The following specifies the terms and conditions under which you may use any Audiobooks.com website or mobile application that includes a link to these Terms (“Application”) or any product, service or content provided through such website or Application (collectively, the “Services”). By using, visiting, browsing or downloading the Audiobooks.com website, the Application or any Services, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Audiobooks.com website, Application or Services. Audiobooks.com may revise these Terms at any time by updating the Terms on our site and any applicable Application. Continued use of the Audibooks.com website, Application or Services following such posting constitutes your acceptance of the revisions to the Terms. You should visit this page periodically to review the Terms.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE, APPLICATION OR SERVICES.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: AS FURTHER EXPLAINED IN THE SECTION OF THESE TERMS TITLED “ARBITRATION AGREEMENT,” YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE WAIVE YOUR RIGHTS TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You must be at least 18 years old, or have parental permission to use the Services.
You agree that you are the credit card holder for your account, or have express permission of the cardholder to use their card if using it as a payment method.
You agree to provide accurate and up-to-date essential personal information, and agree to maintain the currency of said information on your “My Account” page.
The Services are available internationally; however, the library of available content will vary by region based on distribution rights on a per-title basis.
Copyright Laws and Intellectual Property Rights
Content from the Services may be used and played for your personal, non-commercial use only. You agree not to modify, reproduce, retransmit, transfer, distribute, sell, broadcast, make available to third parties or circulate the content to anyone or to exploit any such content for commercial or non-commercial purposes without the express prior written consent of Audiobooks.com. Any collection and use of any product listings, descriptions, or prices; any derivative use of this site 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 is prohibited.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
It is Audiobooks.com's policy to terminate membership privileges of any member who repeatedly infringes copyrights upon prompt notification to Audiobooks.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for Audiobooks.com's Copyright Agent for notice of claims of copyright infringement is as follows: [email protected]
Audiobooks Subscription members agree to pay a recurring monthly fee, permitting us to charge membership dues and any applicable tax, until the account is cancelled online or by phone. Membership dues, including promotional pricing and limited time offers, are subject to change at a pre-specified time, or at Audiobooks.com's discretion, with notice to you.
Pre-Authorization Charge on Sign-Up
New customers may see a pre-authorization charge for $14.95 (USD) show up on their PayPal or credit card account, depending on their method of payment provided on sign-up. This is our system's way of checking to make sure your billing information is valid. The pre-authorization is voided instantly, but may take between 2-6 business days before PayPal or your credit card company shows the transaction as canceled. We apologize for any inconvenience this may cause.
Promotional Free Trials, Corporate Gifts and Limited Time Offers
In the case of a promotional free trial (via an affiliate, corporate gift card, or promo code) your subscription will automatically renew and your credit card (or other payment method) will be charged on the day after your trial expires. You must cancel before the end of your free trial if you do not wish to be charged. The day your account is activated is considered day one of your free trial.
Membership dues, including promotional pricing and limited time offers, are subject to change at a pre-specified time, or at Audiobooks.com's discretion with notice to you.
Free trials will only be offered once to any individual or household. Some promotions and offers may only be available to new subscribers creating an Audiobooks.com account for the first time.
Audiobooks.com Plan Terms
Audiobooks.com members agree to pay a recurring monthly fee by credit card (or other payment method), permitting us to charge membership dues and any applicable tax, until the account is cancelled online or by phone. Membership fees, including promotional pricing and limited time offers, are subject to change at a pre-specified time, or at Audiobooks.com's discretion, with notice to you.
1, 2, and 3 Book Membership Plans:
The 1, 2, and 3 Book Membership Plans receive credits that may be used to purchase Audiobooks.com content. The 1, 2, and 3 Book Membership Plans are subject to the following terms: Rollover: 1, 2, and 3 Book Members are allowed to rollover unused credits each month however, monthly subscription credits will expire 3 months after they have been issued by Audiobooks.com and any additional credits purchased will also expire 3 months after purchase.
The InstaCredit feature allows users to purchase additional books instantly within mobile apps. The cost of an InstaCredit will be immediately applied to the credit card or other payment method attached to the user's Audiobooks.com account. As of September 1st, 2014 InstaCredits cost $14.95 (USD). The price of an InstaCredit may be changed at the sole discretion of Audiobooks.com. InstaCredits are subject to the same refund policy as regular subscription or top-up credits. Only members with an active subscription can purchase books using InstaCredit. The user's ability to purchase InstaCredits can be disabled by the user at any time.
Cancellation of Audiobooks.com Plans
To cancel your subscription, please visit the My Account section of the website while you're logged in or contact our Customer Service Team. Cancellations are immediate upon confirmation.
Upon cancellation, all purchased content will remain in your My Books but all Audiobooks.com VIP Rewards program books will be removed from your account. If you are the primary account holder of a family plan, upon cancellation all purchased content will be removed from your family members' accounts.
Audiobooks.com grants refunds at our sole discretion. We do not offer refunds on any subscription charges.
If you stream an audiobook and find its content faulty, please contact our Customer Service Team. If the file is determined to be flawed, we will replace the file. If the file is determined to be sound and the problem has occurred on the user end, we will attempt to help resolve the problem.
