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Terms of use

Last updated on June 26, 2024

This is a legal agreement between you and Libro.fm, SPC. Please read these Terms of Use carefully.

NOTE: DIFFERENT TERMS MAY APPLY TO YOU BASED ON WHERE YOU LIVE. MAKE ‎SURE YOU READ THE JURISDICTION-SPECIFIC TERMS FOR YOUR COUNTRY OF RESIDENCE (AT ‎THE BOTTOM OF THESE TERMS). THESE SPECIFIC TERMS CONCERN IMPORTANT ASPECTS OF ‎OUR AGREEMENT, INCLUDING, WITHOUT LIMITATION, HOW YOU CONSENT TO THESE TERMS, ‎YOUR CONSUMER CANCELLATION RIGHTS, YOUR PRIVACY, OUR RIGHTS TO TERMINATE YOUR ‎ACCOUNT, YOUR RIGHT TO RECEIVE REFUNDS IN CERTAIN CASES, OUR WARRANTIES AND ‎LIABILITY, AND THE LAW APPLICABLE TO THESE TERMS. THERE ARE CURRENTLY JURISDICTION-‎SPECIFIC TERMS FOR CANADA, THE UNITED KINGDOM, AUSTRALIA, AND NEW ZEALAND.

NOTE: THESE TERMS OF USE CONTAIN A DISPUTE RESOLUTION AND ARBITRATION AGREEMENT, INCLUDING CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF USE AND WITH RESPECT TO CLAIMS OR DISPUTES YOU MAY HAVE WITH LIBRO.FM. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW (SEE SECTION 12 (DISPUTE RESOLUTION – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER)).

1. Definitions and Acceptance of Terms

These Terms of Use (the “Terms” or “Terms of Use”) describe the terms and conditions applicable to your access and use of the Libro.fm Service provided by Libro.fm, SPC (“Libro.fm”). The Libro.fm Service includes (a) any internet sites operated by Libro.fm, including without limitation the Libro.fm website at https://libro.fm/, the Libro.fm Blog (https://blog.libro.fm/), and Bookstore Link (https://www.bookstorelink.com/) (collectively the “Site”); (b) software made available through or in connection with the Libro.fm Service including mobile applications or apps (the “Service Applications”); and (c) the sale of audiobooks, memberships, credit bundles, clothing and other merchandise (collectively the “Products”) through the Site and the Service Applications. Together, the Site, Service Applications and the sale of Products are collectively referred to as the “Service.”

By using any aspect of the Libro.fm Service, or by creating a user account, you signify your acceptance of these Terms of Use and the Libro.fm Privacy Policy.

If you access or use the Service from within a jurisdiction for which there are separate supplemental ‎terms as indicated above, you also agree to the supplemental terms applicable to you in the applicable jurisdiction as ‎outlined below in Sections 18, 19, 20, and 21 as applicable. If there is a conflict between the provisions of the supplemental terms that are applicable to you, and the rest of these Terms of Use, the relevant jurisdictions’ supplemental terms will supersede and control. ‎

We may modify portions of these Terms of Use at any time. The updated Terms of Use will be posted on the Libro.fm website. We will notify you by email of any material changes to these Terms, and you will have the opportunity to cancel any subscriptions and end your use of the Service if you do not agree to such changes, as set forth in Section 4, below. Your continued use of the Libro.fm Service after receiving notice of any such modifications will constitute your acceptance of, and agreement to be bound to, such modifications.

If any of the terms and conditions of these Terms of Use, or any future modifications, are unacceptable to you, you may: (i) discontinue your use of the Libro.fm Service and/or (ii) if you have set up a Libro.fm account, delete your account on the account page at https://libro.fm/user. Your continued use of the Libro.fm Service now, or following the implementation of updated Terms of Use, will indicate acceptance by you of such Terms of Use or modifications.

2. Requirements

You may only use the Libro.fm Service and/or open an account if your acceptance of these Terms of Use is not prohibited by applicable law.

YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD. Individuals younger than 18 years old must get permission from a parent or guardian who must agree to these Terms of Use and supervise use by the minor in order to open an account on behalf of the minor.

You are responsible for any Internet connection fees or data fees that you incur when accessing the Libro.fm Service.

