Effective December 11, 2013
The Blackstone Audio Library Service.
This Site is for use by libraries and their employees. By using the Site, you will be able, amongst other things, to purchase print books, audiobooks, Playaways and related matter in print format, CD format, MP3 CD format, Playaway format and other possible formats (collectively, “Book Content”), as well as accessories and other products (collectively, “Products”). When you purchase Book Content and/or Products, you agree you will only use the Book Content for circulation within your library setting. Further, for audiobooks, Blackstone grants you a limited, revocable, nonexclusive, nontransferable, nonassignable, nonsublicensable license to play sound clips of up to 5 minutes from such audiobooks on your official library website and at events sponsored by the library and that take place on library property. You agree not to copy, reproduce, or duplicate the Book Content.
Any such unauthorized copy, reproduction, or duplication of any Book Content constitutes copyright infringement, breach of contract, and potential other liabilities, and may be subject to civil and criminal penalties.
Promotions and Offers.
Blackstone, in its absolute and sole discretion, reserves the right to deny and/or terminate access to the Site, refuse orders placed through the Site and remove or edit the content of the Site at any time and for any reason.
Use of Site.
In allowing you access to the Site, Blackstone is granting you a limited, revocable, nonexclusive, nontransferable, nonassignable, nonsublicensable license to use the Site solely for your use on behalf of your library.
You agree that your use of the Site and its Content will be in compliance with all applicable laws and regulations and that you will not use, or knowingly allow any other person to use, the Site or its Content for or in connection with any illegal purpose or activity.
You are responsible for all software, hardware, services (such as Internet service), and other equipment necessary to access and use the Site, including all related expenses, if any. By accessing the Site, you acknowledge and agree that you are solely and exclusively responsible for protecting your own computer, device and software in any and all respects.
You acknowledge that, because some aspects of Blackstone’s services, including the provision of certain types of Book Content and Products, and because administration of the Site entails the ongoing involvement of Blackstone, if Blackstone changes any part of or discontinues any service, which Blackstone may do at its election, you may not be able to purchase the same types of Book Content and Products as prior to such change or discontinuation, and Blackstone shall have no liability to you in such case.
Accuracy, Completeness and Timeliness of Information and Content on the Site.
Blackstone is not responsible if any information or Content available on the Site is not accurate, complete or current. Blackstone reserves the right to modify the Site and any Content at any time without notice, but has no obligation to update the Site or its Content. It is your responsibility to monitor changes to the Site. There may be times when the Site or certain features or parts of the Site become unavailable on an unscheduled basis. We will not be liable to you for any withdrawal, modification, unavailability, suspension, or discontinuance of the Site or any Book Content, Product, or service available on or through the Site on a temporary or permanent basis. There is no guarantee that Blackstone will continue to offer or provide the Site.
Third Party Links.
The Site may contain links to web sites of, and advertisements for, third parties. Blackstone has not reviewed all links and is not responsible or liable for any material, content, information, product, websites or web pages accessible from or through such links or advertisements. The inclusion of a link or advertisement does not imply endorsement of such link or advertisement by Blackstone. Your link to any third party site or advertisement is at your risk.
Copyrights and Trademarks.
All Content on the Site (including, without limitation, all graphics, artwork, logos, designs, images, audio clips, audiovisual clips, buttons, icons, digital downloads, interfaces, code and software, text and data compilations, as well as the selection and arrangement thereof) and the overall “look and feel,” color combinations, and other graphical elements of the Site are the exclusive property of and owned by Blackstone or its licensors or other suppliers (for purposes of this Copyrights and Trademarks Section, “Third Party Providers”) and is protected by United States and international copyright and other applicable laws.
All software used in connection with the Site is the property of Blackstone or its Third Party Providers and is protected by United States and international copyright and other applicable laws.
Trademarks, logos and service marks displayed on this Site are registered and unregistered marks of Company and/or the Third Party Providers and are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission.
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others, or otherwise cause damage to the Site or its Content. You agree not to use the Site in any manner that might interfere with the rights of third parties. You agree not to use the Site to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute, or otherwise make available any program, application, or service (including without limitation any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, or operation of, or interoperation with the Site. You agree not to attempt to access data or materials not intended for you; not to create a database by downloading and saving any Content on the Site, whether directly or through intermediaries; not to transmit, disclose, collect, or store personal information about others; not to log into a server or account that you are not authorized to access; and not to test the vulnerability of our network and/or security systems or otherwise breach or circumvent our security in any way. Although we attempt to prevent viruses and other malicious software from being passed along through the Site, you agree that protection of your own software, personal computer, and other devices from malicious software is your responsibility.
You may not use any manual or automatic website search/retrieval computer hardware or application to retrieve or in any way gather Site Content or reproduce or circumvent the structure or presentation of the Site without our prior written consent. As a limited exception, general purpose Internet search engines will be entitled to access the Site and use limited Content from the Site if, in all cases: (i) They provide a direct hyperlink to the relevant web page from the Site; (ii) they link to and use the Content solely in connection with their activities as a general purpose Internet search engine; and (iii) they access the Site from a stable IP address using an easily-identifiable agent. Blackstone may terminate this limited exception for general purpose Internet search engines at any time and in its sole discretion, upon written notice including, without limitation, email notice.
