Terms of Service

AudibleWordcast Subscriber Terms and Conditions

Terms and Conditions Of Use Agreement
Digital Millennium Copyright Act Notice Policy
Privacy Policy

Audible, Inc. provides its service to you subject to the following Terms and Conditions of Use Agreement.

Please read this agreement carefully!

TERMS AND CONDITIONS OF USE AGREEMENT [top]

THIS IS A LEGAL AGREEMENT BETWEEN AUDIBLE, INC. ("We", "Us" or "Audible") AND YOU ("YOU" OR "USER") THAT STATES THE MATERIAL TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE AUDIBLEWORDCAST SERVICE. THIS AGREEMENT, TOGETHER WITH ALL UPDATES, SUPPLEMENTS, ADDITIONAL TERMS, SOFTWARE LICENSES, PROMOTIONAL OFFER TERMS AND ALL OF AUDIBLE'S RULES AND POLICIES COLLECTIVELY CONSTITUTE THIS "AGREEMENT" BETWEEN YOU AND AUDIBLE. BY ACCESSING THE AUDIBLEWORDCAST SITE AND USING ANY OF THE AUDIBLEWORDCAST SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.

1. Definition of the AudibleWordcast Service. Audible is the creator and provider of a service (the "AudibleWordcast Service") that permits users to select proprietary audio consisting of licensed and original audio content (collectively, the "Publisher Content") through means including but not limited to (i) AudibleWordcast's Web site and such other or successor domain names as may be operated, acquired, or used from time to time by Audible (collectively, "AudibleWordcast Site"), (ii) wired and wireless connections, and (iii) telephony based networks; and to playback such Publisher Content on a computer or AudibleReady hardware device ("Device") using Audible's proprietary AudibleManager Software application (or other third party software application specifically approved by Audible that meets the then-current AudibleReady specifications) and/or any other software the user accesses, downloads, or otherwise receives for use in connection with the AudibleWordcast Service, including but not limited to Beta (pre-release) versions thereof (collectively, the "AudibleWordcast Software"). For certain business partners and affiliates of Audible, the AudibleWordcast Service also includes distribution of Devices and other goods, production services for the creation of digital audio from text, audio, and video materials, and the creation of private distribution channels for delivery of proprietary audio, Publisher Content, and/or special aggregations or versions of Publisher Content.

2. Requirements for Use of the AudibleWordcast Service. The AudibleWordcast Service is for individuals over 18 years of age who can form legally binding contracts under applicable law. If you do not meet the foregoing or other applicable requirements, you may not use the AudibleWordcast Service.

3. Privacy. AudibleWordcast's Web site Privacy Policy is expressly incorporated herein by reference and made a part of this Agreement. [Note: Insert link to AudibleWordcast privacy policy]

4. Your Information. If requested, you agree to provide current, complete, and accurate information that may be required to complete your registration with the AudibleWordcast Service and at other points as may be required in the course of using the AudibleWordcast Service (such information will be referred to herein, collectively, as "Registration Data"). You further agree to maintain and update applicable Registration Data as may be required to keep it current, complete, and accurate. You shall not use a false or misleading name or a name that you are not authorized to use. If any information you provide is false, incomplete, or inaccurate, we may terminate your rights to any or all of the AudibleWordcast 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 Audible Account (as defined below), billing your credit card for this AudibleWordcast Service, and, if applicable, for the establishment and maintenance of, and billing for, other accounts for the receipt of other Audible services or products.

5. User Account, Password, and Security.

a. Account and Password. As a registered user of the AudibleWordcast Service, you may receive or establish one or more passwords and accounts in connection with your use of this and other Audible web sites or services ("Audible Account(s)"). You are solely responsible for maintaining the confidentiality and security of your passwords and Audible Accounts. You may not divulge your password to anyone else or use anyone else's password or Audible Account. You are entirely responsible for all activities that occur on or through your Audible Account(s), and you agree to notify us immediately about any unauthorized use of Audible Accounts or any breach of security. You agree that we will not be responsible for any losses incurred in connection with any misuse of passwords and you further agree that we will have no responsibility whatsoever for your failure to comply with this Paragraph. Your breach of this Paragraph may result in immediate termination of your Audible Account(s), and may also subject you to criminal or civil liability. b. Security, Cracking and Hacking. You shall not violate or attempt to violate the security of the AudibleWordcast Service. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation which may be transferred to your computer via the AudibleWordcast Service.