3. Purchases

When you place an order for Products, we will review the information you provided for validity by verifying your method of payment and associated country code. Orders may not be accepted for delivery to certain addresses and territories.

Libro.fm sells certain Products for use by children through its Service, but those Products will only be sold to adults who accept these Terms and who can purchase with a credit card or other payment method permitted by the Libro.fm Service.

Contact us at [email protected] if you are not satisfied with any of the Products provided by the Libro.fm Service. Subject to Libro.fm’s sole discretion, we may exchange or refund a purchase if you are not satisfied and your purchase was made within the preceding six months. We reserve the right to limit the number of exchanges and refunds allowed in order to prevent abuse of this policy.

4. Subscription Plans, Credit Bundles, and Billing Terms

Libro.fm provides various automatically-renewing subscription plans and credit bundles as described on the Site and Service Applications and in this section.

Automatically Renewing Subscriptions

You may elect to purchase an automatically-renewing Libro.fm membership (“Subscription”) that automatically renews periodically. Subscriptions will automatically renew at the beginning of each billing period on the same terms until you cancel at any time by using any of the cancellation methods below. To check your next renewal date, log on to your Account at https://libro.fm/user and look at the date beside “Next credit available”. That is the date you will be charged, unless you cancel your membership earlier.

Canceling a Subscription

To cancel your Subscription, simply go to your account page at https://libro.fm/user and click the “Cancel Membership” button, or go to https://libro.fm/membership/cancel to cancel. If you have trouble canceling for any reason, please email [email protected] and request help with cancellation. After cancellation, you will not be automatically charged for any more audiobook credits, but your unused credits remain available to be redeemed or used on gifts.

Credit Bundles

You may elect to purchase a credit bundle for yourself or to give to another person as a gift. Libro.fm offers credit bundles with varying associated credits (e.g., a 3-credit bundle that comes with 3 audiobook credits).

Billing Information

When you provide your payment method to Libro.fm, you are granting your express consent and are expressly authorizing us to automatically charge you each period for your Subscription. If you provide a payment method and our charge results in an overdraft, chargeback, or other fee from your bank, you alone are responsible for that fee.

You must provide and at all times must maintain accurate, complete, and current billing information, including but not limited to your postal/zip code, credit card number, and credit card expiration date. If you become aware of a potential breach of security to your billing information (such as credit card loss or theft), you must notify Libro.fm immediately.

If you do not pay on time or if Libro.fm cannot charge your credit card or other payment method for any reason, Libro.fm reserves the right to either suspend or terminate your Subscription.

Modifications to Service and Pricing

Libro.fm reserves the right at any time and from time to time to change, modify, add, remove, suspend, cancel, or discontinue any aspect of its Subscriptions in Libro.fm’s sole discretion. If the Subscription you subscribed to is materially altered, you will receive notice by email and the opportunity to cancel your Subscription if you do not agree to the changes.

In addition, Libro.fm may modify its subscription fees from time to time. In the event the subscription fee for your Subscription plan has been modified, and you are required to pay a different fee than at the time you entered into these terms, you will be notified at least thirty (30) days before you are billed at the different rate at the email address for you on file and have the opportunity to cancel your Subscription. If you do not cancel your Subscription before the next billing renewal date, you will be deemed to have accepted the new fees.

5. Termination by Libro.fm

To the extent allowable by law, Libro.fm reserves the right to suspend or terminate your access to the Libro.fm Service at any time for any violation of these Terms or other good reason. In such case, you will be notified of the suspension or termination by email.

If Libro.fm terminates your account and you purchased a Subscription, Libro.fm will refund you the prorated portion of your prepayment for the greater of the then-current month or other applicable time period for your Subscription, or for the unused Subscription credits.

6. Social Networks

The Libro.fm Service includes features that operate in conjunction with certain third party social networking websites that you visit ("Social Network Features"). For example, and without limitation, Social Network Features may include tools that direct you to Libro.fm’s social media channels or share content to social networks. While your use of the Social Network Features is governed by these Terms, your access and use of third party social networking websites and the Libro.fm Services provided through these websites is governed by the terms of use and other agreements posted on these websites. You agree that you alone are responsible for your use of the Social Network Features and that Libro.fm will not be liable to you or anyone else for your violation or breach of any terms of use or other agreement that may result from your use of the Social Network Features.

