TERMS OF USE

This Terms of Use Agreement, effective as of February 20, 2016 states the terms and conditions that govern the contractual agreement between Audioobook.com, and you who agrees to be bound by this Agreement in regard to your access to www.Audioobook.com.

  1. THE AUDIOOBOOK.COM SERVICE. Through Audioobook.com, Audioobook.com offers information about the top audiobooks on Spotify, Deezer and other streaming services. By using our website, you agree to these Terms of Use and associated Privacy Policy.
  2. FOR EDUCATIONAL PURPOSES ONLY. Audioobook.com offers any content through Audioobook.com merely for educational purposes and makes no warrant or representation that such content. Thus Audioobook.com shall bear no liability for the accuracy.
  3. ELIGIBILITY.
    1. To be eligible to browse Audioobook.com and use our service, you must be at least 13 years of age.
    2. You must provide information that is truthful to the best of your knowledge and in the event any such information changes, you shall notify Audioobook.com of any such change within a reasonable amount of time.
  4. LIMITED LICENSE TO USE SITE CONTENT. You may repost any content (or derivatives thereto) from Audioobook.com on other third party websites only on the condition that you conspicuously post a referral link to www.Audioobook.com and indicate that such content was sourced from said link.
  5. GENERAL RESTRICTIONS ON USE.
    1. Audioobook.com grants you a limited license to access and make personal use of Audioobook.com and not to download (other than page caching) or modify it (or any portion thereof) except with express written consent of Audioobook.com. This license does not include any resale or commercial use of Audioobook.com or its contents, 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.
    2. You agree not to use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of Audioobook.com. You will not take any action that imposes an unreasonable or disproportionately large load on Audioobook.com’s infrastructure. You agree not to use any robot, spider, other automatic device, or manual process to monitor or copy any content from Audioobook.com without the prior express consent from an authorized Company representative, unless such use is by a search engine employed to direct Internet users to Audioobook.com.
    3. 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 Audioobook.com or its associates without express written consent. You may not use any metatags or any other "hidden” text utilizing Audioobook.com’s name or trademarks without the express written consent of Audioobook.com.
    4. Any unauthorized use terminates the permission or license granted by Audioobook.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to Audioobook.com so long as the link does not portray Audioobook.com, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
  6. RESTRICTIONS ON USER-GENERATED CONTENT.
    1. You may have the opportunity to post a variety of content through comments on Audioobook.com without Audioobook.com’s approval (the “Content”). You agree that in using Audioobook.com, you shall not post any Content that: (i) advocates for the commission of any illegal activity; (ii) advocates or professes violence or intolerance toward any specific individual, organization, or belief; (iii) is misleading or inaccurate information that was posted with the intent of misleading other users; (iv) may be deemed obscene (at the sole discretion of Audioobook.com); (v) may cause a liability for Company or its partner publications and websites (collectively, the “Partners”), or may cause Company or any of its Partners to lose (in whole or in part) the services of any ISPs or suppliers; or (vi) infringes upon the intellectual property or any other right of any third party.
    2. Audioobook.com does not tolerate spam on its Site and thus it reserves the right to remove any commercially-related posts made on Audioobook.com and/or ban any User making such posts. For the purposes of this section, any post that is made advertising any third-party service without the express consent of Audioobook.com shall be considered “spam.”
    3. You shall not, through Audioobook.com: (i) impersonate any person or entity; (ii) harass any other users of Audioobook.com; or (iii) state or imply that any posted Content is endorsed by Audioobook.com.
    4. You grants to Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any Content throughout the world in any media. You grant Audioobook.com and its sublicensees the right to use the name that You submit in connection with such content, if the party so chooses. You represent and warrant that you own or otherwise control all of the rights to the posted Content and that the Content is accurate.
    5. By submitting Content to Audioobook.com, you acknowledge that this Agreement applies to your submission of the Content and Audioobook.com’s use of such Content.
  7. THIRD PARTY LINKS. There are links on the Application that lead to third party websites, including those of advertisers. AUDIOOBOOK.COM IS NOT RESPONSIBLE FOR THE PRIVACY POLICIES OF THOSE SITES OR THE COOKIES THOSE WEBSITES USE. IN ADDITION, BECAUSE AUDIOOBOOK.COM HAS NO CONTROL OVER SUCH WEBSITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT AUDIOOBOOK.COM IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL WEBSITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, USE OF INTELLECTUAL PROPERTY, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES.
