THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND EDGE MUSIC NETWORK INC. (“EMN,” “WE” OR “US”) STATING THE TERMS THAT GOVERN YOUR USE OF THE MOBILE APPLICATIONS, WEBSITES, AND/OR OTHER SERVICES OWNED, OPERATED AND PUBLISHED TO YOU BY EMN (THE “SERVICES”). THIS AGREEMENT – TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, AND ALL OF EMN’S RULES AND POLICIES COLLECTIVELY CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND EMN. BY USING OR ACCESSING ANY OF THE SERVICES YOU AGREE TO BE BOUND BY THIS AGREEMENT AND TO ABIDE BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT YOU HAVE READ, UNDERSTAND, AND ACCEPT THIS AGREEMENT BY YOUR USE AND CONTINUED USE OF THE SERVICES.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES. YOU MUST ACCEPT AND ABIDE BY THIS AGREEMENT AS PRESENTED TO YOU. CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND EMN MAY REFUSE ACCESS TO THE EDGE MUSIC NETWORK SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
1. The Edge Music Network Service.
A. Edge Music Network Inc. (“EMN,” “we” or “us”) is the provider of the Services, an online and mobile service provider that provides artists (directly and/or by their record label) with the opportunity to make their live in-concert and promotional videos and other content (individually and collectively, “Videos”) available and to connect with their fans. The Service also enables its users to enjoy the Videos, share them with other users and engage in the Service’s various other features, activities and services.
B. The Service offers multiple levels of functionality to its users:
(i) A free ad-based online service through which users can discover and search for artists, view Videos, participate in our mobile Service, and engage in integrated social activities on Facebook and other social networks, among other things. The free Service includes advertisements both embedded in the Video player as well as on the page on which the Video player is contained. Registered users may earn “points” redeemable for products by viewing Videos.
(ii) A “Premium” fee-based service, currently for $9.99 per month, through which users can have all of the free Service’s benefits, and which does not include ads embedded in the Video player but does include ads on the page containing the Video player. Registered and paid Premium users can earn extra Points as designated on the particular Video. Premium users also may be able to view exclusive, premium-only additional Videos not available with the free Services.
C. From time to time, we may offer trials of the Premium Service for a specified period without payment (a “Trial”). EMN reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability. For some Trials, EMN will require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Premium Service on the first day following the end of the Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must change your Subscription to the Free Service through your Account’s settings before the end of the Trial.
D. In consideration for the rights granted to you under this Agreement, you grant us the right (i) to allow the Service to use the processor, bandwidth and storage hardware on your computer and/or mobile device in order to facilitate the operation of the Service, (ii) to provide advertising and other information to you, and (iii) to allow our Advertisers and business partners to do the same. This Agreement is not intended to grant rights to anyone except you and EMN, and in no event shall this Agreement create any third party beneficiary rights. Any failure by EMN to enforce this Agreement or any provision thereof shall not waive EMN’s right to do so.
2. Your Eligibility. By using or visiting the Service, you hereby agree to the terms of this Agreement and you affirm that you either are more than 18 years old or you possess legal parental or guardian consent to your entering into this Agreement, and you represent and warrant that you are fully able to enter into this Agreement and to abide by and comply with its provisions. If you do not agree to all of the Agreement’s provisions, please do not use the Service. By using or visiting the Service, you further represent and warrant that (a) you are 13 years of age or older (as the Service is not intended for children) and you reside in the United States of America, its territories and possessions or in another country where the Services are legal; and (b) your use of the Service does not violate any applicable law, rule or regulation; and (c) all information which you may supply to EMN or otherwise in connection with your use of the Services shall be truthful and complete at all times during your use of the Services. If you are under 13 years old or do not reside in the United States of America or a country where the Services are legal, then please do not use the Service. You may not use the Services if you are barred from using the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You agree that your use of the Services will comply with all applicable laws, regulations and ordinances including, but not limited to, the export laws of the United States relating to software and data. Certain Videos may only be available to users located within the United States.
4. Purchase of the EMN Premium Service. If you reside in a country which is part of the European Union and have purchased a Premium subscription online, you have the right to change your mind and receive a full refund within fourteen (14) days of purchase (the “Cooling-off Period”), but only if you have not logged in or otherwise redeemed or started to consume the Services.
If you choose to pay for the EMN Premium Service, the applicable fee will be charged by the third-party payments processor designated by EMN (and subject to change without notice) in accordance with the payment method you have chosen for your purchase. If you choose to pay by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card which is issued in your name. The third-party payments processors may charge a fixed fee and/or a commission to process your payments. ENM may also charge a commission on your charges and purchases as well. Cash payments are strictly prohibited.