7. Intellectual Property

The Site and Libro.fm Service and the content made available through the Site and Libro.fm Service are protected by U.S. and international copyright, trademark and other intellectual property laws. You may not modify, reproduce or distribute any of the content, or the design or layout of the Site or Libro.fm Service, or individual sections of the content, design or layout of the Site without Libro.fm's express prior written permission.

Libro.fm respects the intellectual property rights of others, including without limitation authors and publishers. Libro.fm requires that the people who use the Site and the Libro.fm Service do the same. In particular, and without limitation, the audiobooks on the Site and the Libro.fm Service are provided subject to the copyright and other intellectual property rights of the authors and publishers.

Participation in Libro.fm's Audiobook Listening Copy (“ALC”) program(s) requires compliance with these Terms and Libro.fm's trademark policies. Libro.fm's name and trademarks may not be used in any way that discriminates or implies discrimination against any persons or groups based on race, color, creed, religion, national origin, citizenship, sex, age, marital status, sexual orientation, disability or military status or in any other way that would be a violation of non-discrimination policies or practices. Without limitation of the foregoing, Libro.fm may revoke ALC status at any time for any reason, including without limitation changes to the ALC program(s).

If you believe that any content appearing on the Libro.fm Service has been copied in a way that constitutes copyright infringement, please send an email to [email protected] that includes the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.

• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

• A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that any content appearing on the Libro.fm Service has been used in a way that constitutes an infringement or misappropriation of Intellectual Property Rights other than copyright infringement, please send a written communication following the above procedures that describes the purported infringement or misappropriation.

Libro.fm will notify you if it removes or disables access to copyright-protected material that you provide, if such removal is pursuant to a valid DMCA take-down notice that Libro.fm has received. If you receive such notice from Libro.fm, you may provide Libro.fm with a counter-notification in writing to Libro.fm’s designated agent that includes all of the following information:

• your physical or electronic signature;

• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

• your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Libro.fm may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Libro.fm may, but is not obligated to, follow similar procedures if it removes or disables any Content that purportedly constitutes infringement or misappropriation of any Intellectual Property Rights other than copyrights.

8. User Generated Content; Feedback

The Libro.fm Service incorporates user-generated content including but not limited to: book reviews, text, video, audio and photographs (each, a "Submission"). If you upload, post or submit any Submission for the Libro.fm Service, you represent to us that you have all the necessary legal rights to upload, post or submit such content and it does not and will not violate any law or the intellectual property, privacy, publicity or other rights of any person. You shall not upload to, distribute or otherwise publish on to the Libro.fm Service, any libelous, defamatory, obscene, pornographic, abusive, infringing, or otherwise illegal material. You shall not impersonate anyone else or otherwise misrepresent your identity, affiliation or status. You agree not to provide material and misleading information knowingly and with intent to defraud. You shall not upload to, or distribute or otherwise publish on to the Libro.fm Service, any malware, viruses, spyware, or other malicious software or files to the Libro.fm Service.

You acknowledge that any Submissions you make to the Libro.fm Service may be edited, removed, modified, published, transmitted, distributed and displayed by Libro.fm and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you or otherwise in the integrity of the Submission and any rights of attribution.

You grant Libro.fm a perpetual, nonexclusive, world-wide, royalty-free, assignable, sub-licensable license to the Submissions, which includes without limitation the right for Libro.fm, or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, sublicense, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Libro.fm Service or any other website owned by Libro.fm, including any content in a Submission owned by a third party (and where this is the case, you represent and warrant ‎that you have the right to grant such a license to that third party content) either directly or ‎through a third party service.

