Audiobook.Guru User Agreement / Terms

This User Agreement (collectively with Audiobook.Guru LLC's Privacy Policy below, the "User Agreement") applies to your use of all sites, mobile sites, and mobile applications (collectively, the "Sites") to which this User Agreement is linked, and the services, features, content or applications (together with the Sites, the "Services") offered by Audiobook.Guru LLC and our affiliated brands (“Audiobook.Guru,” "we," "us," or "our") on the Sites. Please read this User Agreement carefully as it sets forth the legally binding terms and conditions for your use of our Services. THIS USER AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION, WHICH INCLUDES A CLASS ACTION, CLASS ARBITRATION, AND JURY TRIAL WAIVER. THESE PROVISIONS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THIS AGREEMENT, INCLUDING THE MANDATORY ARBITRATION PROVISION AND THE CLASS ACTION WAIVER PROVISION. Acceptance of User Agreement By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to this User Agreement and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
 Certain Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into this User Agreement by this reference.
 This User Agreement applies to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
 MANDATORY ARBITRATION FOR U.S. USERS - CLASS ACTION, CLASS ARBITRATION, AND JURY TRIAL WAIVER PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION OR AS A MEMBER OF A CLASS. ARBITRATION. YOU AND WE AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US (INCLUDING DISPUTES RELATED TO THIS USER AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY), WILL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. YOU AND WE EACH AGREE THAT CLASS OR REPRESENTATIVE ARBITRATIONS, AS WELL AS CLASS OR REPRESENTATIVE ACTIONS, ARE NOT PERMITTED UNDER ANY CIRCUMSTANCES, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. You and we each agree that you and we are further waiving our respective rights to sue or go to court to assert or defend our rights under this User Agreement. You and we each agree that the Federal Arbitration Act and federal arbitration governs the interpretation and enforcement of this provision. For all disputes, whether pursued in small claims court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to: support at audiobook.guru We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive your written description, you may pursue your claim in arbitration. We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or this User Agreement. Either you or Audiobook.Guru may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to us at the address listed above. The dispute will be arbitrated by a neutral arbitrator mutually agreeable to both of us. If we cannot agree on the selection of an arbitrator within 30 days of the date that the request for arbitration was received by us, the dispute will be arbitrated by JAMS arbitration services. The arbitrator will use the JAMS Comprehensive Arbitration Rules and Procedures, subject to the JAMS Consumer Arbitration Minimum Standards (collectively, the “JAMS Rules”), unless any such rules are inapplicable to the dispute by their terms or by governing law, or unless we agree to use a different set of rules. Payment of the parties’ costs and fees owed to JAMS and the arbitrator will be determined by the JAMS Rules and fee schedule, where applicable, and in such case will be subject to any limitations on the costs and fees owed to you as provided in the JAMS Rules. The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-JAMS. An arbitrator may award (on an individual basis) any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. Severability. If a court or arbitrator determines in an action between you and us that any of the provisions or prohibitions contained above is unenforceable, then all of the preceding language in this Mandatory Arbitration for U.S. Users section will be null and void. This Mandatory Arbitration for U.S. Users will survive the termination of your relationship with us. Eligibility If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept the terms and conditions of this User Agreement in your name and on your behalf. In the U.S., you must be at least 16 years of age to use the Services. By using the Services, you represent and warrant that you are at least 16 years of age. If you are under age 16, you may not, under any circumstances or for any reason, use the Services. Our Sites are not targeted to nor meant for anyone under 16 years of age. If you become aware of anyone using the Services who is under the age of 16, please report this to: support at audiobook.guru. We do not knowingly collect information from anyone under the age of 16. We may, in our sole discretion, refuse to offer the Services to any person or entity for any reason. We may also change this eligibility criteria at any time, in our sole discretion. You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules and regulations applicable to you. If you are a minor, you may wish to consult your parents about what portions of the Services are appropriate for you. Further, the Services are offered only for your personal use, and not for the use or benefit of any third party. Registration. You may register for an account on the Services (an "Account") or log in using your Facebook or Google login information. To use certain portions of the Services, you are not required to sign up for an Account. However, certain features of the Services, such as posting to community pages on the Site, require you to register for an Account. When you register for an Account, you must provide accurate and complete information and keep your Account information updated. You shall not: (i) choose a username that is the name of another person, with the intent to impersonate that person; (ii) choose a username that is subject to any rights of a person other than you without appropriate authorization; or (iii) choose a username that is otherwise offensive, vulgar or obscene. You are solely responsible for all of the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's user account or registration information for the Services without their permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account. Email support at audiobook.guru for more information on Account deletion. By using our Services through Facebook or Google, you permit us to access certain information from your Facebook or Google account for use by the Services. You may control the amount of information that is accessible to us by adjusting your Facebook or Google account privacy settings. By using the Services, you are authorizing us to collect, store, retain, and use, any and all information that you permitted Facebook or Google to provide to us in accordance with our Privacy Policy below. Content For purposes of this User Agreement, the term "Content" includes, without limitation, any information, data, text, photographs and other images, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below). User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent to us that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting from your actions. