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Please read these terms and conditions carefully before using the Silksoundbooks service
These
terms and conditions constitute a legal agreement between you and
Silksoundbooks Limited (“Silksoundbooks”). By clicking the “I Agree”
button and by using the Silksoundbooks download store (referred to
below as the “Service”), you agree that you have read and understood
our terms and conditions and you agree to be legally bound by them.
If you cannot agree to these terms and conditions or any amendments to them, please do not use the Service.
OUR SERVICE
The Service consists of a
library of unique, unabridged and exclusively performed audiobooks,
together with a store in which you can purchase permanent digital
downloads of these audiobooks. You are also able to listen to short
clips or samples of audiobook downloads that you may wish to purchase.
For further information about how to use the Service, please see our Help section.
INTELLECTUAL PROPERTY RIGHTS
The Content is subject to and protected by international copyright and intellectual property laws.
The
copyright in all the books from which sound recordings are made has
expired in the United Kingdom and so far as Silksoundbooks is aware it
has expired in other territories also. If you choose to access the
Service from outside the UK, you are solely responsible for ensuring
that you are not breaching any intellectual property laws and that the
copyright in all the books has also expired in your jurisdiction. If
you believe any book on our website has infringed the copyright in
another territory, please notify us immediately.
The copyright
in the sound recordings, downloads, artwork, software, images and audio
samples and the rights in any performance embodied in digital
downloads, subsequent copies and any related digital content (together
“Content”) provided on the Service is the valuable intellectual
property of Silksoundbooks.
REQUIREMENTS
Age restriction
You must be at least 18 years old to use the Service.
If
you are under 18, you must seek permission from your parent or
guardian. If a parent or guardian wishes to allow his/her child to use
the Service he/she must:
1. complete the registration process and create an account in his/her own name; and
2. provide their own credit/debit card details.
Any
parent or guardian who allows his/her child to use the Service will be
responsible for all purchases made on his/her account and any cost or
liability that is incurred.
Software/Hardware requirements
In order to use the Service, you will require:
1. High speed connection to the Internet - DSL, Cable, Broadband etc It is technically possible to download Silksoundbooks audiobooks via a
dial-up connection, but it will take a very long time and is not
recommended or supported by us.
2. A PC, Macintosh or Linux computer and software capable of downloading files from the internet.
You are solely responsible for any fees that you incur connecting to the internet.
You
may also need to run certain software to play our files which are in
mp3 format and packaged together in a "Zip" file (the “Software” ). You
are solely responsible for any Software that you use.
Registration requirements
You
will need to register and log in before you are able to buy downloads
using the Service. To register, you must provide a valid email address
and decide on a password.
You should not disclose your
password to anyone else and must keep it secret. You are also
responsible for ensuring that the registration information you provide
is true, accurate and updated regularly.
If you suspect that
someone has made or is making unauthorised use of your account and/or
your registration information, you must contact Silksoundbooks
immediately. Silksoundbooks will not be responsible for any losses that
arise out of the unauthorised use of your account.
By using
the Service, you agree to protect and compensate Silksoundbooks, its
partners, parents, subsidiaries, agents, affiliates and/or licensors as
applicable, in respect of any illegal or improper conduct committed
using your account, whether such conduct was committed by you or any
unauthorised third party.
USAGE
Please read the usage rules carefully.
It
is prohibited to sell, rent, transmit or otherwise commercially exploit
any Content you obtain using the Service. This includes (but is not
limited to) posting the Content on any file-sharing service or publicly
available website.
Use of the Content
Subject
to the restrictions above, if you have downloaded Content using the
Service, you may use the Content in whatever manner you see fit
provided that you are not exploiting the Content for financial gain.
You are entitled to:
1. copy or “burn” the audiobooks to a CD;
2. export copies to a compatible portable mp3 player
3. save the audiobooks to your hard drive or other storage device and play it back on demand.
If
you use the Content for any other purpose other than these permitted
terms you understand and acknowledge that we may bring proceedings
against you if we believe that you have gained financially from your
unauthorised use of the Content.
Silksoundbooks shall
not be liable for any loss, damage or destruction of any Content after
you have bought it. As with any CD that you would purchase in a shop,
it is your responsibility to care for any Content you buy using the
Service.
All rights not expressly granted to you in these terms and conditions are expressly reserved to Silksoundbooks.
