AUDIOBOOKS.COM RENTAL SERVICE

Terms of Use

YOU AGREE TO BE BOUND BY THE AUDIOBOOKS.COM TERMS OF USE by using the Audiobooks.com Rental Service.  This “Terms of Use” supersedes any and all previously posted “Terms of Use”.

By accessing any area of Audiobooks.com, you agree to be legally bound and to abide by the terms and conditions set forth herein (the "Terms of Use").

You hereby affirm and warrant that you are currently over the age of eighteen years (21 in certain jurisdictions) and you are capable of lawfully entering into this rental agreement.

By electronically submitting your order, you are agreeing to be bound by all of Audiobooks.com Rental Service current terms and conditions.  Your Audiobooks.com order will not be confirmed or processed unless you consent to be bound by the Terms and Conditions. The Terms and Conditions shall be governed and interpreted by the laws of the state of California, without regard to conflicts of law principles.

I.  ACCESS:

You agree to be personally liable and fully indemnify Audiobooks.com for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized use of materials from Audiobooks.com, alone or with, or under the authority of, any other person(s), including, without limitation, any governmental agency, wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized use of materials from this service including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).

II.  SUBSCRIPTION:

Some or all of the following fees and charges may be incurred by you:

A.  SUBSCRIPTION FEES.  You are responsible for the payment of periodic subscription fees according to the billing terms that you have agreed to by use of the rental service.

B.  RENEWAL  Subscription fees may be automatically renewed via a charge to your credit card, or other method of payment, at the end of the original term selected, for a like period of time, not less than thirty (30) days, unless proper notice is received from you at least ten (10) days prior to renewal.  Customarily a renewal is not processed unless rentals are checked out to you at the time of processing.  Audiobooks.com will provide you with a notice indicating that your subscription has been renewed, the period of time, and the costs that have been processed.

C.  LOST or DAMAGED RENTALS.  You accept full responsibility for the return, in good condition, of all rentals provided. .Audiobooks.com reserves the right to charge you for LOST or DAMAGED rentals. 

D.  CANCELLATION  You may cancel your subscription at anytime provided that NO rentals are outstanding.  If you have signed up for extended subscription at a discounted rate and you cancel prior to the end of that discounted period, your subscription reverts to a monthly plan for all usage up to the date of cancellation.  Cancellations become effective at the end of a monthly term.  No credit or consideration is given for any promotional or other extensions provided to you in the event of cancellation.

E.  TAXES:  You will be billed for taxes, if applicable, as may be required.

F.  SUBSCRIPTION PLANS:  You may change plans at any time.  Increased specified usage will result in billing you for the difference. Reduced specified usage will be effective within 72 hours and billing will be adjusted accordingly.  Credits will be applied as extensions in your rental subscription period versus financial credits and refunds.

G.  PAUSING YOUR RENTAL SUBSCRIPTION  You may request at any time, provided rentals are not checked out to you, to pause your subscription to be re-activated at a later date.  While your subscription is “paused” no charges will be incurred and no rentals will be sent to you.

H.  SPECIAL CHARGES  If it is necessary to reship rentals to you because mail has been returned as undeliverable, or you request expedited shipping you may be subject to charges for these services.

I.  RENTALS OUT AT ONE TIME – You are entitled to have a specific number of rentals checked out to you at one time based on the plan that you have selected.  A checked out rental is a rental that has been mailed to you by Audiobooks.com and has not yet been returned to Audiobooks.com, or has not yet been processed as a rental return, or the rental status has not been updated to your account.  Audiobooks.com will process your rental return within 24 (twenty-four) hours of receipt Monday thru Saturday. excluding major national holidays, and update by midnight of each day Monday thru Saturday, excluding major national holidays.