5. Prices. All prices stated on the Service website or mobile application as well as any other device or method of accessing the Services, including, without limitation so-called over the top devices, are inclusive of any applicable sales taxes and fees. EMN may change the price for the EMN Premium Service from time to time. Any such price change will take effect after the expiration of the last paid for period. Any price change will be communicated to you in advance so that you have an opportunity to elect to not renew. If you do not wish to be bound by such changed price, you may terminate your subscription in accordance with paragraph 19 below. Your continued use of the EMN Premium Service after the communication to you of such price change constitutes your acceptance of such new price.
6. Automatic subscription renewal. Your subscription to the EMN Premium Service will automatically renew at the end of each subscription term unless you terminate your subscription prior to the end of such subscription term in accordance with paragraph 19 below. Such automatic renewal will be for the next monthly subscription period. At the time of renewal, the payment method you have designated to be charged for the purchase of the EMN Premium Service will automatically be charged our then-current fees for the applicable subscription.
7. Bands/Artists. Reserved at this time; coming soon.
8. Venues. Reserved at this time; coming soon.
9. Claiming a Band Page or Venue Page. Reserved at this time; coming soon.
10. Rights in User Content on the Service.
A. As a registered EMN account holder, you may submit comments to posted Videos and request for additional Rewards in the form of text only (collectively, “User Content”) to the Service, including videos and user comments. You understand that EMN does not guarantee any confidentiality with respect to any User Content you submit.
B. You shall be solely responsible for your User Content and for the consequences of submitting and publishing your User Content on the Service.
C. You represent and warrant that you own or have all necessary licenses, rights, consents, and permissions for the exercise of all rights of publication and use of your User Content on and in connection with the Service pursuant to this Agreement including, without limitation, with respect to all copyright, trademark, patent, trade secret, rights of publicity, rights of privacy or other proprietary rights in and to such User Content, and that such User Content shall not state, nor shall it imply any affiliation, endorsement, approval or cooperation with you or your User Content by EMN or any artist, band, label, venue, entity or individual without express written consent from such individual or entity.
D. You retain your ownership of your User Content. However, by submitting any User Content to EMN, you hereby grant to EMN an unrestricted, unconditional, unlimited worldwide, non-exclusive, non-revocable, royalty-free, transferable and sub-licensable license (including, without limitation, to users of the Service and through multiple tiers including, without limitation, through widgets distributed via third party sites) to use, reproduce, distribute, exhibit, publish, broadcast, transmit, modify, prepare derivative works of (including, without limitation, combining your User Content with other Service and third party content including other Videos), display, perform, adapt, reformat, translate, and otherwise exploit all or any portion of your User Content for the life of copyright therein (the “Term”) on and in connection with the Service, EMN's (and its successors' and affiliates') businesses including, without limitation, for promoting and redistributing part or all of the Service (and derivative works thereof) and any other websites, channels, services, and other distribution platforms, whether currently existing or developed in the future, for any purpose whatsoever (including, without limitation, for any promotional purposes) in any media or formats and through any media channels, now known or hereinafter developed without accounting, notification, credit or other obligation to you (including, without limitation that you shall not be entitled to any compensation because of the use or exploitation thereof) and the right to display advertisements and promotional material in connection with your User Content and you hereby waive any moral rights with respect thereto. Where applicable under the laws of your country of residence or use of the Services, you agree to waive your right to be identified as the author of any User Content on the Service and your right to object to derogatory treatment of such User Content
(i) You may continue to use (or license others to use) your User Content, subject to EMN’s non-exclusive rights hereunder.
(ii) The User Content you deliver hereunder is intended for a shared experience in the Service and as referred to in this Agreement. It shall be incorporated into the database and other elements of the Service and it cannot be removed, except in accordance with the takedown provisions of paragraph 21 below. You agree that the above licenses granted by you in the User Content you submit to the Service continue for the life of copyright after the Term even if you terminate this Agreement and your use of the Service. Notwithstanding this, EMN may elect to retain in its database, but not display, distribute, or perform, server copies certain types of your User Content (such as your user comments) pursuant to its policies from time to time.
E. You agree no User Content you submit to the Service will contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have written, fully-paid permission from the rightful owner of the material or you are otherwise legally entitled to submit and publish the material and to grant to EMN all of the license rights granted herein. You agree that you will not submit to the Service any User Content or other material that is contrary to the provisions of paragraph 14 below or contrary to applicable law.
F. EMN does not endorse any User Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and EMN expressly disclaims any and all liability in connection with User Content. EMN does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and EMN will remove all User Content if properly notified that such User Content infringes on another's intellectual property rights. EMN reserves the right to remove User Content without prior notice.
11. Use of User Content and/or Videos. In addition to the general restrictions referred to in paragraph 12 below, the following restrictions and conditions apply specifically to your use of User Content and/or Videos:
A. All User Content and/or Videos on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to EMN and are subject to copyright and other intellectual property rights under law.
