Best Audio Book Source
Online Terms and Conditions
Version 2
as at 1 st August 2006
1.
The
Contract Between Us
1.1
This website is
owned, operated and maintained by Best Audio Book Source (the "
Company " or " we " or "
us "). The Company is registered in
England
under company
number 3971327 with its trading address at Parkland Business
Centre, Leeds
Road,
Greengates
,
BD10
9TQ.
1.2
Please read these conditions carefully as they set out the rules
for how the Company runs the website and supplies the audio content
and other goods or services which you may purchase through this
website. By clicking the "Accept" button you accept and agree to be
bound by these conditions which shall govern the agreement between
us.
1.3
The
Company reserves the rights to change the contents of this website,
including these conditions at any time without notice, by posting
such changes on the website. It is your responsibility to
familiarize yourself with the conditions regularly to ensure that
you are aware of any changes. Your continued use of this website
following the posting of any such changes will constitute your
acceptance of the revised conditions.
If
you do not accept these conditions, you may not use this
website.
2.
Conditions
2.1
These conditions govern your use of Best Audio Book Source's audio
sales download service (" Service ") and all
orders placed by you for audio content (" Works ")
via this website.
2.2
Nothing in these conditions shall affect your statutory
rights.
3.
Orders
3.1
You
must be over the age of 18 and able to form legally binding
contracts under applicable law before you can place an order via
the website. If you do not meet the foregoing requirements, you may
not use this website.
3.2
All
orders placed by you through our website will be subject to these
conditions.
3.3
All
orders shall be deemed to be an offer by you to purchase the Works.
The Company is under no obligation to accept your order (whether or
not the order has been acknowledged).
4. Order
Acceptance
4.1
We
will send you an email to acknowledge receipt of your order; this
does not constitute our acceptance of your order. Once payment for
the Works has been received, we will confirm that your order has
been accepted and the Works have been delivered to your account by
sending an email to you at the email address you provide in your
order. Our acceptance of your order brings into existence a legally
binding contract between us with respect to such order.
4.2
If
there are any problems with your order, you will be contacted by a
member of the customer services team.
5.
Specifications
5.1
The
Company has made every reasonable effort to display on the website
as accurately as possible a description of each of the Works and
its duration. However, some slight variations may occur from time
to time.
6. Price and
Payment
6.1
The
price for the Works that you order will be the price quoted on the
website at the date the order is received.
Prices
are subject to change at any time, at the Company's sole
discretion, upon the posting of such prices on the website.
Prices are exclusive of, and you shall be responsible for any
and all sales, use, excise, value-added, consumption and
other applicable taxes .
Prices
include delivery, unless stated otherwise on the
website.
6.2
Payments must
be made by credit or debit card (please see the relevant part of
the website for a list of those payment cards accepted and method
of payment). By submitting a credit or debit card number, you: (a)
represent and warrant that your use of the particular card is
authorized and that all information that you submit is true and
accurate; and (b) authorize us to charge to the card you tendered
all amounts payable by you to us based on the products and services
you order.
6.3
The
Company shall not deliver the Works until it has received
confirmation of pay ment.
6.4
You
may be subject to validation checks and/or third party
authorizations depending on your method of payment.
7.
Delivery
7.1
A
link to the Works you have purchased will be delivered to the
My Library section of the website which you can access by
logging in to your account (" Your Account ").
Delivery of the link to Your Account will constitute delivery of
the Works to you.
7.2
The
link to your Works will remain in Your Account for at least seven
(7) days from the date of delivery. It is your responsibility to
make sure that you download the Works from Your Account within this
time period and the Company accepts no responsibility for your
failure to do so.
7.3
The
Company aims to deliver your Works as soon as possible after
placing your order. If we cannot deliver the Works within 30 days
of your order, we will notify you and you will be entitled to
cancel your order and a refund will be made to you. In no event
shall we be liable to pay for any damages or penalty for any delay
in delivery of the Works however caused.
