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Audible Journey Members' Term of Service

The effective date of this Agreement is Oct 1, 2007.

By using the Audible Journey Services (as defined below) which are owned and operated by Infidian, LLC ("Audible Journey") and by accessing the Audible Journey website located at http://www.audiblejourney.com, and all linked pages owned and operated by Audible Journey (the "Audible Journey Site"), you agree to be bound by these terms of service, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, "Terms of Service").

Audible Journey's on-line services which are available at the Audible Journey Site will, among other things, help you find the walking tours you are looking for by allowing you to get reviews from other Audible Journey users, post and share your own reviews with other Audible Journey users, and view third party postings/reviews regarding similar businesses/services ("Audible Journey Services"). These Terms of Service set out the legally binding terms with respect to your use of and our provision of the Audible Journey Site and Audible Journey Services. Please read these Terms of Service carefully. Your access to or use of the Audible Journey Services constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, do not access or use the Audible Journey Services.

  1. Eligibility.
    You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Audible Journey Site and Audible Journey Services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Audible Journey Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use the Audible Journey Services. You must be 13 or older to use the site, in compliance with the Children's Online Privacy Protection Act (COPPA). By using the Audible Journey Site and/or Audible Journey Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The Audible Journey website is administered in the United States of America ("US"); users are responsible for compliance with any local laws applicable to their use of the service or the website.
  2. Changes to the Agreement or the Audible Journey Services.
    You agree and understand that these Terms of Service, the Audible Journey Site and the Audible Journey Services may be modified by Audible Journey at any time.

    If you have created an account with us by registering as described in Section 3 below, we will attempt to inform you of any modifications to these Terms of Service, the Audible Journey Site, or the Audible Journey Services that affect (a) your obligations to Audible Journey or our obligations to you, or, (b) any Premium Services (also as described below) that you are then receiving. We will attempt to inform you of such modifications either by sending you an email at the email address you provided as part of the registration process, or by a message to you at the time you log into the Audible Journey Site. If you do not agree with any such modifications, your sole remedy is the termination of your account with Audible Journey, which you may request by contacting us. Your continued use of the Audible Journey Services after receiving notice of any modifications indicates your acceptance of the modified Terms of Service.

    If you have not registered, and do not have an account with Audible Journey, any modifications to the Terms of Service will be effective as to you upon Audible Journey's posting of the new terms and/or upon implementation of the new changes on the Audible Journey Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Audible Journey Services after any modifications indicates your acceptance of the modified Terms of Service.

    Unless expressly stated otherwise by Audible Journey, any new features, new services, enhancements or modifications to the Audible Journey Services implemented after your initial access to the Audible Journey Services shall be subject to these Terms of Service.

  3. Registration and Security.
    In order to use or access some of the Audible Journey Services, you may be required to register with Audible Journey and to select a password, user name and an email address you own and use. During the registration process, you may be requested to provide certain information (e.g. your birthdate, gender, zip or postal code, name, e-mail address, country or territory of residence, and for paid services, credit card and billing information, such as your telephone number), and you agree to provide true, accurate, current and complete information about yourself as prompted by such process (such information being "Personal Information"). Audible Journey will use your Personal Information in accordance with its then-current privacy policy. Please review this privacy policy before you complete the purchase or registration process or attempt to use or access the Audible Journey Services. If any of your Personal Information changes (e.g., new credit card number, expiration date, new address or email address, new phone number, etc.), you must update that information in your account. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not: (i) establish more than one user name per valid email address you control, (ii) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (iii) use as a user name a name subject to any rights of a person other than yourself without appropriate authorization. The user name that you select must comply with the requirements for other Content, and such other policies for user names that Audible Journey may publish from time to time. Audible Journey reserves the right to refuse registration of, or cancel a user name and other elements of a user account in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your user name and password. Any user name and password provided to you for your access to the Audible Journey Services shall be for your personal use only. You agree to (a) immediately notify Audible Journey of any unauthorized use of your user name or password, and (b) ensure that you exit from your account at the end of each session.
  4. Premium Services.
    Some elements of the Audible Journey Services are available to any user, while other elements ("Premium Services") are only available to users who have purchased a subscription or one-time license for such Premium Services from Audible Journey according to these terms and conditions. Audible Journey may at any time, in its sole discretion, change a freely available element of the Audible Journey Services to a Premium Service, and vice versa. Audible Journey may, at its sole discretion, offer users a one-time, free trial period during which you may use Premium Service(s) for free. The time period of any such free trial period may vary from time to time, and will be indicated at the time you register as a user.