B. User Content and/or Videos and the Service are provided to you AS IS and AS AVAILABLE. You may access User Content and/or Videos for your information and your private, non-commercial use solely as intended through the provided functionality of the Service and as permitted under this Agreement. You shall not copy, reproduce, distribute, transmit, display, sell, license, or otherwise exploit any User Content and/or Videos for any other purposes except as expressly authorized by EMN. EMN reserves all rights not expressly granted in and to the Service and the User Content and/or Videos.
C. You agree not to circumvent, disable or otherwise interfere with any security-related features of the Service including, without limitation, any features that prevent or restrict use or copying of any User Content and/or Videos or enforce limitations on the use of the Service or any User Content and/or Videos.
D. While using the Service, you will be exposed to User Content and/or Videos from a variety of sources and EMN is not responsible for such User Content and/or Videos. You also acknowledge that you may be exposed to User Content and/or Videos that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any rights or remedies you may have against EMN with respect thereto. You agree to indemnify and hold harmless EMN, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
12. Restrictions on Your Use of the Service. Subject to your strict compliance with the provisions of this Agreement, EMN grants to you a non-exclusive, personal, worldwide, non-transferable and revocable limited license to access and use the Services solely for your own non-commercial purposes apart from within the Services by accessing the Services through a web browser or mobile device as well as any other device or method of accessing the Services, including, without limitation so-called over the top devices,. You explicitly agree that you will not use the Services for any other purpose other than as provided for by this Agreement. In addition you specifically agree that you shall not:
A. distribute any part of the Service or any User Content and/or Videos in any manner unless EMN encourages such distribution through functionality offered by the Service for such purpose;
B. alter or modify any part of the Service;
C. access any User Content and/or Videos other than through the video playback pages of the Service itself or other means authorized by EMN;
D. use the Service for any commercial purpose including, without limitation, with respect to any sale of access to the Service, or in connection with any advertising, sponsorship, or promotion in the Service or any User Content and/or Videos;
E. use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the EMN servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, EMN grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. EMN reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their User Content and/or Videos.
F. use the Service in any manner except in compliance with all applicable laws.
G. EMN reserves the right to discontinue any aspect of the Service at any time or change the content of the Services at any time for any reason with or without notice to you without liability or obligation.
13. User Content Posted.
A. The Service may delete any User Content and/or Videos that, in the sole judgment of EMN, violates this Agreement. EMN assumes no responsibility for monitoring the Service for inappropriate User Content and/or Videos or conduct. If at any time EMN chooses, in its sole discretion, to monitor the Service, EMN nonetheless assumes no responsibility for the User Content and/or Videos, no obligation to modify or remove any inappropriate User Content and/or Videos, and no responsibility for the conduct of the user submitting any such User Content and/or Videos.
B. You are solely responsible for the User Content that you post on or through the Service.
C. EMN does not endorse and has no control over the User Content and/or Videos. User Content and/or Videos is not necessarily reviewed by EMN prior to posting and does not necessarily reflect the opinions or policies of EMN. EMN makes no warranties, express or implied, as to the User Content and/or Videos.
14. User Content/Activity Prohibited. The following list provides examples of the types of User Content and/or activity that is prohibited to post on or through the EMN Service. EMN reserves the right to investigate and take appropriate legal action against anyone who, in EMN’s sole discretion, violates this provision, including, without limitation, by removing the offending User Content. Prohibited User Content and/or activity includes, but is not limited to, User Content and/or activity that, in the sole discretion of EMN:
A. is illegal;
B. is patently offensive;
C. violates the copyright, privacy, publicity or any other rights of any third party;
D. harasses or threatens, or advocates the harassment or threatening of, another user or other person;
E. contains nudity, violence, or offensive subject matter or contains a link to a website that contains such material;
F. solicits personal information from anyone under 18 years old;
G. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
H. provides any telephone numbers, street addresses, last names, URLs or email addresses;
I. promotes false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
J. promotes any activity that is abusive, threatening, obscene, defamatory or libelous;
K. promotes any illegal or copyright infringing work, such as providing links to pirated or unauthorized programs or works;
L. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, harvesting of email addresses or other personal information, "spidering,” “screen scraping,” “phishing,” “database scraping,” “spamming” or any other activity intended to obtain lists of users or other information;
M. involves the transmission of any harmful executable code, including, without limitation any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users’ computers;
N. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
O. involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes;
P. includes any photograph of another person without that person's consent;
Q. involves criminal or tortious activity including, without limitation, child pornography, fraud, drug dealing, gambling, stalking, or theft of trade secrets;
R. advertising to, or solicitation of, other users to buy or sell any products or services;
S. using any information obtained from the EMN Service in order to contact, advertise to, solicit, or sell to any other user;
T. interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service;
U. attempting to impersonate another user, or attempting to solicit or obtain passwords or other private information from other users;
V. using any information obtained from the Service in order to harass, abuse, or harm another person;
W. accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Service on behalf of that person, such as posting blogs with a commercial purpose, or sending messages with a commercial purpose;
X. using the EMN Service in a manner inconsistent with any and all applicable laws and regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, cheats or hacks for the Services, or money laundering; or
Y. exploiting, distributing or publicly informing other users of any website error, miscue or bug which gives an unintended advantage.
