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Audible.com Conditions of Use

Welcome to audible.com ("audible.com" or the "Site"). Audible, Inc. and/or its affiliates ("Audible") provide website features to you subject to the following conditions of use ("Conditions of Use"). If you visit or buy audiobooks or related products at audible.com, you accept these Conditions of Use. Please read them carefully. In addition, when you use any current or future Audible service or business (e.g., Audible subscriptions, Audible ACX) you will also be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these Conditions of Use are inconsistent with such Terms, the Terms will control.

THE AUDIBLE SERVICE

The Audible Service permits users to purchase proprietary licensed and original audio content ("Audible Service"), including books, speeches, plays, lectures, and recurring content such as magazines, newspapers, and periodicals (collectively, "Audible Content") through various means (including the Site and any other domain names as may be operated, acquired, or used from time to time by Audible, wired and wireless connections, and telephony based networks) and playback such Audible Content on a computer or AudibleReady hardware device. You must be at least eighteen years old and have Internet access, a valid email address, and a valid credit card or check card to use the Audible Service.

PRIVACY

Please review our Privacy Notice, which also governs your visit to audible.com, to understand our practices.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Audible Purchase Terms and Conditions, which governs any purchase you may make from the Site, and the Policy on Audible Content Plans, which governs your enrollment in any Audible membership plan. We reserve the right to make changes to the Site, its policies, and these Conditions of Use at any time. Your continued use of this Site following any changes will indicate your acceptance of these changes. If you do not agree to any change to these Conditions of Use or any other policy posted on this Site, you must immediately stop using this Site. If any condition or term set forth in any policy on the Site or in these Conditions of Use shall be 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.

ELECTRONIC COMMUNICATIONS

When you visit audible.com 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 this Site. 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.

Your consent to electronic agreements is necessary for use of the Audible Service. You may withdraw consent by sending Audible an e-mail; however, this will result in the termination of your ability to use the Audible Service.

COPYRIGHT

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, 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 on this Site is the exclusive property of Audible and protected by U.S. and international copyright laws. All software used on this Site is the property of Audible or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

Audible, audible.com, AudibleListener, AudibleManager, AudibleReady, and other audible.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Audible in the U.S. and/or 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. All other trademarks not owned by Audible that appear on this Site 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 this Site and to the features and services accessible via the Site. Portions of this Site 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

Audible grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Audible. This license does not include any resale or commercial use of this Site 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. This Site or any portion of this Site may not 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. Any unauthorized use terminates the permission or license granted by 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.

HACKING AND SECURITY

We use a variety of means to protect the security of this Site. You agree not to attempt to access data or materials not intended for you, log into a server or account that you are not authorized to access, test the vulnerability of our network and security systems or otherwise breach or circumvent our security in any way. Although we attempt to prevent viruses and other malicious software from being passed along through this Site, you agree that protection of your own software, personal computer and other devices from malicious software is your responsibility and agree to install anti-virus and other security protections.

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 use this Site, you are responsible for maintaining the confidentiality of your Audible Account(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under any of your Audible Accounts. Audible does not 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 audible.com only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

You agree to ensure that all information you provide when registering for the Site or any offerings under the Audible Service or when responding to requests for information from us will be current, complete, and accurate and you agree to maintain and update the information as required to keep it current, complete, and accurate. You agree not to use a false or misleading name or a name that you are not authorized to use. You agree that we may store and use information you provide (including credit card information) for use in maintaining your accounts and billing Audible fees to your credit card.

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 material, 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. Audible has 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.

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 on the Site that violate or otherwise allegedly infringe on the copyright or other intellectual property, proprietary, or other rights of any person, company or other entity. We will in no event be liable for the good faith removal of or disabling of access to any such Audible Content or materials under this Agreement.

AUDIBLE SERVICE DESCRIPTIONS

Audible attempts to be as accurate as possible. However, Audible does not warrant that Audible Content or other product descriptions or content on this Site is accurate, complete, reliable, current, or error-free.

