eMusic

To begin with, we'd like to at least address some of the points raised in the complainteMusic is a site specifically dedicated to carrying Independent Artists and LabelsWe do not carry any content from major labels, so many "mainstream" artists are not going to be available on eMusicIn some cases, there may only be part of an artist's catalog on eMusic because we do not have an agreement with the label that owns the rest of that artist's catalogMost importantly, neither our terms of use, or any of the current offer pages (where new customers would start to register an account with eMusic) promise any particular content will be available on eMusic for purchaseTherefore, we are not promising something prior to account activation that afterwards is not trueIn addition, one can browse the site prior to even starting registration of an accountIt is not true that one cannot browse around eMusic at all without first activating an account with us.In the case of [redacted] account, they opted to start a paid membership with eMusic immediately in order to receive the free bonus $amount, good during the first day billing periodAs our customer service team also received an email from [redacted] regarding this matter, we have already replied to that message and granted an exception to our no refund policy for the $charge that was appliedWe have canceled the account under the email [redacted] and there will be no further billing applied for this account

We had been replying to the customer's emails, but when we reply, the replies go directly to the email address we've got as the recipient's email addressOur replies were going to the email address [redacted] In reviewing the email string, we now see that the customer was asking us to reply to this email address instead: [redacted] This is the reason the customer wasn't seeing our replies We're following up with the customer via our email nowWe believe we will be able to resolve this matter to the customer's satisfaction

We've reviewed the case concerning the eMusic account under the email [redacted] Although we do have a very strict no refund policy all members agree to, we are going to make an exception to our no refund policy on the customer's behalf We have completely canceled the account under the email [redacted] and issued a refund in the amount of $directly to the payment method that was billedPlease allow the credit card provider 5-business days to process this refund

The screenshot that was attached to the response is NOT what [redacted] was seeing when he started registering his account under the email [redacted] Our records show he did not register through a free trial offer, but rather our default introductory offer on our websiteThe image attached is from a completely different registration path than what we have on record was the registration path [redacted] followed when he registered and activated his account under the email [redacted] We test every registration path frequently in order to make sure there are no errorsThe charge [redacted] was applied was true to the introductory offer path he registered and activated his account under the email [redacted] throughAs there has been very minimal usage on the account, and it is only the one charge of $We are going to make an exception to our no refund policy on his behalfWe have completely canceled the account under the email [redacted] and issued a refund for the $charge that was applied [redacted] will want to allow 5-business days for PayPal to process the refund

We'd like to address all the complaints within 1-There is nothing in the eMusic website that makes it difficult to cancel one's accountWhile one is logged into their account, one can navigate to the account page and simply click the "Cancel Account" button to start the cancellation processCancellation through the account page is a very simple three step process One can also contact customer service to request cancellationIf one does navigate to the cancel page to start cancelling their account, the customer service phone number is listed there Near the bottom of every page one can link to our Help/FAQ pagesOn every subject there is a means of emailing an eMusic customer service agent as well as a link to our twitter pagesThere are ample means of contacting customer service to request an account cancellationWe do not feel there is any undue complication in our account cancellation options and process 2-All members attest to reading and agreeing to our terms of use prior to actviating an account with eMusicIncluded in our terms of use is our no refund policy concerning membership chargesThus, the customer in this case also agreed to the terms that their charges would be non refundableWe did present a solution by offering to issue a courtesy amount of $in lieu of our no refund policy, which the customer accepted and used entirely 3-There is no expectation established in our terms of use that customers will be able to redownload their previous purchases for freePer our agreements with the labels, we cannot offer any free redownloadingThus, we did not "deny access" as the complaint states, but it is simply that we can't fulfill the customer's request to redownload all their previously downloaded music for free Once music files have been delivered to one's computer, emusic claims no further responsibility for those filesTherefore, it is each individual's responsibility to back up their downloads so they'll have an extra copy handy in case something happens to their computer or device and they lose their downloadsJust like purchasing a CD in a store, if it is lost, stolen, or damaged over time, one would have to purchase a new copy if they wanted to repalce itWe issued another courtesy of $to help the customer repurchase some of those lost items, but all our customers do have to repurchase anything they lost due to a system failure 4-Upon the customer contacting our agent [redacted] to complain further and demand refund, our agent [redacted] did make an exception to our no refund policy and issued a refund for the recent charge of $which was applied when the customer reactivated their account We feel we have been very fair in this matter while working within all our policies that the customer agreed to when starting an account with eMusicWe feel there is no new matter that has been brought up that we didn't address and offer a solution for despite the fact that we were under no obligation to offer either any courtesy amounts or exceptions to our no refund policy We respectfully consider this matter closed

Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and find that this resolution is satisfactory to me and the matter has been resolved Sincerely, [redacted]

To clarify any confusion, we at eMusic refunded four charges $each applied on these dates: [redacted] The only one we did not make an exception to our no refund policy on was the November membership cycleAlthough we're under no obligation to make any further exception to our no refund policy, we have extended this to the one remaining charge from November *, Thus we have fulfilled this customer's requestWe hope this has been resolved to [redacted] 's satisfaction

The customer is claiming: "the agreement on emusic was a free day trial and charges were on my card in 3days."Please note that the customer registered the account under the email [redacted] starting from this offer [redacted] The terms of the offer are clearly stated on the page as such:*Get a $credit free with an eMusic trial subscriptionOffer available to first-time eMusic music customers in the US, years of age or olderInternet access, registration, and credit or debit card requiredYour free trial expires days after registration or when you exceed your free trial credit (whichever comes first) at which time you will automatically become a paying eMusic memberCancel your subscription before the end of your free trial period or before you exceed your free trial credit and you will not be chargedTo cancel visit [redacted] Music plans start at $11.99/monthLimited Time OfferOffer and eMusic's prices are subject to change without notice and are subject to eMusic's terms of useeMusic and the eMusic logo are trademarks of eMusic.com Incin the US or other countriesAll other trademarks are the property of their respective owners, none of whom is a partner or sponsor of eMusic, except [redacted] eMusic is not responsible for products, services or claims made by [redacted] .Please note the section of these terms that clearly states: "Your free trial expires days after registration or when you exceed your free trial credit (whichever comes first) at which time you will automatically become a paying eMusic member."This information is also included in the eMusic Terms Of Use that all members attest to reading and agreeing to prior to activating an account with eMusicSo [redacted] is not only incorrect about the initial length of the free trial period (as it was NOT a day free trial, but rather a day free trial), but he has been charged exactly as he agreed to as our records show he exceeded the free trial balance on his account, and thus his account transitioned into the eMusic paid membership plan he selected during the account registrationIn this case it is the eMusic Fan monthly membership for a recurring monthly charge of $Here is the download history for the account to show that [redacted] used all of the $free trial balance, and $of the $paid membership balance on August *, Thus exceeding the free trial balance and being charged for the paid membership as he agreed toSong Purchase History for [redacted] Showing results - of Date Rights Artist Album Song DL Status 8/*/3:28:PM RB ( $) –RB ( $)RB ( $) [redacted] [redacted] [redacted] [redacted] [redacted] [redacted] [redacted] [redacted] The album purchase that exceeded the free trial balance was the Billy Cobham, Dennis Chambers "Jazz Rock" albumAs we at eMusic charged [redacted] as he agreed to be charged, we claim no wrongdoing in this matter and cite our strict no refund policy, contained in the aforementioned terms of use which all members attest to reading and agreeing toWe respectfully consider this matter closedPlease do note that the account under the email [redacted] is currently still active and will be billed again on September *, If [redacted] wishes to cancel his account, he should log in and do so well before that date [redacted] is welcome to contact eMusic Customer Service at: [redacted]

Our records show that an account with the e-mail address [redacted] was registered on August **, for a day trial period with $free trial credit.All new members are asked to select a membership plan during registrationThe plan chosen in this case was the eMusic Basic Monthly membershipMembership begins and one's credit card is charged once the free trial period ends or the free trial balance is exceeded, whichever comes first.Their trial membership rolled into a paid membership on September **, 2015, after a brief period where their account fell delinquent because we could not successfully charge the payment method for the membership fee owed, because we did not receive a cancellation request before the trial period ended.The terms of the offer and membership plan are detailed during the registration process, the welcome email that is sent to all new members and in the Terms Of Use that all eMusic members agree to prior to signing up for an accountAlthough we do have a strict no refund policy all members agree to, we have decided to make an exception to our no refund policy on their behalfWe have completely canceled the account under the email [redacted] and issued a refund for the $charge that was appliedThe customer may need to allow 5-business days for their credit card provider to process the refund

