Last Revised Tuesday, August 12, 2014
THE AUDIBLE SERVICE
Audible Limited, a British company, 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.com.au, 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. This condition does not affect your statutory rights.
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 Australian and international copyright laws. The compilation of all content accessible through the Audible Service is the exclusive property of Audible and protected by Australian and international copyright laws.
Audible, audible.com.au, 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 Australia, the European Union and other jurisdictions. 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.com.au 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.
Since Audible is part of the Amazon.com family of companies, you may log in to Audible using your Amazon credentials (email address and password) and the account information from your Amazon account will be used to establish your account at Audible ("AudibleAccount") . If you do not have an Amazon account, you may create one when you register for the Audible service. 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.
LISTEN UP OFFER DETAILS
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.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure)or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Audible Service or when a contract for the sale of goods by us to you was formed.
APPLICABLE LAW AND DISPUTES
By using the Audible Service you agree that these conditions are governed and construed in accordance with the laws of England and Wales, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
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.
Because Audible lists thousands of products for sale on the Audible Service and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Audible operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the Audible Service contains a defamatory statement, please notify us immediately by following our Notice and Procedure for Notifying of Defamatory Content. Once this procedure has been followed, Audible will take all reasonable endeavours to remove the defamatory content within a reasonable time.
Audible Purchase Terms and Conditions
Any user may purchase Audible Content on an "A La Carte" basis. Audible members also may purchase content using "membership credits" in accordance with the terms set forth in the Audible Plan Terms. By making a purchase through the Audible Service, whether on an A La Carte or membership credit basis, you agree to be bound by these Audible Purchase Terms and Conditions.
Purchases of Audible Content
Audible Content License. ; When you purchase Audible Content, Audible grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such Audible Content to your computer and/or other device(s) solely for your personal, non-commercial use. You agree to not otherwise copy, reproduce, distribute or use the Audible Content other than as expressly set forth herein. You will not sell, transfer, lease, modify, distribute or publicly perform the Audible Content in any manner and you will not exploit it commercially. You agree to not modify, reverse engineer, decompile or disassemble the Audible Content, or otherwise tamper with the Audible Content or create any derivative works therefrom.
Pricing; With respect to all A La Carte purchases, except where noted otherwise, any list price displayed represents the full retail price listed on the Audible Content itself, as determined by Audible, 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 are subject to change at any time in Audible's sole discretion. Audible cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we may at our discretion cancel your order.
Delivery of Audible Content. ; All Audible Content you purchased will be delivered to your Audible Account.
Risk of Loss. ; Once we have made Audible Content available to you, you will bear the risk of loss for completing any download of Audible Content after purchase and for any loss of Audible Content you have downloaded, including any loss due to a file corruption or a device or hard drive crash. Purchased Audible Content will generally continue to be available in your Audible Account but may become unavailable due to possible content provider licensing restrictions or other reasons, and Audible will not be liable to you if Audible Content becomes unavailable for further download. You will not receive a full or partial refund of any fees already paid in such situations. Accordingly, we encourage you to download Audible Content promptly after purchase and to make a back-up copy. If you are unable to complete a download after having reviewed our online help resources, please contact Audible customer service.
Payments. ; You must have a valid payment instrument, such as a credit card or other permitted payment method, on file in your Audible Account in order to use the Audible service. The default payment instrument in your Amazon account will be the default payment instrument for purchases from Audible. If you want to designate a different payment instrument for Audible purchases, you must change your authorized payment instrument information online in the "My Account" section of the Audible Service.
Subscriptions. ; Any user may purchase subscriptions to recurring content such as newspapers and magazines on a monthly basis or other recurring basis depending on the recurrence of the content ("Subscriptions"). If you purchase a Subscription, you will be charged the full price of the Subscription at the beginning of the Subscription term. Subscriptions may be purchased on an A La Carte basis or with membership credits. With respect to any Subscriptions purchased on an A La Carte basis, if you cancel your Subscription before the initial term has expired, you may be entitled to a refund depending upon whether there is a shorter Subscription available for the relevant Audible Content. You will be obligated to pay based upon the Subscription term length closest to the number of months your Subscription was active. For example, if you signed up for a 12 month Subscription and wish to cancel after 5 months, then: (A) if a 6 month Subscription term is available, you would be charged for a 6 month Subscription and refunded the difference between the 12 month and 6 month Subscriptions, or (B) if only a 12 month term is available, you would be charged for the 12 month Subscription.