OTHER BUSINESSES

We may offer content from parties other than Audible and may permit parties other than Audible to provide services or sell products on the Site or in connection with the Audible Service. We may also provide links on the Site 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 all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

TERMINATION

Audible may at any time and at its sole discretion terminate your right to use this Site, the Audible Service, and/or your Audible Account if Audible determines, in its sole discretion, that you have violated these Conditions of Use or any other policy posted on the Site or applicable to the Audible Service.

TERMINATION OF AUDIBLE SERVICE

Our business will change over time and we reserve the right to modify, suspend or discontinue any service or any content we offer, in whole or in part, at any time, including the Audible Service, with or without notice and without liability to you. In the event that we exercise such right, you may be entitled to a refund, in our sole discretion, if you are a member of an Audible Plan (as defined in the Policy on Content Plans) or with respect to any purchase you've made.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE AUDIBLE SERVICE AND AUDIBLE CONTENT 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 AND AUDIBLE CONTENT, UNLESS OTHERWISE SPECIFIED IN WRITING IN ANY OTHER POLICY POSTED ON THIS SITE 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, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE AUDIBLE SERVICE AND AUDIBLE CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER WE NOR ANY OF OUR SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING IN CONNECTION WITH AUDIBLE SERVICES AND CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NEITHER WE NOR ANY OF OUR SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH AUDIBLE SERVICES AND CONTENT IN EXCESS OF THE GREATER OF: (A) THE PRICE PAID BY YOU FOR THE PARTICULAR SERVICE OR CONTENT GIVING RISE TO THE DAMAGE (IF APPLICABLE), OR (B) TWO HUNDRED FIFTY DOLLARS (US$250).

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.

APPLICABLE LAW

By visiting audible.com or using the Audible Service, you agree that 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.

DISPUTES

Except as otherwise specifically provided in the conditions of use applicable to an Audible product or service, any dispute relating in any way to your visit to audible.com or to products or services sold or distributed by Audible or through audible.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 will be adjudicated in any state or federal court in King County, Washington, and you consent to exclusive jurisdiction and venue in such courts.

NOTICES

We may provide notices to you by sending them to the email address associated with your account and our notice sent to you by email will be deemed received when sent. Any notice you have for us must be sent to the address below or to such other address as we provide in a notice to you or on this Site.

Audible, Inc.
Audible, Inc. Legal Department
One Washington Park
Newark NJ, 07102

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Audible Purchase Terms and Conditions

In addition to the foregoing Audible Site Conditions of Use, the purchase of Audible Content on this Site is subject to the following additional Audible Purchase Terms and Conditions. By purchasing any Audible Content from the Audible Site, you agree to be bound by these Audible Purchase Terms and Conditions, which are subject to change by Audible at any time, in its sole discretion. Changes to these Audible Purchase Terms and Conditions will be effective when posted. Continued use of the Site and/or any purchase by you from the Site constitutes acceptance of the most recent version of these Audible Purchase Terms and Conditions.