III.  YOUR ONGOING RESPONSIBILITIES:

You agree to the following responsibilities:

A.  MAINTENANCE of CURRENT MAILING ADDRESS   You will ensure that Audiobooks.com has your current mailing address on file.  You will update your address via the online link to your customer information.  You understand that rentals may be in transit to you and you will ensure that proper postal forwarding will be in effect to ensure timely receipt of your rental. 

B.  CURRENT CREDIT CARD   You will maintain a credit card on file with an available balance satisfactory to ensure the ongoing charging of subscription fees.

C.  COMPLETE RENTAL RETURNS   You will ensure that all CD’s and MP3’s are included when a rental selection is returned.

D.  RENTAL RETURN PACKAGING   Audiobooks.com will provide return mailers with each rental for your use.  You are expected to properly seal the return packaging and take whatever additional precautions may be necessary to ensure that the rental return is received in proper condition and order by Audiobooks.com.

E.  USE OF POSTAL SERVICES – Audiobooks.com return mailers are pre-addressed and postage paid.  You will ensure that all rental returns are properly deposited in regularly scheduled postal pick up locations to ensure timely return to Audiobooks.com.  Rentals remain checked out to you until they are received by Audiobooks.com.

F.  RENTAL DEFECTS – All rentals are sent to you in proper working order.  Unseen or hidden damage may exist and you will notify Audiobooks.com of damage as may be required.

IV.  AUDIOBOOKS.COM RENTAL INVENTORY

You are encouraged to select any rentals for your use and chosen rentals will be added to your “Wish List”.  Audiobooks.com’s rental inventory changes hourly.  Audiobooks.com reserves the right to not provide any rental requested by you if Audiobooks.com determines that a rental is not suited for ongoing inclusion in Audiobooks.com’s rental inventory for whatever reason and Audiobooks.com shall not be obliged to provide any alternative to you.

V.  COPYRIGHTS:

All web site design, text, graphics, the selection and arrangement thereof, and all software Copyright ©-(1989 and thereafter), Audiobooks.com  ALL RIGHTS RESERVED. Any other use of materials on this web site--including reproduction for purposes of modification, distribution, or republication--without the prior written permission of Audiobooks.com is strictly prohibited.

VI.  TRADEMARKS:

Audiobooks.com Rental Program, Audiobooks.com Rental Service, Audiobooks.com, the Audiobooks.com design logo, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Audiobooks.com. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

VII.  RESTRICTED RIGHTS LEGEND

Use, duplication or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.

VIII.  DISCLAIMERS

AUDIOBOOKS.COM IS PROVIDING THIS SITE AND ITS CONTENTS "AS IS" AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. AUDIOBOOKS.COM DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN ADDITION, AUDIOBOOKS.COM   DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.

IN NO EVENT SHALL AUDIOBOOKS.COM BE LIABLE 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. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

IX.  CONTENT PROPRIETARY RIGHTS:

You acknowledge that Audiobooks.com contains information, data, software, photographs, graphs, digital video discs, audio compact discs, video compact discs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. Copyright laws and Audiobooks.com owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit, any of the Content, in whole or in part. If no specific restrictions are displayed, You may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under U.S. copyright laws (see e.g. 17 U.S.C. Section 107), You may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

Our web site contains robot exclusion files, and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Audiobooks.com.com site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real-time basis and is proprietary or is licensed to Audiobooks.com by our use of third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our web site without the prior expressed written permission of Audiobooks.com or the appropriate third party.

X.  THIRD PARTY CONTENT:

Audiobooks.com is a distributor and not a publisher of Content supplied by third parties and users. Audiobooks.com has no more editorial control over such Content than does a public library, book store, or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including third party content providers ("Providers"), merchants ("Merchants"), sponsors ("Sponsors"), licensors, ("Licensors"), or any other use of Audiobooks.com are those of the respective authors or distributors and not of Audiobooks.com or its affiliates, or any of their respective officers, directors, employees or agents. Neither Audiobooks.com or its affiliates or any of their respective officers, directors, employees or agents nor any third-party, including any Provider, Merchant, Sponsor, Licensor or any other use of Audiobooks.com guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through Audiobooks.com represents the opinions and judgments of the respective Provider, Merchant, Sponsor, Licensor or user not under contract with Audiobooks.com. Audiobooks.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Audiobooks.com by anyone other than authorized Audiobooks.com employees. Under no circumstances shall Audiobooks.com or its affiliates, or any of their respective officers, directors, employees or agents be liable for any loss or damage caused by a user’s reliance on information obtained through Audiobooks.com. It is the responsibility of you to evaluate the information, opinion, advice, or other Content available through Audiobooks.com.