The foregoing is only a partial list of the kind of User Content and activity that is prohibited on and through the Service.
EMN reserves the right to investigate and take appropriate legal action, in EMN’s sole discretion, against any person that violates this provision including, without limitation, reporting such person to law enforcement authorities.
15. Third Party Platforms & Content.
A. The Service has features that allow you to make your profile publicly available, share links to tracks and playlists with other users of the Service, and integrate your activities on the Service with third party social networking services including Facebook and Twitter, including allowing you to connect your EMN Service account to your Facebook account. If you choose to activate such integration with any third party social networking service such as, without limitation, choosing to connect to a Facebook account, your EMN Service profile including your Facebook user name and Facebook profile photo, will become publicly viewable to other users of the EMN Service. If you connect your EMN Service Account to a social account, such as, by way of example, only, Facebook, you may be able to choose in the social website’s privacy settings (but not in the Service’s settings), e.g., Facebook Privacy Settings page located at https://www.facebook.com/settings/?tab=privacy whether or not you wish to automatically share your listening activities to to that social network (e.g., Facebook), including whether or not to publish your playlists when created, to other EMN Service users or to that social network (e.g., Facebook) if you have activated sharing to that social network. You agree that EMN is not responsible for User Content once it is shared to a social network, e.g., Facebook.
16. Your Information. You agree to provide accurate, current, and complete information when you register with the Service and at other points as may be required in the course of using the Service (“Registration Data”). You further agree to maintain and update your Registration Data as necessary to keep it accurate, current, and complete. EMN may in its sole discretion suspend or terminate your registration and/or your rights to any or all of the Service and/or refuse your further use of the Services, all without obligation or liability to you or any other party if any information you provide is false, inaccurate or incomplete. You agree that EMN may store and use the Registration Data you provide (including credit card and PayPal account information) for use in maintaining your accounts and billing fees to your credit card or PayPal account.
17. User Account and Security.
A. Account and Password. As a registered user of the Service, you may receive or establish an account (“Account”). When creating your account you must provide accurate and complete information. You are solely responsible for maintaining the confidentiality and security of your Account (including usernames, passwords and billing information). You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify EMN of any unauthorized use of your Account or any other breach of security. Your account is unique to you, and you may neither transfer (nor otherwise make available) your account to others, nor may you use another’s account at any time without prior written permission from EMN. EMN shall not be responsible for any losses arising out of the use of your Account by anyone other than you, whether or not that activity is authorized by you, however you may be liable for the losses of EMN or others due to such unauthorized use. If you distribute your account or related information, EMN reserves all rights to terminate your account immediately and without refund. By registering and creating an Account or merely utilizing the Services, you consent to the transfer of your information to countries where our information processing facilities, business operations and servers are located, including the United States and other countries where data protection laws may differ from those of your home country.
B. Security. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to the Service for any reason whatsoever. You will not access the Service by any means other than through software that is provided by EMN for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including, without limitation obtaining unauthorized access to the Service or to access, acquire or accumulate Points you are not otherwise entitled to for viewing ads contained within Videos or the webpages or mobile application pages on which they are posted. Violations of system or network security may result in civil or criminal liability.
C. EMN has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that EMN in its sole discretion deems appropriate.
18. Loss of Service; Data/Equipment Outage. The Service and your data maintained on the Service is subject to malfunctions and losses and EMN is not responsible for, and does not warrant regarding, any such malfunction or loss. You are urged to backup any important data of yours that you maintain on the Service to avoid any inconvenience in case of such loss.
19. Intellectual Property.
A. Acknowledgement of Ownership. You agree that the Service contains proprietary information and material that, as between you and EMN, the Service and all such propriety information and material is owned by EMN, and is protected by applicable intellectual property and other laws including, but not limited to, copyright and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
B. Copyrights. All copyrights in and to the Service are owned by EMN, which reserves all of its rights in law and equity. THE USE OF ANY PART OF THE SERVICE, EXCEPT AS PERMITTED IN THIS AREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
C. Trademarks. EMN, the EMN logo, and other EMN trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Edge Music Network Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
D. Prohibitions. We respect the intellectual property rights of others, and we require users to respect our copyrights, trademarks, and other intellectual property rights and shall aggressively enforce same to the fullest extent of the law. The Service is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Service including, without limitation, notices on any User Content and/or Videos you transmit, display, print, stream or reproduce from the Service. Except to the extent expressly authorized by EMN, you shall not, nor shall you allow any third party to, reproduce, modify, create derivative works from, display, perform, publish, distribute, frame, scrape, post, transmit, disseminate, broadcast, sell or otherwise use any User Content and/or Videos without the express, prior written consent of EMN. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties.