7.4
If
you have ordered Works which are not yet available (pre-orders), we
shall endeavor to deliver the Works by the date estimated for
delivery as shown on the website. If we cannot deliver the Works
within a reasonable period from that date (to be no longer than 30
days) we will notify you and you may cancel your order or choose to
wait until the Works are available for delivery. We will refund any
payments you have made if you choose to cancel the
order.
7.5
Risk in the
Works shall pass to you once they have been delivered to you and we
will not be liable for their loss, corruption or destruction after
delivery has taken place.
7.6
It
is your responsibility to ascertain and obey all applicable local,
state, federal and international laws (including minimum age
requirements) in regard to the possession, use and sale of any
Works purchased from this website. By placing an order, you
represent that the Works ordered will be used only in a lawful
manner.
8.
Y our Right to
Cancel
8.1
You
may cancel your order with us for the Works at any stage before,
and up to seven (7) working days after the Works are delivered to
you by notifying the Company in writing at the address above or by
sending an email to
customerservices@bestaudiobooksource.com
.
We will refund the amount you have paid.
8.2
We
cannot accept cancellation where you have already downloaded the
Works from the "My Library" section of the website.
8.3
You
may cancel and return any unused gift certificates you have
purchased from us within seven (7) working days of receipt and we
will refund the amount you have paid.
9. Cancellation
By Us
9.1
We
reserve the right to cancel any order (or any part of the order) if
for any reason:
(i)
the
Works ordered by you are no longer available;
(ii)
the
Works are withdrawn from our Service by the publisher or by the
Company; or
(iii)
the
Works cannot be supplied to you in the country where you
reside;
in
which event we will notify you by email and refund any payments you
have made for that order or that part of the order.
9.2
We
endeavor to make sure that all prices advertised on the website are
correct, However, if we discover that the Works you have ordered
were listed at an incorrect price we will inform you of the correct
price as soon as possible. We will give you the option of
re-confirming your order or canceling it; if you choose to cancel
your order we will refund any payments made.
9.3
We
will not be obliged to offer any additional compensation for
disappointment suffered if your order is cancelled for any
reason.
9.4
We
may terminate or suspend your use of and registration on this
website at any time, with or without cause (including but not
limited to your violation of these conditions or any inappropriate
or unlawful behavior on your part), with or without prior notice to
you and without any liability or further obligation of any kind
whatsoever to you or any other party. You are personally liable for
any orders that you place and charges that you incur prior to
termination.
9.5
We
reserve the right to modify, suspend or discontinue this website,
the Service or any Works (or any part thereof) at any time with or
without notice to you. We shall not be liable to you or any third
party for any such modification, suspension or
discontinuation.
9.6
You
agree to indemnify and hold harmless the Company and its
affiliates, officers, directors, employees and representatives from
any and all third party claims and demands, including reasonable
attorneys' fees, for damages and/or costs due to or arising out of
your breach of these conditions and/or your use of this website,
the Service or any Works.
10. Limited
EXPRESS Warranty for DEFECTIVE WORKS
10.1
All Works
supplied by the Company will be free from material defects and be
of a quality suitable for human listening when used on equipment
that is in good operating condition and meets the specifications
established by the Company, subject to the terms set out in this
section 10
.
10.2
If
the Works are materially defective or incorrect on delivery, we
shall have no liability to you unless you notify the Company of the
problem (by email at
customerservices@bestaudiobooksource.com
),
within 14 days from the date of delivery.
10.3
If
you notify a problem to us we will:
(i)
make good any
shortage or non-delivery; or
(ii)
replace any
Works that are materially defective on delivery; or
(iii)
where Works
cannot be made good or replaced, refund you the amount paid by you
for the Works in question.
The
remedies set forth in this paragraph 10.3 constitute your sole and
exclusive remedies, and our sole and exclusive obligations, with
respect to any breach of the warranty set forth in paragraph 10.1.