Any comments, ideas, suggestions, materials or the like submitted by you to Libro.fm (collectively, “Feedback”) through any communication whatsoever (e.g., email, social media, phone call, fax, etc.) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign to Libro.fm all right, title, and interest in the Feedback. Libro.fm is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Libro.fm an exclusive, transferable, assignable, sublicensable, worldwide, royalty-free, fully paid license (including the right to sublicense) to use, disclose and exploit all Feedback as Libro.fm may determine in Libro.fm’s sole discretion. Notwithstanding the foregoing, you understand and agree that Libro.fm is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

9. Location

Libro.fm administers and operates the Libro.fm Site from the United States. Although the Site is accessible in many territories throughout the world, not all features, products or Libro.fm Services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Libro.fm reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or Libro.fm Service to any person or geographic area. Any offer for any feature, product or Libro.fm Service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

10. Disclaimer of Warranties

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE ‎EXCLUSION ‎‎OR LIMITATION OF CERTAIN DAMAGES. ‎NOTHING IN THESE TERMS SHALL AFFECT ‎ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE ‎AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER. ‎

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND THE LIBRO.FM SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND AND LIBRO.FM HEREBY DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. LIBRO.FM MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE LIBRO.FM SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE LIBRO.FM SERVICE IS AT YOUR SOLE RISK. LIBRO.FM DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR LIBRO.FM SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE LIBRO.FM SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE LIBRO.FM SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

IN NO EVENT WILL LIBRO.FM, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS ("LIBRO.FM PARTIES") BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, OR LOST GOODWILL (COLLECTIVELY, THE "EXCLUDED DAMAGES"). THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE LIBRO.FM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE LIBRO.FM PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT SHALL LIBRO.FM PARTIES’ TOTAL, AGGREGATE LIABILITY EXCEED, WITH RESPECT TO THE LIBRO.FM SERVICE, THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY YOU TO LIBRO.FM IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, AND, WITH RESPECT TO THE APPLICATION, THE FEES PAID BY YOU TO LIBRO.FM UNDER THESE TERMS.

12. Dispute Resolution – Arbitration Agreement and Class Action Waiver

Please read this Arbitration Agreement and Class Action Waiver carefully. It affects your rights.

Most customer concerns regarding the Libro.fm Service can be resolved quickly and to a customer’s satisfaction by emailing us at [email protected]. This Arbitration Agreement and Class Action Waiver (“Arbitration Agreement”) facilitates the prompt and efficient resolution of any Disputes that may arise between you and Libro.fm regarding your use of the Libro.fm Services. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Arbitration Agreement (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.

For the purpose of this Arbitration Agreement, “Libro.fm” means Libro.fm, SPC and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Libro.fm regarding any aspect of your relationship with Libro.fm, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.

YOU AND LIBRO.FM EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, RATHER THAN IN COURT, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

Pre-Arbitration Dispute Resolution: For all Disputes you must first give Libro.fm an opportunity to resolve the Dispute. You must commence this process by mailing written notification to PO Box 70525, Seattle, WA 98127, USA or by emailing written notice to [email protected]. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Libro.fm does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.

Exclusions from Arbitration/Opt Out: Notwithstanding the above, you may opt-out of this Arbitration Agreement by mailing written notification to PO Box 70525, Seattle, WA 98127, USA or by emailing written notice to [email protected]. Your notice must contain the following information: (1) your name; (2) your address; and (3) a clear statement that you do not wish to resolve Disputes with us through arbitration. Your decision to opt-out of this Arbitration Agreement will have no adverse effect on your relationship with us, but we must receive this opt-out request within 30 days from the date that you first consent to these Terms of Use. Any opt-out request received after this deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Arbitration: This Arbitration Agreement and Class Action Waiver (“Arbitration Agreement”) facilitates the prompt and efficient resolution of any Disputes that may arise between you and Libro.fm. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial.

Arbitration Procedures: If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Dispute Resolution”) either you or Libro.fm may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.

For arbitration before the AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

Because your contract with Libro.fm, these Terms of Use, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA or applicable state law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration: You may initiate arbitration in either Seattle, Washington or in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution. In the event that Libro.fm initiates an arbitration, it may only do so in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution.

Payment of Arbitration Fees and Costs: Libro.fm will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Libro.fm as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from Libro.fm your actual and reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver: The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and Libro.fm specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other subscriber and/or user of Libro.fm’s services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.

Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and Libro.fm are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Libro.fm might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You give up those rights and instead agree to arbitration. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.

Severability: If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.

Continuation: This Arbitration Agreement and Class Action Waiver shall survive the termination of your contract with Libro.fm and your use of the Libro.fm Services.

