly granted hereunder. You shall promptly notify eMusic in writing upon your discovery of any unauthorised use or infringement of the Service (or its contents) or eMusic's patent, copyright, database right, trade secret, trademarks or other intellectual property rights. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.
8.3 By posting messages, inputting data, suggesting playlists, suggesting ideas or engaging in any other form of communication through the Service, you irrevocably agree that any such content, and all intellectual property rights associated therewith, shall become our sole property. We may copy, sublicense, adapt, publicly perform, display or otherwise exploit any such content and rights in any manner whatsoever, throughout the world, in perpetuity, without any obligation to make any payment to you or others or to give you credit.
9. THIRD PARTY SITES AND INFORMATION
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party. These third party sites may contain information which some people consider inappropriate or offensive. You acknowledge that these third party sites are beyond our control, and we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is undertaken at your own risk, and is subject to the terms of use and privacy policies of each site. We include third party links or references merely as a convenience to our Users, and we do not endorse nor assume any liability for the third party websites, services, or products.
10. OUR LINKING AND WIDGET POLICY
Any web site that links to our website or on which you include the widget: (a) must not frame, surround, obfuscate or create a browser or border environment around any of the Content of our website; (b) may link to, but not replicate, any of the Content of our website; (c) must not imply that eMusic or our website or any artist or performer are endorsing or sponsoring it or its products, unless eMusic has given its prior written consent; (d) must not present false information about eMusic or its Service; (e) must not use any eMusic Services or trademarks except as expressly permitted in these Terms of Use or without the prior written permission from eMusic; (f) must not contain content that is illegal, obscene or defamatory, or that could be construed as distasteful, offensive or controversial; and (g) must not support, endorse or encourage piracy or the unauthorized exploitation of intellectual property rights. "Content" means any present, past and future content of the Service, including, but not limited to, software graphics, text, images, audio, designs, databases, trademarks, logos, domain names, trade names, service mark, any traded identities, any and all copyrighted materials (including source and object code), the "look and feel" of our website. By linking to our website, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms of Use, we reserve the right to deny permission to link to our website for any reason in our sole and absolute discretion.
The eMusic widget is not provided for commercial use, distribution or exploitation. If you are the operator of a commercial website and would like to include the eMusic widget in your website, or if you would like to use the widget for commercial purposes, please contact us by emailing legalrequest@emusic.com.
eMusic reserves the right to remove links or block the eMusic widget at any time and for any reason in its absolute discretion.
11. DISCLAIMER OF WARRANTIES
11.1 YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE EMUSIC SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE EMUSIC SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE.
11.2 There may be links that will let you leave the eMusic Site or that will let you access the eMusic Site from third party sites. Linked third party sites are not under our control and we are not responsible for the contents of any such linked site or any link contained in such a linked site. Existence of links to other third party sites is not an endorsement by us in favour of such site or the products or services contained in any linked site. To the extent that the eMusic Site contains links to or may be accessed from outside services and resources, the availability and content of which we do not control, any concerns regarding any such service or resource or any link thereto should be directed to the particular outside service or resource.
12. LIMITATION OF LIABILITY
SAVE IN THE CASE OF DEATH OR PERSONAL INJURY DUE TO OUR NEGLIGENCE OR WHERE WE HAVE ACTED FRAUDULENTLY, OUR TOTAL LIABILITY TO YOU FOR ANY DIRECT LOSSES SUFFERED BY YOU WILL BE LIMITED TO THE AMOUNT OF YOUR PERIODIC SUBSCRIPTION FOR ONE PERIOD.
WE WILL ONLY BE LIABLE FOR LOSSES WHICH WERE FORESEEABLE TO BOTH YOU AND TO US AS A CONSEQUENCE OF US BREACHING THESE TERMS AND CONDITIONS BY OUR OWN NEGLIGENCE.
FOR THE AVOIDANCE OF DOUBT WE WILL NOT BE RESPONSIBLE FOR ANY BUSINESS LOSS (INCLUDING LOSS OF PROFITS, REVENUE, CONTRACTS, ANTICIPATED SAVINGS, DATA, GOODWILL OR WASTED EXPENDITURE) OR ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS THAT WAS NOT REASONABLY FORESEEABLE TO BOTH YOU AND US WHEN YOU COMMENCED USING THE EMUSIC SITE.
13. INDEMNITY
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages arising from, incurred as a result of, or in any manner related to any claim or action based upon your use of the Service in breach of 5.4 and/or the use of the Service by any other person using your IDs. We may, in our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
14. CHOICE OF LAW AND CONSENT TO JURISDICTION
This Agreement is governed by English law. You agree to submit to the non-exclusive jurisdiction of the English courts.
15. OTHER IMPORTANT PROVISIONS
15.1 You shall not use the Service in any manner contrary to applicable laws and/or regulations. eMusic expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice of your failure to comply with any such laws or regulations. 15.2 Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. 15.3 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. 15.4 No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement. 15.5 You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void from inception. 15.6 This Agreement, together with our Privacy Policy and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated herein by this reference, constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service. 15.7 Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) (subject to any shorter limitation applicable pursuant to Section 6.7 above) and you hereby waive any longer statute of limitations that may be permitted by law. 15.8 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. 15.9 In the event you have any questions, concerns or complaints about the Service, you should contact us via the Contact Us link on the Site.