Purchases of Audible Content

  1. A La Carte Purchases. You may purchase Audible Content on an "A La Carte" basis. If you purchase Audible Content on an "A La Carte" basis, you pay for the Audible Content you select and your credit card is charged at the time you make the purchase. A La Carte purchases can be made by both members of an Audible Plan (as defined in the Policy on Audible Content Plans) and non-members. Audible Plan members receive a discount on A La Carte purchases that non-members do not receive. Details on Audible Plans are described in the Policy on Audible Content Plans.
  2. Audible Plan Member Credit Purchases. Members of certain Audible Plans may purchase Audible Content on the Audible Site using Credits, in accordance with the terms set forth in the Policy on Audible Content Plans. If you are a member of an Audible Plan and you purchase Audible Content using Credits, the appropriate number of Credits will be deducted from your membership account, in accordance with the terms set forth in the Policy on Audible Content Plans.
  3. Subscriptions. You 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"). Subscriptions may be purchased on an A La Carte basis or by Audible Plan members with Credits, in accordance with the terms set forth in the Policy on Audible Content Plans. If you purchase Subscription content, you will be charged the full price of the Subscription at the beginning of the Subscription term, either in the form of a charge on your credit card or a deduction of the appropriate number of Credits from your Audible Account, depending on the manner in which you paid.
  4. 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 your AudibleReady device(s) solely for your personal non-commercial use. You may also copy any of your Audible Content onto a CD or other tangible media device once. 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 decompile, disassemble, or reverse engineer the Audible Content, or modify the Audible Content or create any derivative works therefrom. The license to the Audible Content you purchase will continue for as long as your copy of Audible Content exists pursuant to these Audible Purchase Terms and Conditions.
  5. 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.
  6. Right to Change Prices. Prices of all Audible Content are subject to change at any time in Audible's sole discretion. All such pricing changes will be posted to the Audible Site.
  7. Delivery of Audible Content. All Audible Content will be delivered to the "My Library" section of the Audible Site once you sign into your Audible Account.
  8. Risk of Loss. You bear all risk of loss for completing the download of Audible Content after purchase, once we have made such content available to you (in your "My Library" or otherwise) and for any loss of Audible Content you have downloaded, including any loss due to a file corruption or a computer or hard drive crash. Purchased Audible Content will generally continue to be available in your "My Library," but may become unavailable due to potential content provider licensing restrictions or other reasons and Audible will not be liable to you if Audible Content becomes unavailable for further download. Accordingly, we encourage you to download Audible Content promptly after purchase and to make back-up copies. If you are unable to complete a download after having reviewed our online help resources, please contact Audible customer service.
  9. Availability of Audible Content. We will exercise reasonable efforts to provide Audible Content in a timely manner. On occasion, technical or supplier problems may delay or prevent delivery. You agree that availability of Audible Content that is not yet created at the time you purchase such content or expect such content to be delivered (such as, for example, time-dated programming in connection with a Subscription) is subject to the creation of the content by the supplier. Your sole remedy with respect to Audible Content that is not delivered within a reasonable period will be replacement of such Audible Content with comparable programs or an extension of the applicable Subscription period or, in the event neither is available, a pro rata credit on your Audible Account for the amount of such Audible Content.
  10. Limited Express Warranty. Except as expressly provided herein, any Audible Content you purchase is provided "AS IS" and "AS AVAILABLE." The Audible Service is only warranted as stated below:

    Audible warrants that (i) the Audible Content that you license directly through the Audible Service will be of a quality suitable for human listening, and (ii) the media in which the Audible Content is provided will be free from material defects on delivery, if, in each case, the Audible Content is obtained pursuant to Audible's instructions using equipment that is in good operating condition and meets the specifications for the Audible Service as provided by Audible.

If you find a defect in Audible Content, you may call Audible customer service Audible customer service and Audible will consult with you on proper downloading procedures and hardware requirements. If you are still unable to download a working copy of the Audible Content or the Audible Content is not as warranted above, Audible will provide you with replacement Audible Content or a credit on your Audible Account, as determined by Audible in its sole discretion, if you advise Audible within 7 days of your first attempt to download the material by calling Audible customer service Audible customer service or submitting the customer service request form available at the Site, provided you meet the registration, technical, and payment requirements for the Audible Service.

THE FOREGOING WARRANTIES DO NOT COVER DEFECTS CAUSED BY VIRUSES, DISABLING CODES, ACCIDENT, MISHANDLING, MISUSE, IMPROPER INSTALLATION, SERVICE OR MAINTENANCE, MODIFICATION OF ANY AUDIBLE SOFTWARE OR AUDIBLE CONTENT OR THE MEDIA ON WHICH ANY AUDIBLE SOFTWARE OR AUDIBLE CONTENT ARE FURNISHED, OR THE USER'S LACK OF THE NECESSARY HARDWARE/SOFTWARE.