13. Governing Law, Jurisdiction, and Venue

Unless prohibited by local law, these Terms are governed by the laws of the State of Washington, without giving effect to any principles of conflicts of laws. Notwithstanding the foregoing, Section 12 of this Agreement shall be governed by the Federal Arbitration Act. For the sake of clarity, the choice of Washington law shall not exclude, limit or supersede a consumer’s rights or remedies under mandatory consumer protection laws in the jurisdiction where the consumer resides. Nothing in this Agreement is intended to limit a party’s right to seek equitable relief at any time.

If the Arbitration Agreement (as set forth in Section 12) is held to be unenforceable, you agree that any claims or disputes that you have against us must be resolved in the federal or state courts located in Seattle, Washington to the extent permissible by applicable law. You agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any Dispute. Notwithstanding the foregoing, claims appropriately brought in small claims court may be filed in any court of competent jurisdiction.

14. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend and hold Libro.fm SPC, and its officers, directors, employees, contractors, agents, and affiliated entities harmless from any and all claims, demands, damages or other losses, including reasonable attorneys' fees, resulting from or arising out of your use of the Site and/or the Libro.fm Service, your negligent or intentional misuse of the Products, or any breach by you of these Terms or any other policies that Libro.fm may issue for the Site and/or Libro.fm Service from time to time.

15. Notice to California Residents

Pursuant to Cal. Civil Code § 1789.3, please note that (a) Libro.fm’s mailing address is PO Box 70525, Seattle, WA 98127, USA; and its telephone number is (413) 206-9290, (b) the fees and charges for the Libro.fm Service vary depending on the Products selected by you, and (c) if you have a complaint regarding any aspect of the Libro.fm Service or desire further information on use of the Service, contact Libro.fm customer support by emailing us at [email protected]. For complaints, you may also contact the California Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, tel. (800) 952-5210.

16. Questions

If you have any questions about these Terms or your rights or Libro.fm’s obligations relating to any aspect of the Libro.fm Service, please email us at [email protected] or you may contact us by mail at: PO Box 70525, Seattle, WA 98127, USA.

17. Additional iPhone and Android Application Terms

The Service Applications are owned by and are being provided to you by Libro.fm. Libro.fm may elect, in its sole discretion, to change, edit, or discontinue the Service Applications at any time or any Libro.fm Service or website with which it operates, in each case without notice.

You acknowledge that this is a license and not a sale of the Service Applications. You agree that the Service Applications, including, but not limited to, graphics, clips, and content available by its use, contain proprietary information, content and materials owned by Libro.fm or its licensors and is protected by applicable intellectual property and other laws, including, but not limited to, trade secrets, copyright, trademark and patent laws. You agree not to use such proprietary information, content or materials in any way whatsoever except as part of the use of the Service Applications and only in compliance with these Terms. Your rights to use the Service Applications are limited to the terms specified in these Terms, and nothing herein shall reduce or modify Libro.fm’s ownership of the Service Applications. Libro.fm retains and reserves all rights not expressly granted to you herein. There are no implied rights.

To use the Service Applications you must have a mobile device that is compatible with the mobile service. Libro.fm does not warrant that the Service Applications will be compatible with your mobile device. Libro.fm hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Service Applications for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer any of the Service Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Service Applications to any third-party or use the Service Applications to provide time sharing or similar services for any third-party; (iii) make any copies of the Service Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service Applications, features that prevent or restrict use or copying of any content accessible through the Service Applications, or features that enforce limitations on use of the Service Applications; or (v) delete the copyright and other proprietary rights notices on the Service Applications. You acknowledge that Libro.fm may from time to time issue upgraded versions of the Service Applications, and may automatically electronically upgrade the version of the Service Applications that you are using on your mobile device. You hereby consent to such automatic upgrading on your mobile device and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Service Applications or any copy thereof, and Libro.fm and its third-party licensors or suppliers retain all right, title, and interest in and to the Service Applications (and any copy of the Service Applications). Standard carrier data charges may apply to your use of the Service Applications.

The following additional terms and conditions apply with respect to any Service Applications that Libro.fm provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

• You acknowledge that this Agreement is between you and Libro.fm only, and not with Apple, Inc. (“Apple”).

• Your use of each iOS App must comply with Apple’s then-current App Store Terms of Service.

• Libro.fm, and not Apple, are solely responsible for each iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the iOS Apps. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS Apps.