For the avoidance of doubt, we shall have no such obligation to you
if any of the conditions set out at paragraphs
11.2
or 11.3
apply.
10.4
EXCEPT AS
EXPRESSLY PROVIDED IN PARAGRAPH 10.1, THIS WEBSITE, THE SERVICE AND
THE WORKS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE
EXPRESS WARRANTIES STATED ABOVE ARE IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THE
COMPANY DOES NOT WARRANT THAT
THIS WEBSITE, THE SERVICE OR THE WORKS WILL BE UNINTERRUPTED OR
SECURE, OR THAT THIS WEBSITE, THE SERVICE OR THE WORKS WILL BE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE
TIMELINESS, ACCURACY, COMPLETENESS OR RELIABILITY OF THIS
WEBSITE, THE SERVICE OR THE WORKS.
11. Our
Liability
11.1
SAVE AS
PRECLUDED BY LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
LOSS, DAMAGE OR EXPENSES (INCLUDING WITHOUT LIMITATION ANY LOSS OF
MATERIALS OR DATA, INTERRUPTION OF SERVICE OR WASTED EXPENDITURE)
HOWSOEVER ARISING OUT OF YOUR USE OF THIS WEBSITE, THE SERVICE
AND/OR THE WORKS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. WE SHALL HAVE NO LIABILITY TO PAY ANY MONEY TO YOU BY WAY
OF COMPENSATION OTHER THAN TO REFUND TO YOU THE AMOUNT PAID FOR THE
WORKS IN QUESTION. THE FORGOING LIMITATIONS SHALL APPLY REGARDLESS
OF THEORY UNDER WHICH SUCH CAUSE OF ACTION IS BROUGHT, WHETHER IN
CONTRACT, TORT, WARRANTY OR OTHERWISE.
11.2
The
information contained in the website has not been written to meet
your individual requirements and it is your sole responsibility to
satisfy yourself that the Works you order are suitable for your
specific purposes and compatible with your computer hardware and
devices. You shall be responsible for ensuring the accuracy of all
details provided as part of your order.
11.3
The Company
shall be under no liability in respect of any defect in the Works
arising from your use or deletion of the Works, incompatibility of
your equipment, your failure to follow instructions to download and
access the Works, or any misuse or alteration of the
Works.
11.4
Some states do
not allow the exclusion of implied warranties or incidental or
consequential damages, so the above exclusion thereof may not apply
to you. These conditions give you specific legal rights, and you
may also have other rights that vary from state to
state.
12.
Use of the Works and Other Rights and
Restrictions
12.1
The
Company is an authorized distributor of the Works. Except as
provided in the immediately following sentence, the Company retains
all rights, title and interest in and to this website and the
Service, including all software, design, text, images, photographs,
illustrations, audio clips, video clips, artwork, graphic material
and other copyrightable or otherwise legally protectible elements
contained therein, and the selection, sequence, “look and feel” and
arrangements thereof. The Company's licensors retain all rights and
title in connection with the Works. This website, the Service and
the Works are protected by intellectual property laws and your use
is strictly restricted to these conditions, including the
following:
(i)
You
are granted a limited, non-exclusive, non-transferable, revocable
license to download the Works you have purchased to your computer
or other compatible device.
(ii)
You
may only use this website, the Service and the Works for your own
personal use and not for any business-related purposes.
(iii)
You
may burn the Works you have purchased up to three (3) times onto
any compatible device or appropriate media. Occasionally our
publishers may vary the number of times you may burn a copy of
certain Works; in this event, we will notify you at the time you
place your order. Other than as expressly granted here, you shall
not reproduce or make any further copies of the Works.
(iv)
You
may not and may not allow others to sell, transfer, sublicense,
distribute, publicly perform, frame or create derivative works from
this website, the Service, the Works or any part
thereof.
(v)
You
may not and may not allow others to modify, decompile, reverse
engineer, decrypt, circumvent or otherwise interfere with or alter
the website, Service or Works.