6. Grants of Licenses

a. Publisher Content License. Unless otherwise indicated by the Publisher, when you "clickout" or otherwise "purchase" (referred to herein, collectively as "Purchase") Publisher Content from the AudibleWordcast Service, Audible grants you a limited, revocable, non- exclusive, non-transferable license to download or stream such Publisher Content to your computer and/or your Device(s) solely for your personal non-commercial use. You shall not copy, reproduce, distribute or use the Publisher Content in any other manner. You shall not sell, transfer, lease, modify, distribute or publicly perform the Publisher Content in any manner and you shall not exploit it commercially. Do not (A) decompile, disassemble, or reverse engineer the Publisher Content or attempt to do so; or (B) modify the Publisher Content or create any derivative works therefrom. This license to the Publisher Content you Purchase will continue for as long as your copy of Publisher Content exists pursuant to and in accordance with the terms and conditions of this Agreement.

b. Site Access License. Audible grants you a limited, revocable, non-exclusive, non- transferable license to access and make personal non-commercial use of the AudibleWordcast Site and not to download (other than page caching) or modify all or any portion of the AudibleWordcast Site. This license does not include any resale or commercial use of the AudibleWordcast Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the AudibleWordcast 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. The AudibleWordcast Site and/or any portion of the AudibleWordcast Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without Audible's express written consent. You shall not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Audible, its content providers or its affiliates without express written consent. You shall not use any Meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. You are granted a limited, revocable, non-exclusive, non-transferable right to create a hyperlink to the home page of the AudibleWordcast Web site so long as the link does not portray us, our content providers, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any AudibleWordcast logo or other proprietary graphic or trademark as part of the link without express written permission.

c. RSS Feed License. Audible grants you, subject to the termination rights and other restrictions contained herein, a revocable, non-transferable, non-sublicensable, non- exclusive license to display on your personal computer the RSS headlines, active links, or other source identifiers, and other information or materials provided from the RSS Feed (collectively, the "Feed"). You may not modify the Feed. All rights in and to the Feed that are not expressly granted to you herein are hereby reserved to Audible. You must comply with all applicable laws and any instructions from Audible or Publisher related to the Feed. Use of the Feed may link you to websites. You agree to review and abide by all terms and conditions applicable to such websites. You may retain one copy of the Feed on your computer for use consistent with this Agreement. You may not, directly or indirectly: (A) sell, distribute, disseminate, rent, lease or transfer the Feed; (B) associate the Feed with any other person or service other than Audible or Publisher by implication or otherwise; (C) remove, conceal or obliterate any proprietary notice or other mark or source identifier included on or associated with the Feed; (D) encumber the Feed; (E) make any representation or warranty associated with the Feed; (F) use the Feed on any site that would reflect unfavorably on Audible, Publisher, or the AudibleWordcast Service or be illegal in any way; (G) redirect any links associated with the Feed or use bots, spiders, scrapers or any aggregation tools with the Feed; (H) use the Feed for commercial purposes or to interfere or adversely affect Audible's, Publisher's, or the AudibleWordcast Service's business; (I) attempt to hide your identity or represent yourself as someone else in connection with the Feed; (J) compromise or attempt to compromise the security of any products or services associated with the Feed; or (K) interfere or attempt to interfere with the proper working of the Feed or the services or product offerings of Audible, Publisher, or the AudibleWordcast Service.

d. No Other License. Except as expressly stated herein, no rights or licenses are granted hereunder.