• You agree that Libro.fm, and not Apple, are responsible for addressing any claims by you or any third-party relating to an iOS App or your possession and/or use of an iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that an iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Libro.fm as provider of the iOS App.

• You agree that Libro.fm, and not Apple, shall be responsible, to the extent required by the terms of these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to an iOS App or your possession and use of an iOS App.

• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

• You agree to comply with all applicable third-party terms of agreement when using an iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).

• The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of an iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

The following additional terms and conditions apply with respect to any Service Applications that Libro.fm provides to you designed for use on an Android-powered mobile device (an “Android App”):

• You acknowledge that these Terms are between you and Libro.fm only, and not with Google, Inc. (“Google”).

• Your use of the Android App must comply with Google’s then-current Android Market Terms of Service.

• Google is only a provider of the Android Market where you obtained the Android App. Libro.fm, and not Google, is solely responsible for the Android App and the services and content available thereon. Google has no obligation or liability to you with respect to the Android App or these Terms.

• You acknowledge and agree that Google is a third-party beneficiary to these Terms as they relate to the Android App.

18. Jurisdiction Specific Supplemental Terms: Canada

Section 4 Subscription Plan and Billing Terms is modified to state:

4. Subscription Plan and Billing Terms

Users in Quebec

If you are a resident of Quebec, and if you have purchased a subscription for a fixed number of months (for example 12 months) your subscription will automatically renew for an indefinite period, billed monthly, (i.e. it will become a month to month subscription) unless you cancel your subscription before the end of your current subscription term, or inform us that you would like to renew for an additional fixed term subscription. In either case, we will provide you with notice of the renewal. If you cancel your subscription rather than renew, cancellation will take place as described in this Section 4. Your failure to cancel your subscription during the current term will result in the renewal of your subscription in accordance with these Terms.

Section 11 Limitation of Liability is modified to state:

11. Limitation of Liability

(a) NOT APPLICABLE TO RESIDENTS OF QUEBEC: TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LIBRO.FM DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. LIBRO.FM DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, RESULTING FROM OR IN CONNECTION WITH: (A) ANY USE OF, OR INABILITY TO USE, THE SERVICE, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS, CONTENT, AND INFORMATION, OR OTHER MATERIALS IN OR ASSOCIATED WITH THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ASSOCIATED PROFILES; OR (C) ANY OTHER MATTER RELATING TO THE SERVICE, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS OR OTHER CONTENT AND MATERIALS IN OR ASSOCIATED WITH THE SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF LIBRO.FM HAS BEEN ADVISED OF, OR COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE.

(b) APPLICABLE ONLY TO RESIDENTS OF QUEBEC: EXCEPT FOR DAMAGES RESULTING FROM LIBRO.FM’S OWN ACTS, LIBRO.FM WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, RESULTING FROM OR IN CONNECTION WITH: (A) ANY USE OF, OR INABILITY TO USE, THE SERVICE, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS, AND THE CONTENT, INFORMATION, OR OTHER MATERIALS IN OR ASSOCIATED WITH THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ASSOCIATED PROFILES; OR (C) ANY OTHER MATTER RELATING TO THE SERVICE, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS, AND THE CONTENT OR OTHER MATERIALS IN OR ASSOCIATED WITH THE SERVICE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE.

(c) You expressly acknowledge that we make the Service, available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth in these Terms, and that these form an essential basis of the bargain between you and us. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and, subject to applicable laws, continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of these Terms.

Section 12 Dispute Resolution is modified to state:

12. Dispute Resolution – Arbitration Agreement

Please read this Arbitration Agreement carefully. It affects your rights.

Most customer concerns regarding the Libro.fm Service can be resolved quickly and to a customer’s satisfaction by emailing us at [email protected]. This Arbitration Agreement (“Arbitration Agreement”) facilitates the prompt and efficient resolution of any Disputes that may arise between you and Libro.fm regarding your use of the Libro.fm Services. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Arbitration Agreement (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.

For the purpose of this Arbitration Agreement, “Libro.fm” means Libro.fm, SPC and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Libro.fm regarding any aspect of your relationship with Libro.fm, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement. “Dispute” is to be given the broadest possible meaning that will be enforced.