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It'll just be a bunch of corporate speak lies and bullshit anyway.
Hold your noses, here it comes:
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eMusic.com Subscription Agreement
THIS EMUSIC.COM TERMS OF USE ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU," "YOUR" OR "YOURSELF"), AS THE END USER, AND EMUSIC.COM, LTD (OF TRIGEN HOUSE, CENTRAL BOULEVARD, BLYTHE VALLEY PARK, SOLIHULL, B90 8AB, ENGLAND) ("OUR," "US," "WE" OR "EMUSIC"), WHICH GOVERNS YOUR USE OF OUR INTERNET-BASED MEDIA SUBSCRIPTION SERVICE TOGETHER WITH ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SAME BY US AND/OR THIRD PARTIES (COLLECTIVELY, "THE SERVICE"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE SERVICE. BY REGISTERING FOR, USING OR OTHERWISE ACCESSING THE SERVICE, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS HEREIN. THE SERVICE IS OFFERED AND MADE AVAILABLE ONLY TO USERS 18 YEARS OF AGE OR OLDER. IF YOU ARE NOT YET 18 YEARS OLD, PLEASE DISCONTINUE USING THE SERVICE IMMEDIATELY, OR IF, FOR ANY REASON, YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE THE REGISTRATION PROCESS AND DO NOT ACCESS OR USE THE SERVICE, SOFTWARE OR ANY MUSIC, TEXT OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE IN ANY MANNER.
When we refer to the "use" of the Services in this Agreement, we mean any actual or attempted access or use of the Service, including, without limitation, any transmission, exchange of information or communication associated with the Services. These terms and conditions, together with the other terms of use applicable to other eMusic owned or controlled web sites and any other policies, rules and provisions which are described, linked or otherwise referred to and form a part of this Agreement, including, without limitation our Privacy Policy constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Service.
1. ENROLLMENT IN THE SERVICE
eMusic currently provides the Service for sampling and downloading media in a DRM-free file format. The Service consists of multiple subscription plans whereby, for a certain recurring fee and subject to certain limitations as described herein, you are granted specified download rights to our catalog of DRM-free media files. In order to use the Service, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and to be able to download and listen to and/or view the media files. You must be at least 18 years of age to enroll. To begin the enrollment process, you must complete the Service registration process located on our web site at https://www.emusic.com/registration/1.html ("eMusic Site") or such other registration process as we may provide from time to time.
2. MODIFICATION
We may add, delete or modify any of the aspects of our Service and/or any of the terms and conditions contained in this Agreement at any time in our sole discretion. We will notify you of any such changes via email or by posting a change notice on our site at http://www.emusic.com. If any modification is unacceptable to you, you must stop using the Service. Unless otherwise specifically set forth in our notice, all changes shall be effective upon the date we notify you of the same ("effective date"). Your continued use of the Service following the effective date will constitute your binding acceptance of and agreement to be bound by the changes specified therein. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. If any new products or services become available, they will be considered a part of the Service and your use of them will be governed by the terms and conditions of this Agreement unless we notify you that different terms and conditions apply. You must also comply with any additional terms which apply to third-party content, material, information, software or other services.
3. YOUR REGISTRATION OBLIGATIONS
3.1 Registration for the Service is conducted in the English language only. On registering for the Service you agree that you will retain a copy of the Agreement which applies at the time of your registration whether by saving it to your computer or printing it. We will also retain a record of the Agreement. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process (such information being the "Registration Data"). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Service, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorise us to verify your credit or debit card with your card issuer as required (and in accordance with our Privacy Policy) for your use of and access to the Service, as applicable. If your card issuer does not validate your card and authorise payment to us, we will not accept your registration.
3.2 Once you subscribe to the Service, you shall receive a unique user ID and password in connection with your account (collectively referred to herein as "IDs"). You agree that you will not allow another person to use your IDs to access and use the Service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Service using your IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorised use of your account or any other breach of security known to you. Breach of any provision of this paragraph may subject you to criminal or civil liability. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.
3.3 When you submit Registration Data to us, we will send you an email confirming receipt of your Registration Data but this shall not require us to accept your registration for the Service.
4. EMUSIC PRIVACY POLICY
eMusic takes your privacy seriously and operates under the policies and principles outlined in its Privacy Policy, which contains important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Service. Our Privacy Policy is set forth at http://www.emusic.com/help/privacypolicy.html.
5. TECHNOLOGICAL AND USE LIMITATIONS
5.1 eMusic will make reasonable efforts to keep the eMusic Site operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of eMusic may, from time to time, result in temporary service interruptions. eMusic also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that eMusic shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.
5.2 By enrolling in the Service, you acknowledge and agree that you have no right to provide any files obtained through the Service to any other party or through any other means. You may only make copies of any file obtained through the Service for your own personal use.
