THE LDSabs SERVICE
LDSabs and its affiliates ("LDSabs") are pleased to offer a service that permits users to discover, purchase, receive and play digital spoken word audio entertainment ("LDSabs Content") through LDSabs's websites, including LDSabs.com, and its applications for mobile devices (collectively, the "LDSabs Service"). If you use the LDSabs Service, you accept these conditions of use ("Conditions of Use"). Please read them carefully. In addition to the Conditions of Use, you will also be subject to (1) the LDSabs Purchase Terms & Conditions , which govern any purchase you make through the LDSabs Service, (2) the LDSabs Plan Terms, which govern your enrollment in any LDSabs membership plan, and (3) any other policies, guidelines, terms and agreements posted on, or otherwise made available to you through, the LDSabs Service (collectively, the "Terms"). If these Conditions of Use contradict such Terms, the Terms will control.
Please review our Privacy Notice, which also governs your use of the LDSabs Service, to understand our practices.
When you use the LDSabs Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on or through the LDSabs Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through the LDSabs Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and LDSabs Content, is the property of LDSabs or its content suppliers and protected by United States and international copyright laws. The compilation of all content accessible through the LDSabs Service is the exclusive property of LDSabs and protected by U.S. and international copyright laws.
LDSabs, LDSabs.com, and other graphics, logos, page headers, button icons, scripts, and service names included in or made available through the LDSabs Service are trademarks, registered trademarks or trade dress of LDSabs in the U.S. and other countries. LDSabs's trademarks and trade dress may not be used in connection with any product or service that is not LDSabs's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LDSabs. You may not use any LDSabs logo or other proprietary graphic or trademark as part of a hyperlink without express written permission from LDSabs. All other trademarks not owned by LDSabs that appear in the LDSabs Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LDSabs.
LICENSE AND SITE ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, LDSabs or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the LDSabs Service. Additional license terms may be found in the Terms. This license does not include any resale or commercial use of the LDSabs Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the LDSabs Service 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.
All rights not expressly granted to you in these Conditions of Use or any applicable Terms are reserved and retained by LDSabs or its licensors, suppliers, publishers, rightsholders, or other content providers. Neither the LDSabs Service nor any part of it may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of LDSabs. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LDSabs without express written consent. You may not use any meta tags or any other "hidden text" utilizing LDSabs's name or trademarks without the express written consent of LDSabs. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of LDSabs.com so long as the link does not portray LDSabs, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any LDSabs logo or other proprietary graphic or trademark as part of the link without express written permission.
You may not misuse the LDSabs Service. You may use the LDSabs Service only as permitted by law. The licenses granted by LDSabs terminate if you do not comply with these Conditions of Use or any applicable Terms.
As a registered user of the LDSabs Service, you may receive or establish one or more passwords and accounts ("LDSabs Account"). If you open a new LDSabs Account and you have an account with Amazon.com using the same email address, your account information from your Amazon account will be used to establish your account at LDSabs. If you register a Kindle tablet device and do not already have an LDSabs Account, you will automatically be assigned an LDSabs Account using your Amazon credentials. If you use the LDSabs Service, you are responsible for maintaining the confidentiality of your LDSabs Account(s) and for restricting access to your computer(s) or device(s), and you agree to accept responsibility for all activities that occur under any of your LDSabs Accounts. LDSabs does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the LDSabs Service only with the involvement of a parent or guardian. LDSabs reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
We may permit visitors to post reviews, comments, photos, and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information. You agree that any content you contribute and any communications you send using means we provide will not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a message or other content. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.
If you do post content or submit any material to us, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant LDSabs and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify LDSabs for all claims resulting from content you supply. We reserve the right (but not the obligation) to monitor and edit or remove any activity or content. LDSabs takes no responsibility and assumes no liability for any content posted by you or any third party.
LDSabs attempts to be as accurate as possible. However, LDSabs does not warrant that product descriptions or content available through the LDSabs Service is accurate, complete, reliable, current, or error-free.
LDSabs SOFTWARE TERMS
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the LDSabs Service (the "LDSabs Software").
We may offer content from parties other than LDSabs and may permit parties other than LDSabs to provide services or sell products through the LDSabs Service. We may also provide links through the LDSabs Service to the websites of affiliated companies and certain other businesses. We are a distributor, not a publisher, of any materials we offer from third parties and are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals, the content we obtain from them or the content of their websites. LDSabs does not assume any responsibility or liability for the actions, product, and content of any third parties. You should carefully review their privacy statements and other conditions of use.
