Terms and Conditions

YOU AGREE TO BE BOUND BY THE iskape AudioBooks TERMS OF USE by using the iskape AudioBooks Web Site.

iskape Audiobooks is a world wide web site owned and operated by iskape Audiobooks, Inc. (dba “iskape Audiobooks”). By accessing any areas of iskape.com, users ("User") agree to be legally bound and to abide by the terms and conditions set forth herein (the "Terms of Use").

User hereby affirms and warrants that User is currently over the age of eighteen years (21 in some areas) and is capable of lawfully entering into this agreement.

By electronically submitting an order via the iskape.com web site, User is agreeing to be bound by all of iskape Audiobooks’ then-current terms and conditions related to the rental or purchase of iskape Audiobooks’ products. User's iskape.com order will not be confirmed or processed unless User consents to be bound by the Terms and Conditions. The Terms and Conditions shall be governed and interpreted by the laws of the United States without regard to conflicts of law principles.

Membership

Membership dues are non-refundable. Members may cancel at any time by notifying iskape Audiobooks via the "Account Info" Screen of the iskape.com website or by telephone. Contact Us

Some or all of the following fees and charges may be incurred by you as a member:

A. Subscription Fees
You are responsible for paying periodic subscription fees according to the then-current billing terms. Subscription fees are non-refundable.

B. Automatic Renewal
Subscription fees are automatically renewed, and therefore your credit card will automatically be charged at the end of the original term selected, for a like period of time, unless proper notice is received from the Client at least seven (7) days prior to renewal.

C. Taxes
Any applicable sales tax may be added to Client’s monthly membership fee.

Client’s membership fees includes ALL postage and handling charges.

Plans

Upgrades in plans will only result in billing the difference of the plans until the conclusion of the current payment cycle. The next full payment cycle will be billed at the new rate.

Downgrades in plans will affect the next billing cycle. No refunds for partial months of use will be credited.

Future billing cycles will be billed at the new rate.

Cancellations

Client may cancel anytime via web.

Cancellations take effect immediately. No refunds or credits will be given for partial months of use.

All rented audiobooks must be returned and received by iskape Audiobooks by the end of the subscription period. If not received the subscription plan will be reinstated within 7 days of no receipt of rental materials.

Special Offers And Invitations

Invitations and special offers are available only for first-time iskape customers, unless stated otherwise on the offer.

Each promotion is limited to one per household and cannot be combined with any other offer(s).

Offers are valid only within the 48 contiguous states, are not transferable.

Once redeemed, all promotional offers are final and are not eligible for refund or return.

Copyrights

All web site design, text, graphics, the selection and arrangement thereof, and all software Copyright ©-2005, iskape Audiobooks. ALL RIGHTS RESERVED. Any other use of materials on this web site - including reproduction for purposes of modification, distribution, or republication - without the prior written permission of iskape Audiobooks is strictly prohibited.

Trademarks

iskape Audiobooks, iskape.com, The iskape Audiobooks design logo, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of iskape Audiobooks. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Proprietary Rights

User acknowledges that iskape.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. Copyright laws and iskape Audiobooks owns a copyright in the selection, coordination, arrangement and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit, any of the Content, in whole or in part. If no specific restrictions are displayed, User may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under U.S. copyright laws (see e.g. 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

You agree that you will not use any automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the iskape.com site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real-time basis and is proprietary or is licensed to iskape Audiobooks by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our web site without the prior expressed written permission of iskape Audiobooks or the appropriate third party.

Third Party Content

iskape Audiobooks is a distributor and not a publisher of Content supplied by third parties and Users. iskape Audiobooks has no more editorial control over such Content than does a public library, book store, or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including third party content providers ("Providers"), merchants ("Merchants"), sponsors ("Sponsors"), licensors, ("Licensors"), or any other User of iskape.com are those of the respective authors or distributors and not of iskape Audiobooks or its affiliates, or any of their respective officers, directors, employees or agents. Neither iskape Audiobooks or its affiliates or any of their respective officers, directors, employees or agents nor any third-party, including any Provider, Merchant, Sponsor, Licensor or any other User of iskape Audiobooks guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through iskape Audiobooks represents the opinions and judgments of the respective Provider, Merchant, Sponsor, Licensor or User not under contract with iskape Audiobooks. iskape Audiobooks neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on iskape.com by anyone other than authorized iskape Audiobooks employees. Under no circumstances shall iskape Audiobooks or its affiliates, or any of their respective officers, directors, employees or agents be liable for any loss or damage caused by a User's reliance on information obtained through iskape.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through iskape Audiobooks.

iskape Audiobooks is not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, iskape Audiobooks may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from iskape.com.

iskape Audiobooks reserves the right to prohibit conduct, communication, or Content which it deems in its sole discretion to be harmful to individual Users, iskape Audiobooks, the communities which make up iskape Audiobooks, or any rights of iskape Audiobooks or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither iskape Audiobooks nor its Providers, Merchants, Sponsors, or Licensors, can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither iskape Audiobooks or its Affiliates, or any of their respective officers, directors, employees, or Agents nor, Provider, Merchant, Sponsor or Licensor shall assume liability for any action or inaction with respect to conduct, communication, or Content on iskape.com.

Termination of Usage

iskape Audiobooks may terminate User access, or suspend any User's access to all or part of iskape Audiobooks, without notice, for any conduct that iskape Audiobooks, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a Merchant, a Sponsor, a Licensor, a service provider or iskape Audiobooks.

Miscellaneous

Users may not use iskape Audiobooks to send unsolicited advertising, promotional material, or other forms of solicitation to other Users except in those specified areas that are designated for such a purpose. It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted.

Client agrees to be personally liable and fully indemnify iskape Audiobooks for any and all damages directly, indirectly and/or consequentially resulting from attempted or actual unauthorized downloading or other duplication of materials from iskape.com or it’s affiliates, alone or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from iskape.com, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).

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