7. Right to Change Prices. Prices of all Publisher Content, as applicable, are subject to change upon notice from the Publisher. Such notice may be provided at any time by posting the changes to the AudibleWordcast Site or as otherwise made available via the AudibleWordcast Service.

8. Agreement to Pay. If applicable, you agree that you will pay timely, and that we may charge your credit card for any Publisher Content, Device, accessory, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Audible Account(s) (collectively, "Publisher Fees"). YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL PUBLISHER FEES AND FOR PROVIDING AUDIBLE WITH A VALID CREDIT CARD FOR PAYMENT OF ALL PUBLISHER FEES. All Publisher Fees will be billed to the credit card you designated during the registration process. If you want to designate a different credit card or there is a change in your credit card status, you must change your credit card information online at the "My Account" section of Audible.com or by contacting Customer Service at (888) 283-5051. (There may be a temporary disruption in the ability to use the AudibleWordcast Service until Audible can verify the validity of the new credit card information.) You agree that Audible may use all legal means available to collect Publisher Fees should our attempts to charge your credit card on record fail for any reason. Audible will charge you for any collection agency and legal fees it pays while collecting Publisher Fees from you.

9. Electronic Signatures and Contracts. Your use of the AudibleWordcast Service includes the ability to enter into agreements and/or to make Purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR YOUR PURCHASES AND APPLIES TO ALL ELECTRONIC COMMUNICATIONS AND RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE.

YOU CONSENT TO AUDIBLE PROVIDING YOU ANY INFORMATION THAT AUDIBLE IS REQUIRED TO SEND YOU REGARDING YOUR AGREEMENT, PURCHASES AND OTHER TRANSACTIONS ("REQUIRED INFORMATION") IN ELECTRONIC FORM. AUDIBLE MAY PROVIDE REQUIRED INFORMATION TO YOU (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFIED IN YOUR AUDIBLEWORDCAST (OR OTHER AUDIBLE ACCOUNT) MEMBERSHIP SUBMISSION, (2) BY ACCESS TO AN AUDIBLE WEBSITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE, OR (3) BY ACCESS TO AN AUDIBLE WEBSITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE.

IN ORDER FOR YOU TO ACCESS AND RETAIN YOUR ELECTRONIC RECORDS, YOU MUST HAVE THE FOLLOWING HARDWARE AND SOFTWARE: A COMPUTER CAPABLE OF READING TEXT FILES, A MODEM OR OTHER MEANS OF ACCESSING THE INTERNET, AND A BROWSER CAPABLE OF ACCESSING AND DISPLAYING WEB PAGES.

NOTWITHSTANDING YOUR CONSENT AS SET FORTH IN THIS SECTION, YOU MAY AT ANY TIME OBTAIN A PAPER COPY OF AN ELECTRONIC RECORD BY SENDING AN E-MAIL TO US AND PAYING A NOMINAL FEE PER COPY.

YOUR CONSENT TO ELECTRONIC AGREEMENTS SET FORTH ABOVE IS NECESSARY FOR USE OF THE AUDIBLEWORDCAST SERVICE. YOU MAY WITHDRAW CONSENT BY SENDING AUDIBLE AN E-MAIL CONTAINING INFORMATION UNIQUE TO YOU INCLUDING YOUR ACCOUNT INFORMATION; HOWEVER, THIS WILL RESULT IN A TERMINATION OF THIS AGREEMENT AND OF YOUR ABILITY TO USE THE AUDIBLEWORDCAST SERVICE.

10. Delivery of Publisher Content. All Publisher Content will be delivered via RSS Feed or direct download and archived in the "My Library" section of Audible.com.

11. Availability of Publisher Content. We will exercise reasonable efforts to provide the Publisher Content in a timely manner. On occasion, technical or supplier problems may delay or prevent delivery. You acknowledge and agree that availability of Publisher Content that is not yet created at the time of acceptance of this Agreement (such as time-dated programming) is subject to the creation of such programs by the supplier. Your exclusive and sole remedy with respect to Publisher Content that is not delivered within a reasonable period will be replacement of such Publisher Content with comparable programs or a pro rata extension of the applicable subscription period.

