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The Audible Service Conditions of Use

THE AUDIBLE SERVICE

Audible, Inc. 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, 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.

PRIVACY

Please review our Privacy Notice, which also governs your use of the Audible Service, to understand our practices.

ELECTRONIC COMMUNICATIONS

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.

COPYRIGHT

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 United States and international copyright laws. The compilation of all content accessible through the Audible Service is the exclusive property of Audible and protected by U.S. and international copyright laws.

TRADEMARKS

Audible, audible.com, 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 the U.S. and other countries. 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.

PATENTS

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 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.

YOUR ACCOUNT

As a registered user of the Audible Service, you may receive or establish one or more passwords and accounts ("Audible Account"). If you open a new Audible Account and you have an account with Amazon.com using the same email address, your account information from your Amazon account will be used to establish your account at Audible and all forms of payment on file with your Amazon account will be linked to your Audible account. 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.

COPYRIGHT COMPLAINTS

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.

PRODUCT DESCRIPTIONS

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.

AUDIBLE SOFTWARE TERMS

In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Audible Service (the "Audible Software").

OTHER BUSINESSES

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.

TERMINATION

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.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE AUDIBLE SERVICE, AUDIBLE CONTENT, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AUDIBLE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AUDIBLE SERVICE, AUDIBLE CONTENT, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AUDIBLE SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING IN THE TERMS AND APPLICABLE TO THE AUDIBLE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AUDIBLE SERVICE AND AUDIBLE CONTENT IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AUDIBLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUDIBLE DOES NOT WARRANT THAT THE AUDIBLE SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AUDIBLE SERVICE OR ELECTRONIC COMMUNICATIONS SENT FROM AUDIBLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUDIBLE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE AUDIBLE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AUDIBLE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

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.

DISPUTES

Any dispute or claim relating in any way to your use of the Audible Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Audible will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using the Audible Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Audible.

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.

OUR ADDRESS

Audible, Inc.
One Washington Park
Newark, NJ 07102 USA
http://www.audible.com


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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 you agree to be bound by these Audible Purchase Terms and Conditions.

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Purchases of Audible Content

  1. 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.
  2. 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.
  3. Delivery of Audible Content. All Audible Content you purchased will be delivered to your Audible Account.
  4. 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.
  5. 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. If you are using your Amazon account to access the Audible Service, your default payment instrument will be the default payment instrument you use for purchases from amazon.com. If you want to designate a different payment instrument, you must change your authorized payment instrument information online at the "My Account" section of the Audible Service.
  6. 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"). Only credit cards are eligible for payment of Subscriptions. Do not sign up for a Subscription with a debit card. Also known as a "check" or "ATM" card, a debit card typically has the word "debit" printed on the face of the card. If you purchase a Subscription, you will be charged the full price of the Subscription at the beginning of the Subscription term. If your default payment instrument is declined for any reason, Audible may charge any credit card on file with your Amazon account. Subscriptions may be purchased on an A La Carte basis or by members with 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.

Pre-orders

Audible sometimes allows customers to pre-order items with a future release date. If you pre-order an item using membership credits, gift cards or promotional codes, they will be consumed upon submission of the pre-order. If you pre-order an item using a credit card, it will not be charged until the item is released and available for you to download. If for whatever reason the item is not released, the order will be cancelled, the membership credits or the consumed value of gift cards and promotional codes will be returned to your account and the credit card will not be charged, as applicable.

Pre-order Price Guarantee

Audible's price for not-yet-released items sometimes changes between the time the item is listed for sale and the time it is released and available for download. Whenever you pre-order an item, the price we will charge when we make it available to you for download will be the lowest of (a) the price at the time you placed the order and (b) the price at the time and date the item is released.

Terms and Conditions:

  1. The Pre-order Price Guarantee applies to not-yet-released items available for pre-order. All pre-orders appearing on your "My Pre-orders" page will benefit from the Pre-order Price Guarantee.
  2. The Pre-order Price Guarantee does not apply to other items that have already been released and are available for purchase and download.
  3. If the price of an item you have pre-ordered is higher on the release date, Audible will fulfill the order as originally placed so you will be charged the lower order-date price.
  4. If the price of an item you have pre-ordered is lower on the release date, Audible will fulfill the order as originally placed and immediately thereafter automatically refund your credit card for the difference between the price you were charged and the lower release-date price.

