Novels to Go -
Abridged Books in an Hour
Abridged Books in an Hour
** IMPORTANT **
Please review the following terms and conditions carefully. This Agreement is a legally binding contract between you (“User” or “you”) and Listener's Digest Inc. (“Listener’s Digest”) regarding your access to and use of Listener’s Digest’s audio files, products and other services offered on all Listener’s Digest websites (the “Listener’s Digest Website”). By accessing and/or downloading any audio files or using any products or services offered on the Listener’s Digest Website, you agree to the following terms and conditions:
Access to Products. In order to access and use the Listener’s Digest Website and download any audio files or other products, you must submit the necessary contact and payment information requested by Listener’s Digest, including without limitation your name, address, credit card and email. You are responsible for obtaining and maintaining all computer hardware, software, communication equipment and ISP connectivity needed to access or download from the Listener’s Digest Website via the Internet and for paying all third party access charges (e.g.: kiosk, ISP, telecommunications) incurred while accessing the Listener’s Digest Website. Any technical support, consultation or advice rendered by Listener’s Digest to you in conjunction with the Listener’s Digest Website is provided as a courtesy to you to assist you in downloading an audio file or otherwise accessing the products or services offered on the Listener’s Digest Website; however, this advice is provided “AS-IS” and “WITH ALL FAULTS” subject to the Disclaimer set forth below
Account Information. You are responsible for the accuracy of the information in your account(s) supplied by you to Listener’s Digest. By providing such information to Listener’s Digest by any means (e.g.: email, posting, fax, telephone, mail, etc.), You represent that any information or materials provided by you shall be accurate, complete and correct and that you shall have lawful right to provide such information to Listener’s Digest for use in processing your orders from the Listener’s Digest Website. You are responsible for the security of your passwords and all use of any account set up by you on the Listener’s Digest Website.
Purchase of Audio Files. Billing to your credit card or to your account occurs at the time of purchase or shortly thereafter. ALL SALES ARE FINAL. . Listener’s Digest will charge tax in states where audio file downloads are taxable and your invoice will include both the purchase price and sales tax based on the bill-to address for you for your credit card at the sales tax rates then in effect at the time of download. If the sales tax rate for the billing address changes before the audio file is downloaded, the new tax rate in effect at the time of download will apply.
Permitted Use of the Listener’s Digest Website and Information. You (or your designated representative) may access only the audio files or other products and services on the Listener’s Digest Website for which you are authorized and have paid the applicable purchase price. You may download, print or copy any audio files or other information contained on the Listener’s Digest Website for your personal use only and not for resale or redistribution to others. Your permitted use of the Listener’s Digest Website is personal to you and may not be assigned, sublicensed or otherwise transferred, whether by operation of law or otherwise, without the prior written consent of Listener’s Digest.
Improper Use of the Listener’s Digest Website or Information. You shall not access, or use any audio files or other information contained in, any account(s) or any portion of the Listener’s Digest Website for which you have not been authorized. You shall not use, copy, email, transmit or otherwise make available any audio files or other information or any part or portion of the Listener’s Digest Website for unlawful purposes or otherwise operate a leasing, rental, service bureau , outsourcing or other time-sharing business using Listener’s Digest’s audio files, products or services or the Listener’s Digest Website. You shall not remove any copyright, trade secrete, trademark , service mark, or other proprietary legend or notice that appears on or in the Listener’s Digest Website (or any audio files downloaded from the Listener’s Digest Website). You shall not upload onto the Listener’s Digest Website, or otherwise use the Listener’s Digest Website for, any destructive or unlawful purposes including, but not limited to, the dissemination of computer viruses, libelous or inflammatory materials, pornographic or obscene information, or any works infringing upon the patents, copyrights, trademarks, trade secrets or other proprietary rights of third parties. You shall not download any audio files for which you have not paid the applicable purchase price or any portion of the application or operating software from the Listener’s Digest Website or otherwise control its operation. You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized information or materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or other false or misleading information. You will not interfere with or disrupt the Listener’s Digest Website or servers or networks connected to the Listener’s Digest Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Listener’s Digest Website. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any audio files or other information transmitted through the Listener’s Digest Website. You shall not download, reproduce, copy, alter, adapt, modify, improve, translate, create derivative works from, reverse engineer, disassemble, decompile or otherwise attempt to reveal the trade secrets or know how underlying Listener’s Digest’s audio files or the Listener’s Digest Website, or otherwise develop a product that is similar to Listener’s Digest’s audio files or a service similar to the service provided by Listener’s Digest via the Listener’s Digest Website. You shall not intentionally or unintentionally violate any applicable local, state, national or international law related to the Listener’s Digest Website or any audio files, products or services offered on such website. You shall not impersonate any person or entity, including, but not limited to, Listener’s Digest employee or government official, or falsely state or otherwise misrepresent your affiliation with a person or entity. You shall allow Listener’s Digest to periodically review your access and use of the Listener’s Digest Website (and any devices from which you download any audio files from such website) to ensure that you are using Listener’s Digest’ services in accordance with the terms of this Agreement and to ensure that all other obligations under this Agreement are being met. Listener’s Digest reserves the right to object to any use of, and immediately terminate access to, the Listener’s Digest Website including prohibited and unlawful conduct, even if that use is not expressly prohibited by this Agreement. IMPROPER USE OF THE LISTENER’S DIGEST WEBSITE WILL RESULT IN LOSS OF ACCESS TO THE LISTENER’S DIGEST WEBSITE AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
DISCLAIMER. LISTENER’S DIGEST MAKES NO WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUIET ENJOYMENT, WITH RESPECT TO YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE LISTENER’S DIGEST WEBSITE OR ANY AUDIO FILE, PRODUCT, SERVICE OR OTHER INFORMATION CONTAINED ON THE LISTENER’S DIGEST WEBSITE. LISTENER’S DIGEST MAKES NO GUARANTEE AS TO THE CONTINUOUS AVAILABILITY OF THE LISTENER’S DIGEST WEBSITE OR ANY SPECIFIC FEATURE THEREOF. YOU AGREE THAT LISTENER’S DIGEST SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, ARISING OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE LISTENER’S DIGEST WEBSITE OR ANY AUDIO FILES, PRODUCTS, SERVICES OR OTHER INFORMATION CONTAINED ON THE LISTENER’S DIGEST WEBSITE, EVEN IF LISTENER’S DIGEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES SET FORTH IN THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE.
Viruses. There is always a possibility of computer viruses. Although Listener’s Digest is making every commercially reasonable effort to prevent the transmission of any viruses to or from the Listener’s Digest Website, placing your system on-line can expose you to outside attack. You release Listener’s Digest from all responsibility or liability for viruses.
Web Site Links. If any link is offered connecting you to a third party web site, it is as an accommodation to the respective site owner and without charge. Sites linked to and from the Listener’s Digest Website are not necessarily under the control of Listener’s Digest and Listener’s Digest shall have no responsibilities or liabilities whatsoever for the content or privacy practices of any such linked site or any link or linking program at any time. Listener’s Digest does not necessarily endorse companies (or related products or services) to or from which the Listener’s Digest Website is linked. If you decide to access any of the non-Listener’s Digest sites linked to the Listener’s Digest Website, you do so entirely at your own risk. Linking the Listener’s Digest Website to any other website through hypertext, text, banner, logo or contextual link that permits a user to go from one party’s website to another by clicking on the image or deep linking is not permitted without Listener’s Digest’ prior written consent.
Dealings With Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Listener’s Digest Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you or such advertiser. You agree that Listener’s Digest shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Listener’s Digest Website.
Copyright and Trademarks. The copyright in and associated with all material, including without limitation all informational text, photographs, illustrations, artwork, software, music, sound, photographs, graphics, audio files, video files, messages, data, documents, images or other materials, whether publicly posted or privately transmitted, on the Listener’s Digest Website, as well as all derivative works thereof, is retained by Listener’s Digest or the original creator of the material and is protected by copyright, trademark and other intellectual property laws. Listener’s Digest disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. LISTENER’S DIGEST is the common law trademark of Listener’s Digest in the United States and/or other countries. All other brand and product names are trademarks or registered trademarks of their respective companies. Nothing in this Agreement shall be construed to grant any ownership interest or other rights in and to Listener’s Digest’ patents, copyrights, trademarks, trade secrets and other intellectual property rights in the Listener’s Digest Website and the information and materials contained therein.
