Audibook End User License Agreement ("EULA")

 

The following Audibook End User License Agreement ("EULA") constitute an agreement between you and Audibook ("Audibook" or "us"). This EULA governs your use of Audibook Content. PLEASE READ THIS EULA CAREFULLY BEFORE REGISTERING ON OUR SITE, DOWNLOADING, OR ACCESSING AUDIBOOK CONTENT. BY DOWNLOADING. PURCHASING OR ACCESSING AUDIBOOK CONTENT YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE.

 

For purposes of this EULA "Audibook Content" means Audibook and documents from participating publishers made avialiable on our Site. Our Website and/or our Mobile Application are together reffered to as "Site".

 

Your use/access of Audibook is subject to the terms and conditions set forth in this EULA. By downloading Audibook app, purchasing or accessing Audibook Content you agree to be bound by the terms of this EULA. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, DO NOT REGISTER ON OUR SITE, DOWNLOAD, PURCHASE OR ACCESS AUDIBOOK CONTENT.

 

Audibook is owned and operated by Audibook d.o.o. ("Audibook", "we" or "us"). Audibook d.o.o. is a limited liability company, registered in Slovenia (company registraion number: 7197586000) with its registered office address at:  Savinškova ulica 10, 1000 Ljubljana. You referres to the user of Audibook Content and/or the individual/legal entitiy accessing our Site.

 

We reserve the right to change this EULA at any time without any notice to you. Your continued access/use of our Audibook Content constitutes your acceptance of the latest EULA.

 

 

  1. 1. Platforms 

 

This EULA governs different platforms and includes general provisions applicable for all users and EULA of specific platform, that you use. This EULA incorporates by reference the following terms:

 

(i) For iOS Platform/iOS users: Licensed Application End User License Agreement

 (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/ and App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS).

 

(ii) For Android/Google Play platform/Android users: Android Market "Terms of Service" (located online at https://play.google.com/store ) and the Android Market Business and Program Policies (located online at http://www.google.com/mobile/android/market-policies.html);

 

You acknowledge that the EULA is entered into by and between Audibook and not with Apple Inc., Google and Amazon.com, Inc. You however acknowledge that stated platform providers are third-party beneficiaries of this EULA and that they have the right (and is deemed to have accepted the right) to enforce this EULA. Audibook’s responsibility is limited to Audibook Content and to any content contained therein. You acknowledge that Apple, Google and Amazon.com, Inc. have no obligation whatsoever to furnish any maintenance and support services with respect to Audibook Content and/or services.

If You download the Application from any other online market for software applications that operate on devices powered by the operating system not expressly stated herein, or when Application can be played online, you acknowledge that You have reviewed and accepted the terms of service applicable to such market or platform or operating system. If You do not agree to the Terms, or do not wish to be bound by them, do not install or use the Application. If any terms of this EULA conflict with the other Terms, the terms of this EULA shall prevail.

 

 

  1. 2. Registration  

If you would like to access, use and/or download Audibook Content through our Application you must register and become a member ("Member"). To become a Member you will be asked to "accept" this EULA and, on doing so, you will be deemed to have consented to and will be bound by the terms of this EULA.

When you register on our Site as a Member, you will be asked to select a user name and password you can then use to access your account and log on to the Site. We reserve the right to reject user names that are offensive, defamatory or otherwise unsuitable. You may update certain details via your Member account.

You accept it is your sole responsibility to maintain the confidentiality of your username and password and you are responsible for all activity that occurs under your Member account. We are unable to check the identity of people acting as Members or using Members’ areas and shall not be liable where someone else uses your password to log into your Member account.

You should make sure you are the only person using your Member account and you agree to notify us of any unauthorized use of your Member account and any other breach of security as soon as you become aware of it.

You agree and confirm that if registering as a Member, you are 18 years old or over and all information provided by you to us is accurate, true and up to date in all respects and at all times. Under no circumstances may a minor under the age of 13 register as a Member, or submit personal information or other content to the Site.

