By enrolling in and/or using the Yesfree.com Music Download offer, you agree that you have read and understand this Agreement and that your membership in Yesfree.com shall conform to its terms and conditions.
You agree that you have read and understand the following terms and
conditions in order to receive your
Free Music Downloads
Valid for US Residents only. You must be 16 year of age to qualify.
Each week we will email "pin" numbers for music downloads at EMI's legal Music download site. Download pin's come in increments of 2, 5, 10, and 20 music downloads. You will be credited one download for registering at our site. You can earn additional downloads by completing advertisers offers. Therefore, you must earn at least 1 Music download, giving you at least 2 free downloads before you will be sent a Music download Pin.
In order to receive your free music downloads, you must apply for
and be accepted by one of the
offers on our Music Download offer page. All decisions concerning
valid completed offers are made by the
advertising partner and they are final and binding. We are not responsible
if you are declined or your signup
is lost.
You agree that Yesfree.com, LLC is not responsible for any lost
data, lost signups, or partners not
reporting back accurate user data. If you feel you have completed and
offer and still have not received your
Music download "PIN" within 30 days, email us. We will investigate the
matter and try to get it resolved. Our partner
site will have the final decision on valid sign ups and therefore valid
Music download credits.
By signing up for our Ezine, we reserve the right to email you news,
other offers and other mailings.
Yesfree.com, LLC reserves the right to end this offer at any time.
Yesfree.com promises to maintain the privacy of Members' personal information. Full details can be found by visiting Privacy Policy.
Terms of Participation
If Yesfree.com believes such Member has violated or acted inconsistently with the rules of Yesfree.com or intent of this Agreement, the member understands and agrees disabling of membership will result in Member's inability to redeem, use and/or earn Music Pins. Member understands and agrees termination of membership will result in the cancellation of all of Member's Music Pins. Yesfree.com shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership shall be final and binding. Music Pins may be used only for music downloads as offered through Yesfree.com. Music Pins have no cash value. Music Pins may only be used once. If a Member does not download all of the songs to which a particular Music pin entitles him, he will lose all unused downloads.
Non-Transferability
The members right to use Yesfree.com is non-transferable. Music Pins are non-transferable and are void if transferred. Member's membership will terminate immediately in the event of Member's death. Music Pins may not be bartered or sold. Yesfree.com's accounts and Music Pins are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.
Modifications
Yesfree.com reserves the right to change this Agreement, and/or any part thereof, at any time. Member understands the most recent version of this Agreement will be located on the Yesfree.com Web site in the Terms & Conditions section. Member's non-termination or continued use of Yesree.com constitutes an affirmative acknowledgment by Member of any modification to the Agreement and consent to abide and be bound by any terms thereof. At any time, if Member does not agree with the terms of the Agreement, Member may terminate Member's membership. Yesfree.com reserves the right to modify or discontinue the Yesfre.com service with or without notice to Member. Yesfree.com shall not be liable to Member or any third party should Yesfree.com exercise its right to modify or discontinue the Yesfree's Music service.
Limitation of Liability and Disclaimer of Warranties
Our Web site, the Web site's contents, and the marketing offers that
we present on behalf of our marketing partners, advertisers, and other
third parties are provided "as is," and we make no representations or warranties
of any kind with respect to them. We assume no liability or responsibility
for any errors or omissions in the content of the Web site or these marketing
offers; any failures, delays, or interruptions in the delivery of any content
contained on the Web site or in these marketing offers; any losses or damages
arising from the use of the content provided on the Web site or acceptance
of or participation in these marketing offers; or any conduct by users
of the Web site. We disclaim all representations and warranties, including,
for example, warranties of merchantability, fitness for a particular purpose,
and non-infringement. In addition, we do not represent or warrant that
the information accessible via our Web site or these marketing offers is
accurate, complete or current. Some states do not allow limitations on
how long an implied warranty lasts, so the above limitation may not apply
to you.
In no event shall Yesfree.com, LLC, its shareholders, directors, officers,
or employees be liable (jointly or severally) to you for any special, incidental,
indirect or consequential damages of any kind, or any damages whatsoever
resulting from loss of use, data or profits, whether or not advised of
the possibility of damage, and on any theory of liability, arising out
of or in connection with the use or performance of this information. Some
states do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you. If
any applicable authority holds any portion of this section to be unenforceable,
then liability will be limited to the fullest possible extent permitted
by applicable law.
Yesfree.com, LLC shall be held harmless for any of the offers it presents
on behalf of its marketing partners, advertisers, and third parties to
consumers and cannot be held responsible for any circumstance relating
to these offers, including, but not limited to, the availability of product
inventory, the time necessary to fulfill special offers, any representation
or omission regarding such special offers, the privacy policies associated
with any special offers, or any other circumstance related to the special
offers that we send to consumers. For questions about any aspect of these
offers, please contact the provider of the relevant offer.
Indemnification
Member agrees to indemnify and hold Yesfree.com, its affiliates, officers, and employees harmless from any claim, demand, expense, or damage, including reasonable attorneys' fees relating to use of Yesfee.com or violation of this Agreement.
Laws
Any dispute or claim arising out of or in relation to this Agreement, or the interpretation, making, performance, breach, or termination thereof, shall be finally settled by binding arbitration in Salisbury, North Carolina, under the Commercial Arbitration Rules of the American Arbitration Association by three arbitrators appointed in accordance with said Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. This contract shall be governed by the law of the State of North Carolina, excluding its conflict of law principles. The arbitration proceedings shall be governed by federal arbitration law and by the Rules, without reference to state arbitration law. Member and Yesfree.com agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.
This Agreement constitutes the complete and exclusive understanding between Yesfree.com and Member relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter. If any provision(s) of this Agreement is held by the arbitrators to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Yesfree.com's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Yesfree.com in writing.
This offer is From Yesfree.com LLC, 2143-C Statesville
Blvd #157, Salisbury, NC 28147
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