5.3 Because the Service is designed for personal sampling and use, you are not allowed to use any automated system for the selection or downloading of files. eMusic reserves the right to immediately and permanently terminate your access to the Service if eMusic believes that you are violating such limitation.
5.4 You represent and warrant that you own or otherwise control all of the rights to the content that you post to the eMusic Site. You may not use or allow others to use, your IDs and/or the Service, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Service, that: (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Service; and/or (d) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your IDs. You also may not use, nor allow others to use, your IDs, the Service, directly or indirectly, to: (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Service or any information, data or materials posted and/or displayed by us or anyone else; (b) act in a way that affects or reflects negatively on us, the Service, or anyone else; (c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. You agree to comply with all applicable laws and regulations which are applicable to your use of the Service.
5.5 You are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorised to access; (b) attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (d) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
5.6 You accept that it is your responsibility to install appropriate anti-virus and security software on your computer hardware to protect against a computer security threat which may be transferred to your computer hardware through the use of the Service and/or the eMusic Site including but not limited to viruses, Trojan horses, time bombs or any other form of programming routine designed to damage or otherwise impair a computer functionality or operation.
5.7 eMusic derives its rights to use the media offered on the Service from artists and record labels, publishers and other third parties for fixed periods of time and, sometimes, for limited territories. As well, eMusic is sometimes required to pull certain media off the Service (or otherwise restrict access to such media) for legal or commercial reasons. Therefore, certain media offered or advertised by eMusic may not be available when you try to download, and not all media are available in all countries. Furthermore, you are prohibited from using or accessing the Service if you live in a country outside of the Service territory, currently the United States, Canada, member states of the European Union, Norway and Switzerland.
5.7 Some tracks may not be eligible for individual download and may only be available as part of a full album download. Album only designations may be changed at any time.
5.8 The eMusic Download Manager may be required to download certain tracks or albums.
5.9You agree that you will not, for any reason whatsoever, reverse engineer, decompile,
disassemble, or otherwise tamper with any security components, usage rules or other
protection measures applicable to the Service or the content available on the Service. You agree to abide by the rules and policies established from time to time by eMusic. Such rules and policies will be applied generally in a nondiscriminatory manner to users of the Service and software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues
6. TERM, FEES, PAYMENTS; TRIAL PERIOD PROVISIONS
6.1 Music Subscription:
6.1.1 By registering for the music Service, you agree to pay the recurring fees designated for the music Service level you select in accordance with Your Account, which can be found at https://www.emusic.com/account/index.html and in accordance with this section 6.1. Additional charges may include purchases you make (i.e., gift subscription and/or Booster Packs) or service level changes you request. Subject to your right to terminate the music Service prior to the Expiration of the Music Trial Period (defined hereinafter), if any, as described in Section 6.1.3 below, you agree to pay the applicable amounts for the minimum period specified therein. For the avoidance of doubt, if you select an offer which includes free bonus eMusic Sterling Pounds (eMusic Sterling Pounds shall be referred to as Pounds herein) as part of your first paid music subscription period, you will be charged upon registration and are responsible for paying fees for the music Service as described in the preceding two sentences. The term month" (or monthly") is defined herein as a 30-day cycle; quarter" (or quarterly") is defined herein as a 90-day cycle; "semiannual" (or "semiannually" or "6-month") is defined as a 180-day cycle; "year" (or "annual" or "annually") is defined as a 360-day cycle; and "two-year" (or "biennial" or biennially) is defined herein as a 720-day cycle. Any time reference means Eastern Time
6.1.2 Subject to the terms in Section 6.1.8 below, your music subscription will continue automatically at the fee rate applicable to the music Service, which you have selected unless terminated by eMusic or until you notify eMusic of your decision to cancel your subscription to the music Service. PLEASE NOTE THAT IF YOU DO NOT CANCEL ANY MUSIC TRIAL PERIOD (DESCRIBED AT 6.1.3 BELOW) WHICH APPLIES, THEN ON EXPIRY OF IT OR ALTERNATIVELY IF YOU EXCEED THE ALLOWABLE FREE TRIAL POUNDS GRANTED DURING YOUR MUSIC TRIAL PERIOD, YOU WILL BE AUTOMATICALLY SUBSCRIBED TO EMUSIC. See below the Section entitled Termination / Cancellation for cancellation instructions. All music subscriptions require a commitment for a minimum period(s) of time (Music Service Level Period) and, consequently, cannot be cancelled until the end of the Music Service Level Period. You may, at any time during your music subscription period, set your music account to cancel, or select another monthly, quarterly, semiannual, or annual music subscription plan into which to renew, effective at the end of your then current music plan. At the end of your monthly, quarterly, semiannual, or annual music subscription period(s), your music subscription will automatically renew and you will be billed for a monthly, quarterly, semiannual, or annual music subscription respectively at your then-current plan level, unless you elect to terminate the music Service or enroll in another version of the music Service. At the end of your current biennial music subscription period, your music subscription will automatically renew into an annual music subscription plan comparable to your biennial music subscription plan, and you will be billed for such annual music subscription plan. eMusic reserves the right to not automatically renew your music subscription.