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Audible Plan Terms

Audible offers various membership plans ("Audible Plans") 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. AudibleListener Membership Plans. AudibleListener Membership Plans are automatically renewable on a monthly or yearly basis, depending on the plan, until terminated by you or us in accordance with these Audible Plan Terms. Audible will charge your default payment instrument the applicable membership fee on your renewal date. If your default payment method is declined for any reason, Audible may charge any payment instrument on file with your Amazon account.
    1. Gold and Platinum Membership Plans. The Gold and Platinum Membership Plans are generally the same, however, the number of Credits that Platinum Members receive is greater. The Gold and Platinum Plans are subject to the following terms:
      1. Annual or Monthly. Each of these membership plans is available either on a monthly or annual basis. Audible will charge the applicable monthly or yearly fee for such membership plan on the member's monthly or yearly renewal date, depending on which plan the member selects. Annual members will receive the entire year's credits at the start of their membership and upon any renewal. Monthly members will receive the applicable amount of credits each month.
      2. Rollover. Gold and Platinum Members are allowed to rollover a certain number of unused Credits ("AudibleListener Rollover").
        1. Monthly Memberships. The number of permissible AudibleListener Rollover Credits will be specified at the time the member starts their plan. If in any given month a monthly member has more than the permitted number of AudibleListener Rollover Credits, the additional unused credits will automatically expire.
        2. Annual Memberships. Gold annual members may rollover up to 6 unused Credits to the next year of membership and Platinum annual members may rollover up to 12 unused Credits to the next year of membership.
      3. Discounted A La Carte Content. Members with an active Gold or Platinum Membership Plan may purchase content on an A La Carte basis below the non-membership regular price.
      4. Subscriptions. All members receive one complimentary Subscription to Audible Content to be determined by Audible.
    2. AudibleListener Light Plan. The AudibleListener Light Plan is available only on an annual basis and only to Gold and Platinum Members who want to downgrade their plan type. AudibleListener Light Plan members do not receive membership credits but a Gold or Platinum Member converting to the AudibleListener Light Plan may have AudibleListener Rollover Credits that they can rollover when they downgrade. Audible will charge members who downgrade to the AudibleListener Light Plan the yearly plan fee each year on the yearly renewal date.
    3. Basic Membership Plan. The Basic Membership Plan is available only to existing Basic Members. The Basic Membership is no longer available to new or Gold and Platinum AudibleListener Members. Any changes to the Basic Membership Plan will be communicated to existing Basic Members by Audible.
  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 or annual Gold or Platinum 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. Audible may request a temporary authorization from the financial institution issuing your credit card or other payment instrument in order to confirm the validity of the credit card or other payment instrument to verify your eligibility to participate in any Trial Offer. Any Credits issued in connection with a Trial Offer or Audible Content purchased with such Credits are issued and provided subject to such verification and may be revoked by Audible in the event that such verification fails. Upon expiration of the trial, you will automatically be joined into the related Gold or Platinum Membership Plan and Audible will charge your default payment instrument the relevant monthly fee or annual fee, as applicable. If your default payment method is declined for any reason, Audible may charge any credit card on file with your Amazon account. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE TRIAL OFFER TO AVOID CHARGES. Trial Offers are limited to one per household.
  4. Credits. Audible Plan members receive credits that may be used to purchase Audible Content on the Audible Service ("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 default payment instrument will be billed the discounted price for the applicable Audible Content available to Audible Plan members. 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.
    1. Membership Credits. Membership credits are Credits that Gold and Platinum Members receive on a monthly or annual basis.
    2. AudibleListener Rollover Credits. All Gold and Platinum Members are permitted a certain number of AudibleListener Rollover Credits, as described above.
    3. 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. 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. Upgrading or Downgrading a Plan. You may upgrade your Audible Plan on the Audible Service. You may also, subject to any minimum term commitment that may apply, downgrade your Audible Plan online or by contacting Audible customer service. Such Audible Account changes will be effective as of the date of your request and your membership will become subject to the new plan you selected. Audible Plans may be upgraded or downgraded as follows:
    1. Gold and Platinum Membership Plans.
      1. Upgrades. Gold Members can upgrade to a Platinum Membership Plan. Any available Credits, including any AudibleListener Rollover Credits, that a Gold Member has accumulated will be transferred to the new upgraded plan in accordance with the rules for the new membership plan. Upon any upgrade, Audible will charge your default payment instrument the pro-rated additional fee for the Platinum Membership Plan. If your default payment instrument is declined for any reason, Audible may charge any credit card on file with your Amazon account. Platinum Members cannot upgrade to another Audible Plan.
      2. Downgrades. Gold and Platinum Members can downgrade to the AudibleListener Light Plan and Platinum Members can downgrade to a Gold Membership Plan or AudibleListener Light Plan. Any available Credits, including any AudibleListener Rollover Credits, will be transferred to the new downgraded membership plan, in accordance with the rules for such new membership plan. Any complimentary Subscription that you receive as part your Gold or Platinum Membership Plan will expire upon any downgrade to the AudibleListener Light Plan.
    2. Committed Membership Plans. If you joined a Committed Membership Plan, you may only upgrade or downgrade to another Audible Plan once the term for your current Committed Membership Plan expires. After the expiration of the Commitment Period, members will automatically become a regular Gold Member or Platinum Member, depending on the plan they chose, and may upgrade or downgrade their plan, as set forth in these Audible Plan Terms.
    3. AudibleListener Light Plan. Gold and Platinum Members who have downgraded to the AudibleListener Light Plan can upgrade again to either a Gold Membership Plan or a Platinum Membership Plan at any time. Any available Credits will be transferred to the new membership plan and may become AudibleListener Rollover Credits, subject to the rules for the new membership plan. AudibleListener Light Plan Members cannot downgrade to another Audible Plan.
  7. Cancellation of Audible Plans. Except for members belonging to committed membership plans, you may cancel your Audible Plan online or by contacting Audible customer service. Upon cancellation of any membership, all available Credits, other than Gift Credits or Complimentary Credits, will expire, and all complimentary Subscriptions will expire. Members will not receive a full or partial refund of any monthly or annual fee already paid.
  8. Audible's 'Great Listen Guarantee' is an exclusive benefit available to AudibleListener plan members in good standing. A member in good standing who is not fully satisfied with his or her Audible audiobook may exchange that specific title for a different title within 365 days of the original date of purchase. Titles purchased with credits may be refunded with credits. Titles purchased with money will be refunded with money. Titles purchased using a combination of money and a coupon or promotional code will be refunded with money and a new coupon or promotional code. Audible reserves the right in its sole discretion to limit the number of exchanges and refunds allowed by each member, including, but not limited to, in cases where Audible suspects abuse of the spirit 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.

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Notice And Procedure For Making Claims Of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Audible's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Audible that your copyrighted material has been infringed.

  1. A description of the copyrighted work that you claim has been infringed upon
  2. A description of where the material that you claim is infringing is located on the Audible Service;
  3. Your address, telephone number and e-mail address;
  4. 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;
  5. 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; and
  6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Audible's Copyright Agent for notice of claims of copyright infringement on the Audible Service can be reached as follows:

Copyright Agent
Audible, Inc. Legal Department
One Washington Park
Newark, NJ 07102 USA
phone: (973) 820-0686
e-mail: copyright@audible.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 SERVICE GROUP VIA EMAIL TO customersupport@audible.com OR BY PHONE TO (888) 283-5051.

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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 United States and international copyright laws.
  2. Use of Third Party Services. When you use the Audible Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of such third party services may be subject to the separate policies, terms of use, and fees of such third parties.
  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.
  5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Audible Software. If you are a U.S. Government end user, we are licensing the Audible Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Audible Software are the same as the rights we grant to all others under the Conditions of Use and these Additional Software Terms.

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