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate or available. Intellectual Property Rights. The Services may contain Content specifically provided by us, our partners or our users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You shall abide by all copyright or other legal notices, information, and restrictions contained in any Content accessed through the Services (“Protected Content”). The trademarks, logos, trade names, trade dress, and service marks, whether registered or unregistered (collectively the “Trademarks”) displayed on the Services are Trademarks of Audiobook.Guru and its third party partners. Nothing contained on the Services shall be construed as granting by implication or otherwise, any license or right to use any Protected Content or Trademarks displayed on the Services without the written permission of Audiobook.Guru or such third party that may own the Protected Content or Trademarks. Any unauthorized commercial use of the Content or Trademarks will violate the intellectual property rights of Audiobook.Guru and/or third parties associated with Audiobook.Guru and will be subject to Audiobook.Guru’s and/or those third party’s full legal rights and remedies. Use License. Subject to this User Agreement, we grant each user of the Services a worldwide, non-exclusive, revocable, non-sublicensable and non-transferable license to view, print, download, and display locally Content, to the extent we hold such rights, solely for the user’s personal use of the Services. Use, reproduction, modification, distribution or storage of any Content for any other purpose is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. License Grant. By submitting User Content through the Services, you grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable, license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), including after your termination of your Account or the Services. For the sake of clarity, the foregoing license grant includes our right to distribute, display, perform and otherwise use the User Content in connection with material provided by our advertisers and other business partners, and you shall not be entitled to any remuneration for such use. To the extent any User Content you submit includes any biographical information, including your name, likeness, voice, or photograph, you acknowledge and agree that this license shall apply to the same. You also grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. Except where prohibited by applicable law, by submitting User Content through the Services, you are waiving and agreeing not to assert any trademarks, copyrights, rights of publicity, or “moral” rights or claims resulting from our alteration of the User Content or any photograph(s), footage, illustrations, statements or other work contained in the User Content. You are also agreeing to appoint Audiobook.Guru as your irrevocable attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that Audiobook.Guru can use the User Content that you are licensing in any way Audiobook.Guru sees fit to own and protect the rights in any derivative works created from your User Content, and to have the User Content removed from any other website or forum. Unless prohibited by applicable law, upon request from Audiobook.Guru, you agree to execute and deliver any such additional documents that Audiobook.Guru deems reasonably necessary to establish our ability to use the User Content as we see fit and that “Moral Rights of Authors” are waived under this User Agreement. Should Audiobook.Guru fail to request any licenses or other documents, that shall not be deemed a waiver of Audiobook.Guru’s rights and we may request any such documents at a later time. Unless otherwise agreed upon in writing by you and Audiobook.Guru, you may not use any third party platforms, other than your own website or your own social media pages, to link to or distribute the Content. Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) monitor, remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this User Agreement), or for no reason at all and (ii) to remove or block any Content from the Services. Third Party Affiliates. We participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links. If you purchase any of the products or services offered by these third parties, you are purchasing directly from those third parties, not from Audiobook.Guru. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these third parties (including the content of their websites, their availability, or their pricing). Audiobook.Guru does not assume any responsibility or liability for the actions, products, services, or content of these third parties. These third parties may have their own terms and privacy policies, which you should review carefully. Rules of Conduct As a condition of use, you promise not to use the Services for any purpose that is prohibited by this User Agreement. You are responsible for all of your activity in connection with the Services. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that: infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
 you know is false, misleading, untruthful or inaccurate;
 is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
 constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
 contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
 impersonates any person or entity, including any of our employees or representatives; or
 includes anyone's personal data (as defined in our Privacy Policy), identification documents, or other sensitive information, without having their prior consent.