12. Intellectual Property.

a. Removal of Publisher Content or other Materials. Notwithstanding any other provision of this Agreement, we reserve the right to remove or disable access to any Publisher Content or other materials comprising a part of the AudibleWordcast Service (i) that violate or otherwise allegedly infringe on the copyright or other intellectual property or proprietary rights of any person, company or other entity; or (ii) for any reason or no reason at all. We will in no event be liable for the good faith removal of or disabling of access to any such Publisher Content or materials under this Agreement. Without limitation of the foregoing, we shall have no obligation to monitor, review, or pre-screen any Publisher Content either prior to or after such Publisher Content is made available on the AudibleWordcast Service.

b. Copyrights. All copyrights in and to the AudibleWordcast Service materials including but not limited to the AudibleWordcast Site (including the compilation of content, postings, links to other Internet resources and descriptions of those resources), Publisher Content, Audible Software, or any parts of or content within the AudibleWordcast Site, Publisher Content, and Audible Software, are owned by Audible and/or its suppliers and/or licensors.

THE USE OF ANY SOFTWARE OTHER THAN WEB BROWSERS, RSS AGGREGATORS AND AUDIBLE SOFTWARE ON OR IN CONNECTION WITH THE AUDIBLEWORDCAST SERVICE, SUCH AS PRODUCTS THAT DOWNLOAD THE AUDIBLEWORDCAST SITE OR ANY OF THE PAGES OF THE AUDIBLEWORDCAST SITE, IS STRICTLY PROHIBITED AND INFRINGES ON THE COPYRIGHTS IN AND TO THE AUDIBLEWORDCAST SERVICE MATERIALS. REPRODUCTION OR USE OF THE AUDIBLEWORDCAST SERVICE MATERIALS IN A MANNER OTHER THAN AS SPECIFIED IN THIS AGREEMENT MAY SUBJECT YOU AND OTHERS TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

c. Digital Millennium Copyright Act. We respect the intellectual property of others. If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please follow the procedure set forth in our Digital Millennium Copyright Act Notice Policy, which is expressly incorporated herein by reference and made a part of this Agreement.

d. Trademarks. Audible, AudibleWordcast, Audible.com, AudibleComedy, Audible Hear, There, and Everywhere, AudibleListener, AudibleManager, Audible MobilePlayer, AudibleOriginal, AudiblePlayer, AudiblePolitics, AudibleReady, Audible Schoolhouse, Click.Hear, Clickout, Clickoutlane, Internet Theatre, MobileServer, Otis, Who You Gonna Listen To and other Audible trademarks, service marks, graphics and logos used in connection with the AudibleWordcast Service are trademarks or registered trademarks of Audible, Inc. in the U.S. and/or other countries. Other non-Audible trademarks, servicemarks, graphics and logos used in connection with the AudibleWordcast Service are the trademarks of their respective owners. You are granted no right or license with respect to any of the aforedescribed trademarks and any use of such trademarks, including but not limited to use in connection with any product or service that is not that of the respective trademark owner in any manner that is likely to cause confusion among customers or that disparages or discredits the respective trademark owner, is strictly prohibited.

e. Patents. No license to or right in any Audible patent(s) is granted or implied hereunder. However, you are granted the right to use the AudibleWordcast Service in accordance with this Agreement.

