Terms of Use

Last Revised Monday, August 31, 2015.

Acceptance of the Terms of Use

AudiobooksNow is a service that allows users to discover, purchase, receive and play digital spoken word audio books through AudiobooksNow's website, audiobooksnow.com, and its applications for mobile devices. The following specifies the terms of use under which you may use any AudiobooksNow website, services, or products. By using, visiting or browsing the AudiobooksNow website or using AudiobooksNow services or products, you accept and agree to be bound by these Terms of Use. Please read them carefully. AudiobooksNow may revise these terms at any time by updating the Terms of Use on our site. Continued use of the site after such modifications constitutes your acceptance of the revisions to the agreement. You should visit this page periodically to review the Terms.

Privacy

Please review our Privacy Policy, which also governs your use of AudiobooksNow, to understand our practices.

AudiobooksNow Requirements

You must be at least 18 years old, or have parental permission to use the site and its services.

You agree that you are the credit cardholder or PayPal account holder for your account, or have express permission of the cardholder or PayPal account holder to use their payment method.

You agree to provide accurate and up-to-date essential personal information, and agree to maintain said information on your "Account" page.

Please note, the AudiobooksNow service is only available in the USA at this time.

Copyright Laws and Intellectual Property Rights

Content from AudiobooksNow may be used and played for your personal, non-commercial use only. You agree not to modify, reproduce, retransmit, transfer, distribute, sell, broadcast, make available to third parties or circulate the content to anyone or to exploit any such content for commercial or non-commercial purposes without the express prior written consent of AudiobooksNow. Any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools is prohibited.

Club Pricing Plan

Monthly customers may deactivate their Club Pricing Plan online at anytime in their Account. Deactivation takes effect on your next monthly billing day. No refunds will be given for club fees already paid.

The 50% Off any 12 audiobooks Club Pricing Plans cannot be deactivated or cancelled and no refunds will be given for club fees already paid. The 50% Off any 12 audiobooks Club Pricing Plan last for 12 consecutive months and no credit or extension will be given if not used.

With our 50% Off any 12 audiobooks Club Pricing Plan, the first 12 audiobooks you purchase will be 50% Off, then you will receive the normal Club Price (35-40% off). You can purchase all 12 audiobooks whenever you'd like and renew the plan as often as you'd like.

The 50% Off 12 audiobooks plan can be renewed when you run out of your 50% discounts. For example, you could purchase all 12 audiobooks within the first month. You will still remain a Club Plan member for 1 year and can continue to purchase your audiobooks at the normal Club Price, or you can renew your 50% Off 12 Club Plan for $36 and start the process over. Your 50% discounts and Club Plan benefits will expire after 1 year. If you renew the plan, your expiration date will be reset.

Audiobooks that are on "Sale" do not qualify for Club Pricing.

With our monthly Club Plan you'll get the first audiobook you purchase each month at 50% Off, then you will receive the normal Club Price (35-40% off). And, if you do not use your 50% discount, it automatically rolls over to the next month. Your 50% rollover discounts will expire 1 year for the date you activated your monthly Club Pricing Plan. A reminder email will be sent 30 days in advance of any 50% rollover discounts that have not been used. You can deactivate your monthly Club Plan at any time.

As a Club Pricing Plan monthly member, you agree that we are permitted to charge your credit card on a monthly basis for your membership fee. The membership fee will be billed in full on the first day of your paid membership and on each monthly anniversary thereafter, unless and until you deactivate your membership. If you join on the 29th, 30th, or 31st of a given month, your monthly anniversary date will be the 28th. We reserve the right to change our fees at any time.

Monthly members who receive notice of an unsuccessful charge for their monthly membership fee will be placed in suspend mode until a successful charge is made, or the member deactivates their Club Pricing Plan.

Any free audiobook chosen with the activation of the 30 day free trial to Club Pricing is yours to keep.

Promotional Free Trials and Limited Time Offers

In the case of a promotional free trial (via an affiliate, or promo code) your subscription will automatically renew and your credit card or PayPal account will be charged on the day after your trial expires. You must cancel before the end of your free trial if you do not wish to be billed. The day your account is activated is considered the first day of your free trial.

