Last Revised August 6, 2014
THE AUDIBLE SERVICE
Audible, Inc. and its affiliates ("Audible") are pleased to offer a service that permits users to discover, purchase, receive and play digital spoken word audio entertainment ("Audible Content") through Audible's websites, including audible.co.uk, and its applications for mobile devices (collectively, the "Audible Service"). If you use the Audible Service, you accept these conditions of use ("Conditions of Use"). Please read them carefully. In addition to the Conditions of Use, you will also be subject to (1) the Audible Purchase Terms & Conditions , which govern any purchase you make through the Audible Service, (2) the Audible Plan Terms, which govern your enrollment in any Audible membership plan, and (3) any other policies, guidelines, terms and agreements posted on, or otherwise made available to you through, the Audible Service (collectively, the "Terms"). If these Conditions of Use contradict such Terms, the Terms will control.
Please review our Privacy Notice, which also governs your use of the Audible Service, to understand our practices.
When you use the Audible Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on or through the Audible Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through the Audible Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and Audible Content, is the property of Audible or its content suppliers and protected by United States and international copyright laws. The compilation of all content accessible through the Audible Service is the exclusive property of Audible and protected by U.S. and international copyright laws.
Audible, audible.co.uk, AudibleListener, AudibleManager, AudibleReady, Audible Studios and other graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Audible Service are trademarks, registered trademarks or trade dress of Audible in the U.S. and other countries. Audible's trademarks and trade dress may not be used in connection with any product or service that is not Audible's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Audible. You may not use any Audible logo or other proprietary graphic or trademark as part of a hyperlink without express written permission from Audible. All other trademarks not owned by Audible that appear in the Audible Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Audible.
One or more patents owned by Audible apply to the Audible Service and to the features and services accessible via the Audible Service. Portions of the Audible Service operate under license of one or more patents. Click here to see a non-exhaustive list of applicable Audible patents and applicable licensed patents.
LICENSE AND SITE ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Audible or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Audible Service. Additional license terms may be found in the Terms. This license does not include any resale or commercial use of the Audible Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Audible Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any applicable Terms are reserved and retained by Audible or its licensors, suppliers, publishers, rightsholders, or other content providers. Neither the Audible Service nor any part of it may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Audible. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Audible without express written consent. You may not use any meta tags or any other "hidden text" utilizing Audible's name or trademarks without the express written consent of Audible. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of audible.co.uk so long as the link does not portray Audible, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Audible logo or other proprietary graphic or trademark as part of the link without express written permission.
You may not misuse the Audible Service. You may use the Audible Service only as permitted by law. The licenses granted by Audible terminate if you do not comply with these Conditions of Use or any applicable Terms.
As a registered user of the Audible Service, you may receive or establish one or more passwords and accounts ("Audible Account"). If you open a new Audible Account and you have an account with Amazon.com using the same email address, your account information from your Amazon account will be used to establish your account at Audible. If you register a Kindle tablet device and do not already have an Audible Account, you will automatically be assigned an Audible Account using your Amazon credentials. If you use the Audible Service, you are responsible for maintaining the confidentiality of your Audible Account(s) and for restricting access to your computer(s) or device(s), and you agree to accept responsibility for all activities that occur under any of your Audible Accounts. Audible does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Audible Service only with the involvement of a parent or guardian. Audible reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
We may permit visitors to post reviews, comments, photos, and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information. You agree that any content you contribute and any communications you send using means we provide will not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a message or other content. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.
If you do post content or submit any material to us, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Audible and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Audible for all claims resulting from content you supply. We reserve the right (but not the obligation) to monitor and edit or remove any activity or content. Audible takes no responsibility and assumes no liability for any content posted by you or any third party.
Audible respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Audible attempts to be as accurate as possible. However, Audible does not warrant that product descriptions or content available through the Audible Service is accurate, complete, reliable, current, or error-free.
AUDIBLE SOFTWARE TERMS
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Audible Service (the "Audible Software").
We may offer content from parties other than Audible and may permit parties other than Audible to provide services or sell products through the Audible Service. We may also provide links through the Audible Service to the websites of affiliated companies and certain other businesses. We are a distributor, not a publisher, of any materials we offer from third parties and are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals, the content we obtain from them or the content of their websites. Audible does not assume any responsibility or liability for the actions, product, and content of any third parties. You should carefully review their privacy statements and other conditions of use.
REMOVAL OF AUDIBLE CONTENT OR OTHER MATERIALS
We reserve the right to remove or disable access to any Audible Content or any other materials posted to or otherwise displayed through the Audible Service, including any Audible Content that violates or otherwise allegedly infringes on the copyright or other intellectual property, proprietary, or other rights of any person, company or other entity. We will not be liable for the removal of or disabling of access to any Audible Content or materials.
Your right to use the Audible Service will automatically terminate if you violate these Conditions of Use or any other Terms. In case of such termination, we may terminate your access to the Audible Service without notice and you will not receive a full or partial refund of any fees already paid. Our failure to insist upon or enforce your strict compliance with the Conditions of Use or any other Terms will not constitute a waiver of any of our rights.
TERMINATION OF AUDIBLE SERVICE
Our business may change over time and we reserve the right to modify the Audible Service. We also reserve the right to suspend or discontinue the Audible Service or your use of the Audible Service, in whole or in part, at any time with or without notice and without liability to you. In the event that we exercise such right, you may be entitled to a full or partial refund, in our sole discretion, if you are a member of an Audible Plan (as defined in the Audible Plan Terms) or with respect to any purchase you've made.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE AUDIBLE SERVICE, AUDIBLE CONTENT, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AUDIBLE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AUDIBLE SERVICE, AUDIBLE CONTENT, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AUDIBLE SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING IN THE TERMS AND APPLICABLE TO THE AUDIBLE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AUDIBLE SERVICE AND AUDIBLE CONTENT IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AUDIBLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUDIBLE DOES NOT WARRANT THAT THE AUDIBLE SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AUDIBLE SERVICE OR ELECTRONIC COMMUNICATIONS SENT FROM AUDIBLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUDIBLE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE AUDIBLE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AUDIBLE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of the Audible Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Audible will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using the Audible Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Audible.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our Terms. We reserve the right to make changes to the Audible Service, these Conditions of Use and any Terms at any time. Your continued use of the Audible Service following any changes will indicate your acceptance of such changes. If you do not agree to a change, you must immediately stop using the Audible Service. If any Terms or these Conditions of Use are deemed invalid, void, or for any reason unenforceable, that condition or term shall be deemed severable and shall not affect the validity and enforceability of any remaining condition or term.
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