13. Termination.

a. Termination By AudibleWordcast. If you fail, or we suspect that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of Publisher Fees due, failure to provide Audible with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Audible Account information and password, or violation of the Publisher Content License, the AudibleWordcast Site Access License, the RSS Feed License, or any license to Audible Software, Audible, at its sole discretion, may: (A) terminate this Agreement 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 the Publisher Content License, the AudibleWordcast Site Access License, the RSS Feed License and/or licenses to AudibleWordcast Software; and/or (C) preclude access to the AudibleWordcast Service (or any part thereof). We will notify you if we take any of the foregoing actions.

b. Termination of the Service. We reserve the right to modify, suspend or discontinue the AudibleWordcast Service (or any part thereof) or any Publisher Content (or any part thereof) at any time with or without notice to you, and we will not be liable to you or to any third party should we exercise such rights. In the event that we exercise such right, you may be entitled to a refund, in our sole discretion depending upon the Purchases you have made using the AudibleWordcast Service.

14. General Compliance with Laws; Export Restrictions. The AudibleWordcast Service is controlled and operated by us from our offices within the United States. You agree to comply with all local, state, federal, national and international laws, statutes, ordinances and regulations that apply to your use of the AudibleWordcast Service, including as they relate to export or re-export into (or to a national or resident of) any country to which the United States embargoes goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.

15. No Responsibility for Third Party Materials or Web sites. Certain content, Publisher Content, products and services available via the AudibleWordcast Service may include materials from third parties. In addition, we may provide links to certain third party Web sites. 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 Web sites. Audible does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or Web sites, or for any other materials, products or services of third parties. Links to other Web sites are provided solely as a convenience to you.

16. Warranty.

AUDIBLE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABIILTY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT.

17. Limitation on Liability.

IN NO EVENT SHALL AUDIBLE HAVE ANY LIABILITY WHATSOEVER FOR ANY LOST PROFITS, RECORDS OR DATA, INTERRUPTION OF SERVICE, OR LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES, INCLUDING WITHOUT LIMITATION, DAMAGES THAT MAY HAVE BEEN CAUSED BY A VIRUS OR OTHER DATA CORRUPTION PROBLEM RESULTING FROM ACCESS TO, DOWNLOADING FROM OR USE OF THE AUDIBLEWORDCAST SERVICE. IN NO EVENT SHALL AUDIBLE HAVE ANY LIABILITY WHATSOEVER ARISING OUT OF ANY PUBLISHER OR OTHER THIRD PARTY MISUSE OF PERSONAL INFORMATION PROVIDED HEREUNDER, MISUSE OF PASSWORDS OR AUDIBLE ACCOUNTS, OR ARISING OUT OF ITS REMOVAL OR DISABLING OF ANY PUBLISHER CONTENT. SUBJECT TO THE AVAILABILITY OF THE PUBLISHER CONTENT AUDIBLE IS NOT RESPONSIBLE FOR ANY CLAIMS INVOLVING THE TIMELINESS, ACCURACY, COMPLETENESS, OR RELIABILITY OF THE PUBLISHER CONTENT YOU DOWNLOAD OR OTHERWISE ACCESS FROM OR THROUGH THE AUDIBLEWORDCAST SERVICE.

WITH RESPECT TO ANY CAUSE OF ACTION BROUGHT UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT, IN NO EVENT SHALL AUDIBLE OR ANY OF ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING IN CONNECTION WITH OR RELATED TO USE OR INABILITY TO USE AUDIBLE ACCOUNT(S), AUDIBLE SOFTWARE, PUBLISHER CONTENT OR THE AUDIBLE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL AUDIBLE BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH THE AUDIBLEWORDCAST SERVICE (OR ANY PART THEREOF) IN EXCESS OF THE GREATER OF: (A) THE PRICE PAID BY YOU FOR THE PARTICULAR AUDIBLE SOFTWARE OR PUBLISHER CONTENT GIVING RISE TO THE DAMAGE, OR (B) TWO HUNDRED FIFTY DOLLARS (US$250).

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. This Agreement gives you specific legal rights, and you may also have other rights that vary from state to state.

18. Indemnity. You agree to indemnify and hold harmless Audible, its affiliates, subsidiaries, shareholders, officers and directors, agents, employees, and partners from any third party claim or demand, including reasonable attorneys' fees for damages and/or costs due to or arising out of your breach of this Agreement and/or your use of the AudibleWordcast Service, AudibleWordcast Software, Devices and/or the Publisher Content.

