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TERMS OF USE

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Acceptance of the Terms of Use

It is important that you read all the terms and conditions of the following Terms of Use (“Terms”) carefully as they form a binding agreement between you and us. Except as otherwise provided in the section titled “Arbitration Agreement,” for purposes of these Terms, the words “Litvideobooks.com,” “we” and “us” refer to LIT Books, Inc..

The following specifies the terms and conditions under which you may use any Litvideobooks.com website or mobile application that includes a link to these Terms (“Application”) or any product, service or content provided through such website or Application (collectively, the “Services”). By using, visiting, browsing or downloading the Litvideobooks.com website, the Application or any Services, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Litvideobooks.com website, Application or Services. Litvideobooks.com may revise these Terms at any time by updating the Terms on our site and any applicable Application. Continued use of the Litvideobooks.com website, Application or Services following such posting constitutes your acceptance of the revisions to the Terms. You should visit this page periodically to review the Terms.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE, APPLICATION OR SERVICES.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: AS FURTHER EXPLAINED IN THE SECTION OF THESE TERMS TITLED “ARBITRATION AGREEMENT,” YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE WAIVE YOUR RIGHTS TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Litvideobooks.com Requirements

You must be at least 18 years old, or have parental permission to use the Services.

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

You agree to provide accurate and up-to-date essential personal information, and agree to keep such information up-to-date on your "Account" page.

The Services are available internationally; however, the library of available content may vary by region based on distribution rights on a per-title basis.

Copyright Laws and Intellectual Property Rights

Content from the Services 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 non-commercial purposes without the express prior written consent of Litvideobooks.com. Any collection and use of any product listings, descriptions, or prices; any derivative use of this site 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 is prohibited.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

It is Litvideobooks.com’s policy to terminate access to Applications and Services of any member who repeatedly infringes copyrights upon prompt notification to Litvideobooks.com by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Litvideobooks.com’s Copyright Agent for notice of claims of copyright infringement is as follows: copyrightinfo@litvideobooks.com

Gift Codes and Promotional Codes Terms of Use

Gift codes must be redeemed at Litvideobooks.com and may be used only for Litvideobooks.com Services. Gift codes do not expire and are not subject to any dormancy fee or other fees for non-use. Gift code recipients must have or open an Litvideobooks.com account to redeem the gift code. To view gift code balances and status you should visit your "Account" section of the Litvideobooks.com site. Litvideobooks.com may, in its discretion, advise the purchaser when the gift code has been redeemed by the recipient. Gift codes cannot be used to purchase other Gift codes. Gift codes cannot be resold, transferred for value, redeemed for cash or applied to any other Litvideobooks.com account, except where required by law.

Promotional codes ("Promo Codes") are for promotional use only and are void where prohibited by law. Promo Codes must be redeemed at Litvideobooks.com and are only redeemable for the promotion outlined in the promotional offer. Promo Codes expire as indicated on the terms transmitted with the Promo Code. Promo Codes may be subject to additional terms and conditions presented with the Promo Code. Promo Codes recipients must have or open an Litvideobooks.com account to redeem Promo Codes. Promo Codes cannot be used to purchase other Promo Codes. Promo Codes are only valid for one time use. Promo Codes cannot be resold, transferred for value, redeemed for cash except where required by law. Resale of a Promo Code or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited.

Promo Code and Gift Code General Terms

Risk of Loss - The risk of loss and title for Gift Code or Promo Codes pass to the purchaser upon Litvideobooks.com’s electronic transmission to the purchaser or recipient, whichever is applicable. Litvideobooks.com is not responsible if a Gift Code or Promo Code is lost, stolen, destroyed or used without your permission.

Fraud - Litvideobooks.com will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift Code or Promo Code is redeemed and/or exchanged for Litvideobooks.com products and services.

Limitation on Liability - Litvideobooks.com disclaims all warranties, express or implied, with respect to Gift Codes and Promotional Codes, including, without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a Gift Code or Promotional Code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such Gift Code or Promotional Code. 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.

Arbitration Agreement

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us.