Where there are any other restrictions or eligibility requirements, these will be set out on the Site. We reserve the right to ask for written proof of age or eligibility from you. If we discover or suspect that you do not comply with the age requirements, we reserve the right to suspend or terminate your membership immediately.

We reserve the right to modify, suspend or discontinue the Site or any part of it (including the availability of any features of the Site) at any time and without notice or liability to you. We are entitled to suspend or terminate your membership or access to any part of the Site at any time if you breach the terms of this EULA or for technical reasons. We reserve the right to remove any

3. Access to Audibook content

 

Options for Paid Access. Audibook provides you with access to Audibook Content in one of two ways: (i) either by Direct Purchase or by (ii) Membership.

Direct Purchases. In the case of Direct Purchases, Audibook, and the participating publisher or user, grant You a limited, nonexclusive, nontransferable, revocable and personal license to access and use a digital copy of the selected Audibook Content for Your personal reference and informational purposes.  Additional terms and conditions (i.e., additional usage limitations) may apply to Your access to Audibook Content in which case those terms will be communicated to you in connection with your access to such content. For example, the rights granted to You do not include the right to download a copy of the selected Audibook Content unless the such terms are provided with the Audibook Content you have selected for Direct Purchase.

 

Memberships. In the case of Membership, Audibook, and the participating publishers or users, grant You a limited, nonexclusive, nontransferable, revocable and personal license to access and use all Audibook Content available under Your Membership for Your personal reference and informational purposes.

 

Audibook Content is available for the use and downloading after Direct Purchase or Membership. We recommend that you download the Audibook Content immediately. Audibook Content is available to you during the period of Direct Purchase or Membership and you can delete it and download it to your device freely.  Audibook may at any time and based on its own discretion change the offers of its Direct Purchase and/or Membership. By making a Direct Purchase and/or Membership you agree to all of the terms and limitation of our offers as specified on our Site.

 

Specific content, services and functions may be limited in certain territories. We may use technology for to determine the location of user with the purpose of limitation of access to our certain content, function and services.

 

 

4. Restrictions for use of Audibook content

 

Restrictions.  Regardless of which access option You have selected (Direct Purchase or Membership) Your access to and use Audibook Content is subject to the following restrictions:

1. Audibook Content is provided for Your personal non-commercial use only; 

2. No commercial or promotional use rights are granted in any Audibook Content; 

3. You may not sell, distribute, or display any Audibook Content other than for personal use; 

4. You may not share, lend, copy, reproduce, republish, post, store, transmit, broadcast, commercially exploit or modify in any way any Audibook Content or permit or assist any third party to do the same;

5. You may not disable or circumvent Audibook Content; 

6. You may not exceed usage limitations set by content providers (participating publisher or user, if applicable);

7. You may not make copies of all or any portion of any Audibook Content;

8. You are prohibited from making any public display or public performance of Audibook Content or sharing accounts that allow access to Audibook Content; and

9. The ability to print/copy/paste and/or download may be restricted by the participating publisher or User who submitted the Audibook Content.

In addition to the foregoing, if you have obtained access to Audibook Content by purchasing a Membership, except for any limited time promotions, your access to the Membership is conditioned upon timely payment and maintenance of Your Membership account; and you will not have access to Audibook Content if your Membership is cancelled, allowed to lapse, or terminated for non-payment.

5. Payment and Billing

You can download our Application and access our Site for free. Services on our Website and within our Application are subject to fees, including access to Audibook Content. All fees for the access and use our Audibook Content are specified on our Website. All the fees are specified in euro currency and they already include Value Added Tax, unless it is expressly written otherwise. Fees are subject to change and are based on Audibook sole discretion. Payment of Membership and Direct Purchase Fee is not refundable, except in occasions, expressly described in the terms of this EULA.

Accepted payment methods for Audibook Content are credit cards, debit cards, PayPal and other payment methods specified on our Site. The only valid payment method for recurring Membership packages are credit cards and we do not accept debit cards as a payment for recurring Membership option.