Audible Plan Terms Audible offers a membership plan ("Audible Plan") for using and paying for the Audible Service. Audible Plans are subject to the terms below and those disclosed through the Audible Service. Membership in an Audible Plan is nontransferable.
1. Audible Membership Plan. The Audible Membership Plan automatically renew on a monthly, until terminated by you or us in accordance with these Audible Plan Terms. Audible will charge your authorized payment instrument the applicable membership fee on your monthly renewal date.
a. Number of Audiobooks. The Audible Plan members receive 1 membership credit per month that may be used to purchase Audible Content on the Audible Service ("Credits").
b. Rollover Members are allowed to rollover up to 6 unused Credits ("Rollover Credits") to the next month of membership. If in any given month a member has more than the 6 permitted Rollover Credits, the additional unused credits will automatically expire.
2. Committed Membership Plans. Certain members may receive a gift for joining (such as a discount on the purchase of a device) in exchange for their commitment to remain a member for the period of time specified at the time of enrollment. Members who sign up to a committed membership plan and receive the gift benefit will not be able to cancel the plan prior to the expiration of the initial term of the plan.
3. Trial Offers. Audible may, in its sole discretion, make available free or paid trial offers for a monthly membership plan, the terms of which will be more fully explained on the Audible Service (a "Trial Offer"). You must have a valid payment instrument, such as a credit card or other permitted payment method, on file in your Audible Account in order to initiate a Trial Offer. Upon expiration of the trial, you will automatically be joined into the related membership plan and Audible will charge your authorized payment instrument the relevant monthly fee. YOU MUST CANCEL YOUR MEMBERSHIP PRIOR TO THE END OF THE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT METHOD. Trial Offers are limited to one per customer and account.
4. Credits. Credits may only be used to purchase Audible Content. If you purchase Audible Content in excess of the number of available Credits under your Audible Plan, your authorized payment instrument will be billed the price for the applicable Audible Content. Credits include Membership Credits, Rollover Credits, and Complimentary Credits, as described below. Credits are nontransferable. Credits that do not rollover, expire in accordance with their terms.• Membership Credits. Membership credits are Credits that members receive on a monthly basis.• Rollover Credits All members are permitted a certain number of Rollover Credits, as described above.• Complimentary Credits. Complimentary Credits are Credits that Audible gives Audible Plan members and non-members through goodwill, member anniversaries, no-risk listen opportunities, or in other situations, in each case, as determined by Audible in its sole discretion. Complimentary Credits are credited to a member's Audible Account. Complimentary Credits expire in accordance with their terms as indicated on the Site or as transmitted in any notification e-mail. You must have an Audible Account in order to receive Complimentary Credits.
5. Audible Plan Prices. Prices of Audible Plans are subject to change at any time. Prices of Committed Membership Plans are not subject to change during the initial commitment period.
6. Cancellation of Audible Plans. Except for members belonging to Committed Membership Plans, you may cancel your Audible Plan online or by contacting Audible customer care. Upon cancellation of any membership, all available Credits, other than Gift Credits or Complimentary Credits, will expire. Members will not receive a full or partial refund of any monthly or annual fee already paid.
7. Great Listen Guarantee. Audible’s Great Listen Guarantee is available to certain members in good standing. A member who is not fully satisfied with his or her listening experience may return such book for a full refund within 365 days of purchase. Free books are not eligible for this program. Books purchased with credits will be refunded with credits. Books purchased with money will be refunded with money. Books purchased using a combination of money and a coupon or promotional code will be refunded with money and a reactivation of the coupon or promotional code used. Audible reserves the right in its sole discretion to limit the number of refunds allowed by each member, including, but not limited to, in cases where Audible suspects abuse of the program. Audible may change these terms and conditions or may cancel the program with respect to any or all participants at any time. Void where prohibited.