12.2
Samples of
certain Works may be provided by us which you may play directly
from the website free of charge. You may play as many of these
samples as you like but you must not attempt (or allow others to
attempt) to copy, download or otherwise interfere with these
samples.
12.3
You
are responsible for all use made of the Works purchased via the
website and we will not be responsible for any infringement of
third party rights which arise as a result of your use of the
Works.
12.4
The
trademarks, service marks, graphics and logos used in connection
with this website and/or the Service are trademarks or registered
trademarks of the Company or its licensors. You are granted no
right or license with respect to any such trademarks or service
marks and any unauthorized use is strictly prohibited
.
12.5
All
rights not expressly granted herein are reserved.
13. Acceptable
Use
13.1
You
shall not breach or attempt to breach the security of this website
or the Service. Without limiting the foregoing, you shall
not:
(i)
access data or
materials not intended for you;
(ii)
log
into a server or account which you are not authorised to
access;
(iii)
attempt to
probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper
authorisation.
Breaches of
system or network security may result in civil or criminal
liability. We reserve the right to investigate occurrences which
may involve such breaches and may involve, and cooperate with, law
enforcement authorities in prosecuting users who have participated
in such breaches. Use of spiders, robots and similar data gathering
and extraction tools is expressly prohibited.
13.2
You
agree not to use this website in any way that may cause the website
or access to the website to be interrupted, damaged or
impaired.
13.3
The
website may host reviews, feedback and comments from users. Any
electronic communications and / or content you send to this website
must be for lawful purposes only. You are responsible for such
content, which should not be malicious, defamatory, obscene, racist
or designed to offend or to cause annoyance. In particular, such
communications and content must not be illegal, abusive,
threatening, indecent, defamatory or menacing. It must not breach
copyright, trade mark, confidence or privacy rights, and must not
consist of or include software viruses, political announcements,
commercial solicitation or advertising, chain letters, mass
mailings or "spam".
13.4
When dealing
with this website you must not use a false email address,
impersonate any other person or entity, or mislead the website and
its users as to the origin of any electronic communications or
content.
Unauthorised
use of this website may give rise to a claim for damages and/or be
a Criminal offence
14. Your
Information
14.1
As
a user of the website you will need to set up and maintain an
account on the website. You are solely responsible for keeping your
passwords confidential and secure at all times. You should notify
us immediately if you become aware of any unauthorized access to
your account. In no event shall we be responsible for any loss you
may suffer as a result of any misuse of your account and/or
passwords.
14.2
You
agree to provide current, complete and accurate information
required to complete your account registration and at other times
as may be required in the course of using this website or the
Service (" Registration Data "). You further agree
to maintain and update Registration Data as required to keep it
current, complete and accurate. If any information you provide is
false, incomplete or inaccurate, we may terminate your rights to
use this website and the Service. If the information you provide is
fraudulent, you may also be subject to criminal and/or civil
liability. You agree that we may store and use Registration Data
you provide (including credit card information) for use in
maintaining your accounts and billing fees to your credit
card.
14.3
You
will be responsible for installing adequate anti-virus software and
related security protection to secure your computer systems when
using the Service. We will not be responsible for any loss suffered
as a result of your failure to do so.
15. Offensive
Content
15.1
The
website may contain reviews, feedback and other comments submitted
by our users. It is not possible for us to monitor the content of
all of these reviews and we therefore take no responsibility for
any content, materials, messages and the like that users may post
or view on these areas of the website. We will endeavor to remove
any content which causes or is likely to cause offense as soon as
reasonably practical after we have been made aware of this. If you
wish to make a complaint with regards to any offensive content,
please contact
customerservices@bestaudiobooksource.com
.
16. Disclaimer
of Liability for Third Party Materials
16.1
Certain
content, products and services available via this website may
include materials from third parties. In addition, we may provide
links to certain third party websites. With respect to such
material, we are a distributor, not a publisher. You acknowledge
and agree that we have little or no control over, and are not
responsible for examining or evaluating the content or accuracy of
any such third party material or websites. The Company does not
warrant or endorse and does not assume and will not have any
liability or responsibility for any third party materials or
websites, or for any other materials, products or services of third
parties. Links to other websites are provided solely as a
convenience to you.