6.1.3 If, when registering, you signed up for a music subscription with a "Music Trial Period," you will be allowed a period during which you can try out the music Service. Only one Music Trial Period is permitted per person. Certain tracks or album may not be available for download during your Music Trial Period. The Music Trial Period will expire upon the last day of the number of days indicated in the Music Trial Period offer concerned as calculated in Eastern Time, or if earlier, the moment on which you download more than the Free Trial Pounds indicated in such offer ("Expiration of the Music Trial Period"). (Please refer to the confirmation provided on the site and via email for the specific terms of your Music Trial Period). If you terminate the music Service prior to the expiration of the Music Trial Period, you will not have any further obligation with respect to the version of the music Service to which you have committed and any remaining Music Trial Period credits will expire. If you do not terminate and do nothing, at the Expiration of the Music Trial Period, you will be automatically subscribed to eMusic music subscription and billed based on the payment plan selected when you registered (or as you may have updated through the "Your Account" section of the music Service). By signing up to a Music Trial Period, you understand and agree that: (i) you will be required to provide billing payment method upon registration; (ii) eMusic will obtain a pre-authorization for the fee amount that you will be charged at the Expiration of the Music Trial Period. It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges however, and you are solely responsible for any rules that your credit card company applies to them, such as overdraft fees.
6.1.4 Each month / quarter / 6-month / year / two-year (as applicable) during the term of this Agreement following the Expiration of the Music Trial Period, the fees for use of the music Service will be billed automatically to the credit or debit card you designated during the music Service registration process or subsequently provided to eMusic. Under any music Service level, any unused balance greater than or equal to £0.42 in each cycle does not carry over to the following cycle and are forfeited, unless your music subscription plan expressly allows rollover. Under any music Service level, any unused balance less than £0.42 in each cycle (Loose Change) will carry over solely to the following cycle. (Unused Free Trial Pounds, New Member Bonus, Booster Pack Pounds, any reward Pounds, or any courtesy Pounds, will not be rolled over under any plan or for any other reason, regardless of the Pounds amount. You must use such Pounds before they expire or they will be forfeited.). You agree to pay or have paid all fees and charges incurred in connection with your IDs for the music Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. If you want to designate a different credit or debit card or there is a change in credit or debit card validity or expiration date, or if you believe someone has accessed the music Service using your IDs without your authorization, you must contact eMusic immediately at service@emusic.com.
6.1.5 Payment must be made by a major credit or debit card accepted by eMusic (currently, VISA, MasterCard, American Express, or any other methods of payment as eMusic may accept from time to time). Your credit or debit card will be billed monthly / quarterly / semiannually / annually / biennially (as applicable) in advance commencing on your Expiration of the Music Trial Period or on registration if you do not benefit from a Music Trial Period and continuing thereafter on a monthly / quarterly / semiannually / annually / biennially (as applicable) basis on the thirtieth (30th) / ninetieth (90th) / one hundred and eightieth (180th) / three hundred and sixtieth (360th) / seven hundred and twentieth (720th) day (as applicable, respectively) following the expiration of the preceding music billing period ("Music Billing Date"). If eMusic does not receive payment from the card issuer or its agent, you agree to pay all amounts due upon demand by eMusic. Your card issuer agreement governs your use of your designated card in connection with the music Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT EMUSIC, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT OR DEBIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORISED BY YOU.
6.1.6 If, when registering, you signed up for a music subscription with additional New Member Bonus offered for your continued enrollment to the music Service during a certain period of time (e.g., an additional £5 per month for 3 months, or an additional £20 with your first month paid music subscription)(New Member Bonus Required Enrollment Period), you will receive the New Member Bonus at the beginning of each 30-day cycle during the New Member Bonus Enrollment Period, at no additional cost, in addition to the credit applicable to the music Service level you selected. Upon cancellation or termination of your subscription to the music Service prior to the end of the New Member Bonus Required Enrollment Period, you shall forfeit any New Member Bonus not yet issued. New Member Bonus shall only be valid during the 30-day cycle in which they are issued, unless otherwise explicitly stated.
6.1.7 If eMusic does not receive the full amount of your music Service account balance within thirty (30) days of the Music Billing Date, a late payment charge of one and one-half percent (1.5%) per month (or the highest amount allowed by law, whichever is lower) may be added to your bill and immediately become due and payable. Unless you notify eMusic of any discrepancies within sixty (60) days after they first appear on your account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release eMusic from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to eMusic within sixty (60) days of its first appearance on an invoice or credit or debit card statement.
6.1.8 You agree to pay eMusic all reasonable attorney's fees and costs incurred by eMusic to collect any past due amounts. Your music account may be deactivated without further notice if payment is past due, regardless of the amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your music Service account.
6.1.9 The fees, charges and payments hereunder are inclusive of any applicable VAT, taxes and other charges imposed by a taxing or other regulatory authority relating to your use of the music Service.
6.1.10 EMUSIC RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS MUSIC FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY EMUSIC, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT http://www.emusic.com. EMUSIC MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may cancel your music subscription to the Service, as provided in Section 7 below. YOUR CONTINUED USE OF THE MUSIC SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.