YOU AND LIBRO.FM EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED BELOW, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, RATHER THAN IN COURT, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

Arbitration: This Arbitration Agreement facilitates the prompt and efficient resolution of any Disputes that may arise between you and Libro.fm. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial.

Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and Libro.fm are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Libro.fm might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others. You give up those rights and instead agree to arbitration. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.

Severability: If any clause within this Arbitration is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect.

Continuation: This Arbitration Agreement shall survive the termination of your contract with Libro.fm and your use of the Libro.fm Services.

19. Jurisdiction Specific Supplemental Terms: United Kingdom

Section 11 Limitation of Liability is modified to state:

‎11. Limitation of Liability‎

In no event will Libro.fm, its affiliates and their respective shareholders, ‎directors, officers, employees, advertisers, suppliers and licensors ‎‎(“Libro.fm Parties”) be liable (jointly or severally) to you or any other ‎person for indirect, consequential, special, incidental, punitive, or ‎exemplary damages, including, without limitation, lost profits, lost ‎savings, lost revenues, or lost goodwill (collectively, the "Excluded ‎Damages"). These limitations apply whether the alleged liability is based ‎on tort (including negligence), contract, or other theory of liability, even if ‎any of the Libro.fm Parties have been advised of the possibility of or ‎could have foreseen any of the excluded damages, and irrespective of ‎any failure of an essential purpose of a limited remedy. If any applicable ‎authority holds any portion of this section to be unenforceable, then the ‎Libro.fm Parties' liability will be limited to the fullest possible extent ‎permitted by applicable law.‎

In no event shall Libro.fm Parties’ total, aggregate liability exceed, with ‎respect to the Libro.fm Service, the total amount of subscription fees ‎paid by you to Libro.fm in the twelve-month period immediately prior to ‎the event giving rise to the claim, and, with respect to the application, the ‎fees paid by you to Libro.fm under these Terms.‎

Nothing in these Terms shall limit or exclude Libro.fm’s liability for death ‎or personal injury caused by Libro.fm’s own negligence, fraud or for any ‎other liability which cannot be excluded or limited.‎

Section 12 Dispute Resolution – Arbitration ‎Agreement and Class Action Waiver is modified to state:

‎12. Dispute Resolution – Arbitration ‎Agreement and Class Action Waiver

This section does not apply to users based in the UK.‎

Section 13 Governing Law, Jurisdiction, and Venue is modified to state:

‎13. Governing Law, Jurisdiction, and Venue‎

Unless prohibited by local law, these Terms are governed by the laws of ‎England and Wales and you submit to the non-exclusive jurisdiction of ‎the English courts. ‎

20. Jurisdiction Specific Supplemental Terms: Australia

Section 10 Disclaimer of Warranties is modified to state:

10. Disclaimer of Warranties

AUSTRALIAN LAWS DO NOT ALLOW THE EXCLUSION OF CERTAIN GUARANTEES, CONDITIONS, ‎WARRANTIES OR TERMS IMPLIED OR IMPOSED BY LAW. AS A RESULT, IF YOU ARE IN AUSTRALIA, NOT ‎ALL OF THE PROVISIONS OF THE TERMS OF USE, INCLUDING THOSE ADDRESSING RIGHTS OF REFUND ‎AND RETURN, WILL BE APPLICABLE TO YOU. ‎

NOTHING IN THESE TERMS EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, TERM ‎OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW WHICH CANNOT ‎LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED. IF A GUARANTEE, CONDITION, WARRANTY OR ‎TERM IS IMPLIED OR IMPOSED IN RELATION TO THESE TERMS (A NON-EXCLUDABLE PROVISION) AND ‎WE ARE ABLE TO LIMIT YOUR REMEDY FOR BREACH OF SUCH NON-EXCLUDABLE PROVISION, THEN ‎OUR LIABILITY FOR A BREACH OF A NON-EXCLUDABLE PROVISION IS LIMITED TO ONE OR MORE OF THE ‎FOLLOWING, AT OUR SOLE OPTION: ‎

IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, ‎OR THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING THE ‎EQUIVALENT FOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; OR ‎

IN THE CASE OF SERVICES, THE SUPPLYING THE SERVICES AGAIN, OR THE PAYMENT OF THE COST OF ‎HAVING THE SERVICES SUPPLIED AGAIN. ‎

