"Give the Gift of Music" Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY PURCHASING THE EMUSIC "GIVE THE GIFT OF MUSIC" SUBSCRIPTIONS, YOU HEREBY AGREE TO BE BOUND BY AND COMPLY WITH THE FOLLOWING TERMS AND CONDITIONS.

  1. eMusic "Give the Gift of Music" Subscriptions ("Gift Subscriptions") expire one year from the date of issuance.
  2. Gift Subscriptions are not redeemable or refundable for cash and cannot be combined with any other offers or discount.
  3. Gift Subscriptions are one-time transferable subscriptions from the purchaser to the recipient, which must be activated through the eMusic.com web site by the recipient using the unique promotion code provided with the Gift Subscription. Upon recipient's entry of the promotion code, successful completion of the registration process for the Service and recipient's agreement to be bound by and comply with the eMusic.com Subscription Agreement for the Service, the Gift Subscription will be transferred to the recipient and activated.
  4. Gift Subscriptions that are not transferred and activated by the recipient within one (1) year after date of issuance will, without further notice, automatically activate for the benefit of the purchaser on the day following the anniversary date of issuance. Upon activation, eMusic will notify the purchaser using the contact information provided by purchaser during the registration process for the Service. eMusic is not responsible for fulfilling any Gift Subscription if not timely activated by the recipient or if eMusic is unable to reach the purchaser using the email address associated with purchaser's Service subscription account. Gift Subscriptions so automatically activated for purchasers will be redeemed on a new account (and will not serve to extend any then existing account); the login information for the new account will be sent to the purchaser using the contact information provided by purchaser during the registration process for the Service.
  5. eMusic.com is not responsible for lost or stolen Gift Subscriptions. EMusic.com will not honor Gift Subscriptions obtained by theft or fraud.
  6. GIFT SUBSCRIPTIONS ARE PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT SUBSCRIPTION PROMOTION CODE IS NON-FUNCTIONAL, YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION AND LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT SUBSCRIPTION WITH A PROMOTION CODE OF EQUIVALENT VALUE. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AND, CONSEQUENTLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
  7. Gift Subscriptions and their use are also subject to the eMusic.com Subscription Agreement for the Service.
  8. eMusic.com reserves the right to change these terms and conditions from time to time at its discretion.
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