6.1.11 Upgrade/downgrade: Once you have entered into a paid music Service level, you may upgrade or downgrade. Downgrade means that you are selecting any lower subscription tier. Upgrade means that you are selecting any higher subscription tier. Downgrade can only be effective at the end of your then-current Music Service Level Period. At you option, upgrade can be effective either immediately or at the end of your then-current Music Service Level Period. For monthly subscriptions, if you decide to upgrade immediately, you agree to pay the difference in price between your new upgraded music subscription and your existing music subscription and you agree to receive the difference in credit between your new upgraded music subscription and your existing music subscription. For example, a subscriber of the "eMusic Basic" plan who upgrades to the "eMusic Premium" plan will pay the difference between £17.99 and £9.99 (i.e.,£8.00), and will receive £10 worth of additional credit representing the difference between £17.99 and £9.99 plus £2 of Bonus Pounds . For annual music subscriptions, if you decide to upgrade immediately, you will be credited with the trade in value of your existing annual music subscription as a discount on your new annual music subscription. The trade in value is calculated by taking the total price of the current annual music subscription, pro-rating it across 12 months, then multiplying that number by the number of complete months remaining in the music subscription. For example, trade in value for an "eMusic Basic Annual" music subscription with 6 complete months remaining (the 6 months remaining excludes the month that the member is in) is £107.99 divided by twelve, then multiplied by 6, which equals £53.99. After the upgrade is effective, you agree to pay the recurring fees designated for the music Service level you upgraded for in accordance with Your Account, which can be found at https://www.emusic.com/account/index.html, and in accordance with this section 6.
6.1.12 In the event you purchased a track or album but it fails to download completely, eMusic may allow you to retry the download by clicking the retry download button on the album page. In any other event of technical errors when downloading a track or album, please contact Customer Service by clicking here or sending an email to service@emusic.com..
6.1.13 In November 2010, when eMusic switches its system from credit to currency, any unused music credits in an eMusic members account will be converted at a rate of £0.42 per unused credit in your account as of the day of the switch to a currency system.
6.2 Audiobook Subscription:
6.2.1 By registering for the audiobook Service, you agree to pay the recurring fees designated for the audiobook Service level you select in accordance with Your Account, which can be found at https://www.emusic.com/account/index.html, and in accordance with this section 6.2. Additional charges may include purchases you make (i.e., gift subscription and/or Booster Packs) or service level changes you request. Subject to your right to terminate the audiobook Service prior to the Expiration of the Audiobook Trial Period (defined hereinafter), if any, as described in Section 6.2.3 below, you agree to pay the applicable amounts for the minimum period specified therein. For the avoidance of doubt, if you select an offer which includes free bonus credits as part of your first paid audiobook subscription period, you will be charged upon registration and are responsible for paying fees for the audiobook Service as described in the preceding two sentences. The term "month" (or "monthly") is defined herein as a 30-day cycle; bi-monthly (or 2-month) is defined as a 60-day cycle; "quarter" (or "quarterly") is defined herein as a 90-day cycle; and "year" (or "annual" or "annually") is defined as a 360-day cycle. Any time reference means Eastern Time.
6.2.2 Subject to the terms in Section 6.2.7 below, your audiobook subscription will continue automatically at the fee rate applicable to the audiobook Service, which you have selected unless terminated by eMusic or until you notify eMusic of your decision to cancel your subscription to the audiobook Service. PLEASE NOTE THAT IF YOU DO NOT CANCEL ANY AUDIOBOOK TRIAL PERIOD (DESCRIBED AT 6.2.3 BELOW) WHICH APPLIES, THEN ON EXPIRY OF IT OR ALTERNATIVELY IF YOU EXCEED THE ALLOWABLE NUMBER OF CREDITS DURING YOUR AUDIOBOOK TRIAL PERIOD, YOU WILL BE AUTOMATICALLY SUBSCRIBED TO EMUSIC. See below the Section entitled Termination / Cancellation for cancellation instructions. All audiobook subscriptions require a commitment for a minimum period(s) of time (Audiobook Service Level Period) and, consequently, cannot be cancelled until the end of the Audiobook Service Level Period. You may, at any time during your audiobook subscription period, set your audiobook account to cancel, or select another monthly, bi-monthly, quarterly, or annual audiobook subscription plan into which to renew, effective at the end of your then-current audiobook plan. At the end of your monthly, bi-monthly, quarterly, or annual audiobook subscription period(s), your audiobook subscription will automatically renew and you will be billed for a monthly, bi-monthly, quarterly, or annual audiobook subscription respectively at your then-current audiobook plan level, unless you elect to terminate the audiobook Service or enroll in another version of the audiobook Service. eMusic reserves the right to not automatically renew your audiobook subscription.
