We at KAR Enterprise Services, Inc., and Spectrum Audiobooks (“Spectrum”, “We”, “Us”) welcome you to use the Spectrum service. The Service is an online audiobook producer and distribution company, where you can get your audiobook produced, and purchase completed audiobooks. The Service offered by us include our software applications (including any updates, new versions or new releases thereof), including but not limited to applications for mobile devices, our website located at www.spectrumaudiobooks.com and any other services offered by us in connection with the applications or the website (any and all of the foregoing are referred to as the “Service”). The Service does include Paypal as a third-party payment processing service you may interact with via the Service.
From time to time, we may modify or amend the Terms. If we do so, we will post any such modifications or changes in the Service. If you continue to use the Service following such a posting, you accept any such change or modification.
We wish to remind you that you are solely responsible for any material or content that you post in the Service, regardless of the manner in which you post it. Similarly, your use of, or reliance on, any material or content posted in the Service is at your own risk.
We will not, under any circumstance, be liable in any way for any content, including, but not limited to, any errors or omissions in any material or content, or any loss or damage of any kind that you incur as a result of your use of, or your acting in reliance on, any material or content posted, e-mailed, transmitted, or otherwise made available in the Service.
We may, but have no obligation to:
Monitor or moderate any material or content posted in the Service;
Remove any material or content from the Service; and
Restrict access to any part of the Service at any time in our sole discretion and without advance notice.
II. Eligibility; Registration
The Service is intended solely for persons who are 18 years of age or older. Any access to or use of the Service by anyone under 17 is expressly prohibited. By accessing or using the Service you represent and warrant that you are 18 or older or, if younger than 18, are at least 17 or older and have a parent’s or guardian’s permission to access or use the Service. By using the Service, you represent and warrant that you will use the Service in compliance with any and all applicable laws and regulations.
In order to use certain portions or functionalities of the Service, you are required to register with the Service. When becoming a registered user of the Service you must provide the required registration information, including a username and a password. You may also use your Facebook account to sign up to the Service. We reserve the right to deny a user the ability to create a user account if the registration information provided is incomplete or otherwise inadequate. Also, your registration as a user of the Service is void where prohibited by law. Usernames and passwords are user-specific and should not be given to third parties. You are responsible for the use of the Service with your user account. You must protect any passwords or other credentials associated with your account for the Service, and take full responsibility for any use of the account under your password. If your username or password becomes compromised, you must inform us of this as soon as possible in order to limit your liability.
III. Intellectual Property
These Terms confer only the right to use the Service, while these Terms and the specified license(s) are in effect and they do not convey any rights of ownership in or to the Service. All right, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Service will remain our sole property. Any services provided to you under these Terms, and other data or materials that are prepared in the performance of such services hereunder, and all right, title and interest in the foregoing, will belong to us.
IV. Links to Third Party Websites; Third Party Material
The Service contains links to websites owned and/or operated by third parties. You may be able to access, review, display or use third party services, resources, content or information via the Service. In particular, the blogs that you may follow by using the Service are owned and/or operated by third parties and this section IV applies to the blogs that users may follow in the Service. Such links to third party websites and content are provided for informational purposes only. We are not responsible for any such third party websites and do not have control over any materials or content made available therein. Our inclusion of a link to a third party website in the Service does not in any way imply our endorsement, advertising, or promotion of such websites or any materials or content made available therein. By accessing a third party website you accept that we do not exercise any control over such websites or their content. We have no responsibility of the content of any third-party website, and you acknowledge and agree that we have no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such third party websites or their content. We encourage you to familiarize yourself with the terms of service applicable to any third-party website you may access. You acknowledge sole responsibility for and assume all risk arising from your access to, use of or reliance upon any third party websites and any materials or content made available therein.
You further acknowledge that we do not undertake or assume any duty to monitor the Service for inappropriate or unlawful content and do not make any promises to remove third party materials or User Content (as defined in section VI (“User Postings”) below) from being accessed through the Service. Notwithstanding the foregoing, we reserve the right to remove third party content or User Content any time in our sole discretion.
V. Copyright Infringement
We respect the intellectual property rights of others. We will respond expeditiously to claims of copyright infringement using guidelines and procedures set forth in Section 512 of the Digital Millennium Copyright Act of 1998 (“DMCA”). If you see any material on the Service that in your good faith belief may infringe someone’s copyright, you may notify us by e-mailing us at karentinc(at)gmail(dot) com or by using the “Contact support” functionality available in the Service and by inserting “Copyright” in the subject line. In order for it to be effective, your notice, also known as a takedown notice, must include the following information:
The identity of the original copyrighted work that you claim is infringed or – if your notice covers multiple copyrighted works – you may provide a representative list of the copyrighted works that you claim have been infringed;
A sufficiently detailed description of the content on the Service that you claim infringes the copyrighted work;
Your contact information, including your full name, mailing address, telephone number, and email address, if available;
A statement that you believe in good faith that the use of the allegedly infringing content on the Service is not authorized by the copyright owner, its agent, or the law; and
This statement: “I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed”; and
A physical or electronic signature of the copyright holder or a person authorized to act on their behalf.