20. Termination. You may terminate your use of or registration or subscription to the Service at any time, for any reason, and EMN may terminate the Term of this Agreement and/or your use of or registration to the Service at any time, for any or no reason, with or without prior notice, and without liability or obligation to you or any third party. EMN shall have no obligation to refund any amounts previously paid with respect to the Service. EMN’s rights with respect to any User Content you delivered to the Service prior to such termination shall continue after the Term in accordance with the terms of paragraph 10 above. Even after the Term and after your registration is terminated, your obligations under this Agreement including, without limitation, any indemnifications, representations, warranties and limitations of liability shall continue to remain in effect.
A. EMN reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice to you, and EMN will not be liable to you or to any third party should it exercise such rights.
21. Digital Millennium Copyright Act.
A. If you are a copyright owner or an agent thereof and believe that any User Content and/or Videos infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
EMN's designated Copyright Agent to receive notifications of claimed infringement is:
Edge Music Network Inc.
Attn: Copyright Agent
B. Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:
(i) Your physical or electronic signature;
(ii) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
(iii) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
(iv) Your name, address, telephone number, and e-mail address, a statement that you shall accept service of process from the person who provided the notification of the alleged infringement.
If a counter-notice is received by our Copyright Agent, EMN may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at EMN's sole discretion.
22. General Compliance with Laws.
A. The Service is controlled and operated by EMN from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service. EMN makes no representation that the Services are appropriate, legal or available in any location other than the United States. Users residing in countries where redemption of points for Rewards is prohibited are not eligible for such Reward. The Services are not intended for publication or distribution by any person or entity in any country or jurisdiction where such publication or distribution would be contrary to law or regulation, or which would subject EMN to any additional requirements with such country or jurisdiction.
B. Laws of Other Jurisdictions. EMN makes no representation that the Services are appropriate, legal or available in any location other than the United States. The Services are not intended for publication or distribution by any person or entity in any country or jurisdiction where such publication or distribution would be contrary to law or regulation, or which would subject EMN to any additional requirements with such country or jurisdiction.
23. Enforcement of These Terms. EMN reserves the right to takes steps EMN believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to EMN’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party’s rights). You agree that EMN has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as EMN believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to EMN’s right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party’s rights).
24. No Responsibility for Third Party Materials or Platforms. Certain content, products and services available via the Service may include materials (“Third Party Materials”) from third parties, including, without limitation Advertisers. In addition, EMN may provide links to certain Third Party Platforms (as described at 15(B), above). You acknowledge and agree that EMN is not responsible for examining or evaluating the content or accuracy of any such Third Party Materials or Platforms. EMN does not warrant or endorse and does not assume and will not have any liability or responsibility for any Third Party Materials or Platforms, or for any other materials, products, or services of third parties. Links to Third Party Platforms are provided solely as a convenience to you. You agree that you will not use any Third Party Materials in a manner that would infringe or violate the rights of any other party, and that EMN is not in any way responsible for any such use by you.
25. Disclaimer of Warranties; Liability Limitations.
A. EMN makes no warranties or representations about the accuracy or completeness of the content of the Services and of the content of any sites or content linked to the Services; EMN assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Services, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services.
B. EMN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICE AND ITS CONTENT IS ACCURATE OR COMPLETE, AND YOU AGREE THAT FROM TIME TO TIME EMN MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. EMN DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT ALL TIMES OR ALL LOCATIONS, OR THAT EMN WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES IN ANY SPECIFIC GEOGRAPHIC AREA. YOU ACKNOWLEDGE THE IMPERMANENACE OF DIGITAL WORKS, AND AGREE EMN HAS NO OBLIGATION TO PROVIDE YOU WITH UNLIMITED ACCESS TO USER CONTENT OR VIDEOS. EMN DOES NOT GUARANTEE THAT ANY USER CONTENT OR VIDEOS WILL ALWAYS BE AVAILABLE, AND EMN WILL HAVE NO LIABILITY FOR “BROKEN LINKS” OR OTHER MISSING OR INCOMPLETE CONTENT OF ANY KIND.
C. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMITTED BY LAW. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, AND TIMELINESS. IN NO CASE SHALL EMN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE, ANY CONTENT OR FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY
A THIRD PARTY THROUGH THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY THERETO INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVIVE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EMN’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
D. YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF INFORMATION AND CONTENT IN CONNECTION WITH THE SERVICE IS AT YOUR SOLE RISK, AND EMN HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION OR CONTENT IN ANY WAY.