6.2.3 If, when registering, you signed up for an audiobook subscription with an "Audiobook Trial Period," you will be allowed a period during which you can try out the audiobook Service. Only one Audiobook Trial Period is permitted per person. The Audiobook Trial Period will expire upon the last day of the number of days indicated in the Audiobook Trial Period offer concerned as calculated in Eastern Time, or, if earlier, the moment on which you download more than the number of audiobook credit(s) indicated in such offer ("Expiration of the Audiobook Trial Period"). (Please refer to the confirmation provided on the site and via email for the specific terms of your Audiobook Trial Period). Please note that some audiobooks will require multiple credits to download and may exceed your free Audiobook Trial credits. If you terminate the audiobook Service prior to the Expiration of the Audiobook Trial Period, you will not have any further obligation with respect to the version of the audiobook Service to which you have committed and any remaining Audiobook Trial Period credits will expire. If you do not terminate and do nothing, at the Expiration of the Audiobook Trial Period, you will be automatically subscribed to eMusic audiobook membership and billed based on the payment plan selected when you registered (or as you may have updated through the "Your Account" section of the audiobook Service). By signing up to an Audiobook Trial Period, you understand and agree that: (i) you will be required to provide billing payment method upon registration, and (ii) eMusic will obtain a pre-authorization for the fee amount that you will be charged at the Expiration of the Audiobook Trial Period. It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges however, and you are solely responsible for any rules that your credit card company applies to them, such as overdraft fees.
6.2.4 Each month / 2-month / quarter / year (as applicable) during the term of this Agreement following the Expiration of the Audiobook Trial Period, the fees for use of the audiobook Service will be billed automatically to the credit or debit card you designated during the audiobook Service registration process or subsequently provided to eMusic. Under any audiobook Service level, any unused credits in each 30-day cycle do not carry over to the following cycle and are forfeited, unless your audiobook subscription plan expressly allows rollover (Unused audiobook credits from your Audiobook Trial Period will not be rolled over under any plan or for any other reason. You must use such credits during your Audiobook Trial Period or they will be forfeited.). You agree to pay or have paid all fees and charges incurred in connection with your IDs for the audiobook Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. If you want to designate a different credit or debit card or there is a change in credit or debit card validity or expiration date, or if you believe someone has accessed the audiobook Service using your IDs without your authorization, you must contact eMusic immediately at service@emusic.com.
6.2.5 Payment must be made by a major credit or debit card accepted by eMusic (currently, VISA, MasterCard, American Express, or any other methods of payment as eMusic may accept from time to time). Your credit or debit card will be billed monthly / bimonthly / quarterly / annually (as applicable) in advance commencing on your Expiration of the Audiobook Trial Period or on registration if you do not benefit from an Audiobook Trial Period and continuing thereafter on a monthly / bi-monthly / quarterly / annually (as applicable) basis on the thirtieth (30th) / sixtieth (60th) / ninetieth (90th) / three hundred and sixtieth (360th) (as applicable, respectively) following the expiration of the preceding audiobook billing period ("Audiobook Billing Date"). If eMusic does not receive payment from the card issuer or its agent, you agree to pay all amounts due upon demand by eMusic. Your card issuer agreement governs your use of your designated card in connection with the audiobook Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT EMUSIC, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT OR DEBIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORISED BY YOU.
6.2.6 If eMusic does not receive the full amount of your audiobook Service account balance within thirty (30) days of the Audiobook Billing Date, a late payment charge of one and one-half percent (1.5%) per month (or the highest amount allowed by law, whichever is lower) may be added to your bill and immediately become due and payable. Unless you notify eMusic of any discrepancies within sixty (60) days after they first appear on your account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release eMusic from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to eMusic within sixty (60) days of its first appearance on an invoice or credit or debit card statement.
6.2.7 You agree to pay eMusic all reasonable attorney's fees and costs incurred by eMusic to collect any past due amounts. Your audiobook account may be deactivated without further notice if payment is past due, regardless of the amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your audiobook Service account.
6.2.8 The fees, charges and payments hereunder are inclusive of any applicable VAT, taxes and other charges imposed by a taxing or other regulatory authority relating to your use of the audiobook Service.
6.2.9 EMUSIC RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS AUDIOBOOK FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY EMUSIC, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT http://www.emusic.com. EMUSIC MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may cancel your subscription to the audiobook Service, as provided in Section 7 below. YOUR CONTINUED USE OF THE AUDIOBOOK SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.
6.2.10 Upgrade/downgrade: Once you have entered into a paid audiobook Service level, you may upgrade or downgrade. Downgrade means that you are selecting any lower subscription tier. Upgrade means that you are selecting any higher subscription tier. Downgrade can only be effective at the end of your then-current Audiobook Service Level Period. At your option, upgrade can be effective either immediately or at the end of your then-current Audiobook Service Level Period. For monthly audiobook subscriptions, if you decide to upgrade immediately, you agree to pay the difference in price between your new upgraded audiobook subscription and your existing audiobook subscription and you agree to receive the difference in credits between your new upgraded audiobook subscription and your existing audiobook subscription. For example, a subscriber of the "eMusic Audiobook Basic" plan who upgrades to the "eMusic Audiobook Premium" plan will pay the difference between £14.99 and £7.99 (i.e.,£7.00), and will receive additional credits representing the difference between 1 credit and 2 credits (i.e., 1 additional credit). For annual audiobook subscriptions, if you decide to upgrade immediately, you will be credited with the trade in value of your existing annual audiobook subscription as a discount on your new annual audiobook subscription. The trade in value is calculated by taking the total price of the current annual audiobook subscription, pro-rating it across 12 months, then multiplying that number by the number of complete months remaining in the audiobook subscription. For example, trade in value for a "eMusic Audiobook Basic Annual" subscription with 6 complete months remaining (the 6 months remaining excludes the month that the member is in) is £76.70 divided by twelve, then multiplied by 6, which equals £38.34. After the upgrade is effective, you agree to pay the fees designated for the audiobook Service level you upgraded for in accordance with Your Account, which can be found at https://www.emusic.com/account/index.html, and in accordance with this section 6.