 You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You must abide by all applicable local, state, national and international laws and regulations. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce this User Agreement, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public. Third Party Services. The Services may permit you to link to other websites, services or resources on the Internet, including but not limited to our sponsors, Facebook, and Google, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. If you believe that any linked content on other websites, services or resources violates applicable law or may be inappropriate, please notify us. We will review the linked content and may, in our sole discretion, remove the link from the Services. The inclusion of any such link does not imply any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. Additional Terms May Apply. Depending on the Content or features included in the Services, additional terms may apply (“Additional Terms”). Additional Terms may also apply for promotions, sweepstakes, contest, giveaways, or similar programs. If this User Agreement is inconsistent with any Additional Terms, the Additional Terms will control. Our Communications to You. We may communicate with you electronically, including by posting notices on the Site or by responding to your emails. You agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Feedback and Unsolicited Material. Any feedback, comments, or suggestions you may provide regarding the Site or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any compensation or obligation to you. Termination. We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. All provisions of this User Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Warranty Disclaimer We have no special relationship with or fiduciary duty to you. You acknowledge that Audiobook.Guru has no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; or how you may interpret or use the Content. THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE," AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, OUR AFFILIATES, AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, CONTRACTORS, AND CONTENT PROVIDERS (COLLECTIVELY, THE “Audiobook.Guru ENTITIES”) DO NOT REPRESENT OR WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Indemnification. You shall defend, indemnify, and hold harmless the Audiobook.Guru Entities from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to: (i) your use or misuse of, or access to, the Services, Content, Trademarks, or otherwise from your User Content; (ii) any violation of this User Agreement, or any infringement by you of any intellectual property or other right of any person or entity; or (iii) any third party using your Account or identity in the Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. Limitation of Liability. IN NO EVENT SHALL THE Audiobook.Guru ENTITIES BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES: (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Governing Law and Jurisdiction. This User Agreement shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law principles, except on matters governed by the Federal Arbitration Act. Without waiving the foregoing arbitration clause, you agree that any dispute arising from or relating to the subject matter of this User Agreement shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Texas, except where the jurisdiction and venue are mandated by applicable law. Modification. We reserve the right, in our sole discretion, to modify or replace any part of this User Agreement, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check this User Agreement periodically for changes. Your continued use of the Services following notification of any changes to this User Agreement constitutes acceptance of those changes. Miscellaneous Entire Agreement and Severability. This User Agreement is the entire agreement between you and us with respect to the Services, including use of the Site, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of this User Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this User Agreement will otherwise remain in full force and effect and enforceable. Import and Export Jurisdiction. Content and software from the Site may be subject to U.S. export jurisdiction and the import jurisdiction of other countries. In connection with your use of this Site, you are solely responsible for complying with all applicable export, re-export, and import control laws and regulations of all applicable jurisdictions, including, but not limited to, those of the U.S. Department of Commerce, Export Administration Regulations, 15 CFR Parts 730-774, the International Traffic in Arms Regulations, country-specific economic sanctions programs implemented by the Office of Foreign Assets Control and export and import control laws and regulations of any other countries. You may not, directly or indirectly, use, distribute, transfer or transmit content or software from this Site, whether by way of a direct product or of such materials or products, software, or other technical information into which content or software from this Site has been incorporated, except in compliance with all applicable export and import laws and regulations of all relevant jurisdictions. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. Assignment. This User Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of this User Agreement and neither party has any authority of any kind to bind the other in any respect. Notices. Unless otherwise specified in this User Agreement, all notices under this User Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to info at audiobook.guru No Waiver. Our failure to enforce any part of this User Agreement shall not constitute a waiver of our right to later enforce that or any other part of this User Agreement. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with this User Agreement to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. Headings. The section and paragraph headings in this User Agreement are for convenience only and shall not affect their interpretation. Contact and Company details. You may contact us at the following email address: support at audiobook.guru. Effective Date of User Agreement: Jan 1, 2019 

Privacy Policy