E. EMN DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND EMN DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
26. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD EMN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OR ALLEGED BREACH OF THIS AGREEMENT, ANY CLAIM THAT YOUR CONTENT VIOLATED OR ALLEGEDLY VIOLATED ANY THIRD PARTY’S RIGHTS INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PROPERTY, RIGHT OF PRIVACY, RIGHT OF PUBLICITY RIGHTS OR ANY OTHER RIGHTS, YOUR USE OF AND ACCESS TO THE SERVICE, OR ANY ACTION TAKEN BY EMN AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM EMN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF EMN’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS OR ALLEGED VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT, AND IT SURVIVES THIS AGREEMENT AND YOUR USE OF THE SERVICE.
27. Data and Wireless Access Charges. Certain aspects of the Services may require data access, and the provider of data access (e.g., network operator, wireless carrier, etc.) for your mobile device may charge you data access fees in connection with your use of such aspects of the Services, including, without limitation, wireless carrier messaging and other communication, messaging and data fees and charges. Under no circumstances will EMN be responsible for any such data access fees and charges in connection with your use of any EMN Services, including wireless internet, email, text messaging or other charges or fees incurred by you (or any person that has access to your mobile device, telephone number, email address, Account or other similar information). Further, the use or availability of certain EMN Services may be prohibited or restricted by your wireless carrier and/or data access provider, and not all EMN Services may work with all wireless carriers, networks, platforms, services or mobile devices.
28. Advertisers. From time to time, you may choose to communicate with, interact with, or obtain Third Party Platforms (as such term is defined herein) of or from advertisers, sponsors, or promotional partners (collectively, the “Advertisers”) found on or through the Services or a hyperlinked site, service or platform. All such communication, interaction and participation is strictly and solely between you and such Advertisers and EMN shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).
28. Injunctive Relief. You acknowledge and agree that the rights granted to you and your obligations to EMN under this Agreement are unique and irreplaceable in nature, and the loss of which will irreparably harm EMN and cannot be compensated by monetary damages alone. You agree that EMN shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to monetary damages only.
29. Changes. EMN reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement. You are responsible to review this Agreement for any changes, and your continued use or visiting of the Service thereafter will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
28. Notices. EMN may send you notice with respect to the Service by sending an email message to the email address listed in your EMN Account contact information, or by sending a letter via postal mail to the contact address listed in your EMN Account contact information.
29. Governing Law / Arbitration / Limitations Period For Claims.
A. Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, this Agreement is are subject to the internal laws of the State of California, excluding its conflicts of law rules, govern this Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that and consent to exclusive jurisdiction for any claim or dispute with EMN or relating in any way to your use of the Service resides in the federal and state courts of the State of California, city of Los Angeles, and you hereby consent to, and waive all defenses with respect to said venue and jurisdiction.
B. Notwithstanding the foregoing to the contrary, If you are a United States user, you agree to the following mandatory arbitration provisions:
(i) You and EMN agree that any dispute, claim or controversy arising out of or relating in any way to the Services or your use thereof, including this Agreement, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and EMN are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of these Agreements and the termination of your Account. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA Rules”), as modified by this Agreement, and as administered by the AAA. You and EMN agree that this Agreement involves interstate commerce and are subject to the Federal Arbitration Act.
(ii) You and EMN agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the EMN Service are NOT subject to mandatory arbitration. Instead, you and EMN agree that these claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by courts of competent jurisdiction in Los Angeles County, California, and that applicable California and/or Federal law shall govern, without regard to choice of law principles.
(iii) YOU AND EMN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, no arbitrator shall consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.
(iv) Any arbitration you wish to bring must be commenced by you by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date you first know or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted by you within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA's Consumer Rules with the remainder paid by EMN. Any arbitration costs or fees deemed “excessive” will be paid by EMN
30. Survival. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement.
31. Special Promotions. From time to time, EMN, or its Video suppliers or its Advertisers may conduct one or more promotions on, through or in connection with the Services, including, without limitation, contests and sweepstakes (each a “Special Promotion”). Each Special Promotion may have Additional Terms and/or Rules which shall be posted or otherwise made available to you and, for purposes of each Special Promotion, shall be deemed incorporated into and form a part of this Agreement by this reference.
32. Digital Signature Provisions. You represent and warrant that you have the legal right, power and authority to agree to the terms of this Agreement on behalf of yourself. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have formed, executed, entered into, accepted the terms of and otherwise authenticated this Agreement and acknowledged and agreed that this Agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you.
33. Points, Generally. As a registered user of the Services, you are entitled to earn “Points” in the prescribed manner and amount as detailed on the Services and through authorized communications by EMN, its partners and clients to registered users of the Services. The methods of earning Points, as well as the amounts available are subject to change from time to time and will be communicated via the Services.