Section 12 Dispute Resolution - Arbitration Agreement and Class Action Waiver is modified to state:

12. Disputes, Governing Law, Jurisdiction and Venue ‎

In the event of a dispute relating to these Terms of Use, Australian users may elect to pursue an ‎alternative dispute resolution mechanism, including a mediation procedure to reach a ‎resolution. In the absence of an alternative dispute resolution mechanism, all disputes relating ‎to use of the Service pursuant to these Terms of Use will be referred to the courts with ‎jurisdiction to hear the dispute.‎

Section 13 Governing Law, Jurisdiction, and Venue is modified to state:

13. Governing Law, Jurisdiction, and Venue

These Terms are governed by the laws of New South Wales, Australia.

21. Jurisdiction Specific Supplemental Terms: New Zealand

The following new paragraph is added at the end of clause 7: Intellectual Property Rights:

Where you purchase, download, subscribe to or use any of our Digital Audiobooks: i) your use of Digital Audio books is for personal, non-lending and non-commercial use only, and not for re-sale or re-distribution; ii) the download of the Digital Audiobook does not provide you with any commercial or promotional use rights in such Digital Audiobook; iii) the content of the Digital Audiobooks may not be copied, pasted, printed or shared with third parties; parties and iv) subject to applicable laws, returns may only be made (a) for corrupt or defective Digital Audiobook files or (b) for any reason (provided you have not downloaded the Digital Audiobook and that you return the Digital Audiobook to Libro.fm within 14 days of your purchase). You acknowledge that, subject to applicable laws, upon download you may lose the right to return the Digital Audiobook.

The first paragraph of section 8: User Generated Content; Feedback, is modified to state:

8. User Generated Content; Feedback

The Libro.fm Service incorporates user-generated content including but not limited to: book reviews, text, video, audio and photographs (each, a "Submission"). If you upload, post or submit any Submission for the Libro.fm Service, you represent to us that you have all the necessary legal rights to upload, post or submit such content and it does not and will not violate any law or the intellectual property, privacy, publicity or other rights of any person. You shall not upload to, distribute or otherwise publish on to the Libro.fm Service, any libelous, defamatory, obscene, pornographic, abusive, infringing, or otherwise illegal material. You shall not impersonate anyone else or otherwise misrepresent your identity, affiliation or status. You agree not to provide misleading or deceptive material or information or material or information which is likely to mislead or deceive. You shall not upload to, or distribute or otherwise publish on to the Libro.fm Service, any malware, viruses, spyware, or other malicious software or files to the Libro.fm Service.

The first paragraph of section 10 is replaced with:

10. Disclaimer of Warranties

IN NEW ZEALAND, IF YOU ARE A 'CONSUMER' AS DEFINED IN THE CONSUMER GUARANTEES ACT 1993, YOUR USE OF THE SERVICES WILL BE SUBJECT TO CERTAIN LAWS INCLUDING, WITHOUT LIMITATION, THE CONSUMER GUARANTEES ACT 1993. THE CONSUMER GUARANTEES ACT 1993 PROVIDES YOU WITH CERTAIN RIGHTS AND REMEDIES THAT CANNOT BE EXCLUDED ("NON-EXCLUDABLE GUARANTEES"). NOTHING IN THESE TERMS WILL BE READ OR APPLIED SO AS TO EXCLUDE, RESTRICT OR MODIFY ANY NON-EXCLUDABLE GUARNATEES.‎ HOWEVER, TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY FOR BREACH OF A NON-EXCLUDABLE GUARANTEE IS LIMITED TO THE STATUTORY REMEDIES (IF ANY) AVAILABLE FOR BREACH OR FAILURE TO COMPLY WITH THE NON-EXCLUDABLE GUARANTEES.

The first paragraph of section 12 is modified to read:

12. Dispute Resolution – Arbitration Agreement and Class Action Waiver

Please read this Arbitration Agreement and Class Action Waiver carefully. It affects your rights (without limiting any rights available to you under any applicable Non-excludable Guarantees).

Paragraphs 14-15 of section 12 are modified to read:

Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, to the extent that a civil jury trial would otherwise be available to you and Libro.fm, you and Libro.fm are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Libro.fm might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided in this Arbitration Agreement, you give up those rights and instead agree to arbitration. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.

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