OTHER THAN AS EXPRESSLY PROVIDED ABOVE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AUDIBLE SERVICE AND AUDIBLE CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AUDIBLE SERVICE AND AUDIBLE CONTENT IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. WE DO NOT WARRANT THAT AUDIBLE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO AUDIBLE EMPLOYEE, AGENT, DEALER, DISTRIBUTOR, OR RESELLER IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THE WARRANTIES STATED ABOVE.

Purchases of Devices

  1. General. If you purchase a device from Audible in connection with an Audible Plan or special promotional offer, these terms apply to your purchase.
  2. Product Descriptions. Audible attempts to be as accurate as possible. However, Audible does not warrant that product descriptions and related content are accurate, complete, reliable, current, or error-free. If a product offered by Audible itself is not as described, your sole remedy is to return it in unused condition.
  3. Pricing. Except where noted otherwise, the List Price displayed for devices and accessories on our website represents the full retail price listed on the product itself, 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.
  4. Risk of Loss. All items purchased from Audible are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
  5. Return Policy. Audible will accept returns of devices for a refund within 30 days. To obtain a refund, less shipping, handling and restocking fees, you must return the device with the receipt and original packaging. Returns submitted after 30 days or without the receipt and original packaging will not be accepted. If your purchase of the device is tied to the purchase of a Membership Plan, your Membership Plan will be canceled in accordance with the Policy on Audible Content Plans.

Purchases of Gift Certificates, Gift Memberships, and Promotional Claim Codes

  1. 1. The terms and conditions for Gift Certificates, Gift Memberships and Promotional Claim Codes are set forth in the Audible Terms and Conditions for Gift Certificates, Gift Memberships, and Promotional Claim Codes.

Fees and Credits

  1. Fees. You agree that you will pay timely, and we may charge your credit card for, any Audible Content, accessory, and related additional amounts (including taxes and late fees, as applicable) ("Audible Purchase Fees") as may be accrued in connection with any purchase you make. All Audible Purchase Fees will be billed to the credit card you designated during the registration process. If you want to designate a different credit card, you must change your credit card information online at the "My Account" section of the Audible Site or by contacting Audible customer service. There may be a temporary disruption in your ability to use the Audible Service until Audible verifies the new credit card information. You agree that Audible may use all legal means available to collect Audible Purchase Fees should our attempts to charge your credit card fail for any reason, including any collection agency and legal fees.
  2. Credits for Fees Paid. In any case where Audible agrees to issue you a credit for purchases of Audible Content that were not completed due to technical difficulties or other issues or purchases of devices that you are permitted to return, such credits will be issued in the same form as the means of purchase (i.e., if the purchase was made through a charge to a credit card, the corresponding amount will be credited back to your credit card account. If the purchase was made by an Audible Plan member using Credits, the corresponding number of Credits will be credited back to the member's Audible Plan.)

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Policy on Audible Content Plans

In addition to the foregoing Audible Site Conditions of Use and Audible Purchase Terms and Conditions, membership in an Audible membership plan is subject to this Policy on Audible Content Plans, and to payment of the applicable periodic membership fee plus applicable taxes. Audible offers various plans for using and paying for the Audible Service on the Site, as described below (collectively, "Audible Plans"). Membership in an Audible Plan is nontransferable. By subscribing to an Audible Plan, you agree to be bound by this Policy on Audible Content Plans, which is subject to change by Audible at any time, in its sole discretion. Changes to this Policy on Audible Content Plans will be effective when posted. Continued use of the Site and/or any purchase by you from the Site constitutes acceptance of the most recent version of this Policy on Audible Content Plans.