REMOVAL OF LDSabs CONTENT OR OTHER MATERIALS
We reserve the right to remove or disable access to any LDSabs Content or any other materials posted to or otherwise displayed through the LDSabs Service, including any LDSabs Content that violates or otherwise allegedly infringes on the copyright or other intellectual property, proprietary, or other rights of any person, company or other entity. We will not be liable for the removal of or disabling of access to any LDSabs Content or materials.
Your right to use the LDSabs Service will automatically terminate if you violate these Conditions of Use or any other Terms. In case of such termination, we may terminate your access to the LDSabs Service without notice and you will not receive a full or partial refund of any fees already paid. Our failure to insist upon or enforce your strict compliance with the Conditions of Use or any other Terms will not constitute a waiver of any of our rights.
TERMINATION OF LDSabs SERVICE
Our business may change over time and we reserve the right to modify the LDSabs Service. We also reserve the right to suspend or discontinue the LDSabs Service or your use of the LDSabs Service, in whole or in part, at any time with or without notice and without liability to you. In the event that we exercise such right, you may be entitled to a full or partial refund, in our sole discretion, if you are a member of an LDSabs Plan (as defined in the LDSabs Plan Terms) or with respect to any purchase you've made.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE LDSabs SERVICE, LDSabs CONTENT, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LDSabs SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE LDSabs SERVICE, LDSabs CONTENT, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LDSabs SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING IN THE TERMS AND APPLICABLE TO THE LDSabs SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE LDSabs SERVICE AND LDSabs CONTENT IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LDSabs DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LDSabs DOES NOT WARRANT THAT THE LDSabs SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LDSabs SERVICE OR ELECTRONIC COMMUNICATIONS SENT FROM LDSabs ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LDSabs WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE LDSabs SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LDSabs SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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.
Any dispute or claim relating in any way to your use of the LDSabs Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, LDSabs will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using the LDSabs Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Oregon, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and LDSabs.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our Terms. We reserve the right to make changes to the LDSabs Service, these Conditions of Use and any Terms at any time. Your continued use of the LDSabs Service following any changes will indicate your acceptance of such changes. If you do not agree to a change, you must immediately stop using the LDSabs Service. If any Terms or these Conditions of Use are deemed invalid, void, or for any reason unenforceable, that condition or term shall be deemed severable and shall not affect the validity and enforceability of any remaining condition or term.
1965 N Lupine St
Canby, OR 97013
Any user may purchase LDSabs Content on an "A La Carte" basis. LDSabs members also may purchase content using membership credits in accordance with the terms set forth in the LDSabs Plan Terms. By making a purchase through the LDSabs Service you agree to be bound by these LDSabs Purchase Terms and Conditions.
Purchases of LDSabs Content
- LDSabs Content License. When you purchase LDSabs Content, LDSabs grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such LDSabs Content to your computer and/or other device(s) solely for your personal, non-commercial use. You agree to not otherwise copy, reproduce, distribute or use the LDSabs Content other than as expressly set forth herein. You will not sell, transfer, lease, modify, distribute or publicly perform the LDSabs Content in any manner and you will not exploit it commercially. You agree to not modify, reverse engineer, decompile or disassemble the LDSabs Content, or otherwise tamper with the LDSabs Content or create any derivative works therefrom.
- Pricing. With respect to all A La Carte purchases, except where noted otherwise, any list price displayed represents the full retail price listed on the LDSabs Content itself, as determined by LDSabs, 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 are subject to change at any time in LDSabs's sole discretion. LDSabs cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we may at our discretion cancel your order.
- Delivery of LDSabs Content. All LDSabs Content you purchased will be delivered to your LDSabs Account.
- Risk of Loss. Once we have made LDSabs Content available to you, you will bear the risk of loss for completing any download of LDSabs Content after purchase and for any loss of LDSabs Content you have downloaded, including any loss due to a file corruption or a device or hard drive crash. Purchased LDSabs Content will generally continue to be available in your LDSabs Account but may become unavailable due to possible content provider licensing restrictions or other reasons, and LDSabs will not be liable to you if LDSabs Content becomes unavailable for further download. You will not receive a full or partial refund of any fees already paid in such situations. Accordingly, we encourage you to download LDSabs Content promptly after purchase and to make a back-up copy. If you are unable to complete a download after having reviewed our online help resources, please contact LDSabs customer service.