19. Governing Law. This Agreement will be exclusively governed by the laws of the State of New Jersey without regard to its principles on the conflicts of laws.

20. Arbitration. Any controversy or claim arising out of or relating to this Agreement or its breach, with the exception of injunctive relief sought by Audible for any violation of Audible's intellectual property or other proprietary rights or of the licenses granted pursuant to this Agreement, will be settled by arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, if you are domiciled outside the United States, then the dispute will be resolved by arbitration under the then-current International Arbitration Rules of the American Arbitration Association. The location of the arbitration shall be Wayne, New Jersey, USA.

21. Changes. We reserve the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the AudibleWordcast Service. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement upon notice thereof, which may be given by any reasonable means including by posting to the AudibleWordcast Site. Your continued use of the AudibleWordcast Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

22. Miscellaneous. This Agreement constitutes the entire agreement between you and Audible, and supersedes any prior agreements between you and Audible, written or oral, with respect to the subject matter herein. Any additional or different terms in any order or written communications from you are void. In the event of a direct conflict between the terms of this Agreement, including but not limited to the statements, documents and policies incorporated by reference into this Agreement, and the terms and conditions of a particular marketing promotion or offer, the terms of such particular marketing promotion or offer shall control with respect to the such marketing promotion or offer. The failure of Audible to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Audible will not be responsible for failures to fulfill any obligations due to causes beyond its control. Headings are for convenience only and will not be used to alter the meaning of any provision. You shall not bring a legal action under this Agreement more than two (2) years after the cause of action arose. All notices and demands required to be given to Audible hereunder shall be in writing and shall be served by personal service, nationally recognized overnight courier service or by certified mail, and shall be effective on the date received as evidenced by proof of receipt, if delivered to Audible, Inc., 65 Willowbrook Blvd., Wayne, N.J. 07470, Att: Associate General Counsel. Back to Top

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY [top]

Consistent with the Digital Millennium Copyright Act, if you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our designated agent for notices of infringement and provide the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located on the AudibleWordcast Site; Your address, telephone number, and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

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.

Our designated agent for notice for claims of copyright infringement is our VP and Senior Counsel who can be reached as follows: By mail: Helene Godin, Audible Inc., 65 Willowbrook Blvd., Wayne NJ, 07470. By phone: (973) 837-2700. By email: hgodin@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 AT VIA EMAIL TO CUSTOMER_SERVICE@AUDIBLE.COM OR BY PHONE TO (888) 283-5051.

----------------- AudibleWordcast Privacy Statement [top] Effective Date: 01/12/06; last updated on 01/12/06

This privacy statement discloses the privacy practices for wordcast.audible.com This Web site is published and maintained by Audible, Inc. ("Audible"), with offices located at 65 Willowbrook Blvd 3rd Floor, Wayne, New Jersey 07470.

By visiting this Web site, and/or using the services offered on or through this Web site, you agree to the terms of this Privacy Statement as they may be amended from time to time. This Privacy Statement is incorporated into, and part of, the AudibleWordcast Web site and Terms and Conditions of Use Agreement (http://anchor to top of page), which govern your use of this Web site in general.

Information Collection and Use

Audible does not collect personally identifiable information ("Personal Information") from users of its Web site(s) without the knowledge and consent of such users. Personal Information includes, for example, name, home or business address, email address, telephone number, or other information that may identify an individual or allow online or offline contact with an individual. Any such information collected on this Web site will be shared with certain AudibleWordcast publishers to whose content you subscribe. (see below, "Linking From Other Sites"). Audible will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. Personal Information may be provided to Publishers subject to the AudibleWordcast ASP Agreement, which provides in part that Publishers shall not use, sell, lease, or permit access to such information by any third party, except solely in connection with marketing of Publisher's own products and services, but not the products or services of any other party. Audible and certain AudibleWordcast Publishers may collect information from its users at several different points on its Web site. BY PROVIDING PERSONAL INFORMATION TO THIS WEB SITE, YOU UNDERSTAND AND CONSENT TO THE COLLECTION, MAINTENANCE, PROCESSING AND TRANSFER OF SUCH INFORMATION IN AND TO THE UNITED STATES AND OTHER COUNTRIES AND TERRITORIES.