Club Pricing fees, including promotional pricing and limited time offers, are subject to change at a pre-specified time, or at AudiobooksNow's discretion.

Free trials will only be valid once to any individual or household.

Gift Subscriptions and Promotional Codes

AudiobooksNow Club Pricing Gift

Terms of Use

Club Pricing Plans purchased as gifts "Club Pricing Gift" will be presented to the recipient in the form of a gift code redeemable for the Club Pricing. Gift codes for Club Pricing Gifts must be redeemed at AudiobooksNow and may be used only for AudiobooksNow Club Pricing Plan. Prior to being redeemed by a recipient, gift codes for Club Pricing Gifts do not expire and are not subject to any dormancy fee or other fees for non-use. Club Pricing Gift recipients must have or open an AudiobooksNow account to redeem the gift code for a Club Pricing Plan. To view Club Pricing Gift balances and status, gift members should visit their "Account" section of the AudiobooksNow site. AudiobooksNow may, in its discretion, advise the purchaser when the Club Pricing Gift has been redeemed by the recipient.

Limitations

  • Gift codes for Club Pricing Gift cannot be used to purchase other Club Pricing Gift or audiobooks.
  • Gift codes for Club Pricing Gifts cannot be resold, transferred for value, redeemed for cash or applied to any other AudiobooksNow account, except where required by law. Club Pricing Gifts may not be transferred.

AudiobooksNow Promotional Codes

Terms of Use

Promotional codes "Promo Codes" are for promotional use only and are void where prohibited by law. Promo Codes must be redeemed at AudiobooksNow and are only redeemable for the promotion outlined in the promotional offer (which may include discounts on AudiobooksNow trial offers, plans or audio book purchases). Promo Codes expire as indicated on the terms transmitted with the Promo Code. Promo Codes may be subject to additional terms and conditions presented with the Promo Code. Promo Codes recipients must have or open an AudiobooksNow account to redeem Promo Codes.

Limitations

  • Promo Codes cannot be resold, transferred for value, redeemed for cash except where required by law.
  • Resale of a Promo Code or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited.

General Terms

Risk of Loss

The risk of loss and title for Gift or Promo Codes for Club Pricing Gifts and audio book purchases pass to the purchaser upon AudiobooksNow's electronic transmission to the purchaser or recipient, whichever is applicable. AudiobooksNow is not responsible if a Gift or Promo Code for an AudiobooksNow Club Pricing Gift or audio book purchase is lost, stolen, destroyed or used without your permission.

Fraud

AudiobooksNow will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift or Promo Code is redeemed and/or exchanged for products and services on the site.

Limitation on Liability

AudiobooksNow disclaims all warranties, express or implied, with respect to Club Pricing Gifts and Promotional Codes, including, without limitation, any express or implied warranty of merchant ability or fitness for a particular purpose. In the event a Club Pricing Gift or Promotional Code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such Club Pricing Gift or Promotional Code. 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.

We reserve the right to terminate or restrict your use of our service, without notice or further liability, as set forth in these Terms of Use or if we determine, in our sole discretion, that you have breached or will likely breach any of these Terms of Use, including failure to pay your invoice on time, not following Customer Service instructions, or otherwise in our sole discretion. If we do terminate the provision of Services, we also reserve the right to refuse you as a customer, in our sole discretion, if you attempt to join to our services subsequently.

We make no representations or warranties of any kind on the AudiobooksNow service, website and site content. In no event will we be liable to you for any special, incidental, indirect or consequential damages of any kind.

AudiobooksNow is not responsible for any outside charges that may be incurred while using our service. This includes, but is not limited to, NSF charges for automatic withdrawals, foreign transaction fees, or any other charge that is not processed directly by AudiobooksNow.

Deactivation of AudiobooksNow Club Pricing Plan

To deactivate your plan, please visit the "Account" section of the website while you're logged in.