When you purchase a Membership or a Direct Purchase (such purchase, a "Transaction"), we may ask you to supply additional information relevant to your Transaction, including, without limitation, your credit card number, the expiration date of your credit card and your billing address (such information, "Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected; you may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).

If you elect to purchase an annual or monthly Membership, you will be charged the annual or monthly Membership fee ("Membership Fee") at the beginning of the paying portion of Your Membership and each year or month thereafter, respectively, at the then-current rate. If You elect to purchase an annual Membership, we will automatically charge You on the anniversary of the commencement of the paying portion of Your Membership using the Payment Information You have provided. If You elect to purchase a monthly Membership, we will automatically charge You each month, on the calendar day corresponding to the commencement of the paying portion of Your Membership, using the Payment Information You have provided. In the event Your Membership began on a day not contained in a given month, we may charge Your payment method on a day in the applicable month or such other day as we deem appropriate. For example, if You started Your Membership on January 31st, Your next payment date is likely to be February 28th, and Your payment method would be billed on that date

By entering into the Agreement and electing to purchase an annual or monthly Membership, You acknowledge that Your Membership has recurring payment features and You accept responsibility for all recurring payment obligations prior to cancellation of Your Membership by You or Audibook.  We may also periodically authorize Your payment method in anticipation of applicable fees or related charges. Your Membership continues until cancelled by You or we terminate Your access to or use of Audibook Content or the Membership in accordance with this Agreement (and the Terms of Use which forms part of this Agreement) and you expressly agree and acknowledge that Your Membership and applicable payment obligations shall continue until the Membership shall be terminated by You or Audibook. The Membership shall be terminated if the payment shall not be possible with any payment obligations you have specified to us.

As a part of Membership packages or promotional offers, Audibook may issue Credit point to You, which may be used for services on our Site. Credit points are nonrefundable and non transferable. They may be used for a limited duration of time. Credit point issued as a part of promotional offers expires in accordance with the terms of such promotion. Without limiting any other terms of this EULA, all Credit points are forfeited if Your account is terminated or suspended for any reason, or if we discontinue providing Audibook Content.

 

6. Cancellation of Membership

 

You may cancel Your Membership at any time. THERE ARE NO REFUNDS OF ANY FEES OR CHARGES FOR MEMBERSHIPS. IF YOU CANCEL YOUR MEMBERSHIP, YOU WON’T RECEIVE A REFUND OF ANY PORTION OF THE MEMBERSHIP FEE PAID FOR THE THEN CURRENT MEMBERSHIP PERIOD AT THE TIME OF CANCELLATION.  To cancel a Membership, you can email info@audibook.si  to initiate cancellation of a Membership. You will be responsible for all Membership Fees (plus any applicable taxes and other charges) incurred before the effective date of your cancellation. If you cancel, your cancellation will be effective immediately, but Audibook will allow You to access the Audibook Content until the most recently paid-up Membership period ends, and then will terminate Your access to Audibook Content. Cancelling Your Membership won’t cancel Your Account. For example, if You made a Direct Purchase of certain Audibook Content, You will continue to be able to access such Audibook Content after cancelling Your Membership, unless Your account is terminated.  See Section "Term and Termination," for information on terminating Your account.


You agree that Audibook may terminate your Membership and/or account for non-payment of Membership Fees. In the event of any cancellation or termination of your Membership or account, we may remove and discard all or any part of Your account, User profile, and any content related to Your account, at any time.

 

7. Free Trials

Audibook may offer a free trial Membership ("Free Trial") for a specified period of time ("Free Trial Term"). If we offer you a Free Trial, the specific terms of Your Free Trial may be provided at signup and/or in the promotional materials describing the Free Trial and the use of Free Trial shall be subject to specific terms. If no specific terms will be provided, Free Trial shall be subject to this EULA. Unless You cancel your Membership prior to the end of your Free Trial, we (or our third party payment processor) will begin charging your payment method on a recurring basis for the Membership Fee (plus any applicable taxes and other charges) until you cancel Your Membership and we are entitled to ask for your payment details. In the event that the provided payment card or other provided payment service is not valid, we have the right to terminate all the benefit (payment wise or otherwise), which you have received during Free Trial Term. You will not receive a notice from us that your Free Trial has ended or that the paid portion of your Membership has begun. We reserve the right to modify or terminate Free Trials at any time, without notice and in our sole discretion.