Registration

In order to use certain products or services on this Web site, a user may have to complete a registration form. During such registration a user may be required to give their contact information (e.g., name, email address, and/or other Personal Information) and to create a username & password. This information is used to contact the user about the services on our site for which they have expressed interest. Audible does not require the user to provide demographic information, such as income level and gender, nor unique identifiers such as social security numbers.

Order

If applicable, we may request certain information from a user on an order form. Here a user may be required to provide certain contact information (e.g., name, telephone and mailing address) and financial information (e.g., credit card number, expiration date). This information may be used for billing purposes and to fill customer's orders if applicable. If we have trouble processing an order, this contact information is used to get in touch with the user. Cookies

A cookie is a piece of data stored on the user's hard drive containing information about the user. Usage of a cookie is in no way linked to any Personal Information while on our Web site. For instance, by setting a cookie on our Web site, the user would not have to log in a password, thereby saving time each time they visit our site. Should the user want to temporarily disable this function they can do so by clicking the log-out link. Most Web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to reject that cookie. If a user rejects the cookie, they may still use our site. The only drawback to this is that the user will experience limited functionality in some areas of our site. For example, the user will not be automatically logged in when they return to the site.

Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. We use a third party tracking utility to track end-user activity through our site through the use of cookies. Activity is tracked in an effort to make our site easy to navigate through, and to find out which areas of our site draw the most attention. The information tracked are such things as Most Requested Page, Least Requested Page, Top Entry Page, Top Path Through Site, cities users are visiting from, average length of time spent at the site, etc.

Clear GIFs

We may use "clear GIFs," or similar technologies, in the Web site and/or in our communications with you to enable us to know whether you have received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a Web page or in an email or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual's viewing or receipt of a Web page or message.

Log Files; IP Addresses and Clickstream Data

Our server automatically collects data about your server's domain address when you visit our Web site. This information, known as an Internet Protocol address, or IP Address, is a number that's automatically assigned to your computer by your Internet service provider whenever you're on the Web, and is not linked to your Personal Information. When you request pages from our Web site, our servers may log your IP Address and sometimes your domain name. Our server may also record the referring page that linked you to us (see below, "Linking From Other Sites"), the pages you visit on this Web site, other information about the type of Web browser, computer, platform, related software and settings you are using, and any search terms you have entered on this Web site or a referral site. We use IP Addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use.

Sharing

Since we market materials published by other parties, our business may require us to pay royalties based on the sale of Publisher Content, and report individual and aggregate sales figures and certain other data to the publishers with whom we work. In some instances, Personal Information may also be shared with publishers (see below, "Linking From Other Sites"). Additionally, we may use a credit card processing company to bill users for goods and services. Such company is not permitted by us to retain, share, store, or use Personal Information for any secondary purposes.

Linking From Other Sites

You may have linked to this Web site from another Web site, such as a publisher's site. If you purchase, download or otherwise subscribe to certain products or services on our Web site, your name, email address, or other Personal Information may be shared with that publisher. We encourage you to read the publisher's applicable privacy statement. AUDIBLE IS NOT RESPONSIBLE FOR PUBLISHERS' OR OTHER THIRD PARTIES' PRIVACY PRACTICES OR OTHER TERMS AND POLICIES, OR THE COMPLIANCE THEREWITH OR ENFORCEMENT THEREOF. In general, publishers who link to this site are contractually obligated by us to adhere to the terms of this AudibleWordcast Privacy Statement with respect to the names, email addresses, and other Personal Information we may share with them. In addition, such publishers are generally not permitted to allow such information to be used, sold, leased or accessed by or to any third parties except solely in connection with the marketing of the publisher's own and related products and services. In addition, we may also share non-personal information about you (see above, "Log Files; IP Addresses and Clickstream Data") with publishers that link to this Web site.

