Talking Pages
Terms and Conditions
By visiting the Talking Pages Web Site and using Talking Pages' services, you agree to the following terms of use and acknowledge the following legal restrictions. Please read them carefully:
Lending Policies
Talking Pages allows you to borrow audio books via the Internet. In
consideration for the Talking Pages services, you agree that: (1) you will read
and abide by our Privacy Policy; (2) if you choose
to submit information, you will provide true, accurate, current, and complete
information as prompted by the pages of the Talking Pages Web Site; and (3) you
will abide by these Terms of Use, the operating rules and policies of Talking
Pages posted on this site, and any updates or revisions thereto. You are
responsible for maintaining the secrecy of your passwords, login, and account
information. You will be accountable for all uses of the Web Site by
you and anyone using your password and login information
Delivery and Return of Borrowed Audio Books
We use the U.S. Postal Service, first-class postage prepaid, to deliver and return the audio books you have selected to borrow. Actual delivery times may vary for you depending on (i) our inventory availability, (ii) your delivery address, (iii) when you place your order and (iv) circumstances impacting delivery by the U.S. Postal Service. We will send you an e-mail letting you know when we have shipped your audio book. Users of Talking Pages may borrow up to four selections at a time. Users of Talking Pages who either fail to return any part of an audio book recording or damage any part of such a recording will be obligated to reimburse Talking Pages for a replacement audio book and may be prohibited from using Talking Pages.
Copyrights and Trademarks
All users acknowledge that the Talking Pages audio books lending library contains recordings protected by third party copyrights and trademarks. All users of Talking Pages may not copy, modify, publish, transmit, or sell the audio books borrowed via the Talking Pages Web Site.
Links to Other Web sites
The Talking Pages Web Site may contain links to other Web Sites. These links are
provided as a convenience for our users. The use of these links may take you to
another Web Site. Talking Pages has not reviewed the content, processes, or
privacy practices of these third party sites and is not responsible for any
content or activity that may take place on such a site. As such, Talking Pages
is not responsible for the privacy policies, practices or content of Web Sites
with links on our Web Site. Accessing a third party Web Site through a link on
the Talking Pages Web Site is done entirely at your own risk.
Disclaimer
TALKING PAGES IS PROVIDING THIS WEB SITE AND ITS CONTENTS ON AN "AS IS" AND "AS
AVAILABLE" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED. TALKING PAGES DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED
OR IMPLIED, INCLUDING BUT NOT LIMITED TO (1) ANY WARRANTIES AS TO THE
AVAILABILITY, ACCURACY, COMPLETENESS OR CURRENTNESS OR RELIABILITY OF THIS SITE
OR THE CONTENT AVAILABLE ON THIS SITE; (2) ANY WARRANTIES THAT ACCESS TO THE
SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT ANY SOFTWARE
DEFECTS WILL BE CORRECTED; AND (3) THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Information is subject to change without notice. Talking Pages, Inc., its
officers, trustees, employees or other representatives shall not be liable for
any damages arising out of or in connection with the use of this Web Site. This
is a comprehensive limitation of liability that applies to all damages of any
kind, including (without limitation) compensatory, direct, indirect,
consequential, special, or incidental damages resulting from the access to or
use of the site. Please note that some jurisdictions do not allow the exclusion
of certain warranties, so some of the above exclusions may not apply to you.
Limitation of Liability
IN NO EVENT WILL TALKING PAGES, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED
ON THE TALKING PAGES SITE BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED
TO THOSE RESULTING FROM LOST PROFITS, BUSINESS INTERRUPTION, OR INFRINGEMENT,
ARISING OUT OF THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE, ANY
WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY
OR ALL SUCH WEB SITES. THIS LIMITATION SHALL BE APPLICABLE WHETHER A CLAIM IS
BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT
TALKING PAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Please note
that applicable law may not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to
you.
Applicable Laws
The Talking Pages Web Site is operated from Watchung, New Jersey. Access to the
Talking Pages Web Site content and services may be illegal in certain
territories outside of the United States and Talking Pages makes no
representation that such access is appropriate or available. Access to the
Talking Pages Web Site is strictly prohibited where access originates in any
territory where Talking Pages Web site content and services is deemed illegal.
Any access to the Talking Pages Web Site from outside the United States is done
on your own initiative and you are responsible for compliance with all
appropriate and applicable laws. Talking Pages will not ship audio books outside
of the United States. These Terms of Use will be governed by and construed in
accordance with the laws of the State of New Jersey, notwithstanding any effect
given to any principles of conflicts of laws.
Location of Lawsuit
You expressly agree that any claim or action arising out of or relating to these
Terms of Use or your use of the Talking Pages Web Site shall be filed only in
the state or federal courts located in the State of New Jersey, and you further
agree and submit to the exercise of jurisdiction of such courts for the purpose
of litigating any such claim or action.
Timing of Lawsuit
You expressly agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to these Terms of Use or your
use of the Talking Pages Web Site must be filed within one year after such claim
or cause of action arose or be forever barred.
Severability and Integration
If any provision of these Terms of Use shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from these
Terms of Use and shall not affect the validity and enforceability of any
remaining provisions. This is the entire agreement between the parties with
respect to the Talking Pages Web Site.
Revisions to Terms
Talking Pages reserves the right to update and revise these Terms of Use and
Legal Notice at any time. If we update or revise these Terms, we will provide
you with reasonable notice on our Web Site or through some other method. Because
these Terms, and any update or revision of these Terms, apply to you anytime you
visit the Talking Pages Web Site, you should visit this page from time to time
to review the then-current Terms of Use.
Limitations on Use
You must be 18 years of age or older to use the Talking Pages service.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without
notice, for any or no reason whatsoever.
Modifications to Service
Talking Pages reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, its services (or any part thereof)
with or without notice. You agree that Talking Pages shall not be liable to you
or to any third party for any modification, suspension or discontinuance of the
Service.
Your Conduct on the Talking Pages Web Site
By accessing the Talking Pages Web Site, you agree not to upload, post, email or
otherwise send or transmit any material that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment associated with the Talking Pages Web Site. You also agree not to
interfere with the servers or networks connected to the Talking Pages Web Site
or to violate any of the procedures, policies or regulations of networks
connected to the Talking Pages Web Site, the terms of which are incorporated
herein. You also agree not to impersonate any other person while using the
Talking Pages Web Site, conduct yourself in a vulgar or offensive manner while
using our service, or use the Talking Pages Web Site for any unlawful purpose.
Talking Pages does not authorize the use of "robots" or "spiders" or any other
automated device to monitor or copy Talking Pages Web Site content without the
approval and expressed written permission to do so.
Talking Pages will not release information about you to third parties, unless required by law. The personal information that we collect from you online is stored by Talking Pages in databases protected through a combination of physical and electronic access controls, firewall technology and other reasonable security measures. Nevertheless, such security measures may not prevent all loss, misuse or alteration of personal information and we are not responsible for any damages or liabilities relating to any such security failures.
LAST UPDATED: JULY 16, 2004 Back to Top