- Payments.You must have a valid payment instrument, such as a credit card or other permitted payment method, on file in your LDSabs Account in order to use the LDSabs Service. If you are using your Amazon account to access the LDSabs Service, your default payment instrument will be the default payment instrument you use for purchases from amazon.com. If you want to designate a different payment instrument, you must change your authorized payment instrument information online at the "My Account" section of the LDSabs Service.
- Subscriptions. Any user may purchase subscriptions to recurring content such as newspapers and magazines on a monthly basis or other recurring basis depending on the recurrence of the content ("Subscriptions"). If you purchase a Subscription, you will be charged the full price of the Subscription at the beginning of the Subscription term. Subscriptions may be purchased on an A La Carte basis or by members with credits. With respect to any Subscriptions purchased on an A La Carte basis, if you cancel your Subscription before the initial term has expired, you may be entitled to a refund depending upon whether there is a shorter Subscription available for the relevant LDSabs Content. You will be obligated to pay based upon the Subscription term length closest to the number of months your Subscription was active. For example, if you signed up for a 12 month Subscription and wish to cancel after 5 months, then: (A) if a 6 month Subscription term is available, you would be charged for a 6 month Subscription and refunded the difference between the 12 month and 6 month Subscriptions, or (B) if only a 12 month term is available, you would be charged for the 12 month Subscription.
LDSabs offers various membership plans ("LDSabs Plans") for using and paying for the LDSabs Service. LDSabs Plans are subject to the terms below and those disclosed through the LDSabs Service. Membership in an LDSabs Plan is nontransferable.
- LDSabsListener Membership Plans. LDSabsListener Membership Plans are automatically renewable on a monthly or yearly basis, depending on the plan, until terminated by you or us in accordance with these LDSabs Plan Terms. LDSabs will charge your authorized payment instrument the applicable membership fee on your renewal date.
- Gold and Platinum Membership Plans. The Gold and Platinum Membership Plans are generally the same, however, the number of Credits that Platinum Members receive is greater. The Gold and Platinum Plans are subject to the following terms:
- Annual or Monthly. Each of these membership plans is available either on a monthly or annual basis. LDSabs will charge a member's authorized payment instrument the applicable monthly or yearly fee for such membership plan on the member's monthly or yearly renewal date, depending on which plan the member selects. Annual members will receive the entire year's credits at the start of their membership and upon any renewal. Monthly members will receive the applicable amount of credits each month.
- Rollover. Gold and Platinum Members are allowed to rollover a certain number of unused Credits ("LDSabsListener Rollover").
- Monthly Memberships. The number of permissible LDSabsListener Rollover Credits will be specified at the time the member starts their plan. If in any given month a monthly member has more than the permitted number of LDSabsListener Rollover Credits, the additional unused credits will automatically expire.
- Annual Memberships. Gold annual members may rollover up to 6 unused Credits to the next year of membership and Platinum annual members may rollover up to 12 unused Credits to the next year of membership.
- Discounted A La Carte Content. Members with an active Gold or Platinum Membership Plan may purchase content on an A La Carte basis below the non-membership regular price.
- Subscriptions. All members receive one complimentary Subscription to LDSabs Content to be determined by LDSabs.
- LDSabsListener Light Plan. The LDSabsListener Light Plan is available only on an annual basis and only to Gold and Platinum Members who want to downgrade their plan type. LDSabsListener Light Plan members do not receive membership credits but a Gold or Platinum Member converting to the LDSabsListener Light Plan may have LDSabsListener Rollover Credits that they can rollover when they downgrade. LDSabs will charge members who downgrade to the LDSabsListener Light Plan the yearly plan fee each year on the yearly renewal date.
- Basic Membership Plan. The Basic Membership Plan is available only to existing Basic Members. The Basic Membership is no longer available to new or Gold and Platinum LDSabsListener Members. Any changes to the Basic Membership Plan will be communicated to existing Basic Members by LDSabs.
- Gold and Platinum Membership Plans. The Gold and Platinum Membership Plans are generally the same, however, the number of Credits that Platinum Members receive is greater. The Gold and Platinum Plans are subject to the following terms:
- Committed Membership Plans. Certain members may receive a gift for joining (such as a discount on the purchase of a device) in exchange for their commitment to remain a member for the period of time specified at the time of enrollment. Members who sign up to a committed membership plan and receive the gift benefit will not be able to cancel the plan prior to the expiration of the initial term of the plan.
