| Kitabe.com Customer Agreement |
This Agreement is between Kitabe.com and you ("you" or "Customer"), as an authorized member of Kitabe.com, and governs the terms
and conditions of your use of Kitabe.com Services. This Agreement, together with any operating rules, policies, price schedules,
or other supplemental documents expressly incorporated herein by reference and published from time to time by
Kitabe.com (collectively, the "Agreement"), constitutes the entire agreement between Kitabe.com and you regarding Kitabe.com
Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. By using
Kitabe.com Services, you confirm your acceptance of, and agree to be bound by, this Agreement.
If you begin the sign up process for Kitabe.com Services but fail to complete the process, Kitabe.com may contact you one (1)
time via email in an effort to help successfully guide you through this process. You hereby authorize Kitabe.com to make such
contact, even if you ultimately determine not to sign up for Kitabe.com Services.
1. Privacy Policy
Kitabe.com is dedicated to establishing trusting relationships with its Customers, based on respect for personal identity and
information. To demonstrate our commitment to Customer privacy, we have developed a Privacy Policy, a current copy of
which is available at http://www.Kitabe.com.
If we decide to change our privacy practices, we will post those changes in our Privacy Policy, and other places we deem
appropriate, so our Customers are always aware of what information we collect, how we use it, and under what circumstances, if any,
we disclose it. We will use information in accordance with the Privacy Policy under which the information was collected. If,
however, we are going to use Customers‘ personally identifiable information in a manner different from that stated at the time
of collection we will notify Customers via email. Customers will have a choice as to whether or not we use their information
in this different manner. However, if Customers have opted out of all communication with Kitabe.com, or deleted/deactivated
their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition,
if we make any material changes in our privacy practices that do not affect Customer information already stored in our database,
we will post a prominent notice on our Web site notifying Customers of the change. In some cases where we post a notice we will
also email Customers, who have opted to receive communications from us, notifying them of the changes in our privacy practices.
2. Customer Responsibilities
Your use of the Kitabe.com services is subject to all applicable local, state, national and international laws and
regulations (including without limitation those governing account collection, export control, consumer protection, unfair
competition, anti-discrimination or false advertising). You agree: (1) not to use the Kitabe.com services for illegal purposes;
(2) not to interfere or disrupt networks connected to the Kitabe.com services; (3) to comply with all regulations, policies and
procedures of networks connected to the Kitabe.com services; (4) not to use the Kitabe.com services to infringe any third
party‘s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (5)
not to duplicate any audiobook material without the written permission of the audiobook publisher and manufacturer. You shall
not interfere with another Customer‘s use and enjoyment of the Kitabe.com services or another entity‘s use and enjoyment
of similar services.
You must (a) obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for
you to access and use Kitabe.com services; (b) maintain any security of your Customer identification, and other confidential
information relating to your Kitabe.com account and; (c) be responsible for all charges resulting from use of
your Kitabe.com account, including unauthorized use prior to your notifying Kitabe.com of such use and taking steps to prevent
its further occurrence.
3. Customer Representations
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or
province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be
financially responsible for your use of Kitabe.com Services (as well as for use of your account by others, including minors
living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
4. Modifications to Customer Agreement
Kitabe.com may automatically amend this Agreement at any time by (a) posting a revised Kitabe.com Customer Agreement on the
Kitabe.com Website, and/or (b) sending information regarding the amendment to the email address you provide to Kitabe.com.
You are responsible for regularly reviewing the Kitabe.com website to obtain timely notice of such amendments. Otherwise,
this Agreement may not be amended except in writing signed by both you and Kitabe.com.
5. Modifications to Services
Kitabe.com reserves the right to modify or discontinue any of the Services with or without notice to you. Kitabe.com shall not
be liable to you or any third party should Kitabe.com exercise its right to modify or discontinue the Services.
6. Member Account, Password and Security
As part of the registration process, you will be required to provide an email address and select a Password. Once you become a
registered member, your password will be automatically sent to you by email. You may change your password and set a new password
at Kitabe.com website. You are entirely responsible for failing to maintain the confidentiality of your password and account
information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to
immediately notify Kitabe.com of any unauthorized use of your account or any other breach of security known to you.
7. Payment
Kitabe.com reserves the right to suspend or terminate your Kitabe.com account without notice upon rejection of any card charges
or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Kitabe.com when Kitabe.com believes
you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Kitabe.com.
8. Ownership
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials
comprising the Kitabe.com service are wholly owned by Kitabe.com.
9. Participation in Promotions of Advertisers
You may enter into correspondence with or participate in promotions of advertisers showing their products or services. Any such
correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions,
warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. Kitabe.com
assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
10. Kitabe.com Services
Termination
Either you or Kitabe.com may terminate your Kitabe.com account at any time,with or without cause, upon notice. A member can log-in
online at Kitabe.com and click on "Cancel Membership" to terminate their membership. Kitabe.com also reserves the right to
terminate or suspend your Kitabe.com account without prior notice, provided that Kitabe.com will attempt to confirm such termination
notice either by email or mailed letter. All download sales are final.
No Sale of Audiobooks
Your right to use Kitabe.com membership is personal to you. You may be either an individual or a corporation or business entity, but you agree not to sell the audiobooks in your possession as they are property of Kitabe.com.
Audio Book(s) & Spoken Word Download
Kitabe.com offers audio content for download. A customer can purchase audio download content by signing up online at
Kitabe.com by completing a name, mailing address, valid email address and credit/debit card information. Kitabe.com
will apply a download fee, which will be the sale price as mentioned next to the downloadable audio file. Each customer
upon downloading an audiobook(s) or Spoken Word can transfer the audio content from the Computer to an Mp3 player or
record it on a CD. A member can download 5 audio books or Spoken Word files in one transaction.
-
Download Fee
Each customer will be charged a downloading fee based on retail price of the audio content.
No refund of the downloading fee will be allowed once a download is complete.
-
No Sale of Audio Books or Spoken Word Content
Your right to use Kitabe.com membership is personal to you. You may be either an individual or a corporation or
business entity, but you agree not to sell the audiobooks in your possession, as they are property of
Kitabe.com. The customer will not share audio content downloaded from Kitabe.com site to other individuals,
shared networks (P2P networks), bit torrent sites or other media sites.
-
MP3 Audiobooks
Audiobooks in MP3 format play only in devices capable of playing MP3 files. Kitabe.com is not responsible for damage to
your audio/video equipment when an MP3 audiobook is used.
11. Notices
Notices given by Kitabe.com to you will be given by email or by a general posting on the Kitabe.com website, or by conventional mail.
Notices given by you to Kitabe.com must be given by email or by conventional mail (subject, however, to Kitabe.com‘s verification
procedures, as may be established by Kitabe.com from time to time in its sole discretion, and which may include the requirement that
you contact Kitabe.com by phone so as to confirm that any such notice was in fact sent by you). Notices to Kitabe.com by conventional
mail must be sent to Kitabe.com, PO Box 87470, Canton, MI 48187
Last Updated: May 03, 2008 |
|
|
My Cart (0) items