Notice And Procedure For Making Claims Of Copyright Infringement
If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please provide Audible's designated agent the written information specified below. Please note that this procedure is exclusively for notifying Audible that your copyrighted material has been infringed.• A description of the copyrighted work that you claim has been infringed upon;• A hyperlink or description of where the material that you claim is infringing is located on the Audible Service;• Your address, telephone number, and e-mail address;• A 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;• A statement of truth made by you declaring that the above information in your notice is accurate and true and that you are the copyright owner or authorised to act on the copyright owner's behalf and that your statement can be used in any court proceedings that may arise out of or relating to the infringing material; and• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Audible's designated agent for notice of claims of copyright infringement on the Audible Service can be reached as follows:
Copyright AgentAudible, Inc. Legal DepartmentOne Washington Park, 16th FloorNewark, NJ 07102 USAphone: (973) 820-0686e-mail: email@example.com
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING AUDIBLE THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER CARE GROUP VIA EMAIL TO firstname.lastname@example.org OR BY PHONE TO 1800 736-910 or +61 3 9034 3784 ("International").
Notice And Procedure For Notifying Audible Of Defamatory Content
If you believe that any content on, or advertised for sale on, the Site contains a defamatory statement, please notify us immediately by copying the Notice to Audible of Defamatory Content below into your word processor program, completing it in accordance with the instructions set out in the Notice and sending a printed signed copy to: Defamation Notices, Audible, Inc., Legal Department, 1 Washington Park, 16th Floor, Newark, NJ 07102, USA. Please note that this procedure is exclusively for notifying Audible of Defamatory content on or advertised for sale on the audible.com.au Site. Please provide your address, telephone number, and e-mail address when sending the notice to us.
Important Warning: giving false, misleading or inaccurate information in the Notice to Audible of Defamatory Content may result in civil and criminal liability.________________________________________
Notice to Audible of Defamatory Content
I, [please set out your full name] of [please give your postal address], [please state your occupation], say as follows:1. I refer to the website www.audible.com.au ("the website"). I make this statement in support of my giving Audible notice that, via the website, it is causing or contributing to the publication of a defamatory statement.2. The defamatory words (delete whichever paragraph is not applicable):a. appear in an audiobook being sold by Audible via the website entitled [please state the audiobook name and its author]. The defamatory words appear around the [please state approximate location(s) where you consider there are defamatory words] minute mark.ORb. appear on the website at [please cut and paste the address of the relevant Web page from the website where the defamatory words appear].3. The words that I consider to be defamatory are [please repeat the exact words you are complaining about].4. These words are defamatory because [please state why you consider the words are defamatory].5. The defamatory words are untrue because [please explain why the words complained of are untrue and what you believe the true position is].6. I understand that this statement may be used in any court proceedings that may arise out of or relating to the defamatory words which I have complained about.
Statement of Truth
I declare the facts stated above to be true.
Dated:________________________________________ Additional Software Terms
1. Use of the Audible Software. You may use Audible Software solely for the purposes of enabling you to use and enjoy the Audible Service as provided by Audible, and as permitted by the Conditions of Use, these Additional Software Terms and any applicable Terms. You may not incorporate any portion of the Audible Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Audible Software or otherwise assign any rights to the Audible Software in whole or in part. You may not use the Audible Software for any illegal purpose. We may cease providing any Audible Software and we may terminate your right to use any Audible Software at any time. Your rights to use the Audible Software will automatically terminate without notice from us if you fail to comply with any of these Additional Software Terms, the Conditions of Use or any applicable Terms. Additional third party terms contained within or distributed with certain Audible Software that are specifically identified in related documentation may apply to that Audible Software and will govern the use of such software in the event of a conflict with the Conditions of Use or these Additional Software Terms. All software used in the Audible Service is the property of Audible or its software suppliers and protected by Austrilian and international copyright and authors' rights laws.
3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Audible Software, whether in whole or in part, or create any derivative works from or of the Audible Software.
4. Updates. In order to keep the Audible Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.