We will never sell your information to any third parties. Full Policy This Privacy Policy discloses the privacy practices for the Audiobook.Guru website (collectively, http://audiobook.guru (the “Website” located at www.audiobook.guru).”). Audiobook.Guru LLC, the provider of the Website (referred to as “us” or “we”), is committed to protecting your privacy online. Please read the following to learn what information we collect from you (the “User” or the “End User”) and how we use that information. If you have any questions about our privacy policy, please email us. Certain terms (the “GDPR Terms”) of this Privacy Policy apply only to Users that live in the European Economic Area (“EEA Residents”). The GDPR Terms can be found below in Section 12. PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO ALL THE TERMS OF THIS PRIVACY POLICY AND OUR WEBSITE TERMS OF USE (https://audiobook.guru/terms-of-use/). IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE WEBSITE. 1. Changes to Privacy Policy If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of notice on our home page. 2. Types of Information Collected and Uses of Collected Information We collect two types of information about our Website Users: Personally Identifiable Information and Non-Personally Identifiable Information. Personally Identifiable Information. Personally Identifiable Information is information that identifies a specific End User. When you engage in certain activities on the Website, such as (including, but not limited to, your email address., name, address, phone number, social media handles). Non-Personally Identifiable Information. Non-Personally Identifiable Information is information that does not identify a specific End User. This type of information may include things like the Uniform Resource Locator (“URL”) of the website you visited before coming to our Website, the URL of the website you visit after leaving our Website, the type of browser you are using and your Internet Protocol (“IP”) address, your purchase history, and your browsing history on the Website. We, and/or our authorized Third Party Service Providers and Advertisers, may automatically collect this information when you visit our Website through the use of electronic tools like Cookies and Web beacons or Pixel tags, as described in Items 4 and 8 of this Privacy Policy. We use Non-Personally Identifiable Information to troubleshoot, administer the Website, analyze trends, gather demographic information, comply with applicable law, and cooperate with law enforcement activities. We may also share this information with our authorized Third Party Service Providers and Advertisers to measure the overall effectiveness of our online advertising, content, and programming. 3. Release of Personally Identifiable Information We will not share, sell, rent, or trade your Personally Identifiable Information with other parties. We may share your information with Authorized Third Party Service Providers. We provide services and products through third parties. These “Third Party Service Providers” perform functions on our behalf, like sending out and distributing our administrative and promotional emails. We may share your Personally Identifiable Information with such Service Providers to fulfill orders, deliver packages, send postal or email, administer contests or sweepstakes, remove repetitive information on customer lists, analyze data, provide marketing assistance, provide search results and links, process credit card payments, operate the Website, troubleshoot, and provide customer service. We may also collect personal information from individuals and companies (“Affiliates”) with whom we have business relationships and may share your information with Service Providers to accomplish our administrative tasks. For example, when you order a service, we release your credit card information to the card-issuing bank to confirm payment for the service and, if applicable, release your address to the delivery service to deliver the service. Likewise, we may release an Affiliate’s information to our bank to send out a payment. We encourage Audiobook.Guru Partners and Third Party Service Providers to adopt and post privacy policies. However, the use of your Personally Identifiable Information by such parties is governed by the privacy policies of such parties and is not subject to our control. We may remarket your information. Remarketing is a way for us to connect with users, based upon your past interactions with the Audiobook.Guru website. Third-party marketing vendors may be hired by Audiobook.Guru to perform remarketing services. As a result, third-party vendors, including Google, may show Audiobook.Guru ads on sites on the internet. Third-party vendors, including Google, use cookies to serve ads based on a user's prior visits to Audiobook.Guru's website. Users may opt out of Google's use of cookies by visiting the Google advertising opt-out page at http://www.google.com/privacy_ads.html. This information is used only for remarketing purposes and will not be used by them for any other purpose. We may share your information in a Business Transfer. As with any other business, we could merge with, or be acquired by another company. If this occurs, the successor company would acquire the information we maintain, including Personally Identifiable Information. However, Personally Identifiable Information would remain subject to this Privacy Policy. We may share your information for our Protection and the Protection of Others. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website; enforce or apply this Privacy Policy, our Website Terms of Use or other agreements; or protect the rights, property or safety of the Website, its Users or others. 