A. Unless otherwise specifically notified, Points can only be earned via the Services and through following all and any instructions from EMN regarding earning Points. Your failure to correctly follow any required instructions or procedures may result in no Points being earned, for which you will have no recourse against EMN or any participating companies.
B. You are responsible for assessing any tax implications that may arise through collecting Points and/or redemption for Rewards, and for the payment of any said taxes.
C. EMN reserves the right to change the range of products and services available for redemption of Points, as well as the number of Points required to make any such redemption from time to time and will be communicated via the Services.
D. Points have no monetary or cash value, may not be refunded or exchanged and cannot be used for any purpose other than redeeming designated rewards. At no time will rewards be available to be exchanged or refunded for a cash value.
E. Points cannot be sold or transferred and cannot be exchanged for cash or for any other goods and services, except for the redemption for Rewards as provided herein.
F. You may redeem Points for merchandise (“Rewards”) in the Rewards section of the Services.
G. When you select a Reward item, the required number of Points are deducted from your balance of Points.
H. Based on pricing and availability of Rewards, you may not have enough Points to redeem for any item. In addition, you may have Points remaining after purchasing an item(s) from the Rewards section that are insufficient to purchase additional items. Your unredeemed Points may be stored in your Account for future use.
I. Points balances can be checked in your Account.
J. Points do not expire (other than Points issued in connection with a special promotional offer that may have an expiration date (“Promotional Points”)), are not subject to a maintenance fee and are stored in your Account, and can be used for any Rewards item(s), unless otherwise noted.
K. Points that are (i) altered in any way, (ii) appear to be counterfeit, or (iii) do not contain evidence that they were properly earned through the Services, will be confiscated and not accepted for redemption.
L. EMN reserves the right to remove all accrued Points from any Account that has been dormant for a period of 12 months or more. We will use reasonable efforts to contact you, via your nominated email address, to notify you if the accrued Points are at risk of removal. If a reply is received confirming that the Account is still active, EMN will continue to maintain the Points balance. In the absence of a satisfactory response, the accrued Points will be forfeited, though the Account will remain open.
M. Accumulation of Points and availability of Rewards are offered in good faith, however may not be available if prohibited by law or regulation in your country of residence or from where you access the Services.
34. Accrual of Points. To earn Points, you must be a registered user of the Services and meet all of the conditions described herein.
A. Points can be earned for viewing Videos for a minimum designated length and only through the Services. You may also earn Points for eligible purchase of music, Videos and other products, from time to time within the Services, as well as by sharing Videos with other users, and by participating in designated social sharing activities, as noticed within the Services from time to time. Points may also be earned for other activities as designated by EMN, from time to time.
B. No Points will be awarded if you do not watch at least the designated minimum length of the subject Video, as may be amended from time to time by EMN without notice. EMN is not responsible for and does not guarantee that your viewing of the Video(s) will not be interrupted due to outages of the Services or for any other reason.
C. You may become eligible to earn additional Points by joining the Premium, fee-based Service.
D. Any Points offered in conjunction with specific Videos will be considered earned when viewing of the minimum required length of the subject Video has been completed, and the Points added to your Account. Points will not be available for redemption before the entire required minimum Video viewing has been completed and the Points have been added to your Account.
E. If you believe that you did not receive the correct Point credit(s), you must submit a written request for such credit(s) to EMN at the address listed at the bottom of this Agreement, together with evidence that you completely viewed the subject Video, or otherwise completed the requirement(s) to earn such Points, as applicable.
F. Any resale or other transfer of an Account or the Points contained therein for consideration will render the Account and Points balances void and subject to cancellation.
G. Your Points are non-refundable and will not, under any circumstances, be redeemed for cash, except where specifically required by law.
H. EMN reserves the right not to accept a Points or otherwise limit use of the Points if it believes the use is unauthorized, fraudulent or otherwise unlawful or violates this Agreement.
I. You will not be sent statements of itemized transactions involving your Points.
J. Each Video will state the number of Points to be earned by viewing it. You must view at least the designated minimum length of the subject Video in order for the Points to be added to your Account. The number of points to be so earned per Video are subject to change at any time by EMN.
K. In addition to earning Points as provided above, under certain designated circumstances you may
35. Reward Redemption.
A. To qualify for a Reward (a “Reward”), you must have sufficient Points in your Account to redeem the Reward from the current list of Rewards, which are subject to change at any time and without notice.
B. The number of Points required for a particular Reward may vary and is subject to change at any time. No refunds will be given if the number of Points required for a particular Reward is reduced following a redemption.
C. It is solely your responsibility to be informed about the available Rewards and to request the specific Rewards through the Services. Some Rewards may be available to print when redeeming online.