XI.  EXPORT:

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations - including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from Audiobooks.com to either a foreign national or a foreign destination in violation of such laws.

XII.  AUDIOBOOKS.COM “ON-LINE” RIGHTS:

Audiobooks.com may elect to electronically monitor the user submit areas and may disclose any Content, records or electronic communication of any kind (i) to satisfy any law, regulation or government request, (ii) if such disclosure is necessary or appropriate to operate Audiobooks.com, or (iii) to protect the rights or property of Audiobooks.com, its Users, Sponsors, Providers, Licensors or Merchants.

Audiobooks.com is not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, Audiobooks.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from Audiobooks.com.

Audiobooks.com reserves the right to prohibit conduct, communication, or Content which it deems in its sole discretion to be harmful to individual users, Audiobooks.com, the communities which make up Audiobooks.com, or any rights of Audiobooks.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Audiobooks.com nor its Providers, Merchants, Sponsors, or Licensors can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither Audiobooks.com or its Affiliates, or any of their respective officers, directors, employees, or Agents nor, Provider, Merchant, Sponsor or Licensor shall assume liability for any action or inaction with respect to conduct, communication, or Content on Audiobooks.com.

XIII.  TERMINATION OF USAGE:

Audiobooks.com may terminate your access, or suspend any yours access to all or part of Audiobooks.com, without notice, for any conduct that Audiobooks.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, a Merchant, a Sponsor, a Licensor, a service provider or Audiobooks.com.

XIV.  MISCELLANEOUS:

You may not use Audiobooks.com to send unsolicited advertising, promotional material, or other forms of solicitation to other users except in those specified areas that are designated for such a purpose. It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted. Each electronic entry carries the computer coding of the internet provider through which the individual will be traced.

XV.  ACCESS AND MEMBERSHIP:

By subscribing to this service ("Audiobooks.com"), you agree to be bound by all the terms and conditions set forth in this agreement (the "Agreement"). The parties to this Agreement are yourself and Audiobooks.com. This Agreement is subject to change by Audiobooks.com at any time, and changes are effective upon posting on the site.  No additional notice will be sent to you.

Audiobooks.com reserves the right to reject submission deemed to be in violation of these terms and conditions, or any incomplete or illegal submission.

Processing and delivery times may in practice limit the number of CDs You can rent each month.

XVI.  SPECIAL OFFERS AND INVITATIONS:

Invitations and special offers are available only for first-time Audiobooks.com customers, unless stated otherwise on the offer.

Each promotion is limited to one per household and cannot be combined with any other offer(s). 

Offers are valid only within the United States and its Territories, are not transferable and are void where taxed or otherwise prohibited by law.

Once redeemed, all promotional offers are final and are not eligible for refund or return.

XVII.  POSTAL SERVICES and DELIVERY TIMES

Wherever possible, U.S. Postal First Class Mail is utilized to ship rentals to you and included on the pre-paid return envelope for rentals returned by you to Audiobooks.com.  Other classes of mail that will ensure more expedite delivery, confirmation of delivery, or delivery at a lower cost may be utilized by Audiobooks.com.  Delivery times vary per region and are seasonal.   Audiobooks.com will make every effort to ensure prompt delivery of a rental but shall not be responsible for providing postal services beyond standard First Class Mail and any delays beyond Audiobooks.com control.

******March 2006