Links To Other Sites

This Web site contains links to other sites. PLEASE BE AWARE THAT AUDIBLE IS NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OR OTHER TERMS AND POLICIES OF SUCH OTHER SITES, OR THE COMPLIANCE THEREWITH OR ENFORCEMENT THEREOF. We encourage our users, when they leave our site, to read the privacy statements of each and every Web site that collects Personal Information. This AudibleWordcast Privacy Statement applies solely to information collected by this Web site.

Newsletter

If a user wishes to subscribe to any of our newsletters or to the newsletters of certain AudibleWordcast Publishers, they may be asked to register by providing their contact information (name and email address) and to create a username and password. If this information is already known, they may be asked to explicitly subscribe.

Surveys & Contests

From time-to-time Audible may request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore generally has a choice whether or not to disclose this information. Information requested may include contact information (such as name and mailing address), and demographic information (such as zip code, age level). Contact information may be used to notify the winners and award prizes. Survey information may be used for purposes of monitoring or improving use of and satisfaction with this Web site.

Security

This Web site takes reasonable steps to protect its users' information. When users submit sensitive information via the Web site, we endeavor to protect the information both online and off-line. However, due to the inherent nature of the Internet as an open global communications vehicle, Audible cannot guarantee that this information will be safe from intrusion by others, such as hackers. Any unauthorized access to or use of the Web site or information collected and maintained by the Web site should be immediately brought to the attention of Audible at the customer service email address below. Audible will investigate, and if necessary take action to prevent or halt, any violation of this Privacy Policy of which it becomes aware.

When our registration/order form asks users to enter sensitive information (such as a credit card number), that information is encrypted using SSL (secure socket layer) encryption software. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just "surfing".

If you contact Audible by email, you should be aware that email transmission might not be secure. A third party could view information you send by email in transit. Audible will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during transmission. If you are requested to send us any Personal Information in an email or into a Web site or otherwise, and you are uncertain whether such request is authorized by us, please do not hesitate to ask us by sending an email to our privacy officer at privacy@audible.com.

While we use SSL encryption to protect sensitive information online, we also take reasonable steps to protect user information off-line. All of our users' information, not just the sensitive information mentioned above, is subject to restricted access in our offices. Access to Personal Information is generally restricted to employees who need the information to perform a specific job (for example, a billing clerk or customer service representative). Such employees are generally required to use password-protected screen-savers when they leave their desk. When they return, they are generally required to re-enter their password to re-gain access to user information. Furthermore, ALL employees are informed of our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers' information is protected. Finally, the servers that we store Personal Information on are kept in a secure environment, behind a locked cage. In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your email address, we may notify you by email. By using this Web site, you consent to our use of email as a means of such notification.

If you have any questions about the security at our Web site, you can send an email to customer_service@audible.com.

Special Offers

We may send new members a welcoming email to verify password and username. Established members may occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users we may present the option to not receive these types of communications. Please see description of our choice/opt-out policy below.

Notification of Changes

If we decide to change our privacy policy, we will post those changes on our Homepage so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

Site and Service Updates

We may send the user site and service announcement updates. Members are generally not able to un-subscribe from service announcements, which may contain important information about the service. We may communicate with the user regarding updates to our site and service and issues relating to their account via email or phone.

Legal Obligations

Though user privacy is a serious matter to us, we may need to disclose personal information when required by law where we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site. We may also disclose such information when we have a good-faith reason to believe that someone is causing injury to or interference with our rights or property, other AudibleWordcast Web site users, or anyone else that could be harmed by such activities. Additionally, in the event that Audible or substantially all of its assets are acquired by one or more third parties as a result of a merger, sale, consolidation or liquidation, customer Personal Information may be one of the transferred assets.