D. “Unique Rewards” (that is, not gift cards) will only may be issued to you. Once issued, the Unique Reward is not transferable and may be used only by you. If a person other than you attempts to redeem the Reward, the Reward will be deemed void and goods or services will be denied.
E. A Reward Certificate redeemable for the Unique Reward acquired by you will be issued via the Services or as otherwise indicated.
F. Rewards may not be sold, auctioned, bartered, brokered, purchased or otherwise transferred except with the express written consent of EMN. Any Reward obtained in that manner without the required consent will be considered to have been fraudulently obtained and deemed void. Altered Reward Certificates are void. Voided Certificates will not be honored.
G. Rewards and Reward Certificates will not be replaced, reissued or credited if lost, stolen or otherwise destroyed. EMN is not responsible for performance of the U.S. Postal Service or other suppliers.
H. All Rewards may be subject to certain restrictions. See the Rewards section for a list of restrictions which apply to each specific Reward.
I. Rewards are subject to limited availability. EMN does not guarantee that any particular Reward offered will be available at all times or at any given time. EMN does not guarantee that it will continue to offer particular Rewards for any particular length of time. EMN reserves the right to change and update our inventory of available Rewards without notice to you other than through updating of the Rewards section of the Services.
J. Unique Rewards may be related to a specific event taking place at a specific date and time and/or at a specific location and/or subject to other requirements as indicated, and you are solely responsible for meeting any such requirements.
K. Rewards cannot be redeemed for cash, prizes or credit. Rewards are not exchangeable.
L. Points which have been deducted from your account for a Reward will not be re-deposited.
M. Once you have redeemed Points for Rewards, such Rewards are not returnable, exchangeable, or refundable for Points or for cash, or other goods or services.
N. Promotional Rewards involving no Point deduction will not be extended beyond the validity date, exchanged or re-deposited into your Account for Points or future use.
O. You may request expedited delivery of Reward documentation (to U.S. residences) for a minimum service charge of US$25 payable in advance by credit card (not deliverable to a P.O. Box) at the sole discretion of EMN.
P. Reward are void where copied, prohibited or restricted by law.
Q. All Rewards must be redeemed in strict accordance with the procedures specified on the Reward and/or as posted in connection with the specific Reward.
R. Rewards may be removed, or substituted with other Rewards at any time without notice.
S. EMN is not responsible, and assumes no liability for the availability of goods or services connected with a particular Reward.
T. For authorization and redemption purposes, you will be required to identify yourself through your username and password. For the avoidance of doubt, any individual logging in with a correct username and password will have full access to that Account, and it is your sole responsibility to ensure that this information is not made available to unauthorized individuals.
U. Unless specifically notified otherwise, all Rewards supplied in return for Points are provided solely by the named third party, and EMN makes no warranty in respect to any Reward. Rewards are purchased on your behalf from third party companies by EMN. You must exchange defective products or goods by following the supplier-designated procedures.
V. If you reside in a country where redemption of points for goods or services, including without limitation a particular Reward is prohibited are not eligible for such Reward. EMN makes no warranty that Rewards will be available in your country of residence.
36. Point Purchase Program. Point purchase is available to you in connection with certain designated Rewards if you do not have sufficient Points in your Account to purchase that Reward. Purchases of Points are subject to this Agreement and to these specific terms and conditions.
A. You may purchase up to ___ Points per calendar year. Points must be purchased in ____ Point increments. Purchase limit and cost of Points may change at any time without notification and may vary from Reward to Reward. Total cost of Points will be shown to you during the purchase process before the purchase is completed. All purchases must be made in U.S. dollars only. Points purchased through this channel may be processed by a designated third party and if so will be subject in addition to this Agreement to the terms and conditions of use of that designated service.
B. The sale, barter, gift or assignment of Points, point awards or other benefits, other than by EMN or its designated agent, is expressly prohibited. Points, including such points purchased under the Point Purchase Program, are non-transferable (except as specifically provided herein) and may not be pooled with points in another Service Account. The points purchased under the Point Purchase Program are non-refundable.
C. The Points purchased under the Point Purchase Program will be posted to your Account immediately (provided there are no technical issues that prevent immediate posting).
D. In the event of any point or financial discrepancy, the calculations under this Agreement shall be based upon data contained in EMN’s records, and the data in EMN’s records shall take precedence over the data in any other records.
E. Any Points purchased will constitute the first Points redeemed when you redeem Points for a Reward.
F. By utilizing the Point Purchase Program, you acknowledge and signify agreement with this Agreement.
G. EMN reserves the right to change the Point Purchase Program rules, regulations, terms, awards and thresholds, and special offers, at any time, without notice. EMN also reserves the right to terminate the Point Purchase Program with general notice through the Service.
The Services are operated and provided by
Edge Music Network Inc.,
120 Tustin Ave Suite C
Newport Beach, CA 92663
Last Updated August, 2015