8. Accessibility and availability of the Site

We will endeavor to provide the Site using all reasonable care and will use reasonable efforts to make the Site available to you at all times. However, you acknowledge that the Site is provided over the internet and so the quality and availability of the Site may be affected by factors that are outside our reasonable control such as technical faults in your network and/or telecommunication providers’ network/service. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, providers, computer equipment or software, or failure of any email to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website (or any combination of these things). You may access your account on one device at the time. You can download the Audio Content to various devices, whereas You need to log out on one device to be able to log in to your account on the other device.

9. Our rights in the event of breach

We reserve the right to modify, suspend or discontinue the Site or any part of it (including the availability of any features of the Site) at any time and without notice or liability to you, if we believe this is needed for any reason whatsoever. We are entitled to suspend or terminate your membership or access to any part of the Site at any time if you breach these Terms or for technical reasons. We have the right to delete, remove or change your comment made on the Site.


10. Feedback

In connection with your use of our Services you may provide us with your Feedback (suggestions, ideas, reviews, comments, material and questions or other information and/or material regarding the Services and our website). We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials You provide to us, regarding our Services, whether by email, posting through our Services or otherwise. You waive any rights you may have to the Feedback (including any copyrights to the extend permitted by law) and we will be entitled to such Feedback for any purpose (including commercial use), without acknowledgment or compensation to you. You hereby acknowledge and agree that we have the right to use your Feedback and publish it in commercial, marketing communications and any other manner. And Feedback you provide to us is non-confidential, non-proprietary and is not subject to a third party license and we have no liability for any loss or damage suffered by you as a result of the disclosure or use of such Feedback. We have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in this section and we are not liable for the content of your Feedback. We disclaim all liability regarding and user feedback posted on the Site and we are not obligated to act in any manner towards the user who made such feedback.

 

 

11. Intellectual Property Rights

 

You may use Audibook’s Content, Site and all services only for personal use as determined within the terms of this EULA. Audibook Content, Site and services may not be copied, distributed or reproduced in whole or in part, without prior written consent of Audibook. Audibook retains all right, title and interest in and to the Audibook’s Content, Site and services including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof.

 

The names, images and logos identifying Audibook, all our associated companies or third parties and any products and services are proprietary marks of these parties. Nothing in this EULA  or other specific terms appearing on the Site shall be construed as conferring to you any license or right under any intellectual property right of all the above parties unless expressly stated otherwise.All copyright, trade marks and other intellectual property rights in the Site (including the design, arrangement and look and feel) and all material, software or content supplied as part of the Site, shall remain at all times our property or the property of our licensors and is protected by copyright law. All rights not expressly granted to you herein are reserved by Audibook.

 

12. Privacy Policy

Audibook is committed to protect your privacy and s your personal information. We shall protect your personal information in accordance with Personal Data Protection Act (ZVOP-1) of the Republic of Slovenia and we shall not share your personal data with any third parties without your prior consent. We will only use your personal data as described herein. We have implemented technical and organizational procedures for protection of personal data. However, you acknowledge that the Site is provided over the internet and so the quality and availability of the Site may be affected by factors that are outside our reasonable control such as technical faults in your network and/or telecommunication providers’ network/service, therefore we may not exclude the possibility of data breach. For the purpose of ZVOP-1 Audibook d.o.o. is the data controller of the Site.

We collect and process the following information about you:
• Personal information you provide us, when you register on our Site, post Feedback, contact us, or if you report a problem with the Site. Such information may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph or any other information from which you may be personally identified ("Personal Information").