17. Notices and
Correspondence
17.1
Unless
otherwise expressly stated in these conditions, all notices and
other forms of communication from you to us must be in writing and
sent to our trading address at RAM Suite, Best Audio Book Source,
Windsor House, Cornwall Road, Harrogate, North Yorkshire HG1 2PW;
or by email to
customerservices@bestaudiobooksource.com
.
All notices from us to you will be displayed on our website from
time to time.
18. Events
Beyond Our Control
18.1
We
shall have no liability to you for any failure to deliver the Works
you have ordered or any delay in doing so or for any damage or
defect to Works delivered that is caused by any event or
circumstance beyond our reasonable control including, without
limitation, strikes, lock-outs and other industrial disputes,
breakdown of systems or network access, flood, fire, explosion,
acts of terrorism or accident.
19.
Invalidity
19.1
If
any of these conditions is found by any court or administrative
body of competent jurisdiction to be invalid or unenforceable, such
invalidity or unenforceability shall not affect the other
conditions, which shall remain in full force and effect.
19.2
If
any of these conditions is found to be invalid or unenforceable but
would cease to be invalid or unenforceable if some part of the
provision were deleted, the provision in question shall apply with
such modification as may be necessary to make valid and
enforceable.
20.
Privacy
20.1
You
acknowledge and agree to be bound by the terms of our privacy
policy;
/privacy.html
which is
incorporated herein by reference.
21. Third
Parties
21.1
Except for our
affiliates, officers, directors, employees or representatives who
are entitled to indemnification hereunder, a person who is not
party to the contract shall have no rights hereunder to enforce any
term of such contract.
22. Entire
Agreement
22.1
These
conditions, together with our current website prices, delivery
details, contact details and privacy policy, set out the whole of
our agreement relating to your access to and use of this website
and the Service and the supply of the Works to you by us, and
supersede all prior and contemporaneous understandings of the
parties hereto relating to the subject matter hereof. Nothing said
by any sales person on our behalf should be understood as a
variation of these conditions or as an authorized representation
about the nature or quality of any goods offered for sale by us.
Save for fraud or fraudulent misrepresentation we shall have no
liability for any such representation being untrue or
misleading.
23. Governing
Law and Jurisdiction
23.1
The
contract between us and any matter arising from or in connection
with these conditions shall be governed by and construed in
accordance with the laws of the State of New York applicable to
contracts executed and performed entirely within New York (without
regard to any principles of conflict of laws). Any action you bring in connection with
these conditions or any other matters related to this website, the
Service or the Works shall be brought only in a state or federal
court located in
New York County
,
New York
, and you hereby irrevocably consent to the personal and exclusive
jurisdiction of such courts. Regardless of
any statute or law to the contrary, any claim or cause of action
against the Company arising out of or related to use of this
website, the Service or the Works or otherwise under these
conditions must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
24. Electronic
Delivery Policy
24.1
You agree that we may provide to you required notices, agreements
and other information electronically as specified in these
conditions. If you want to withdraw your consent to receive notices
electronically, you must discontinue your use of this
website.
25.
Miscellaneous
25.1
This website is
intended exclusively for residents of the United
States. The Company
makes no representations that
materials in this website are appropriate or available for use in
other locations. Those who choose to access this website from other
locations do so at their own risk and are responsible for
compliance with any and all local laws, if and to the extent local
laws are applicable. No Works or other materials from this
website may be downloaded, exported or re-exported in violation of
any law including, without limitation, to countries that are
subject to U.S.
export
restrictions. The failure of the Company to exercise or enforce any
right or provision of these conditions will not constitute a waiver
of such right or provision .
Version 2 as at 1 st August 2006
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