  1. AudibleListener Membership Plans. There are three AudibleListener Membership Plans: the Gold Membership Plan, the Platinum Membership Plan, and the AudibleListener Light Plan. The Gold Membership Plan and the Platinum Membership Plan permit members to purchase Audible Content from the Audible Site using Credits (defined below) and at a discount below the non-membership cash price. The permitted discount for your plan will be specified at the time you start your membership. 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 this Policy on Audible Content Plans. Audible will charge your credit card the applicable membership fee on your renewal date.
    1. Gold Membership Plan. The Gold Membership Plan is available on a monthly or annual basis. Audible will charge your credit card the applicable monthly or yearly fee for the Gold Membership Plan on your monthly or yearly renewal date, depending on which plan you select. The Gold Membership Plan entitles you to a certain number of Membership Credits (defined below), specified at the time you join, which you can use to purchase Audible Content on the Audible Site. If you sign up for the monthly Gold Membership Plan, you will receive your Membership Credits monthly on an apportioned basis. If you sign up for the annual Gold Membership Plan, you will receive all your Membership Credits at the start of your membership. Gold Members have the option to rollover a certain number of unused Credits ("AudibleListener Rollover Credits"). Monthly Gold Members may rollover AudibleListener Rollover Credits from month to month during each year of their membership. The number of permissible AudibleListener Rollover Credits will be specified at the time the monthly Gold Member starts their plan. If in any month a monthly Gold Member has more than the permitted number of AudibleListener Rollover Credits, the additional unused credits will automatically expire. Monthly Gold Plan members may also roll over their permissible number of AudibleListener Rollover Credits at the end of the year into the next year's plan. Annual Gold Members may roll over up to 6 unused Credits to the next year of their membership. All Gold Members receive one complimentary Subscription to Audible Content. The specific Audible Content included in the Subscription is determined by Audible, in its sole discretion.
    2. Platinum Membership Plan. The Platinum Membership Plan is generally the same as the Gold Membership Plan, however, the number of Credits that Platinum Members receive is greater. The Platinum Membership Plan is available either on a monthly or annual basis. Audible will charge your credit card the applicable monthly or yearly fee for the Platinum Membership Plan on your monthly or yearly renewal date, depending on which plan you select. The Platinum Membership Plan entitles you to a certain number of Membership Credits, specified at the time you join, which you can use to purchase Audible Content on the Audible Site. If you sign up for the monthly Platinum Membership Plan, you will receive your Membership Credits monthly on an apportioned basis. If you sign up for the annual Platinum Membership Plan, you will receive all your Membership Credits at the start of your membership. Monthly Platinum Members may rollover AudibleListener Rollover Credits from month to month during each year of their membership. The number of permissible AudibleListener Rollover Credits will be specified at the time the monthly Platinum Member starts their plan. If in any month a monthly Platinum Member has more than the permitted number of AudibleListener Rollover Credits, the additional unused credits will automatically expire. Monthly Platinum Plan members may also roll over their permissible number of AudibleListener Credits at the end of the year into the next year's plan. Annual Platinum Members may roll over up to 12 unused Credits to the next year of their membership. All Platinum Members receive one complimentary Subscription to Audible Content. The specific Audible Content included in the Subscription is determined by Audible, in its sole discretion.
    3. AudibleListener Light. The AudibleListener Light Plan is available only on an annual basis and only to Gold Members and Platinum Members who want to downgrade their plan type. AudibleListener Light Plan members do not receive Membership Credits (defined below) but a Gold Member or Platinum Member converting to the AudibleListener Light Plan may have AudibleListener Rollover Credits that they can rollover when they downgrade. If you downgrade to the AudibleListener Light Plan, each year, on the yearly renewal date, Audible will charge your credit card the yearly plan fee.
    4. Basic Membership Plan. The Basic Membership Plan is available only to existing Basic Members. The Basic Membership is no longer available to current AudibleListener Members. Any changes to the Basic Membership Plan will be communicated to existing Basic Members by Audible via email.
