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.
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.
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.
In order to use the Service, you will require:
1. A 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.
3. To use the Silksoundbooks downloader, the latest version of Java should be installed on your computer.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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