Blackstone reserves the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
You agree, warrant and represent that and any and all disclosures, comments, reviews, feedback, suggestions, ideas, and other submissions, including, without limitation, photos and queries (“Submissions”) submitted by you to or through the Site or that you post on or in connection with the Site (i) is exclusively owned or controlled by you; (ii) is accurate and does not violate the rights of, or cause injury to, any third party, including without limitation any third-party copyright, trademark right, right of privacy, right of publicity, or other personal or proprietary rights; (iii) is not illegal, obscene, defamatory or threatening; (iv) does not contain viruses or political content; and (iv) does not constitute any form of spam (including, without limitation, chain letters and mass mailings) or commercial solicitation. You must not use any false email address or other contact information, impersonate any person or entity, or otherwise mislead as to the origin of your Submissions. We reserve the right, but are not obligated, to monitor and to to remove or edit any or all of your Submissions. Blackstone takes no responsibility for and assumes no liability for and shall not be liable for any Submissions posted to the Site.
You are and shall remain solely responsible for the content of any Submissions which you make.
You grant Blackstone, gratis, an unrestricted, irrevocable, non-exclusive, transferable, sub-licensable (through multiple tiers of sublicensees), royalty-free, fully-paid-up, perpetual worldwide license to use any and all Submissions submitted by you to or through the Site or that you post on or in connection with the Site, for use in connection with our Site or our business generally (including for advertising and marketing purposes), and in connection with any media, whether now known or hereafter developed. This license includes, by way of example, the right to license, sublicense, modify, reproduce, edit, adapt, publish, translate, create derivative works from, distribute and display the Submissions at any time or to refrain from doing so for any reason or no reason whatsoever. This license also includes the right to use the name that you submit with your Submissions; but you acknowledge and agree that neither Blackstone nor its sublicensees is under any obligation to use your name or otherwise attribute the Submissions to you. This license is perpetual, even if you later remove your Submission from the Site, and you acknowledge and agree that we may still store and use your earlier Submission.
Blackstone is under no obligation to use any Submission or maintain any Submission in confidence or to pay to use or otherwise proffer compensation for any Submission. Blackstone may or may not prescreen Submissions, and Blackstone, in its sole and absolute discretion, may refuse to post your Submissions or may remove or edit Submissions at any time. Submissions posted by our Site users do not necessarily reflect our views. Your reliance on any Submissions will be at your own risk.
You acknowledge and agree that Blackstone may have something similar already under consideration or development, and Blackstone will own all right, title, and interest in and to what it creates or develops without use of your Submissions.
You acknowledge and agree that Blackstone shall have no responsibility or liability to you or any third party for any use or misuse of your Submissions by any other Site user or other third party.
You hereby fully indemnify and hold Blackstone and its subsidiaries, affiliates, licensors, service providers, subcontractors, and suppliers, and each of their respective officers, directors, members, shareholders, employees, representatives, and agents (collectively, the “Indemnitees”) harmless from and against any and all claims, losses and liabilities arising from the Submissions, our use of the Submissions, and each warranty and representation from you.
To buy products from the Site, you must register for an account through the Site. If you register for an account on the Site, you agree not to use a false or misleading name or a name you are not authorized to use. You must provide accurate and complete information for your account. Providing false, incomplete, or incorrect details may result in rejection of any orders you make. You are solely and exclusively responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree not to share your account or password with any third party. You agree to accept full and sole responsibility for all activities that occur under your account or password. You also agree to exit from your account at the end of each session. You must tell us immediately if you become aware of any unauthorized use of your account. We may suspend or terminate your account in such event.
Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying some current providers of such protections is available at: http://kids.getnetwise.org and http://onguardonline.gov. We do not endorse any of these products or services listed at these websites. Further, this notice shall not constitute an admission by us that any content on our Site is harmful to minors.
THE SITE AND THE CONTENT AND MATERIALS CONTAINED THEREIN AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLACKSTONE DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLACKSTONE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, ITS CONTENTS OR MATERIALS OR ANY INFORMATION OR SERVICES PROVIDED ON THE SITE OR THAT IS AVAILABLE THROUGH THE SITE.
IF YOU DOWNLOAD ANY CONTENT OR MATERIALS FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIALS. BY USING THIS SITE, YOU ACKNOWLEDGE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE AND/OR ITS CONTENTS; OR (2) EMAILS SENT FROM THE SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
TO THE FULLEST EXTENT ALLOWED BY LAW, THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, “RELEASEES”) DISCLAIM ANY LIABILITY AND/OR RESPONSIBILITY FOR THE ACCURACY, LIKELY RESULTS, RELIABILITY, AVAILABILITY, VIRUS-FREE ACCESS, COMPLETENESS, TIMELINESS, FUNCTIONALITY, LEGALITY OR OPERABILITY OF THE SITE, ITS CONTENT OR MATERIALS CONTAINED THEREIN. YOUR ACCESS TO THE SITE, CONTENT AND MATERIALS THEREIN IS SOLELY AT YOUR OWN RISK.
ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY LAW.
All BOOK CONTENT AND products purchased through the Site are subject only to the applicable warranties of their respective manufacturers, distributors, and suppliers, if any. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES WITH RESPECT TO THE BOOK CONTENT AND PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR BOOK CONTENT AND/OR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR AND TEAR, BOOK CONTENT AND/OR PRODUCT MISUSE, ABUSE, MODIFICATION, IMPROPER SELECTION, NONCOMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
In certain jurisdictions, the law may not permit the disclaimer of certain warranties, so the above disclaimer may not apply to you.
Limitations of Liability.
If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Company in the defense of such matter.
Claims Regarding Infringement.
Notice of Infringing Material:
To report a claim for copyright infringement under the U.S. Copyright Act, please provide our Designated Agent with written notification pursuant to 17 U.S.C. § 512(c) containing the following details:
(a) identification of the copyrighted work claimed to have been infringed, or, if multiple works are claimed to be infringed, a representative list of such works;
(b) identification of the claimed infringing material and the location of such material;
(c) your contact information, including your name, address, telephone number, and, if available, your email address;
(d) a statement that you have 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;
(e) a statement that, under the penalty of perjury, the information in the notification is accurate, and that you are the owner of, or are authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed; and
(f) your physical or electronic signature.
Our Designated Agent to receive notifications of claimed infringement is Contracts Administrator, Blackstone Audio, Inc., 31 Mistletoe Road, Ashland, Oregon 97520; email: firstname.lastname@example.org; Phone: 1-800-621-0182
If material that you have posted has been removed or access to such material has been disabled, you may send our Designated Agent written counter-notification pursuant to 17 U.S.C. § 512(g) containing the following details:
(a) 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;
(b) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(c) your contact information, including your name, address, telephone number and, if available, email address;
(d) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the Company may be found, and that you accept service of process from the person who provided the notification of infringement; and
(e) your physical or electronic signature.
Upon receipt of a counter notification by our Designated Agent, we may send a copy to the complaining party informing them that we may replace the removed material or cease disabling access to it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the party who originally provided the material, the removed material may be replaced, or access to it may be restored, at our sole discretion.
Blackstone has adopted a policy of terminating, in appropriate circumstances and in the sole discretion of Blackstone, any users who are deemed to be repeat copyright infringers. We may also in our sole discretion limit access to the Site and/or terminate the account of any member or user who infringes upon any intellectual property rights of others, whether or not there is any repeat infringement. IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Audit Rights and Enforcement.
Your Discontinued Use.
Notices and Electronic Communications.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Blackstone may provide notices to you by sending them to the email address associated with your account. Any notice sent to you by email will be deemed received when sent. We may also communicate with you by posting notices on the Site, and any such notice shall be deemed received when you visit the Site after we post such a notice. 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. Any notice that you send to Blackstone must be sent by mail to the following address or to such other address as we provide in a notice to you or on the Site: Customer Service, Blackstoneaudio.com, 31 Mistletoe Road, Ashland, Oregon 97520.
Governing Law and Jurisdiction.
Any claim relating to the Site shall be governed by the laws of the State of Oregon without regard to its (or any other jurisdiction’s) conflict of law provisions. For all such claims and disputes, you agree to the exclusive personal jurisdiction by and venue in the state and federal courts in Jackson County, Oregon, and waive any objection to such jurisdiction or venue. THE PARTIES HERETO EXPRESSLY AND IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY AND ANY OBJECTION (INCLUDING, WITHOUT LIMITATION, ANY OBJECTION TO THE LAYING OF VENUE OR BASED ON GROUNDS OF FORUM NON CONVENIENS) WHICH THEY MAY NOW OR HEREINAFTER HAVE TO THE BRINGING OF ANY ACTION OR PROCEEDING IN SUCH JURISDICTION IN CONNECTION WITH ANY CLAIM, DEMAND OR ACTION ARISING OUT OF THIS AGREEMENT.
Blackstone is not be responsible for any delay or failure in performance of any kind to the extent such delay or failure is caused by acts of God, information providers or other service providers, public enemy, war, terrorism, any civil or military authority, any accident, explosion, fire, storm, earthquake, flood, strike, riots, embargo, computer outage or virus, telecommunications failure or other casualty, labor dispute or any other circumstances beyond Blackstone’s reasonable control.
Questions or Comments?
For questions, comments, or assistance, Blackstone invites you to visit the FAQ section of the Site or to contact Blackstone at 1-800-621-0182 or write to us at
Customer Care, Blackstoneaudio.com, 31 Mistletoe Road, Ashland, Oregon 97520; email: email@example.com
© 2013. Blackstone Audio, Inc. All Rights Reserved.