  2. Committed Membership Plans. Committed Membership Plans consist of the monthly Gold Membership Plan and the monthly Platinum Membership Plan. For Committed Membership Plans, however, members receive a gift for joining (such as a free AudibleReady device or 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. You may elect to pay the membership fee for your Committed Membership Plan at the time you enroll or you may elect to pay fees monthly. In either case, by enrolling in the Committed Membership Plan, you acknowledge that you will not be able to cancel the plan prior to the expiration of the initial term of the plan.
  3. Custom Membership Plans. Audible may, in its sole discretion, offer from time to time certain custom membership plans, the terms of which may vary from the AudibleListener Membership Plans. The terms of Custom Membership Plans will be set forth in the plan description at the time you sign up. Except as expressly set forth in the terms for a Custom Membership Plan, this Policy on Audible Content Plans will apply to your participation in any Custom Membership Plan.
  4. 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 (a "Trial Offer"). Trial Offers are generally for a short period of time (e.g., 30 days) (the "Trial Period") and are available for free or for a fee. The length and cost of the Trial Offer will be specified at the time of joining. Those who participate in a Trial Offer ("Trial Members") will have the same membership benefits as the related Gold or Platinum Membership Plan. Trial Members may upgrade or downgrade their Gold or Platinum Trial Membership Plan during their Trial Offer period, subject to the rules relating to upgrading and downgrading specified below. Upon expiration of the Trial Period, you will automatically be joined into the related Gold or Platinum Membership Plan and Audible will charge your credit card the relevant monthly fee or annual fee, as applicable. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT METHOD. Trial Offers are limited to one per household. Terms of trial offers may vary. Specific details of your trial not covered in this Policy on Audible Content Plans will be explained on the web page you are on prior to beginning the sign-up process or as part of the sign-up process.
  5. Credits. Audible Plan Members receive member credits that may be used to purchase Audible Content on the Audible Site ("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 credit card will be billed the discounted price for the applicable Audible Content available to Audible Plan members. Credits include Membership Credits, Complimentary Credits, and Trial Bonus Credits, as described below. Except in the case of Friend Credits, Credits are nontransferable. Credits expire in accordance with the terms of this Policy on Audible Content Plans.
    1. Membership Credits. Membership Credits are Credits that Gold and Platinum Members receive on a monthly or annual basis. The number of Membership Credits you receive depends on the level and type of plan and is specified at the time you start your membership. Membership Credits are available for the period of time specified, after which time the Credits expire.
    2. AudibleListener Rollover Credits. All Gold Members and all 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 will be credited to your Audible Account. Recipients of Complimentary Credits receive an email notification regarding the addition of the Credits to their Audible Account. Complimentary Credits expire one year after the date of issue. You must have an Audible Account in order to receive Complimentary Credits.
    4. Trial Credits. Trial Credits are Credits that Trial Members receive as part of a Trial Offer. The number of Trial Credits will be specified at the start of the trial membership. Trial Credits expire in the same manner as Membership Credits, or at the end of the Trial Period if the Trial Members cancels their membership prior to the expiration of the Trial Period. Trial Members may keep any Audible Content they purchase using Trial Credits even if the Trial Member cancels their membership prior to the expiration of the Trial Period.
  6. Audible Plan Prices. Prices of Audible Plans are subject to change at any time upon notice from Audible via email. In the event of such a change, you will have the right to cancel your Audible Plan without penalty within ten (10) days of receipt of notice, effective as of the date of the next billing cycle. Prices of Committed Membership Plans are not subject to change during the initial commitment period.
  7. Payment. You agree that you will pay timely, and that we may charge your credit card for, all fees applicable to your Audible Plan and any related additional amounts (including any taxes and late fees) as may be accrued in connection with your Audible Plan. All Audible Plan fees will be billed to the credit card you designated during the registration process. If you want to designate a different credit card, you must change your credit card information online at the "My Account" section of the Audible Site or by contacting Audible customer service. There may be a temporary disruption in your ability to use the Audible Service until Audible verifies the new credit card information. You agree that Audible may use all legal means available to collect Audible Plan fees should our attempts to charge your credit card fail for any reason, including any collection agency and legal fees.