Subscriptions purchased as gifts ("Gift Subscriptions") will be presented to the recipient in the form of a gift code redeemable for the Gift Membership. Gift codes for Gift Subscriptions must be redeemed at Audiobooks.com and may be used only for Audiobooks.com memberships. Prior to being redeemed by a recipient, gift codes for Gift Subscriptions do not expire and are not subject to any dormancy fee or other fees for non-use. Gift Subscription recipients must have or open an Audiobooks.com account to redeem the gift code for a Gift Subscription. To view Gift Subscription balances and status, gift members should visit their "My Account" section of the Audiobooks.com site. Audiobooks.com may, in its discretion, advise the purchaser when the Gift Subscription has been redeemed by the recipient.
Promo Codes cannot be used to purchase other Promo Codes or Gift Subscriptions Promo Codes are only valid for one time use. Promo Codes cannot be resold, transferred for value, redeemed for cash except where required by law. Resale of a Promo Code or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited.
Risk of Loss
The risk of loss and title for Gift or Promo Codes for Gift Subscriptions and a la carte purchases pass to the purchaser upon Audiobooks.com's electronic transmission to the purchaser or recipient, whichever is applicable. Audiobooks.com is not responsible if a Gift or Promo Code for an Audiobooks.com Gift Subscription or a la carte purchase is lost, stolen, destroyed or used without your permission.
Audiobooks.com will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift or Promo Code is redeemed and/or exchanged for Audibooks.com products and services.
Limitation on Liability
Audiobooks.com disclaims all warranties, express or implied, with respect to Gift Subscriptions and Promotional Codes, including, without limitation, any express or implied warranty of merchant ability or fitness for a particular purpose. In the event a Gift Subscription or Promotional Code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such Gift Subscription or Promotional Code. 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.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement.
Prohibitions and Restrictions
You may only use the Services for your own individual, personal and noncommercial purposes and you agree that you will not:
Limitations on Liability
We make no representations or warranties of any kind on the Audiobooks.com Services, web site, Application and related content. In no event will we be liable to you for any special, incidental, indirect or consequential damages of any kind.
Audiobooks.com is not responsible for any outside charges that may be incurred while using our Services. This includes, but is not limited to, NSF charges for automatic withdrawals, foreign transaction fees, or any other charge that is not processed directly by Audiobooks.com.
Purchases of Audiobooks.com Content
When you purchase Audiobooks.com content, Audiobooks.com grants you a limited, revocable, non-exclusive, non-transferable license to download or stream Audiobooks.com content to your device(s) solely for your personal non- commercial use. You will not sell, transfer, lease, modify, distribute or publicly perform the Audiobooks.com content in any manner and you will not exploit it commercially. You agree to not decompile, disassemble, or reverse engineer the Audiobooks.com content, or modify the Audiobooks.com content or create any derivative works therefrom. The license to the Audiobooks.com content you purchase will continue for as long as your copy of Audiobooks.com content exists pursuant to these Audiobooks.com Purchase Terms and Conditions.
With respect to all "A La Carte" purchases, except where noted otherwise, any list price displayed represents the full retail price listed on the Audiobooks.com content itself, as determined by Audiobooks.com, or as suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. Prices of all Audiobooks.com content are subject to change at any time in Audiobooks.com's sole discretion. All such pricing changes will be posted to the Audiobooks.com site.
You bear all risk of loss for completing the download of Audiobooks.com content after purchase, once we have made such content available to you (in your "My Books" area or otherwise) and for any loss of Audiobooks.com content you have downloaded, including any loss due to a file corruption or a computer or hard drive crash. Purchased Audiobooks.com content will generally continue to be available in your "My Books," but may become unavailable due to potential content provider licensing restrictions or other reasons and Audiobooks.com will not be liable to you if Audiobooks.com content becomes unavailable for further download.
Audiobooks.com's price for audiobooks that have not yet been released can fluctuate ahead of the release date; the following Pre-order Pricing Policy governs how customers will be charged:
If the price of an item you have pre-ordered is higher on the release date, Audiobooks.com will honor the pricing of the order at the time it was originally placed, so you will be charged the lower order-date price. If the price of an item you have pre-ordered is lower on the release date, you will be charged the lower release-date price. The Pre-order Pricing Policy only applies to not-yet-released items available for pre-order. The Pre-order Pricing Policy does not apply to other items that have already been released and are available for purchase and download. All pre-orders appearing on your "My Pre-orders" page will have the Pre-order Pricing Policy implemented.
If you pre-order an audiobook and choose to use an audiobook credit, the credit is claimed immediately. If you pre-order an audiobook and choose to be charged a la carte pricing for the purchase rather than use an audiobook credit, your method of payment will not be charged until the item is available for download.
Active pre-orders can be cancelled by logging in to My Account and visiting the "My Pre-orders" page. If a pre-order was made using a credit, cancelling the pre-order will return the credit to your account with the original days left (at the time of placing the pre-order) to the life of the credit before expiry. Completed pre-orders are non-refundable. Audiobooks.com reserves the right to modify or cancel pre-orders, with notice to you.
Audiobook Reviews Policy
We encourage all of our customers to write a review of their recent listens. In order to keep discussions respectful and to guard against spam and abuse, our team evaluates every review. We have zero tolerance for any reviews that are deemed threatening or offensive in any way (e.g. sexist, racist, profane, graphic, violent, derogatory, defamatory, etc.). We will also remove reviews that are not pertinent to the audiobook at hand or serve merely as non-constructive insults to authors, narrators, or Audiobooks.com. Our intention is never to censor opinions, but inappropriate or non-constructive reviews will be removed at the sole discretion of the Audiobooks.com team. If your review is approved, it will appear live on the Audiobooks.com website and app within three (3) business days.