Applicability of Arbitration Agreement. You agree that any dispute or claim between you and us relating in any way to the these Terms, the Litvideobooks.com website, the Application, the Services or any Litvideobooks.com advertising will be resolved by binding arbitration, rather than in court, except that (1) you or we may assert claims in small claims court if the claims qualify and remain in such court; and (2) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, the terms “we,” “us” and “Litvideobooks” mean LIT Books, Inc. and any of its predecessors, successors, assigns, parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of the Services.

Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at the following address: LIT Books, Inc., 205 Hudson Street, 8TH Floor, New York, NY 10013. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. Any arbitration of a dispute relating to your use of the Services primarily for personal, family or household purposes shall also be subject to the allocation of arbitration costs and other requirements of the JAMS’ policy regarding Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness available at https://www.jamsadr.com/consumer-minimum-standards/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay any applicable JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Litvideobooks.com will pay them for you. In addition, Litvideobooks.com will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. If you are a consumer user of our Services residing in California, we waive any rights to recover costs or attorney’s fees as a prevailing party in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Litvideobooks. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

Waiver of Jury Trial. YOU AND LITVIDEOBOOKS WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY FOR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT. You and Litvideobooks.com are instead electing that all such claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding anything to the contrary in this Arbitration Agreement, if a decision is issued stating that applicable law precludes enforcement of any limitations stated in this subsection titled “Waiver of Class or Other Non-Individualized Relief” as to a given claim for relief, then that claim and only that claim for relief must be severed from the arbitration and brought in the United States district court for the Southern District of New York or a court of competent of jurisdiction in New York County, New York. All other claims shall be arbitrated.

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: 205 Hudson Street, 8TH Floor, New York, NY 10013, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Severability. Subject to the severability provision specified in the subsection headed “Waiver of Class or Other Non-Individualized Relief,” if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Litvideobooks.com.

Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Litvideobooks makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Litvideobooks at the following address: 205 Hudson Street, 8TH Floor, New York, NY 10013.

Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without regard to the conflict of laws provisions thereof, and the United States of America, including the Federal Arbitration Act. You agree that, with the exception of claims subject to arbitration, any dispute between you and us arising from or relating to the subject matter of these Terms of Use must be brought in the United States district court for the Southern District of New York or the state courts of New York County, New York, and you and we submit to the personal jurisdiction of the foregoing federal and state courts.

Prohibitions and Restrictions

You may only use the Services for your own individual, personal and noncommercial purposes and you agree that you will not:

  • Use the Services or related content to reproduce copyrighted materials
  • Copy, store, edit, change, prepare any derivative work of or alter in any way the Services or related content
  • Auto-scrape the Litvideobooks.com website or Application
  • Download or consume content by means other than the Litvideobooks.com proprietary software
  • Make the Services or related content available over a network (other than Litvideobooks.com's network) where it could be used by others
  • Provide your password to any other person
  • Share video content with another person unless permitted by Litvideobooks.com
  • Translate, reverse engineer, decompile, disassemble, modify or create derivative works based on content available through the Services, or any portion of them for your own personal or commercial use, except as expressly allowed under applicable law and these Terms
  • Rent, lease or sublicense, sell, transfer, distribute or publicly perform the Litvideobooks.com content in any manner and you will not exploit it commercially
  • Improperly interact with Customer Service employees over email, telephone or in-app live chat; these include but are not limited to: verbal or written harassment, sexual solicitation, and uttering threats
  • Use the Services in any way that violates these Terms.
Privacy and Security

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. View our Privacy Policy here.

Limitations on Liability

We reserve the right to terminate or restrict your use of our Services, without notice or further liability, as set forth in these Terms of Use or if we determine, in our sole discretion, that you have breached or will likely breach any of these Terms of Use, including failure to pay your invoice on time, not following Customer Service instructions, or otherwise in our sole discretion. If we do terminate the provision of Services, we also reserve the right to refuse you as a customer, in our sole discretion.

We make no representations or warranties of any kind on the Litvideobooks.com Services, web site, Application and related content. In no event will we be liable to you for any special, incidental, indirect or consequential damages of any kind.