• Non-Personal Information we automatically collect when you visit the Site, such as technical information detailing your visits to he Site including but not limited to traffic data, location data and other communication data.
• Information we receive from other sources, for example if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this Site. We also work closely with third parties  and may receive information about you from them, which we may combine with information you give to us and information we collect about you.

We use the information collected and held about you primarily to provide you with the services you have requested when you register to use the Site and for administration purposes. We disclaim all liability regarding the accuracy of information’s provided from the users. We share some of your personal information with our publishing partners, such us your email address and information about book rental. With accepting these Terms and by registration on our Website you acknowledge and agree that we share these personal information with our publishing partners. The information shared with our publishing partners will be used for marketing purposes only.

We may share your personal information only upon your prior written consent and if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of us, our customers, or others.

By registering on our Site you hereby agree to the collection and use of your data as described herein. To request access and/or deletion to your personal information, or if you are concerned that any of the information we hold on you is incorrect, please email us at info@audibook.si.

13. Cookie Policy

 

Our Site uses cookies to distinguish you from other users of our Site. Cookies are text files containing small amounts of information which are downloaded to your device when you visit our website. Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving the user experience. They include safe identification code, which we use to connect your personal data with you, whenever you return to our Site. Cookies helps us to provide you with a better user experience when you browse as they enable your easier registration and the use of our Site and also allows us to improve our Site. If your browser is set in the way that it does not accept cookies, you will not be able to use some of the functions or services on our Site. Our advertisers may also use other cookies, over which we have no control over and take no liability towards them.

 

For more information on the type of cookies our Site uses and how to disable cookies, please refer to your web browser documentation. By continuing to browse the Site, you are agreeing to our use of cookies.

 

 

14. Third Party Services and Material

 

 

Our Services may include links to third party websites ("Third Party Sites"). If you use any links made available through our Site to reach other websites not maintained by  you will leave our Site. The linked sites are not under the control of Audibook and Audibook is not responsible for the content of any linked site or any link contained in a linked site. The linked sites are governed by the terms and conditions of that site.  

 

Audibook shall not be responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, statements, representations, advertising, products, services or other materials available on or through Third Party Sites. Audibook provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by Audibook of the linked website, nor does it imply that the linked website recommends, approves of, or endorses Audibook.

 

 

15. Disclaimer of Warranties

 

AUDIBOOK CONTENT IS PROVIDED ON "AS IS" BASIS, WITHOUR WARRANTIES OF ANY KIND, EXCEPT AS EXPRESSLY STATED HEREIN.  AUDIBOOK DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AUDIBOOK CONTENT, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

 

AUDIBOOK DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE AUDIBOOK CONTENT; THAT THE AUDIBOOK CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW ABOVE EXCLUSIONS OF WARRANTIES, THERFORE ABOVE EXCLUSTIONS APPLY TO THE FULLEST EXTEND PERMITTED BY LAW IN SUCH JURISDICTIONS.

We make no guarantees that the Site will be available, uninterrupted or error free, or that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs. Except as required by law, we will not be responsible for any loss or damage caused by: (a) interruption or delay to the Site or errors, viruses or bugs contained in the Site caused by events outside our reasonable control; (b) your negligence, your breach of this EULA or failure to follow our reasonable instructions; (c) any incompatibility of the Site with any other software or material on your equipment; (d) any unauthorized use of the Site; or (e) any other factor that is outside our reasonable control.

Content, information and other material on the Site may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of these or the reliability of any information displayed or distributed through the Site (including provided through any software). You acknowledge that reliance on any such information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any part of the Site and to make changes to the Site and to the materials, products, programs, services, content or prices described in the Site at any time without notice.

Audibook warrants for the availability of the Audibook content in its offer through the duration of Individual Purchase or Membership, with the exceptions due to electronic communication failures, internet failures or similar, which acts independently from Audibook. In the event that certain content would be permanently removed from our offer during the Individual Purchase and or Membership, you are entitled to partial refund of your purchase.

