Tell a Friend

eMusic Tell-a-Friend Program Rules Under the eMusic "Tell-a-Friend" Program ("Program"), you can introduce your friends, family and colleagues ("Friends") to eMusic and its products and services and earn certain rewards for your efforts subject to the following Program rules, terms and conditions ("Program Rules") . By participating in the Program, you acknowledge that you have read, understand, and agree to be unconditionally bound by the Program Rules. Any capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the eMusic Subscription Agreement.
  1. Eligibility. To participate in the Program, you must be 18 years or older and an eMusic.com subscriber with an account in good standing.
  2. Persons Who May Be Referred. You may only refer individuals with whom you have a personal or business relationship and whom you believe would be interested in the Program. These persons must be 18 years of age or older. Without limiting the generality of the foregoing, you may not submit for referral (i) group email addresses, (ii) email mailing lists, (iii) yourself, or (iv) current or former eMusic subscribers.
  3. Referrals. You may refer as many Friends as you would like. You may refer each Friend only once. You may only use one email address to participate in the Program.
  4. Emails to Referred Friends. eMusic will, if eMusic determines in its sole discretion that you have complied with these Program Rules, send on your behalf an email to each Friend that you refer prior to the Program Termination Date. Each email that is sent under the Program will contain an offer from eMusic (the "Promotion"). eMusic will determine, in its sole discretion, the contents of the offer and email.
  5. Rewards for Successful Referrals. For each of your Friends who respond to the referral email using the link contained in this email, accept the offer, participate in the Promotion, and pay for two (2) consecutive months of membership, eMusic will credit your eMusic account with a $10.00 "Booster Pack" to be used within 90 days of receipt in addition to your standard monthly balance ("Reward(s)"). eMusic reserves the rights to offer you different Rewards as part of the Program at any time.
  6. Term of Program. eMusic may, in its sole discretion, terminate the Program at any time by posting a termination notice on the eMusic Site. The Program will terminate on the date specified in such notice (the "Termination Date").
  7. Remedies for Your Noncompliance. If eMusic determines in its sole discretion that you have not complied with these Program Rules, it may immediately and without notice to you, disqualify you from further participation in the Program (including, without limitation, canceling or declining to apply to your account, any and all rewards or Promotions issued or to be issued to you and to any of your Friends and/or by declining to send or stopping from being sent, any emails in connection with the Program). Any attempt by any person to deliberately undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, eMusic reserves the right to seek damages from any such person to the fullest extent permitted by law.
  8. Your Consent to Use Your Data in Emails. You hereby grant your consent for eMusic to use your name and email address for the purposes of sending an email to your Friends in connection with the Promotion. You agree not to provide or use any false email addresses, mailing addresses, or names for this Program.
  9. Your Representations and Warranties to Us. You represent and warrant to eMusic that you have an existing business or personal relationship with each Friend and that it is your genuine opinion that each Friend would wish to receive the Promotion from eMusic. By providing us with the names and email addresses of your Friends, you are affirmatively requesting and authorizing eMusic to send them an email, as outlined herein, on your behalf.
  10. Promotion Rules. Each Promotion issued under the Program is subject to the specific Promotion terms and conditions
  11. Indemnification. By participating in the Program, you accept all responsibility for, and hereby indemnifies and holds harmless eMusic, each of its related companies, and each such company's respective officers, directors, employees, shareholders, agents, and successors, and assigns (the "Released Parties"), from and against any claims that may arise from actions taken by you.
  12. Limitation of Liability for eMusic. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER RELEASED PARTIES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES, REGARDLESS OF THE FORM OF THE ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
  13. Entire Agreement. These Program Rules represent the entire agreement between you and eMusic with respect to the Program.
  14. Variation of the Program Rules. These Program Rules may be amended or modified by eMusic in its sole discretion at any time. Any such amendments will be posted to this page and will apply to any transactions and events that occur after the effective date thereof. It is your responsibility to review this page from time to time for such amendments.
  15. Personal Information. eMusic may use third party service providers for any or all parts of administering the Program. These third parties may use your personal information and the personal information of your Friends to administer the Program. eMusic and third parties may use aggregated data (data that can not be used to personally identify a user including name and email address) for any purpose.
  16. Severance. If any provision of these Program Rules is held to be invalid, such invalidity will not affect the remaining provisions. The Program will be void and of no effect where prohibited by applicable law.
  17. Force majeure. The failure of eMusic to comply with any provision of Program Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism act of public enemies, actions of governmental authorities outside of the control of eMusic or other force majeure event will not be considered a breach of these Program Rules.
  18. No waiver. eMusic's failure to enforce any term of these Program Rules shall not constitute a waiver of that provision.
  19. Disputes. Except where prohibited, you agree that: (i) any and all disputes, claims, and cause of action arising out or connected with this Program shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court of the Southern District of New York, or the appropriate New York State Court located in the Manhattan county; (ii) any and all claims, judgments and awards shall be limited to actual out-of pocket costs associated with entering this Program, but in no event attorney's fees; and (iii) under no circumstance will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than the actual out-of-pocket expenses, and any and all right to have damages multiplied or otherwise increased. All issues and questions concerning the constructions, validity, interpretation, and enforceability of these Program Rules, or your rights and obligation in connection with this Program, shall be governed by, and construed in accordance with the laws of New York State, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. By participating in the Program, you waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.
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