Terms of Use

Acceptance of the Terms of Use

IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY.

The following specifies the terms and conditions under which you may use any Simply Audiobooks (SAB) website, service, or product. By using, visiting or browsing the SAB website or using Simply Audiobooks services or products, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Simply Audiobooks website, service or products. SAB may revise these terms at any time by updating the Terms of Use on our site. Continued use of the site after such modifications constitutes your acceptance of the revisions to the agreement. You should visit this page periodically to review the Terms. This agreement was last revised May 2009.

Simply Audiobooks Requirements

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

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

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

Copyright Laws/Intellectual Property Rights

Content downloaded or rented from Simply Audiobooks may be used and played for your personal, non-commercial use only. You agree not to modify, reproduce, retransmit, transfer, distribute, sell, broadcast, make available to third parties or circulate the content to anyone or to exploit any such content for commercial or noncommercial purposes without the express prior written consent of Simply Audiobooks.

Rentals and Subscriptions

Members of our unlimited Playaway Rental Club are entitled to 1, 2, or 3 Playaways at a time based on their subscription.

Subscription members agree to pay a recurring monthly fee by credit card, permitting us to charge membership dues and any applicable tax, until the account is cancelled by phone. Membership dues, including promotional pricing and limited time offers, are subject to change at a pre-specified time, or at Simply Audiobooks’ discretion. All subscriptions, including any promotional free trials, require a valid credit card on file for security reasons. You may change your subscription at any time.

All subscriptions are self-maintained accounts and each member is responsible for reporting any issues including, but not limited to, titles lost en route or on return, damaged players, etc.

Members should keep a minimum of 15-20 titles on their rental shelves at all times to ensure optimum service. Rental selections do not have due dates, therefore title availability is never guaranteed.

Rental Shipping

Rental shipments are postage prepaid and take an average of 2-6 business days each way. Shipments are pre-sorted by UPS and then sent to local USPS outlets for regular home delivery.

Damaged/Lost Shipments

We allow a grace period of up to 10 business days for overdue shipments; contact us if your rental product has not arrived in this time frame.

If a shipment is substantially overdue en route or on return, an investigation with the mail service may be launched. If a shipment is then determined to be lost in the mail, you will not be held responsible and a replacement or your next item will be shipped as soon as possible. We reserve the right to suspend your subscription during a mail investigation or terminate your subscription in the case of suspected theft.

If a rental shipment arrives damaged, we will replace it as soon as possible. Contact us immediately to report the problem and arrange for a replacement.

If you lose or damage a shipment while it is in your possession, contact us as soon as possible to arrange its replacement. The replacement fee for any lost or damaged title is 80% of its retail cost.

Members are responsible for ensuring that the shipping address is correct and current. If a title is lost due to an incorrect or outdated address, you will be charged 80% of its retail cost for replacement.

Rental Gift Subscriptions/Gift Certificates

Gift subscriptions and cash value gift certificates cannot currently be applied to Playaway rental memberships.

Gift subscriptions and certificates purchased from Simply Audiobooks are non-refundable and, once redeemed, non-transferable.

Free Trials/Corporate Gifts/Limited Time Offers

In the case of a promotional Free Trial (via an affiliate, corporate gift card, or promo code) your subscription will automatically renew and your credit card will be charged on the day after your trial expires. You must cancel before the end of your Free Trial if you do not wish to be billed.

Free trials require a bare minimum of five titles on the rental shelf before an item will be shipped. All free trials begin the day the account is activated.

Membership dues, including promotional pricing and limited time offers, are subject to change at a pre-specified time, or at Simply Audiobooks’ discretion.

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

Rental Subscription Cancellation and Refund Policy

To cancel your subscription, please call Member Services at 1-877-554-4332 from 9 a.m. to 5 p.m. EST, Monday to Friday.

Cancellations are immediate upon confirmation and there will be no further shipments.

Cancelled rental subscribers must return all outstanding titles within 7 days of cancellation to avoid replacement charges. A title is determined to be outstanding if it shows as 'shipped' on your Rental Shelf. We do allow grace periods on a per-situation basis, however, if titles are not returned within a specified time frame, you will be charged for its replacement.

Simply Audiobooks grants refunds at our sole discretion. We do not offer refunds on any subscription charges. There are no refunds for partial months of service, even in the case of cancellation mid-billing cycle.

Terms of Use - General

Privacy and Security

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

Limitations on Liability

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. We make no representations or warranties of any kind on the Simply Audiobooks service, web site and site contents. In no event will we be liable to you for any special, incidental, indirect or consequential damages of any kind.

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

Last updated May 2009 © Simply Audiobooks, Inc.