 

 

16. Limitations of Liability

 

IN NO EVENT WILL AUDIBOOK, ITS AFFELIATES, PUBLISHERS, LICENSOR OR PARTNER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIL DAMAGES, LOSS OF DATA, USE, PROFIT, GOODWILL, REPUTATION, PROPERTY, LOSS OF DATA, PERSONAL INJURY OR EXPENSE OF ANY NATURE, COMPUTER MALFUNCTION ASIRING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE. AUDIBOOK’S LICENSORS AND PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.

 

IN NO EVENT SHALL AUDIBOOK, ITS AFFILIATES, LICENSOR OR PARTNERS BE LIABLE FOR ALL DAMAGES EXCEED THE ACTUAL PRICE PAID BY YOU USE OF AUDIBOOK OR FIVE (5) EUROS, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATION OF LIABILIT, THERFORE THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTEND PERMITTED BY LAW IN SUCH JURISDICTIONS.

 

 

17. Indemnification

 

You agree to defend, indemnify, and hold harmless Audibook  and its employees, contractors, officers, directors and successors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees and costs) that arise from your use or misuse of the Audibook Content, violation of the terms of this EULA or violation of any rights (including, but not limited to intellectual property rights, right of privacy, right of publicity, etc.) of a third party. Audibook reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate at your own expense in asserting any available defenses. The indemnification in this section extends to any allegations of copyright infringement or other law based on your importation, exportation, manipulation, modification, distribution, sale or other use of text, still images, or audio or video recordings.

 

 

18.  Governing Law and jurisdiction

 

By registering to the Site you acknowledge and agree that you have ready the terms of this EULA and that you agree to it. This EULA is governed by and construed in accordance with the laws of Slovenia without reference to its choice of law rules. Any dispute, controversy or claim arising out of or relating to this EULA or the breach, termination or validity thereof shall be conducted in Ljubljana, Slovenia. Any complaints may be submitted through the email: info@audibook.si. The procedure regarding any complients is confidential.

 

19. Newsletter.

By registering on our Site, you agree and consent to receipt of our free newsletter and marketing material to the email address you will provide to us upon registration. Newsletter shall specify our special offers, our new products or services and general news of development on the Site. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly.

 

 

20.  General Provisions

 

Entire Agreement. This EULA represents entire agreement between Audibook and you and supersedes all prior agreements and representations between them. In the event of any conflict between these Terms and any other agreement you may have with Audibook, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.

 

Modifications. Audibook reserves the right, at its discretion, to change, modify, add or remove portions of this EULA or poste updated EULA. You will be deemed to have accepted such changes by continuing to use the Audibook Content and/or accessing our Site. If you do not wish to be bound by the terms of modified EULA, stop using/accessing the Site immediately.

 

Severability.  If any provision of this EULA is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.

 

Term and Termination. The term of your licenses under this EULA shall commence on the date that you accept this EULA. We may terminate this EULA (including Your account), or suspend or terminate the Audiobook service, with or without cause, at any time and without notice to You. Upon any cancellation or termination of this EULA and/or Your account, the rights and licenses granted to You under this EULA will automatically terminate. This means that, among other things, You will no longer have access to any Audiobook Contnet to which you have purchased access via Audibook service. If you will notfiy us on our email at info@audibook.si  that you wish to remove your personal date from the Site and delete your Account, this EULA /Agreements shall be automatically terminated. You can also terminate our agreement in the Application or on the Website. In such event you are not entitled to any refounds for the Direct Purchase and/or Membership already paid.

 

 

No Waiver

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

Force Majeure

We shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

 

Assignment

We may transfer, assign or delegate this EULA and its rights and obligations without consent. You may not assign or transfer any of your rights or obligations under this EULA without prior written consent from Audibook.

 

 

21. Contact

 

IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT US AT info@audibook.si

 

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN AND BY USING OUR SITE YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA AND GRANT AUDIBOOK THE RIGHTS SET FORTH HEREIN.

 

 

©Audibook (November, 2017)