Simply Audiobooks - Terms of Use

Terms of Use

Acceptance of the Terms of Use

IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY.

The following specifies the terms and conditions under which you may use any Simply Audiobooks (SAB) website, service, or product. By using, visiting or browsing the SAB website or using Simply Audiobooks services or products, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Simply Audiobooks website, service or products. SAB may revise these terms at any time by updating the Terms of Use on our site. Continued use of the site after such modifications constitutes your acceptance of the revisions to the agreement. You should visit this page periodically to review the Terms. This agreement was last revised July 2009.

Simply Audiobooks Requirements

You must be at least 18 years old, or have parental permission to use the site and its services or products.

You agree that you are the credit card holder for your account, or have express permission of the cardholder to use their card as a payment method.

You agree to provide accurate and up-to-date essential personal information, and agree to maintain said information on your "My Account" page.

Copyright Laws/Intellectual Property Rights

Content downloaded or rented from Simply Audiobooks may be used and played for your personal, non-commercial use only. You agree not to modify, reproduce, retransmit, transfer, distribute, sell, broadcast, make available to third parties or circulate the content to anyone or to exploit any such content for commercial or noncommercial purposes without the express prior written consent of Simply Audiobooks.

Rentals and Subscriptions

Members of our unlimited CD Rental Club are entitled to 1, 2, 3, or 4 selections at a time based on their subscription. We rent audio books on compact disc, dividing longer titles into selections of up to 15 CDs. Approximately 80% of all our rental titles are 15 discs or less in length.

Subscription members agree to pay a recurring monthly fee by credit card, permitting us to charge membership dues and any applicable tax, until the account is cancelled by phone. Membership dues, including promotional pricing and limited time offers, are subject to change at a pre-specified time, or at Simply Audiobooks’ discretion. All subscriptions, including redeemed gift subscriptions, require a valid credit card on file for security reasons. You may change your subscription at any time.

All subscriptions are self-maintained accounts and each member is responsible for reporting any issues including, but not limited to, titles lost en route or on return, damaged discs, missing discs, etc.

Members should keep a minimum of 15-20 titles on their rental shelves at all times to ensure optimum service. Rental selections do not have due dates, therefore title availability is never guaranteed.

Rental Shipping

All rental shipments are postage prepaid. US shipments are pre-sorted by UPS and then sent to local USPS outlets for regular home delivery, averaging 2-6 business days for delivery each way. Canadian rentals are delivered via Canada Post, and take an average of 10-12 business days each way.

Damaged/Lost Shipments

We allow a grace period of up to 10 business days for overdue shipments; contact us if your rental product has not arrived in this time frame.

If a shipment is substantially overdue en route or on return, an investigation with the mail service may be launched. If a shipment is then determined to be lost in the mail, you will not be held responsible and a replacement or your next item will be shipped as soon as possible. We reserve the right to suspend your subscription during a mail investigation or terminate your subscription in the case of suspected theft.

If a rental shipment arrives damaged, we will replace it as soon as possible. Contact us immediately to report the problem and arrange for a replacement.

If you lose or damage a shipment while it is in your possession, contact us as soon as possible to arrange its replacement. The replacement fee for any lost or damaged title is 80% of its retail cost.

Members are responsible for ensuring that the shipping address is correct and current. If a title is lost due to an incorrect or outdated address, you will be charged 80% of its retail cost for replacement.

Rental Prepaid Subscriptions

If you have a prepaid subscription, it will automatically renew at the end of your rental year for the same prepaid plan at your current annual rate. You must cancel your subscription before it renews to avoid further charges.

In the case of a cancelled prepaid account, you will be refunded, less the current monthly charge for all months and part-months of service used upon receipt of all outstanding inventory.

Rental Gift Subscriptions/Gift Certificates

All redeemed gift subscriptions and gift certificates used towards subscriptions require a valid credit card on file for security reasons. Your subscription will automatically be renewed at the same subscription level at the end of the gift term, charged to the credit card on file. You must cancel your subscription before it renews to avoid further charges.

In the case of a cancelled prepaid gift subscription or gift certificate redeemed towards a prepaid subscription, the full amount, less the current monthly charge for all months and part-months of service used, will be returned to the gift code associated with the gift, to be used towards future Simply Audiobooks products or services.

Gift subscriptions and certificates are non-refundable and, once redeemed, non-transferable.

Free Trials/Corporate Gifts/Limited Time Offers

In the case of a promotional Free Trial (via an affiliate, corporate gift card, or promo code) your subscription will automatically renew and your credit card will be charged on the day after your trial expires. You must cancel before the end of your Free Trial if you do not wish to be billed.

Free trials require a bare minimum of five titles on the rental shelf before an item will be shipped. All free trials begin the day the account is activated.

Membership dues, including promotional pricing and limited time offers, are subject to change at a pre-specified time, or at Simply Audiobooks’ discretion.

Free trials will only be offered once to any individual or household.

Rental Subscription Cancellation and Refund Policy

To cancel your subscription, please call Member Services at 1-877-554-4332 from 9 a.m. to 5 p.m. EST, Monday to Friday.

Cancellations are immediate upon confirmation and there will be no further shipments.

Cancelled rental subscribers must return all outstanding titles within 7 days of cancellation to avoid replacement charges. A title is determined to be outstanding if it shows as 'shipped' on your Rental Shelf. We do allow grace periods on a per-situation basis, however, if titles are not returned within a specified time frame, you will be charged for its replacement.