  8. AFFILIATE DISCLOSURE. While we are an independent company, some of the aforementioned third party links may be links to companies for which we have an affiliate relationship for products or services. Thus we may be compensated in the event that Users follow such links and purchase products or services. Audioobook is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to audible.com and amazon.com. We are also a participant in the Amazon EU Associates Programm, an affiliate advertising programme designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.co.uk, Amazon.de, Amazon.fr, etc. As an Amazon Associate we earn from qualifying purchases. We are disclosing this in accordance with the Federal Trade Commission's 16 CFR, Part 255: "Guides Concerning the Use of Endorsements and Testimonials in Advertising."
  9. ONLINE DISPUTE RESOLUTION.
  10. Platform of the EU Commission regarding online dispute resolution: https://ec.europa.eu/consumers/odr
  11. THIRD PARTY INTELLECTUAL PROPERTY. All trademarks displayed on Audioobook.com are the property of their respective owners.
  12. INTELLECTUAL PROPERTY. Audioobook.com holds certain content, such as text, graphics, logos, button icons, images, audio clips, data compilations, that is the property of Audioobook.com or its content suppliers and protected by international copyright laws. Audioobook.com may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights belonging to Company and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Company and/or other parties is granted to or conferred upon you.
    To notify Audioobook.com of any copyright-infringing content, please contact us at [email protected] with the following information in accordance with the Digital Millenium Copyright Act:
    • Identification of the allegedly copyright-infringing material
    • Identifying of the allegedly infringed-upon work and the copyright-holder of said work
    • Information reasonably sufficient for Company to contact you
    • A statement that you have a good faith belief that use of the material in the manner complaint of is not authorized by the copyright owner, its agent, or the law
    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  13. LIMITED LIABILITY. UNDER NO CIRCUMSTANCES SHALL AUDIOOBOOK.COM BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, AUDIOOBOOK.COM, ANY SERVICE OFFERED BY AUDIOOBOOK.COM, ANY USE OF THE INFORMATION PROVIDED VIA AUDIOOBOOK.COM, ANY USE OF THE FREEWARE PROVIDED VIA AUDIOOBOOK.COM, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) ANY PARTY’S USE OR INABILITY TO USE AUDIOOBOOK.COM; (B) ANY CHANGES TO OR INACCESSIBILITY OF AUDIOOBOOK.COM; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY DATA OR ANY TRANSMISSION OF DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED (OR NOT TRANSMITTED OR RECEIVED) BY/FROM ANY PARTY; AND/OR (E) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH AUDIOOBOOK.COM; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. CERTAIN CONTENT THAT APPEARS ON THE AUDIOOBOOK SITE COMES FROM AMAZON™ THIS CONTENT IS PROVIDED 'AS IS' AND IS SUBJECT TO CHANGE OR REMOVAL AT ANY TIME.
  14. DISCLAIMER OF WARRANTIES. THIS SITE AND IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS SITE AND ANY SERVICE OFFERED BY AUDIOOBOOK.COM IS AT Your SOLE RISK. AUDIOOBOOK.COM MAKES NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (B) THAT AUDIOOBOOK.COM WILL MEET YOUR REQUIREMENTS; (C) THAT AUDIOOBOOK.COM WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION, DATA OR CONTENT OBTAINED FROM AUDIOOBOOK.COM WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY OR FREE FROM VIRUSES OR OTHER FORMS OF DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM AUDIOOBOOK.COM, WHETHER IN ORAL, WRITTEN OR ELECTRONIC FORM, RELATING TO YOUR USE OF THIS SITE, THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
  15. INDEMNIFICATION. You agree to indemnify, hold harmless and defend Audioobook.com, along with its directors, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (i) this Agreement and/or any breach or threatened breach by you; (ii) your use of Audioobook.com or any service offered by Audioobook.com; (iii) any unacceptable, unlawful, or objectionable use of Audioobook.com or any service offered to you by Audioobook.com; or (iv) any negligent or willful misconduct by you; or (v) violation of any third party’s rights (including intellectual property rights) through your use of Audioobook.com.
  16. FOR USERS IN CALIFORNIA ONLY. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs can be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 (California Civil Code Section 1789.3).
  17. ERRORS, MODIFICATION AND OMISSIONS. Audioobook.com may contain inaccuracies and typographical errors. Audioobook.com shall not assume liability for such inaccuracies or omissions. Audioobook.com reserves the right to make changes on Audioobook.com (also this Agreement) without notice.
  18. SEVERABILITY. If any provision of this Agreement is held to be invalid, this shall not affect any other provisions of this Agreemen.