4. Release of Non-Personally Identifiable Information We may disclose or share Non-Personally Identifiable Information with Partners, Affiliates and Advertisers. For example, we may share aggregated demographic information (which does not include any Personally Identifiable Information) with “Third Party Advertisers” or “Third Party Advertising Companies” and other parties as provided below: We use Third Party Advertising Companies to serve ads when you visit our Website. These companies may use Non-Personally Identifiable Information about your visits to this and other websites in order to provide, through the use of network tags, advertisements about goods and services that may be of interest to you. Some of these Third Party Advertising Companies may be advertising networks that are members of the Network Advertising Initiative (“NAI”). If you would like more information about any NAI member company, or you would like to opt-out of targeted advertising from any NAI member company, click here: http://www.networkadvertising.org/consumer/opt_out.asp We also use Third Party Service Providers to track and analyze Non-Personally Identifiable usage and volume statistical information from our Users to administer our Website and constantly improve its quality. We may also publish this information for promotional purposes or as a representative audience for Advertisers. Please note that this is not Personally Identifiable Information, only general summaries of the activities of our Users. Such data is collected on our behalf, and is owned and used by us. 5. Updating and Correcting Information We believe that you should have the ability to access and edit the Personally Identifiable Information you provide us. You may change any of your Personally Identifiable Information by logging into your account and accessing the "my account" section of the site, sending us an email at support at audiobook.guru. Please indicate your name, address and email address, and what information you would like to update when you contact us. We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on the Website. In addition, in may be impossible for us to completely delete all of your information because we periodically backup information. If you choose to store credit card information on the site, this is stored on a secure page and you may delete your credit card information at any time by going to the "my account" section of your profile. 6. User Choices on Collection and Use of Information As discussed above, you can always choose not to provide information, although it may be required to engage in a certain activity on the Website. As a condition of purchase of our products and services, we will send you Administrative and Promotional emails. We will send you information regarding your account activity and purchases as well as updates about our products and promotional offers. You cannot opt-out of Administrative Emails. “Administrative Emails” relate to a User’s activity on the Website, and include emails regarding a particular User’s account, requests or inquiries, and purchases of products and services. In contrast to Administrative Emails, however, you do have a choice with respect to Promotional Emails. Promotional Emails advertise our products and services, including exclusive sales and other offers, and/or the products and services of our Advertisers and Affiliates. If you do not want to receive Promotional Emails from us, you may elect to opt-out of receiving Promotional Emails at any time after registering by e-mailing us at support at audiobook.guru, by writing to us at the address contained herein, or by hitting the “unsubscribe” button at the bottom of any of our e-mails. When contacting us, please indicate your name, address, email address, and what Promotional Emails you do not want to receive. 7. Security of Information We take security seriously and take numerous precautions to protect the security of Personally Identifiable Information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we employ commercially reasonable security measures to protect data and seek to partner with companies which do the same, we cannot guarantee the security of any information transmitted to or from the Website, and are not responsible for the actions of any third parties that may receive any such information. 8. Data Tracking Cookies. To facilitate and customize your experience with the Website, we store cookies on your computer. A cookie is a small text file that is stored on a User’s computer for record-keeping purposes which contains information about that User. We use cookies to save you time while using the Website, remind us who you are, and track and target User interests in order to provide a customized experience. Cookies also allow us to collect Non-Personally Identifiable Information from you, like which pages you visited and what links you clicked on. Use of this information helps us to create a more user-friendly experience for all visitors. In addition, we may use Third Party Advertising Companies to display advertisements on our Website. As part of their service, they may place separate cookies on your computer. We have no access to or control over these cookies. This Privacy Policy covers the use of cookies by our Website only and does not cover the use of cookies by any Advertiser. Most browsers automatically accept cookies, but you may be able to modify your browser settings to decline cookies. Please note that if you decline or delete these cookies, some parts of the Website may not work properly. Other Tracking Devices. We may use other industry standard technologies like pixel tags and web beacons to track your use of our Website pages and promotions, or we may allow our Third Party Service Providers to use these devices on our behalf. Pixel tags and web beacons are tiny graphic images placed on certain pages on our Website, or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, pixel tags and web beacons generate a Non-Personally Identifiable notice of that action. Pixel tags allow us to measure and improve our understanding of visitor traffic and behavior on our Website, as well as give us a way to measure our promotions and performance. We may also utilize pixel tags and web beacons provided by our Affiliates and/or Marketing Partners for the same purposes. 9. Privacy Policies of Third Party Websites This Privacy Policy only addresses the use and disclosure of information we collect from you on www.audiobook.guru. Other websites that may be accessible through this Website have their own privacy policies and data collection, use and disclosure practices. If you link to any such website, we urge you review the website’s privacy policy. We are not responsible for the policies or practices of third parties. 