Simply Audiobooks grants refunds at our sole discretion. We do not offer refunds on any subscription charges except as covered by our Prepaid Subscription policy. There are no refunds for partial months of service, even in the case of cancellation mid-billing cycle.

Download Monthly Subscriptions

Download Club members are issued 1, 2, or 3 download credits per month based on their subscription and agree to pay a recurring monthly fee by credit card, permitting us to charge membership dues and any applicable tax, until the account is cancelled by phone. Membership dues, including promotional pricing and limited time offers, are subject to change at a pre-specified time, or at Simply Audiobooks’ discretion. All subscriptions (including redeemed gift subscriptions) require a valid credit card on file for security reasons. You may change your subscription plan at any time.

Download credits expire 60 days after being issued and must be utilized within the allotted time. All subscriptions are self-maintained accounts and each member is responsible for utilizing their credits within the 60 day period. Expired download credits will not be reissued or refunded.

Download Formats and Licensing

Downloads are available as either Digital Rights Managed (DRM) Windows Media Files (.wma) or DRM-free mp3 files. Each format is individually labeled: DRM .wma files are marked WMA with the Windows logo, and mp3 files are marked MP3 with the Apple logo.

Our WMA DRM downloads are tested for use in Windows Media Player 11 on a PC computer. Only mp3 titles are downloadable to Mac computers. Individual titles can be downloaded to one computer only. You must have a static IP address for proper use of either download format.

The majority of files are licensed to be transferred to a compatible mp3 player or burned to CD for personal use a maximum of 3 times, depending on the publisher. No warranty is made for the use of the WMA DRM outside of playing in the current version of Windows Media Player. We strongly recommend you make a physical backup, i.e. audio CD, of your download audio books, as licenses cannot be reissued once claimed. SAB cannot issue new licenses for titles lost due to computer failure, reformatting or operating system upgrades.

No refunds will be issued for downloads where the license has been claimed. In the case of DRM-free downloads, no refund will be issued once the download process has been started. The download process starts once you click on the Download link from your My Books tab.

If you download an audio book and find its content faulty, please contact Member Services . If the file is determined to be flawed, we will replace the file with a correct copy or substitute a download credit for another book of your choice. If the file is determined to be correct and the problem has occurred on the user end, we will attempt to help resolve the problem. When using our licensed WMA files you are solely responsible for ensuring your computer and hardware components are compatible with licensed WMA content.

Download Prepaid Subscriptions

Prepaid Download Club members are issued 1, 2 or 3 download credits each month depending on their subscription and agree to pay a recurring annual subscription fee by credit card. You must cancel your subscription before it renews to avoid further charges.

In the case of a cancelled prepaid account, you will be refunded, less the current monthly charge for all months and part-months of service, except in the case of a pre-paid subscription with a free player giveaway.

By registering for a Simply Audiobooks prepaid subscription with a free player giveaway, you agree to be committed for 12 months of service. You will not be able to cancel your account or receive any partial refunds for any unused service during this term.

Download Gift Subscriptions/Gift Certificates

All gift subscriptions and gift certificates redeemed towards subscriptions require a valid credit card on file for security reasons. Your subscription will automatically be renewed at the same subscription level at the end of the gift term, charged to the credit card on file. You must cancel your subscription before it renews to avoid further charges.

In the case of a cancelled prepaid gift subscription or gift certificate redeemed towards a prepaid subscription, the full amount, less the standard monthly charge for all months and part-months of service, will be returned to the gift code associated with the gift, to be used towards future Simply Audiobooks products or services.

Gift subscriptions and certificates are non-refundable and, once redeemed, non-transferable.

Download Subscription Cancellation and Refund Policy

To cancel your subscription, please call Member Services at 1-877-554-4332 from 9 a.m. to 5 p.m. EST, Monday to Friday.

Cancellations are immediate upon confirmation. Existing credits will expire 60 days from their issue date or 30 days from the cancellation date, whichever comes first.

Simply Audiobooks grants refunds at our sole discretion. We do not offer refunds on any subscription charges except as covered by our Prepaid Subscription policy.

There are no refunds for expired download credits.

Terms of Use – Purchases

A La Carte Downloads

Physical Audio Books

Physical audio books are available in compact disc or cassette tape format, depending on the title. We ship purchased audio books in the United States via the US Postal Service using Media Mail (10-14 business days) or Priority Mail (2-5 business days). Audio books to Canada are shipped via Canada Post expedited parcel (2-8 days).

Shipping can be delayed up to 30 days if a title is out of stock. If an order hasn't been shipped after 30 days, it will be cancelled and the charge refunded.

Orders may be shipped in more than one package (depending on location availability and backorder status) at no additional cost to you.

If your purchase arrives damaged, we will replace it at no cost to you. Contact us immediately if you receive a damaged order to arrange for a replacement.

We offer a full refund, less a 30% restocking fee and shipping, on all unopened audio book purchases within 30 days of shipment. There are no exchanges on gifts of audio books. The purchaser is responsible for ensuring the shipping address is accurate. Simply Audiobooks is not responsible for orders shipped to an inaccurate address.

Terms of Use - General

Privacy and Security

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. We will not sell or distribute your email address to a third party.

Limitations on Liability

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. We make no representations or warranties of any kind on the Simply Audiobooks service, web site and site contents. In no event will we be liable to you for any special, incidental, indirect or consequential damages of any kind.

Simply Audiobooks is not responsible for any outside charges that may be incurred while using our service. This includes, but is not limited to, NSF charges for automatic withdrawals, foreign transaction fees, or any other charge that is not processed directly by Simply Audiobooks.

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