6.2.11 eMusic may allow you to re-download each of your previously purchased audiobooks a limited number of times for any technical reasons at no additional charge; nonetheless, if you exceed a reasonable number of re-downloads (as deemed by eMusic) on any given audiobook(s), you will be required to re-purchase such audiobook(s).
6.3 Subject to certain limitations, eMusic allows you to place your Service account(s) on hold for a certain period of time (e.g., 30, 60 or 90 days) (Hold Period) starting the day before the next cycle associated with your Service level (i.e., the next month if monthly Service level, the next quarter if quarterly Service level or the next 6-month if semiannual Service level), except for annual subscription for which the Hold Period will start the day before the next 30-day cycle. During your Hold Period, you will not be charged and you will not be able to download any content available on eMusic Service. At the end of your Hold Period, your monthly, bi-monthly, quarterly or semi-annual account will be re-activated and you will be charged the fee associated with your current Service level. At the end of your Hold Period, your annual account will be re-activated and, if you annual subscription reaches its renewal period during the hold period, you will be charged the fee associated with such Service level, in accordance with section 6 above. Note that if you have both a music Service account and an audiobook Service account, both accounts will be placed on hold during the Hold Period
7. TERMINATION AND DISTANCE SELLING
7.1 To cancel your account, please visit https://www.emusic.com/account/cancel.html or contact eMusics Customer Service by email (cancelme@emusic.com) or phone (0845-410-4104). If you cancel your subscription, eMusic will not refund any remaining portion of your subscription fees, any unused credits in your account or Loose Change will be forfeited. Cancellation will take effect at the end of the billing period during which you deliver notice to eMusic. Please note that, following cancellation of your subscription to the Service, you will not be able to download any more.
7.2 We may terminate this Agreement, restrict, suspend or terminate your use of the Service immediately and without notice or liability, if you violate, breach or fail to comply with this Agreement in any way (or we suspect that you have done so), and it will not limit any other rights or remedies which are available to us.
7.3 You may terminate this Agreement by providing us with written notice of your termination and ceasing to use Service. Upon the effective date of any such termination, your right to use the Service shall immediately cease.
7.4 Termination of this Agreement shall not relieve you of any obligations to pay accrued charges, including any prorated charges accrued for the billing cycle in which this Agreement is terminated.
7.5 The Consumer Protection (Distance Selling) Regulations 2000 ("Regulations") give consumers the right to cancel orders for services during the period of seven working days after the day on which provision of the service being provided commences. However under the exceptions to these Regulations, you agree that this right of cancellation does not apply. You have a right to terminate the Service during a Trial Period (if any) as outlined at 6.1.3 and 6.2.3, or otherwise at any time as outlined at 7.3 above.
7.4 Without limitation of any other provisions hereof regarding termination, we reserve the right to terminate your use of the Service, without cause, upon reasonable notice. If such termination occurs in the middle of your subscription period and you have not exhausted the credits permitted to you under the applicable payment plan, we shall refund to you a share of your prepaid subscription fee for the period prorated for the number of remaining unused credits.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Only you may access the Service using your IDs, unless otherwise agreed to in writing by eMusic. The content available through the Service is the property of eMusic or its licensors and is protected by copyright, database right and other intellectual property laws. All software used on the eMusic Site is owned or licensed by eMusic and is protected by copyright laws. Content received through the Service may be used, viewed and played for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, broadcast, perform, make available to third parties or circulate the content received through the Service to anyone or to exploit any such content for commercial or noncommercial purposes without the express prior written consent of eMusic. You further agree not to make use of the Content in a manner that would infringe the copyright therein.
8.2 You acknowledge that eMusic retains exclusive ownership of the Service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, database rights, trade secrets or trademarks with respect to the Service or its contents, and eMusic reserves all rights not expressly granted hereunder. You shall promptly notify eMusic in writing upon your discovery of any unauthorised use or infringement of the Service (or its contents) or eMusic's patent, copyright, database right, trade secret, trademarks or other intellectual property rights. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.
8.3 By posting messages, inputting data, suggesting playlists, suggesting ideas or engaging in any other form of communication through the Service, you irrevocably agree that any such content, and all intellectual property rights associated therewith, shall become our sole property. We may copy, sublicense, adapt, publicly perform, display or otherwise exploit any such content and rights in any manner whatsoever, throughout the world, in perpetuity, without any obligation to make any payment to you or others or to give you credit.