The complaint doesn't contain any information connected to the account in questionPlease reply back with the email address the account in question is under and the last digits of the credit card that has been billedUntil we can pull up the account in question, we cannot address this billing concern

According to our records, the account under the email [redacted] was activated through an eMusic day free trial offerPer the terms of the free trial offer, once the free trial ends, the account will automatically transition into the paid membership selected during account registration, unless one cancels their account prior to the end of the free trial periodThe account under the email [redacted] was supposed to transition into a paid membership when the free trial period ended March *, 2015, but we could not successfully charge the payment method on the account for the membership fee owed, and the account fell into delinquency.Once an account goes into delinquency, one can only update payment method and reactivate their account, or contact customer service to request account cancellationOur records show that we were contacted for cancellation, and our agent [redacted] did completely cancel the account under the email [redacted] on March *, No charges were applied to this accountWe believe this matter has been resolved

FINAL RESPONSE was already given to this matterWe have already explained that no one at eMusic took any actions with regard to [redacted] ***'s account under the email [redacted] which resulted in his account remaining active and being billed [redacted] took all the actions to upgrade his eMusic account under the email [redacted] himselfHe was informed that taking actions to upgrade his account would leave his account active and would void his cancellation request [redacted] acknowledged our agent ***' explanation and stated he was satisfied with the details he was givenAfter he completed the call with our agent [redacted] on September **, 2014, [redacted] clicked through the upgrade process on his account himself and opted to be charged the $for the upgrade as well as keeping his account activeAgain, [redacted] was informed that if he did go that route, he would void his cancellation request and would keep his account activeAdditionally, [redacted] was informed that if he did not opt to cancel his account after doing the upgrade, his account would remain active and be charged accordinglyIn order to avoid this, [redacted] was informed that he needed to re-submit his cancellation request [redacted] did not re-submit his cancellation request, so his account remained active and was charged accordinglyWe are not offering any exception to our no refund policy as [redacted] took all the actions himself which resulted in his being chargedWe did need to mention that since [redacted] has already disputed the charges with his financial institution, those funds are now no longer in eMusic's control and any refunds issued will be at the discretion of [redacted] ***'s financial institutionIt may be possible that [redacted] ***'s financial institution will deny any refunds as the charges are legitimate, but [redacted] will need to take that up with his financial institution if he feels dissatisfied with that outcome.We at eMusic claim no wrongdoing in this matter and have already explained our positionWe will not be continuing to correspond on this complaint string and we respectfully request that the Revdex.com [redacted] , please consider this matter closed and please close this ticket

We have replied through our Customer Service email system to the most recent correspondence we've had with the customer - case #***Here is the response we've sent:Hello ***, Our sincere apologies for any frustrationsThere have been a great number of issues that have affected some of our customer accounts and we're sorry that yours has been one of themThe large number of issues has also resulted in a mass volume of emails that have been beyond our ability to reply to in a timely mannerWe again apologize for any frustrations due to thisWe do see that your account under the email [redacted] is active right now and will refresh into a new cycle on Feb **, Our records are also showing that your account's payment method is [redacted] , so your billing going forward should be to your [redacted] accountIf this does not happen, that will be something we'll have to look into furtherPlease do let us know if on February **, there is any problem with processing your membership paymentIn the meantime, we'd like to assure you that your membership plan is NOT changingYou are still in the same membership plan you've been inWe are also adding on a courtesy of $to your account, good for days, starting from today's date, so long as you maintain an active eMusic membershipWe again sincerely apologize for the troubles with your account, and for the delay with replies to your messagesPlease do let us know if you are having any other issues with your account as we will need to inform the tech team to investigate furtherWe do hope this will be sufficient and we would like to consider this matter closed

