1. Acceptance of Terms

This Terms of Use (this “TOU”) describes the terms and conditions applicable to your access and use of the Site and the web store (the “Web Store”) that sells “Libro.fm” audiobooks (the “Products”) or software made available through or in connection with the Site (collectively, the “Libro.fm Libro.fm Service”). This TOU sets forth the terms and conditions under which access to the Site and the Libro.fm Service is provided to you by Libro.fm, Inc.

By using any of the Libro.fm Service, or by creating a user account, you signify your acceptance of these Terms of Use, as they may be amended by Libro.fm from time to time in its sole discretion. 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. If you are younger than 18 years old, you must get permission from a parent or guardian to open an account and your parent or guardian must agree to these Terms of Use. If you do not agree to these Terms of Use, then you must cease using the Libro.fm Service.

2. Requirements

Before you can use the Libro.fm Service, you must agree to this TOU and the Privacy Policy, which you will be deemed to have done by utilizing the Libro.fm Service. These requirements may change as the Libro.fm Service evolves over time. You are responsible for any Internet connection fees or data fees that you incur when accessing the Libro.fm Service.

3. Payment Terms

By subscribing for, ordering and/or purchasing any subscription, audiobook download or other paid services, you agree to be bound by and accept the Payment Terms. The Payment Terms are subject to change without prior notice at any time, at Libro.fm’s sole discretion. You should review the Payment Terms each time you subscribe for, order and/or purchase any subscription, audiobook download or other paid services offered by Libro.fm, which are subject to these TOU. The Payment Terms are incorporated into these TOU by this reference.

After you place an order we will review the information you provided for validity by verifying your method of payment, billing and/or shipping address. Orders may not be accepted for delivery to certain addresses and territories based upon your location.

Libro.fm does sell products through its Web Store for children, but only to adults, who can purchase with a credit card or other permitted payment method as described above.

We accept various payment methods for Product purchases through our Web Store, including various credit cards and debit cards. We will bill your payment method when you place an order for a Product through the Libro.fm Service. Libro.fm will not fulfill any Product order without authorization validation of your purchase from your payment method.

Since all our audiobooks are DRM-free, we cannot accept returns or grant refunds. That said, we want you to be happy with your Libro.fm experience so please contact us within 30 days if there is a technical issue, payment error, or defective audiobook.

4. Termination of Libro.fm Service

Libro.fm reserves the right to deny Libro.fm Service to any person at Libro.fm's sole and absolute discretion. The Libro.fm Service is offered with the understanding that Libro.fm may terminate your access to the Libro.fm Service at any time, for any reason or no reason, including without limitation for any violation of this TOU. Libro.fm may stop offering and/or supporting the Libro.fm Service or any portion thereof at any time.

5. 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"). While your use of the Social Network Features is governed by this TOU, 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.

6. Intellectual Property

  1. 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 laws. You may not use, 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' express prior written permission.
  2. Libro.fm respects the intellectual property rights of others, and requires that the people who use the Site and the Libro.fm Service do the same.

7. Location

Libro.fm administers and operates the www.Libro.fm Site from the United States; other Libro.fm Sites may be administered and operated from various locations outside 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.

8. Disclaimer of Warranties

To the maximum extent permitted by law, the site and Libro.fm service are provided on an "as is" and "as available" basis for your use, without warranties of any kind, either express or implied, including without limitation the 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.

9. Dispute Resolution Procedure

You agree that, in the event any dispute or claim arises out of or relates to your use of the Service Applications or the Libro.fm Service such dispute or claim shall be resolved in accordance with the following escalation procedure:

  • (a) you and Libro.fm will attempt in good faith to negotiate a written resolution of the matter directly between the parties;
  • (b) if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in non-binding mediation services in Washington State with a mutually agreed mediator in an attempt to resolve the dispute;
  • (c) if the parties are unable to resolve the dispute following referral of the matter to mediation then they shall be free to pursue such other remedies as may be available under applicable law or these TOU
  • (d) should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them. You further agree not to bring claims on a representative, class member basis, or as a private attorney general. In the event any litigation is brought by you or Libro.fm in connection with these TOU, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

10. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend and hold Libro.fm and the Related Parties 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 this TOU or any other policies that Libro.fm may issue for the Site and/or Libro.fm Service from time to time.

11. Applicable law

By using the Libro.fm Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Washington, without regard to principles of conflict of laws, will govern these TOU and any dispute of any sort that might arise between you and Libro.fm.

12. Questions

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