Indemnification. You agree to indemnify and hold Listener’s Digest, its subsidiaries, affiliates, officers, agents, licensees, clients, partners, and employees, harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your access to or use of the Listener’s Digest Website and any audio files, products, services or other information and materials contained on the Listener’s Digest Website.
Privacy Policy. All materials and information contained on the Listener’s Digest Website is made available subject to Listener’s Digest’ Privacy Policy. You agree that Listener’s Digest’ Privacy Policy is incorporated into this Agreement by reference and you will comply with all terms and conditions set forth in Listener’s Digest’ Privacy Policy as amended from time to time. For more information, please see the privacy policy at [Insert Privacy Policy Link].
Copyright Policy. Listener’s Digest respects the intellectual property of others, and we ask our users to do the same. Listener’s Digest may, in appropriate circumstances and at its discretion, disable and/or terminate the audio files or accounts of users who may be infringing the intellectual property rights of others. If you believe that your work has been copied in a manner constituting copyright infringement, or your intellectual property rights have been otherwise violated, please provide Listener’s Digest’ Copyright Agent the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Listener’s Digest Website; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Listener’s Digest’ Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Name of Listener’s Digest’s Copyright Agent:
Casad Enterprises, Inc.
6255 W. Northwest Highway #108
Dallas, Texas 75225
Phone: __________________
Fax: ____________________
Email: ______________________
Termination. You may terminate any use of an audio file or any account(s) in your name at any time by notifying the Listener’s Digest in writing of your intent to terminate subject to full payment of any costs charged to your account(s) and destroying all copies of the audio files downloaded in your possession or control. You agree that the Listener’s Digest, in its sole discretion, may terminate your account(s) (or any part thereof) or access to and use of the Listener’s Digest Website, and remove and discard any information stored on the Listener’s Digest Website, for any reason, including, without limitation, for lack of use or if the Listener’s Digest believes that you have violated, or acted inconsistently with the intent of, this Agreement or otherwise are in breach of its agreement with Listener’s Digest (including without limitation non-payment of fees). You agree that any termination of your accounts and your access to the Listener’s Digest Website (or any audio files or other products and services) under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that the Listener’s Digest may immediately deactivate or delete your account(s) and all related audio files in your account(s) and/or bar any further access to such audio files or accounts or the Listener’s Digest Website. Further, you agree that the Listener’s Digest shall not be liable to you or any third-party for any termination of your access to any such audio files or your account(s) or the Listener’s Digest Website.
Governing Law. You agree that this Agreement is governed by the laws of the State of Texas and that proper and convenient venue lies exclusively with the courts of Dallas County, Texas. You agree that the statute of limitations for any claim against Listener’s Digest shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived.
Reservation. Listener’s Digest reserves the right to amend the terms and conditions of this Agreement at any time without prior notice. Notice of modifications may be given by posting notice of such changes on the Listener’s Digest Website, by electronic mail, by facsimile or by regular mail. You agree that your use of the Listener’s Digest Website constitutes acceptance of all of the terms and conditions as they may be amended in the future. Listener’s Digest shall not be deemed to have waived any rights hereunder unless such waiver is in writing signed by a duly authorized officer of Listener’s Digest. Listener’s Digest further reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Listener’s Digest Website (or any part thereof) with or without notice. You agree that Listener’s Digest shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Listener’s Digest Website.
BY CLICKING ON THE LINK TO DOWNLOAD OUR PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS; YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND CONTRACT THAT SUPERSEDES ANY PROPOSED OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND LISTENER’S DIGEST RELATING TO YOUR USE OF THE LISTENER’S DIGEST WEBSITE AND ANY AUDIO FILES, PRODUCTS OR SERVICES OFFERED ON THE LISTENER’S DIGEST WEBSITE. IF YOU DECLINE TO DOWLOAD OUR PRODUCT AFTER PURCHASING, PLEASE CONTACT US AT THE ABOVE ADDRESS FOR A FULL REFUND.
ONCE A FILE HAS BEEN DOWNLOADED ALL SALES ARE FINAL.