9. THIRD PARTY SITES AND INFORMATION
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party. These third party sites may contain information which some people consider inappropriate or offensive. You acknowledge that these third party sites are beyond our control, and we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is undertaken at your own risk, and is subject to the terms of use and privacy policies of each site. We include third party links or references merely as a convenience to our Users, and we do not endorse nor assume any liability for the third party websites, services, or products.
10. OUR LINKING AND WIDGET POLICY
Any web site that links to our website or on which you include the widget: (a) must not frame, surround, obfuscate or create a browser or border environment around any of the Content of our website; (b) may link to, but not replicate, any of the Content of our website; (c) must not imply that eMusic or our website or any artist or performer are endorsing or sponsoring it or its products, unless eMusic has given its prior written consent; (d) must not present false information about eMusic or its Service; (e) must not use any eMusic Services or trademarks except as expressly permitted in these Terms of Use or without the prior written permission from eMusic; (f) must not contain content that is illegal, obscene or defamatory, or that could be construed as distasteful, offensive or controversial; and (g) must not support, endorse or encourage piracy or the unauthorized exploitation of intellectual property rights. "Content" means any present, past and future content of the Service, including, but not limited to, software graphics, text, images, audio, designs, databases, trademarks, logos, domain names, trade names, service mark, any traded identities, any and all copyrighted materials (including source and object code), the "look and feel" of our website. By linking to our website, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms of Use, we reserve the right to deny permission to link to our website for any reason in our sole and absolute discretion.
The eMusic widget is not provided for commercial use, distribution or exploitation. If you are the operator of a commercial website and would like to include the eMusic widget in your website, or if you would like to use the widget for commercial purposes, please contact us by emailing legalrequest@emusic.com.
eMusic reserves the right to remove links or block the eMusic widget at any time and for any reason in its absolute discretion.
11. DISCLAIMER OF WARRANTIES
11.1 YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE EMUSIC SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE EMUSIC SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE.
11.2 There may be links that will let you leave the eMusic Site or that will let you access the eMusic Site from third party sites. Linked third party sites are not under our control and we are not responsible for the contents of any such linked site or any link contained in such a linked site. Existence of links to other third party sites is not an endorsement by us in favour of such site or the products or services contained in any linked site. To the extent that the eMusic Site contains links to or may be accessed from outside services and resources, the availability and content of which we do not control, any concerns regarding any such service or resource or any link thereto should be directed to the particular outside service or resource.
12. LIMITATION OF LIABILITY
SAVE IN THE CASE OF DEATH OR PERSONAL INJURY DUE TO OUR NEGLIGENCE OR WHERE WE HAVE ACTED FRAUDULENTLY, OUR TOTAL LIABILITY TO YOU FOR ANY DIRECT LOSSES SUFFERED BY YOU WILL BE LIMITED TO THE AMOUNT OF YOUR PERIODIC SUBSCRIPTION FOR ONE PERIOD.
WE WILL ONLY BE LIABLE FOR LOSSES WHICH WERE FORESEEABLE TO BOTH YOU AND TO US AS A CONSEQUENCE OF US BREACHING THESE TERMS AND CONDITIONS BY OUR OWN NEGLIGENCE.
FOR THE AVOIDANCE OF DOUBT WE WILL NOT BE RESPONSIBLE FOR ANY BUSINESS LOSS (INCLUDING LOSS OF PROFITS, REVENUE, CONTRACTS, ANTICIPATED SAVINGS, DATA, GOODWILL OR WASTED EXPENDITURE) OR ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS THAT WAS NOT REASONABLY FORESEEABLE TO BOTH YOU AND US WHEN YOU COMMENCED USING THE EMUSIC SITE.
13. INDEMNITY
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages arising from, incurred as a result of, or in any manner related to any claim or action based upon your use of the Service in breach of 5.4 and/or the use of the Service by any other person using your IDs. We may, in our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
14. CHOICE OF LAW AND CONSENT TO JURISDICTION
This Agreement is governed by English law. You agree to submit to the non-exclusive jurisdiction of the English courts.
15. OTHER IMPORTANT PROVISIONS
15.1 You shall not use the Service in any manner contrary to applicable laws and/or regulations. eMusic expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice of your failure to comply with any such laws or regulations. 15.2 Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. 15.3 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. 15.4 No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement. 15.5 You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void from inception. 15.6 This Agreement, together with our Privacy Policy and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated herein by this reference, constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service. 15.7 Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) (subject to any shorter limitation applicable pursuant to Section 6.7 above) and you hereby waive any longer statute of limitations that may be permitted by law. 15.8 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. 15.9 In the event you have any questions, concerns or complaints about the Service, you should contact us via the Contact Us link on the Site.
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Comments
"Publicly perform,' aw snap! There goes my plan for "Emusic Message Board: The Musical."
there was some pretty decent material being thrown around on that board and nobody gave it a second thought until they incorporated that paragraph into the TOS
I don't like to brag but I was kind of expecting to get a movie deal out of my highly acclaimed series Black by popular demand