ACX Conditions of Use

Last updated: 5/12/2011

Version 1.0

Production Schedule and Guidelines

Welcome to Audible Creation Exchange (“ACX”). Audible, Inc. and/or its affiliates ("Audible") provide ACX website features to you subject to the following conditions. If you visit or use ACX.com (the “Site” or “ACX”), you accept these conditions. Please read them carefully. In addition, when you use any current or future Audible service or business you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.

Privacy

Please review our  Privacy Notice, which also governs your visit to acx.com, to understand  our practices.

Electronic Communication

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ACX or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of ACX and protected by U.S. and international copyright laws. All software used on the Site is the property of ACX or its software suppliers and protected by United States and international copyright laws.

Trademarks

ACX, ACX.com, Audible and Audible.com, and other Site and Audible.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Audible in the U.S. and/or other countries. Audible's trademarks and trade dress may not be used in connection with any product or service that is not Audible's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Site or Audible. All other trademarks not owned by Audible that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Audible.

Patents

One or more patents  owned by Audible apply to this site and to the features and services accessible  via the site. Portions of this site operate under license of one or more  patents.  Click here to see a  non-exhaustive list of applicable Audible patents and applicable licensed  patents.

License and Site Access

Audible grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Audible. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any party other than Audible; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Audible. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ACX without express written consent of Audible. You may not use any meta tags or any other "hidden text" using ACX or Audible's name or trademarks without the express written consent of Audible. Any unauthorized use terminates the permission or license granted by Audible. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site as long as the link does not portray ACX or Audible or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ACX logo or other Audible proprietary graphic or trademark as part of the link without express written consent of Audible. 

Your Account and Eligibility to use ACX

If you create an ACX account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ACX is not available for use by children.  You must be 18 to use ACX.  Audible reserves the right to refuse service, terminate accounts, remove or edit content, or cancel activity on ACX at Audible’s sole discretion.
 

Review, Comments, Communications, and Other Content

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise in violation of any policies posted on ACX or injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content or ACX communication. ACX reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Audible a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Audible and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Audible and its affiliates for all claims resulting from content you supply. Audible may monitor and edit or remove any activity or content. Audible takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints

Audible respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure  for Making Claims of Copyright Infringement.

Other Parties

Parties other than Audible make rights and services available on ACX.  In addition, we may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these partiers or the content of their Web sites. Audible does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Disclaimer of Warranties and Limitations of Liability

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, INCLUDING SOFTWARE, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY AUDIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AUDIBLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, INCLUDING SOFTWARE, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AUDIBLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUDIBLE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS, INCLUDING SOFTWARE, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM ACX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUDIBLE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, INCLUDING SOFTWARE, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. 
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.  

Applicable Law

By visiting the Site, you agree that the laws of the state of New York will govern these Conditions of Use and any dispute of any sort that might arise between you and Audible.

Disputes

Any dispute relating in any way to your visit to the Site or to products or services sold or distributed by Audible or through the Site in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in New York, New York, and you consent to exclusive jurisdiction and venue in such courts. 

Site Policies, Modification, and Severability

Please review our other  policies, such as our offer and acceptance  policy, posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to our Site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our Address

Audible,  Inc.
1 Washington  Park, 16th Floor
Newark, NJ  07102
http://acx.com

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Audible that your copyrighted material has been infringed. 

• 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 upon;
• A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
• Your address, telephone number, and e-mail 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;
• 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.

Audible's Copyright Agent for notice of claims of copyright infringement on this site can  be reached as follows: 

Copyright Agent 
Audible, Inc. Legal Department
One Washington Park
Newark, NJ 07102  USA
phone: (973) 820-0429
e-mail: acx-rights@amazon.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 acx-support@amazon.com