- Trial Offers. LDSabs may, in its sole discretion, make available free or paid trial offers for a monthly or annual Gold or Platinum Membership Plan, the terms of which will be more fully explained on the LDSabs Service (a "Trial Offer"). You must have a valid payment instrument, such as a credit card or other permitted payment method, on file in your LDSabs Account in order to initiate a Trial Offer. Upon expiration of the trial, you will automatically be joined into the related Gold or Platinum Membership Plan and LDSabs will charge your authorized payment instrument the relevant monthly fee or annual fee, as applicable. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT METHOD. Trial Offers are limited to one per household.
- Credits. LDSabs Plan members receive credits that may be used to purchase LDSabs Content on the LDSabs Service ("Credits"). Credits may only be used to purchase LDSabs Content. If you purchase LDSabs Content in excess of the number of available Credits under your LDSabs Plan, your authorized payment instrument will be billed the discounted price for the applicable LDSabs Content available to LDSabs Plan members. Credits include Membership Credits, Rollover Credits, and Complimentary Credits, as described below. Credits are nontransferable. Credits that do not rollover, expire in accordance with their terms.
- Membership Credits. Membership credits are Credits that Gold and Platinum Members receive on a monthly or annual basis.
- LDSabsListener Rollover Credits. All Gold and Platinum Members are permitted a certain number of LDSabsListener Rollover Credits, as described above.
- Complimentary Credits. Complimentary Credits are Credits that LDSabs gives LDSabs Plan members and non-members through goodwill, member anniversaries, no-risk listen opportunities, or in other situations, in each case, as determined by LDSabs in its sole discretion. Complimentary Credits are credited to a member's LDSabs Account. Complimentary Credits expire in accordance with their terms. You must have an LDSabs Account in order to receive Complimentary Credits.
- LDSabs Plan Prices. Prices of LDSabs Plans are subject to change at any time. Prices of committed membership plans are not subject to change during the initial commitment period.
- Upgrading or Downgrading a Plan. You may upgrade your LDSabs Plan on the LDSabs Service. You may also, subject to any minimum term commitment that may apply, downgrade your LDSabs Plan online or by contacting LDSabs customer service. Such LDSabs Account changes will be effective as of the date of your request and your membership will become subject to the new plan you selected. LDSabs Plans may be upgraded or downgraded as follows:
- Gold and Platinum Membership Plans.
- Upgrades. Gold Members can upgrade to a Platinum Membership Plan. Any available Credits, including any LDSabsListener Rollover Credits, that a Gold Member has accumulated will be transferred to the new upgraded plan in accordance with the rules for the new membership plan. Upon any upgrade, LDSabs will charge your authorized payment instrument the pro-rated additional fee for the Platinum Membership Plan. Platinum Members cannot upgrade to another LDSabs Plan.
- Downgrades. Gold and Platinum Members can downgrade to the LDSabsListener Light Plan and Platinum Members can downgrade to a Gold Membership Plan or LDSabsListener Light Plan. Any available Credits, including any LDSabsListener Rollover Credits, will be transferred to the new downgraded membership plan, in accordance with the rules for such new membership plan. Any complimentary Subscription that you receive as part your Gold or Platinum Membership Plan will expire upon any downgrade to the LDSabsListener Light Plan.
- Committed Membership Plans. If you joined a Committed Membership Plan, you may only upgrade or downgrade to another LDSabs Plan once the term for your current Committed Membership Plan expires. After the expiration of the Commitment Period, members will automatically become a regular Gold Member or Platinum Member, depending on the plan they chose, and may upgrade or downgrade their plan, as set forth in these LDSabs Plan Terms.
- LDSabsListener Light Plan. Gold and Platinum Members who have downgraded to the LDSabsListener Light Plan can upgrade again to either a Gold Membership Plan or a Platinum Membership Plan at any time. Any available Credits will be transferred to the new membership plan and may become LDSabsListener Rollover Credits, subject to the rules for the new membership plan. LDSabsListener Light Plan Members cannot downgrade to another LDSabs Plan.
- Gold and Platinum Membership Plans.
- Cancellation of LDSabs Plans. Except for members belonging to committed membership plans, you may cancel your LDSabs Plan online or by contacting LDSabs customer service. Upon cancellation of any membership, all available Credits, other than Gift Credits or Complimentary Credits, will expire, and all complimentary Subscriptions will expire. Members will not receive a full or partial refund of any monthly or annual fee already paid.