Deactivations are immediate upon confirmation and will take effect on your next monthly billing day.

AudiobooksNow issues refunds at our sole discretion. We do not offer refunds on any plan charges.

Annual Club Pricing Plans cannot be deactivated or cancelled and are not refundable. Annual plans are for 12 consecutive months of Club Pricing and no credit or extension will be given if not used.

If you stream an audio book and find its content faulty, please contact our Customer Service Team. If the file is determined to be flawed, we will replace the file. If the file is determined to be sound (not corrupt) and the problem has occurred on the user end, we will attempt to help resolve the problem.

Privacy and Security

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. We will not sell or distribute your email address to a third party.

Purchases of AudiobooksNow Content

When you purchase AudiobooksNow content, AudiobooksNow grants you a limited, revocable, non-exclusive, non-transferable license to download or stream AudiobooksNow content to your device(s) solely for your personal non-commercial use. You may also copy any of your purchases that are DRM-free onto a CD or other tangible media device expressly set forth herein. You will not sell, transfer, lease, modify, distribute or publicly perform the AudiobooksNow content in any manner and you will not exploit it commercially. You agree to not decompile, disassemble, or reverse engineer the AudiobooksNow content, or modify the AudiobooksNow content or create any derivative works therefrom. The license to the AudiobooksNow content you purchase will continue for as long as your copy of AudiobooksNow content exists pursuant to these AudiobooksNow Purchase Terms and Conditions.

With respect to all purchases, except where noted otherwise, any regular price displayed represents the full retail price listed on the AudiobooksNow content itself, as determined by AudiobooksNow, or as suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. Prices of all AudiobooksNow content are subject to change at any time in AudiobooksNow's sole discretion. All such pricing changes will be posted to the AudiobooksNow site or apps.

You bear all risk of loss for completing the download of AudiobooksNow content after purchase, once we have made such content available to you (in your "My Library" area or otherwise) and for any loss of AudiobooksNow content you have downloaded, including any loss due to a file corruption or a computer or hard drive crash. Purchased AudiobooksNow content will generally continue to be available in your "My Library," but may become unavailable due to potential content provider licensing restrictions or other reasons and AudiobooksNow will not be liable to you if AudiobooksNow content becomes unavailable for further download.

Audiobook Downloads

Over 90% of AudiobooksNow's selections is DRM-free, which means the raw MP3 files of an audiobook can be downloaded directly from our website. Downloadable, DRM-free audiobooks can be transferred to multiple devices for personal use only. DRM-free audiobooks are notated on the AudiobooksNow.com website with a "Downloadable" image. Any audiobook that displays this image on the details page of the audiobook may be downloaded directly from the AudiobooksNow.com website. Any audiobook that does not display a "Downloadable" image on its details page is DRM protected and can only be streamed from the AudiobooksNow.com website or downloaded to one of AudiobooksNow's free mobile apps.

Pre-orders

AudiobooksNow allows customers to pre-order items with a future release date. If you pre-order an item using a credit card, it will not be charged until the item is released and available for you to download. If for whatever reason the item is not released, the order will be cancelled, the consumed value of gift cards or promotional codes will be returned to your account and the credit card will not be charged, as applicable.

Free Audiobooks

AudiobooksNow offers hundreds of quality audiobooks free when you sign up for the 30 day free trail to our Club Pricing Plan. Those audiobooks are yours to keep, even if you cancel within the 30 day free trail. AudiobooksNow also offers some free audio books that are out of copyright. Those audio books are readily free through the Internet and AudiobooksNow does not guarantee the quality of these audio books.

Return Policy

Downloadable audiobooks (digital audiobooks) are non-returnable and non-refundable. If for any reason you experience technical difficulty in downloading, streaming, installing, or accessing a downloadable audiobook, AudiobooksNow may give partial or full credit on a case by case basis at our sole discretion.

AudiobooksNow reserves the right to change these terms of use at any time.

Our Address

AudiobooksNow
8453-P Tyco Road
Vienna, VA 22182 USA
https://www.audiobooksnow.com