AVAILABILITY
Whilst
Silksoundbooks makes its best efforts to provide you with the best
quality downloads on the Service, it is unable to guarantee that the
download that you are looking for will always be available.
Although
Silksoundbooks aims to provide a 24/7 service, there may be occasions
when the Service is unavailable for technical reasons or site
maintenance. Silksoundbooks will endeavour to limit maintenance to
off-peak times where possible. Silksoundbooks reserves the right at any
time and from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof). If Silksoundbooks has
to discontinue the Service, it will try to provide you with reasonable
prior notice. However, Silksoundbooks shall not be liable to you in
respect of any period when the Service is not available.
There
may be circumstances where Silksoundbooks is only able to offer certain
content under exceptional terms and conditions (for example, by
limiting the number of downloads or burns available). Where this is the
case, Silksoundbooks will endeavour to make you aware of this.
CANCELLING
Owing
to the intangible and immediate nature of the goods (including, but not
limited to, Content) that you are purchasing using the Service, you do
not have any right to cancel your order. Except where you can show that
a download is defective, all sales of Content are final and are not
refundable or cancellable once they are ordered or downloaded.
PRICING
Silksoundbooks reserves the right to change the price of any Content available on the Service in its absolute discretion.
Silksoundbooks shall not be obliged to sell to you any Content or other product to you which has been incorrectly labelled.
PAYMENT
Silksoundbooks accepts the
following credit and debit cards: Visa, Visa Debit, Visa Electron,
Mastercard, Solo and Maestro. The prices shown are in
UK pounds on the UK site and US dollars on the US site. If your card is
not denominated either in GB pounds or US dollars, the charge will
will be converted to your local currency by your card issuer. This
conversion is not the
responsibility of silksoundbooks Ltd. Please ensure that you have not
exceeded your daily spending limit. If your purchase is declined,
please re-enter your data and retry. Should you incur any further
difficulties, please contact your debit or credit card company, or try
another form of payment.
All advertised prices are inclusive of
applicable UK taxes. Although Silksoundbooks tries to ensure that all
details and prices that appear on the Service are correct, errors do
sometimes occur. If an error is discovered, Silksoundbooks will
endeavour to contact you to give you the correct details. After
notification of the correct price, you will then have the option of
continuing with the order on its correct terms, or cancelling the
order. If Silksoundbooks is unable to contact you, the order shall be
cancelled automatically.
You agree to pay for all Content you
purchase from Silksoundbooks using the Service. Silksoundbooks shall be
entitled to charge your credit or debit card for all Content ordered,
provided that Silksoundbooks shall only charge you after your card
details have been verified, credit authorisation has been received and
Silksoundbooks has ensured that the Content you have ordered is
available.
You are responsible for all charges incurred on your
account by whatever means. Silksoundbooks recommends that you keep your
account details and password secure and confidential.
PROPERTY
All trade marks,
trade names, logos or other marks of origin that appear on or in
connection with the Service are the property of Silksoundbooks and/or
its affiliates, licensors and/or licensees. By using the Service, you
agree not to copy, display or use any of these marks without
Silksoundbooks’s prior written permission, which Silksoundbooks can
withhold in its discretion. Please note that the Service, the Content
or any components or software used to provide the Service may be the
subject of intellectual property registrations, and may be otherwise
protected by law.
Silksoundbooks may at any time suspend or
terminate your account if it has reason to suspect that you have or are
planning to infringe Silksoundbooks’s or anyone else’s intellectual
property rights. In such event, Silksoundbooks shall bear no liability
or responsibility to you, including for any amounts which you may have
previously paid using the Service.
The Service may include links
to Internet sites operated by third parties. Any such Internet sites
are not owned or operated by Silksoundbooks and consequently,
Silksoundbooks is not responsible for their content or for any loss or
damage you may suffer from using such sites.
PRIVACY POLICY
Silksoundbooks makes every
effort to respect your privacy and the information that you provide in
order to use the Service. Silksoundbooks’s Privacy Policy forms part of
these terms and conditions, and a copy of it can be found at Privacy
Policy.
PROMOTIONS
Silksoundbooks
or its business partners may include advertisements or promotional
materials on the Service. If you participate in any promotion, you will
be subject to the terms and conditions attached to it. Your dealings
with, or participation in promotions by, any third party on the Service
are between you and the third party. You agree that Silksoundbooks
shall not be responsible or liable for any loss or damage of any kind
incurred by you as a result of any dealings with, or as the result of
the presence of, such third parties on the Service.