Revdex.com: I have reviewed the response made by the business in reference to complaint ID# [redacted] , and have determined that my complaint has NOT been resolved because: They deny the refund that their offer was only an introductory offerHowever, according to the screenshot I made during the registration process, it states "when your trial period ends or exceed your trial credit, whichever comes first, your credit card will be CHARGED the price of the plan checked above In order for the Revdex.com to appropriately process your response, you MUST answer the question above Sincerely, [redacted]

Revdex.com: I have reviewed the response made by the business in reference to complaint ID# [redacted] , and have determined that my complaint has NOT been resolved because: [Your Answer Here] I will work on getting the information you requested, but I still don't understand how can I continue to be charged from emusic if they cant find any of the email address I have presented In order for the Revdex.com to appropriately process your response, you MUST answer the question above Sincerely, [redacted] ***

Revdex.com: I have reviewed the response made by the business in reference to complaint ID# [redacted] , and have determined that my complaint has NOT been resolved because: [Your Answer Here] 1) Was never able to login to (or even find) the account because the supposedly associated email does not exist ([email protected])Consequently never got any email confirmation that the account has been established.2) As soon as charge hit, we immediately contacted customer service to close the account, not mid-month, not end of month, but the very first dayThey are refusing to even issue a partial refund, let alone a full one.In order for the Revdex.com to appropriately process your response, you MUST answer the question above Sincerely, [redacted]

This matter was resolved through our Social Media channels and our agent [redacted] who did make an exception to our no refund policy and issued the refund for the $charge that was applied to the account under the email [email protected] was processed on February *, and the incident ID for the message [redacted] sent to the customer with confirmation of the refund is [redacted] Therefore, we consider this matter closed

We sent this reply to their message on April *, 2014: Date: 5:41:PM Hello [redacted] , Thank you for contacting eMusic Customer Service eMusic is a subscription-based service where members are automatically charged per the membership plan they select during our registration processCharges are applied after a free trial period ends, or if a free trial balance is exceededOne may also accept an offer to start a paid membership immediately and receive a free bonus amount good for the first month of membershipOne of these is the reason you have been charged We understand you are upset about being billed, and while we do have a no refund policy all members agree to, we would like to offer you an option: 1-We can completely close your account under the email [redacted] and make an exception to our no refund policy and issue a refund of $ OR 2-If you’d like to stay on as a member, we would be happy to set you up to receive your next month of service for free! We believe we are one of the best values for online music and audiobook downloadingWe’d love to give you a chance to see that for yourself The choice is yours! Let us know which option you would like and we’ll make the appropriate adjustment to your account We look forward to hearing back from you Thanks, [redacted] eMusic Customer Service We had been awaiting your reply to this message and we never received one from youDid you reply to this message? Sincerely, [redacted] eMusic [redacted] We have not received a reply from the customer to this email eitherWe're seeing no evidence in our email records that the customer ever replied to either the message we referred to, or the message from our [redacted] aboveIf the customer would simply reply to the message from [redacted] and provide evidence that he sent a response to those emails by grabbing a screenshot of his email's sent box showing that he's replying to our messages from, and showing the dates of those replies, we'd be happy to review it and can certainly make an adjustment upon review

[redacted] attested to reading and agreeing to eMusic's terms of use prior to activating the account under the email [redacted] Included in eMusic's terms of use is our no rollover policy regarding any spendable balance that is issuedTherefore [redacted] attested to reading and agreeing to eMusic's policy that any unused balance does expire at the end of each billing cycle and is not rolled over into the next billing cycleAs we at eMusic claim no wrongdoing in this matter, we are not going to be making any further exception to our no refund policy on [redacted] 's behalfWe have already made an exception to our no refund policy during the call to our call center on November **, by issuing a refund for the most recent charge applied and canceled [redacted] 's account under the email [redacted] We will not be making any other exception to our no refund policy [redacted] may want to contact [redacted] to file a dispute for any other funds he may feel entitled to

Revdex.com:At this time, I have not been contacted by eMusic regarding complaint ID [redacted] .Sincerely, [redacted]