10. Miscellaneous Privacy Issues Children. Minors under the age of 18 may not use the Website. We do not knowingly collect personal information from anyone under the age of 18, and no part of the Website is designed to attract anyone under the age of 18. Audiobook.Guru does not sell products for purchase by children. In certain instances, we sell children's products for purchase by adults. Public Areas. We may provide areas on our Website where you can publicly post information about yourself, can communicate with others such as discussion boards or blogs, or can review products, restaurants, and submit media content. This information may be accessible by other consumers and companies and may appear on other websites or web searches, and therefore this information could be read, collected, and used by others. For example, if you post your email address along with a public restaurant review, you may receive unsolicited messages. We have no control over who reads your postings or what other users may do with the information you voluntarily post, so please use caution when posting any personal information. We do obtain consent from our users to post their name along with their reviews. We do not currently recognize or respond to browser-initiated Do Not Track signals as there is no consistent industry standard for compliance. Notice of Privacy Rights to California Residents. California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code. As required by the Act, we will provide you with the categories of Personally Identifiable Information that we collect through the Website and the categories of third party persons or entities with whom such Personally Identifiable Information may be shared for direct marketing purposes at your request. California law requires us to inform you, at your request, (1) the categories of Personally Identifiable Information we collect and what third parties we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act further requires us to allow you to control who you do not want us to share that information with. To obtain this information, please send a request by email or standard mail to the address found below. When contacting us, please indicate your name, address, email address, and what Personally Identifiable Information you do not want us to share with Affiliated Businesses or Marketing Partners. The request should be sent to the attention of our legal department, and labeled “California Customer Choice Notice.” Please allow 30 days for a response. Also, please note that there is no charge for controlling the sharing of your Personally Identifiable Information or requesting this notice. 11. Contacting Us Inquiries | support at audiobook.guru 12. GDPR Terms The terms and provisions in this Section 12 only apply to EEA Residents and only to the extent that we are subject to the European Union’s General Data Protection Regulation (“GDPR”). If there is any conflict between the GDPR Terms and the rest of this Privacy Policy, the GDPR Terms shall control with respect to EEA Residents (and only to the extent that we are subject to GDPR). Our identity and contact information is as follows: Email: support at audiobook.guru We rely on the following legal grounds to process your personal information: Consent. We may use your personal information as described in this Privacy Policy subject to your consent. To withdraw your consent, please contact us at [support at audiobook.guru]. Performance of a contract. We may need to collect and use your personal information, as applicable, to perform our contractual obligations. Legitimate Interests. We may use your personal information for our legitimate interests to provide our products, our partners’ products, and our services and to improve our services and the content on the Website. We may use technical information as described in this Privacy Policy and use personal information for our marketing purposes consistent with our legitimate interests and any choices that we offer or consents that may be required under applicable law. Legal Compliance. We may collect and use your information in connection with legal obligations to which we are subject. These legal obligations include, but are not limited to, any and all applicable (i) federal, state, or local laws, rules, or regulations, (ii) court orders, or (iii) consent decrees. We may use information that we collect about you, including personal information, to: Provide Products and Services. We will use your information to provide our products, our partner’s products, and our services to you; to respond to your inquiries; and for other customer service and support purposes. We use the payment information you provide to us in order to alert you of past, current, and upcoming charges, to allow us to present the purchase history to you, and to perform internal finance processes, such as looking the status of a credit card charge. In the event of a credit card dispute, we also share account information with your bank to verify the legitimacy of a charge. Understand and improve our products. We will perform research and analysis about your use of, or interest in, our products, our partner’s products, our services, or content, or products, services or content offered by others. We do this to help make our products better and to develop new products. Communicate with you.

 Service related communications. We may send you service and administrative emails to ensure the products or services are working properly. These messages are considered part of the service and you may not opt out of these messages. Promotional. Subject to your opt-out preference, we may send you emails about new product features or other news about Audiobook.Guru or on topics we think would be relevant to you. You may opt out of receiving these communications at any time by using the unsubscribe link at the bottom of the applicable email or sending us a request at support at audiobook.guru. Responding to your requests. We will also use your information to respond to your questions or comments. Administrative. We may contact you to inform you about changes in our services, our service offering and other important service related notices, such as changes to the Privacy Policy or about security or fraud notices. Advertising. Subject to your opt-out preferences, we may develop and display content and advertising tailored to your interests on our services and other sites. Protecting Rights and Interests. We will use your information to protect our rights and interests as well as the rights and interests of our users and any other person, as well as to enforce this Privacy Policy or our Terms of Service. Legal Compliance. We may use your information to comply with applicable legal or regulatory obligations, including informal requests from law enforcement or other governmental authorities. Other. We also may use your information to manage our business or perform functions as otherwise described to you at the time of collection subject to your consent. Please read all online agreements carefully before accepting them. 

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