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

Purchases of Litvideobooks.com Content

When you purchase Litvideobooks.com content, Litvideobooks.com grants you a limited, revocable, non-exclusive, non-transferable license to download or stream Litvideobooks.com content to your device(s) solely for your personal non-commercial use. You will not sell, transfer, lease, modify, distribute or publicly perform the Litvideobooks.com content in any manner and you will not exploit it commercially. You agree to not decompile, disassemble, or reverse engineer the Litvideobooks.com content, or modify the Litvideobooks.com content or create any derivative works therefrom. The license to the Litvideobooks.com content you purchase will continue for as long as your copy of Litvideobooks.com content exists pursuant to these Litvideobooks.com Purchase Terms and Conditions.

With respect to all "A La Carte" purchases, except where noted otherwise, any list price displayed represents the full retail price listed on the Litvideobooks.com content itself, as determined by Litvideobooks.com or estimated in accordance with standard industry practice or the estimated retail value for a comparably featured item offered elsewhere. Prices of all Litvideobooks.com content are subject to change at any time in Litvideobooks.com's sole discretion. All such pricing changes will be posted to the Litvideobooks.com site.

You bear all risk of loss for completing the download of Litvideobooks.com content after purchase, once we have made such content available to you and for any loss of Litvideobooks.com content you have downloaded, including any loss due to a file corruption or a computer or hard drive crash. Purchased Litvideobooks.com content may become unavailable due to potential licensing restrictions or other reasons and Litvideobooks.com will not be liable to you if Litvideobooks.com content becomes unavailable for further download.

With respect to all “Subscription” purchases, a Subscription entitles You to access Litvideobooks.com’s digital library of content during the subscription period. If you select a Subscription with an auto renewal feature (“Recurring Subscription”), you authorize Litvideobooks.com to maintain your account information and charge that account automatically upon the renewal of the Subscription you choose with no further action required by you. In the event that Litvideobooks.com is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, Litvideobooks.com, may, in its sole discretion: (i) bill you for your Subscription and suspend your access to the Subscription until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.

Litvideobooks.com may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by canceling your Recurring Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.

Payments are nonrefundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time by emailing support@litvideobooks.com or by any method permitted by Litvideobooks.com, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Litvideobooks.com may offer a trial Subscription (“Trial”) for a specified period of time. By signing up for a free trial you agree that at the end of the trial period if you have not canceled your subscription you will be charged for an annual subscription. Trials may be canceled at any time. Each account is only eligible for one Trial offer. If we offer You a Trial, additional terms of Your Trial may be provided at signup and/or in the promotional materials describing the Trial.

Litvideobooks.com may offer a gift Subscription (“Gift Subscription”). If You purchase a Gift Subscription the recipient will receive a non-renewing Subscription unless otherwise stated. Upon purchase, Litvideobooks.com will send the recipient an email with a temporary account password. The term of such Subscription will commence upon the sending of such temporary account to the recipient. Gift subscriptions are non-refundable and non-transferable to a different recipient.

Litvideobooks.com reserves the right to modify or withdraw at any time any Subscription content from access by You for any other reason. If Litvideobooks.com removes or deletes a particular piece of Subscription content, Litvideobooks.com reserves the right to revoke Your access to the content. If Litvideobooks.com revokes Your access, Litvideobooks.com may provide a refund to You or offer You another form of compensation at Litvideobooks.com’s sole discretion.

Videobook Reviews Policy

We encourage all of our customers to write a review of their recent listens. In order to keep discussions respectful and to guard against spam and abuse, our team evaluates every review. We have zero tolerance for any reviews that are deemed threatening or offensive in any way (e.g. sexist, racist, profane, graphic, violent, derogatory, defamatory, etc.). We will also remove reviews that are not pertinent to the videobook at hand or serve merely as non-constructive insults to authors, interviewees, actors, or Litvideobooks.com. Our intention is never to censor opinions, but inappropriate or non-constructive reviews will be removed at the sole discretion of the Litvideobooks.com team. If your review is approved, it will appear live on the Litvideobooks.com website and app within three (3) business days of approval.