TERMINATION
Silksoundbooks may in its sole
discretion terminate its agreement with you pursuant to these terms and
conditions or suspend your account at any time without notice to you in
the event that you breach (or Silksoundbooks reasonably suspects that
you have breached) any part of these terms and conditions. If
Silksoundbooks terminates its agreement with you, or suspends your
account for any of the reasons set forth in this paragraph, it shall
have no liability or responsibility to you, and (except where required
by law) Silksoundbooks shall not be obligated to refund any monies that
you have previously paid using the Service.
DISCLAIMERS
You understand and agree that you use the Service at your own risk.
You
agree that you will not hold Silksoundbooks or its agents, directors,
employees, parents, subsidiaries, affiliates, licensors, business
partners and/or suppliers (the "Silksoundbooks Entities") responsible
for any damages that result from you accessing (including any software
or systems you use to access) the Service or using the Service,
including, but not limited to, damage to any computer, software or
systems or portable devices you use to access the Service or to
download any Content. No oral or written information or advice given by
any person shall create a warranty in any way whatsoever relating to
any of the Silksoundbooks Entities.
No Silksoundbooks Entity shall
be liable for any unauthorised use of the Service, Content and/or any
other product or for any consequential, incidental or special damages
arising out of your use of (or inability to use) the Service, Content
and/or any other product, even if the Silksoundbooks Entity has been
advised of the possibility of such damages.
Although
Silksoundbooks endeavours to ensure that the Service is free from bugs
or viruses, the Service is provided without any warranty by
Silksoundbooks. To the maximum extent permitted by law, the
Silksoundbooks Entities expressly disclaim all warranties, express or
implied, relating to the Service including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose and
any warranty of non-infringement. The Silksoundbooks Entities do not
warrant, guarantee, or make any representations regarding the Content
or other products provided using the Service, with respect to
performance, accuracy, artistic merit, reliability, security,
capability or otherwise.
To the extent that any disclaimer or
limitation on damages or liability contained in these terms and
conditions are prohibited or limited by applicable law, then the
Silksoundbooks Entities shall be entitled to the maximum disclaimers
and/or limitations on damages and liability available at law or in
equity and in no event shall such damages or liability incurred by the
Silksoundbooks Entities exceed £50.
LEGAL NOTICES
These terms
and conditions and other terms or documents expressly referred to in
them represent your entire agreement with Silksoundbooks regarding your
use of the Service. If any part of these terms and conditions is held
to be invalid or unenforceable, that portion shall be construed in a
manner consistent with applicable law to reflect, as nearly as
possible, the original intentions of the parties. All remaining parts
of these terms and conditions shall remain in full force and effect.
The
laws of England and Wales govern these terms and conditions and your
use of the Service, Content, Software and any other product relating to
the Service. By using the Service, you submit to the exclusive
jurisdiction of the English Courts and waive all objections to any
proceedings being brought against you in England.
Without
prejudice to the above paragraph, Silksoundbooks expressly reserves its
right to commence proceedings in the courts of any other territory.
No
person who is not a party to this agreement may enforce any term of it
and the provisions of the Contracts (Rights of Third Parties) Act 1999
shall not apply.
LEGAL REMEDIES
Nothing contained in these
terms and conditions shall be interpreted to limit the remedies
available pursuant to statutory or other legal authority that
Silksoundbooks, its affiliates and/or licensors may have.
You
acknowledge that unauthorised use of the Service or any related
Software or materials (including the Content) could result in
irreparable damage and injury to Silksoundbooks and/or its affiliates
for which money damages would be inadequate. Consequently, in the event
of unauthorised use, Silksoundbooks, its affiliates, shall have the
right, in addition to any other legal remedies available to them, to
seek an immediate injunction against you.
AMENDMENTS
Silksoundbooks may amend these
terms and conditions at any time in its discretion. If the terms and
conditions are amended, Silksoundbooks shall display the revised terms
and conditions on this website. You will be deemed to have accepted any
amendments if you continue using the Service after the amendments are
displayed.
Silksoundbooks Limited
Registered Office:
First Floor
47-57 Marylebone Lane
London
United Kingdom
W1U 2NT