Moreover, if you believe your work was erroneously removed due to an incorrect claim of copyright ownership, you may provide us a written counter notice. When we receive your counter notice, we may, in our discretion, reinstate the material in question in not less than 10 nor more than 14 days after we receive the counter notice unless we first receive notice from the original complaining party who filed the infringement notice that they have filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, you may email us at karentinc(at) gmail (dotcom). Please note that if you provide a counter notice, in accordance with the terms of the DMCA, the counter notice will be given to the original complaining party that filed the infringement notice. To be effective, a counter notice must contain substantially all of the following information:
Identification of the material that has been removed or to which access has been disabled in the Service and the location at which the material appeared before it was removed or access to it was disabled:
Your name, address, telephone number and, if available, email address:
q Include both of the following statements in the body of the Notice: ”I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.” ”I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which [Spectrum] may be found, and I will accept service of process from the complaining party who notified [Spectrum] of the alleged infringement or an agent of such person.”
Provide your full legal name and your electronic or physical signature.
VI. User Postings
You are solely responsible for any content, such as comments, that you post in the Service, or transmit to other users of the Service (“User Content”). You will not post on the Service, or transmit to other users of the Service, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to us or to any other registered user of the Service. If information provided to us, or another registered user of the Service, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
We may, in our sole discretion and without notice, review and delete any User Content.
You acknowledge and agree that all User Content whether publicly posted or privately transmitted to the Service is at your sole responsibility. We disclaim any responsibility for the backup and/or retention of any User Content transmitted to the Service. If you transmit User Content to the Service, you understand and agree that such User Content may be reproduced, distributed, publicly performed and publicly displayed on the Service for the purpose of providing the Service.
The following types of User Content are examples of User Content that is prohibited in the Service:
User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Harassing User Content;
“Junk mail,” “chain letters,” or “spam”; User Content that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; and User Content of commercial nature without authorization from us. If you see any material on the Service that in your good faith belief is offensive, hateful, harassing or that you otherwise think is prohibited, you may notify us by using the report function of the Service, shown as a flag symbol in close proximity to the blog or blog post in question. For instruction on how to report intellectual property issues, please see section V (“Copyright Infringement”) above.
VII. Prohibited Activities
The list below contains examples of behaviors that are prohibited in the Service:
Impersonating another person or entity;
Stalking and other types of harassment;
Engaging in unauthorized collection of users’ content or information, and/or otherwise accessing the Service by automated means (including, but not limited to, so-called bots or scrapers) without an authorization from us. For the sake of clarity, and provided that the rules provided at http://www.bloglovin.com/robots.txt are complied with, scrapers which are non-registered and not logged into the Service are authorized by us;
Transmission of viruses, malware, or other malicious code in the Service;
Modification, reverse-engineering, or other manipulation of the Service;
Using the Service to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party;
Tampering with, and other manipulation of, the statistics and top lists included in the Service in any way;
Interfering with, or disrupting, the Service.
VIII. User/Customer Service
You can contact us by using the “Contact support” form available in the Service. You can also email us at karentinc(at ) gmail (d ot) com.
IX. Blocking of IP Addresses
In order to ensure the integrity of the Service, we reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing the Service.
X. Privacy and Security
Respect the privacy of other users;
Not engage in unauthorized collection of users’ content or information, and/or not otherwise access the Service by automated means (including, but not limited to, so-called bots or scrapers) without an authorization from us;
Not reveal any personal data related to another individual, including, but not limited to, a person’s address, phone number, e-mail address, or any information that may otherwise be used to track, contact, or impersonate another individual;
Not utilize a username that is the name of another person and intending to impersonate that person; and
Not provide any false personal data to us or create any user account for anyone other than yourself without such person’s permission.
You are solely responsible for your interactions with other users of the Service. You understand that we do not in any way screen the users of the Service. You agree to take reasonable precautions in all interactions with other users of the Service, particularly if you decide to disclose personal information to other users.
Please be reminded that you must protect any passwords or other credentials associated with your account for the Service, and take full responsibility for any use of the account under your password.
(i) The Service is Available “AS-IS”
Your access to and use of the Service is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, OUR AFFILIATES AND WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service. Moreover, you agree that we do not have responsibility or liability for the deletion of, or the failure to store or to transmit, any material or content and other communications maintained in the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Service or our representatives, will create any warranty not expressly made herein.
(iii) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF ANTICIPATED SAVINGS; ACCRUED BUT WASTED EXPENDITURE; COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES, LOSS OF GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IN SOME JURISDICTIONS THE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold us harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.
(v) Waiver and Severability
Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.
(vi) Governing Law and Resolution of Disputes
The laws of the United States, without regard to or application of its conflict of law provisions, will govern these Terms and any claim, cause of action or dispute arising out of or relating to these Terms will be brought solely in the courts of State of Michigan, County of Wayne. You hereby consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
The Service is operated and provided by KAR Enterprise Services, Inc.. If you have any questions about these Terms, please contact us at karentinc(at) gmail (dot) com or by mailing us at Spectrum Audiobooks, P.O. Box 483, Trenton, MI 48183
XIII. Term and Termination
We reserve the right to discontinue offering the Service or to modify the Service at any time in our sole discretion and without notice. Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Service and/or your user account at any time.