  8. Upgrading or Downgrading a Plan. You may upgrade your Audible Plan on the Audible Site. 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. You agree to pay any additional fees that may be applicable to your new Audible Plan. Audible Plans may be upgraded or downgraded as follows:
    1. Gold 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 credit card the additional fee for the Platinum Membership Plan.
      2. Downgrades. Gold Members can downgrade to the 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 Membership Plan will expire upon any downgrade to the AudibleListener Light Plan.
    2. Platinum Membership Plans. Platinum Members cannot upgrade to any other membership plan. Platinum Members can downgrade to either a Gold Membership Plan or the AudibleListener Light Plan. Any available Credits, including any AudibleListener Rollover Credits that have not expired, 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 Platinum Membership Plan will expire upon any downgrade to the AudibleListener Light Plan.
    3. 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 be a regular Gold Member or Platinum Member, depending on the plan they chose, and may upgrade or downgrade their plan, as set forth in this Policy on Audible Content Plans.
    4. 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. If member has any Credits, such 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.
  9. Cancellation of Audible Plans. Subject to the terms of this Policy on Audible Content Plans, in most cases, you may cancel your Audible Plan online or by contacting our 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. Audible's responsibility for improper cancellation is limited to reinstating your Audible Plan or offering a refund, at Audible's sole discretion.
    1. AudibleListener Membership Plans. Members belonging to a monthly or annual Gold Membership Plan, Platinum Membership Plan, or AudibleListener Light Plan may cancel their membership at any time. Members will not receive a full or partial refund of any monthly or annual fee already paid. Upon cancellation, all available Credits and complimentary Subscriptions will expire.
    2. Committed Membership Plans. Members belonging to Committed Membership Plans may not cancel their membership until the expiration of the Commitment Period. After the expiration of the Commitment Period, such members will automatically be a regular Gold Member or Platinum Member, depending on the plan they chose. These members may cancel their membership at any time as set forth in this Policy on Audible Content Plans.
    3. Trial Offers. Trial Offers may be cancelled only during the Trial Period. If not cancelled, the Trial Offer will be converted to the applicable membership plan for the trial, which may then be cancelled as set forth in this Policy on Audible Content Plans.
    4. Subscriptions. 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. You may cancel a free Subscription to which you are entitled under your AudibleListener Membership Plan without receiving any credit or refund.
    5. Devices. If your Membership Plan includes the purchase of a device, you may return your device and cancel your Membership Plan within the first 30 days and you will receive a full refund for the device less shipping, handling and restocking fees, so long as you have not used any of your Membership Credits or your membership discount during such 30 day period. To obtain a refund, you must return the device with the receipt and original packaging. Returns submitted after thirty 30 days or without the receipt and original packaging will not be accepted. When you return your device, the corresponding Membership Plan will be canceled as well.
  10. Purchase Terms. All purchases you make under any Audible Plan are subject to the Audible Purchase Terms and Conditions.
  11. Termination. If you fail, or we suspect that you have failed, to comply with any of the provisions of this Policy on Audible Content Plans or any term or condition of any policy applicable to the Audible Service, including the Audible Purchase Terms and Conditions and the Audible Site Conditions of Use, Audible, at its sole discretion, may (a) terminate your enrollment in any Audible Plan and/or your Audible Account and you will remain liable for all amounts due under your Audible Account up to and including the date of termination; and/or (b) terminate your rights to use any Audible Content, the Site, or any Audible Software; and/or (c) preclude access to the Audible Service (or any part thereof). We will notify you if we take any of the foregoing actions.

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

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


Copyright Agent
Audible, Inc. Legal Department
One Washington Park
Newark, NJ 07102 USA
phone: (973) 820-0429
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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