Yoesie - Music, Simply

Terms & Conditions

Welcome to the terms and conditions for Yoesie, Inc. herein and throughout the site referred to as Yoesie. The Yoesie Privacy Policy forms part of these terms and conditions and together they contain all of the terms relating to use of our website and service.

1. Use of this site and purchase of our services is governed by the terms and conditions described below. Please read them carefully. By your use of this site you agree to these terms and conditions. Yoesie reserves the right to make modifications to these Terms & Conditions at any time and without notice to users. You accept the obligation to review these Terms & Conditions, and your use of this site constitutes an acceptance to be bound by any modifications.

2. You agree that your use of Yoesie’s CD conversion service is at your own risk and that our advice, assistance or guidance on this site does not constitute the acceptance of any liability. You also agree to provide true, accurate and complete information about yourself and your CDs in the order form, on completion of which requires you read and accept these terms and conditions.

Free Digital Audio Catalog

3. Further you also agree that any orders submitted to Yoesie incorporating any number of 'Copy Protected', non standard (for the purposes of clarification this shall include any CD that does not conform to the open Red Book audio standard), or CD's which are deemed to be unplayable (via damage or compatibility) will not be encoded. In the event of this, you understand that you will be charged for this CD.

4. Neither Yoesie nor any of its subsidiaries or affiliates will hold any audio data other than that required for the duration of a CD encode. In the event of loss of shipment, damage to media or music device, Yoesie shall require the CD collection to be re encoded on its premises. The reader accepts that Yoesie will not retain or use his/her audio files for any other purpose than that granted.

5. This service is used to transform your own audio materials into a digital format. It is only available for conversion of materials you are authorized or legally permitted to change in format, materials in which you own the relevant copyrights, or non-copyrighted materials. It is your responsibility, not Yoesie’s, to ensure that any material that you convert using Yoesie does not violate anyone's copyright and that the conversion process does not violate anyone’s copyright. You agree to defend and hold Yoesie harmless from any violation of copyright laws by your use of this service. If you are uncertain about your right to copy, convert or permit access to any material, you should contact an attorney. You agree that use of this service is for your own personal noncommercial use and that you will not distribute copies to anyone else, or use copies for any commercial purposes.

6. To access music off of Yoesie DVDs you must have a DVD drive with the capability of playback of Region 1 DVDs.

7. You agree not to permit any resulting digital files to be used in a manner which you would not be allowed to use the CD submitted for conversion.

8. If Yoesie receives a notice alleging that you have engaged in behavior that infringes another's intellectual property rights or reasonably suspects the same, Yoesie may terminate your order. If Yoesie suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, including for any amounts that you have previously paid.

9. You agree to indemnify and hold Yoesie harmless from any claim made against Yoesie by breach of this agreement and agree to pay any judgment or reasonable settlement offer resulting from any such demand or claim, and to pay any and all legal fees incurred by Yoesie in defending against such demand or claim.

10. Neither Yoesie nor any of its officers, directors, affiliates, subsidiaries, suppliers or service providers will be liable for any direct damages, nor shall any adjustment, refund or credit of any kind be made in excess or the lesser of $100.00 or the amount paid to Yoesie for the conversion services. Refunds or credits will be made solely at the discretion of Yoesie.

11. In no event will Yoesie or its officers, directors, affiliates, suppliers or service providers be liable for, nor make any adjustment, refund or credit of any kind for, any loss, corruption, delay, inclusion, omission, shipment, mis-delivery, non delivery, misinformation, other direct or indirect damages, or failure to provide converted materials, or shipping services to the extent caused by or resulting from:

    • Your acts, defaults or omissions;
    • Your violation of any of the terms and conditions contained in these Terms & Conditions, as amended from time to time;
    • Your failure to provide an accurate shipping address or other pertinent information;
    • Acts, defaults or omissions of any person or entity other than Yoesie, including our compliance with verbal or written instructions from the sender, recipient or persons claiming to represent the shipper or recipient;
    • Our inability to provide a copy of the delivery record or a copy of the signature obtained at delivery;
    • Our failure to provide a valid shipping account number in good credit standing in the billing instructions on shipping documentation;
    • Our failure to notify you of any delay, loss or damage in connection with your shipment or any inaccuracy in such notice;
    • Our release of shipments without obtaining a signature if a signature release is on file;
    • Our provision of advice, assistance or guidance on this site does not constitute acceptance of any liability whatsoever.

    At our option, we will either refund or credit the charges you paid for the services (including shipping charges, if applicable) upon your request if we fail to properly provide the services or to properly ship the products, subject to limitations described above. In order to qualify for a refund or credit due to service failure, the following limitations apply: To obtain a refund or credit, at our option, for a service failure, You must notify us within fifteen (15) days of the earlier of (i) the date of invoice or (ii) the date of shipment or the date picked up.

12. In the case of a claim concerning any non-delivery, mis-delivery, late delivery, damaged shipment or other shipping-related claim, you must retain all original shipping containers, packaging and contents and make the foregoing items available for our inspection. The right to damages against Yoesie under any cause of action arising from or related to the provision of Services or Products or shipment of any Products shall be extinguished unless an action is brought within one (1) year from the date of order.

13. No contract is formed between you and Yoesie until Yoesie exercises the authorization to charge your credit card, and the charge is validated and accepted by your credit card company. Because this site is viewable internationally, not all products and services mentioned will be available in your country. If you have any questions about international service, email us at support@yoesie.com.

14. You agree to indemnify, defend and hold Yoesie, its officers, directors, employees, shareholders, agents, affiliates. Subsidiaries, suppliers and representatives harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to legal fees) that arise directly or indirectly from; (a) your breach of any provision of this agreement; (b) any allegation that any materials you provide constitute Infringing Materials

15. If after 30-days you decide to not complete a transaction with Yoesie, you will be charged for the Yoesie Ship Kit and materials that were sent to you at a flat rate of $10 USD per kit + shipping & handling.

16. Yoesie does not intend this site be used by individuals under the age of 18 (“minor”) without the supervision of a parent or guardian 18 years of age or older (“guardian”).  A guardian shall assure that use of this site is appropriate by minor.  If user is a minor, such minor may use this site and purchase services only under the supervision of a guardian.

17. If for any reason any provision of these terms and conditions are held invalid or unenforceable in whole or in part, such provision shall not effect the validity or enforceability of the remaining provisions hereof.

18. The terms and conditions shall be governed by the laws of the State of California. Yoesie and the user agree to submit jurisdiction to the courts located within Los Angeles County, California and waive any objection to venue in said courts.

Privacy

1. Yoesie will not hold any detail of the client’s audio catalogue in any manner, either in the form of written or electronic means. This shall include the essence of the audio.

2. However, the client understands that Yoesie may choose to hold the associated meta data pertaining to any recording for its own internal use. The client shall in no way be referred to in any such meta data.

3. Any and all details given in the course of normal business transactions with Yoesie shall be retained for its own internal use if required and shall at no times be released to any third party without the owners authorization or unless otherwise instructed to by the courts of Los Angeles, CA.

The terms and conditions represent the entire understanding between the user and Yoesie and supersede any prior statements or representations. By visiting this site or making a purchase the user specifically agrees to have accepted these terms and conditions.