    If you elect to purchase to Premium Services, the fee will be the price specified at the time of purchase. You hereby agree to pay all charges incurred under your user name, including applicable taxes, in accordance with billing terms for access to a Premium Service that are in effect at the time that the fee or charge becomes payable. Your right to access the Audible Journey Services is subject to any limits established by Audible Journey or by your credit card issuer, billing service, or other payment methods authorized by Audible Journey. Audible Journey may, in its sole and absolute discretion, suspend or terminate your access to the Audible Journey Services and disable or delete your user account, if: (i) payment cannot be charged to your credit or debit card; or (ii) your charge is returned to Audible Journey for any reason. If at any time you have a balance due, you agree that Audible Journey can charge these unpaid fees to your credit card or debit them from your debit card, as applicable. You agree to reimburse Audible Journey for all costs and expenses incurred by Audible Journey in collecting payment due hereunder, including without limitation all bank or service charges, and any reasonable attorneys' fees.

    By purchasing any Premium Service you are representing to us that you are authorized to use the credit card you submit for payment. If you are a parent or guardian paying on behalf of a minor or other person, then you hereby agree to the terms of this Agreement and agree to take responsibility for the actions of such other person, any charges associated with that person's use of any of the Premium Services, and that person's compliance with this Agreement. You agree to take such steps as are appropriate to ensure such compliance and will indemnify and hold Audible Journey and Audible Journey's affiliates and distribution and syndication partners harmless from any breach of this Agreement.

    If you purchase an ongoing subscription to Premium Services, it will last for the period chosen in the subscription process (the "Term"). Unless notifying us of your decision to terminate your subscription, your subscription will automatically be renewed at the end of each Term according to the then-current billing terms. Audible Journey reserves the right to change the amount of, or basis for determining, any fees it charges, and to institute new fees, effective immediately upon notice to you. You may cancel your automatic subscription renewal by contacting support@audibleourney.com. Unless you are terminating your relationship with Audible Journey because you disagree with a modification of the Audible Journey Services, Audible Journey Site, or these Terms of Service, cancellation of any subscription to Premium Services will take effect upon the end of the then-current Term, at which time you will no longer have access to such Premium Services.

    In order to assure you uninterrupted service by renewing your membership automatically, your credit card information will be stored encrypted within our system. Your stored card information will be used only to purchase Premium Services or pay for other services or items you request.

  5. Use of the Site/Services.
    Subject to the restrictions on use and on posting set forth in this Agreement, you may: use the Audible Journey Services to post descriptions of tours (including dates, times, locations, neighborhoods, and categories provided by registered tour guides) and other services that you or others provide; use the Audible Journey Site to share reviews with other Audible Journey users; search the Audible Journey database for reviews and walking tour descriptions and contact information; invite people you know to join Audible Journey; and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the Audible Journey Services ("Content"), and other items displayed on the Audible Journey Site, for your own use. You may not copy or distribute any portion of the Audible Journey Site and/or Audible Journey Services for any purpose not authorized above without the express written permission of Audible Journey. Audible Journey does not control the Content posted by third parties via the Audible Journey Services, including the content of any tour descriptions and reviews, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Audible Journey Services you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Audible Journey be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. Without limiting the generality of the previous sentence, if you are a tour provider or owner of any other business reviewed on the Audible Journey Services, you agree that the Content for which Audible Journey disclaims responsibility includes any reviews of your business. You are responsible for complying with all laws applicable to the Content you submit via the Audible Journey Services. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.
  6. Restrictions on Rights to Use.
    You agree that you shall not (and you agree not to allow any third party to):
    • modify, adapt, translate, or reverse engineer any portion of the Audible Journey Site and/or Audible Journey Services;
    • remove any copyright, trademark or other proprietary rights notices contained in or on the Audible Journey Site and/or Audible Journey Services or in or on any Content or other material obtained via the Audible Journey Site and/or Audible Journey Services;
    • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Audible Journey Site and/or Audible Journey Services for purposes of constructing or populating a searchable database composed in whole or in part of walking tour information;
    • collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to share reviews posted on Audible Journey;
    • reformat or frame any portion of the web pages that are part of the Audible Journey Site and/or Audible Journey Services;
    • create user accounts by automated means or under false or fraudulent pretenses, or otherwise misrepresent your identity;
    • create or transmit unwanted electronic communications such as "spam" to other users or members of the Audible Journey Site and/or Audible Journey Services or otherwise interfere with other user's or member's enjoyment of the Audible Journey Site and/or Audible Journey Services;
    • transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
    • use of the Audible Journey Site or Audible Journey Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
    • copy or store any Content offered on the Audible Journey Site for other than your own use;
    • use any device, software or routine that interferes with the proper working of the Audible Journey Site and/or Audible Journey Services, or otherwise attempt to interfere with the proper working of the Audible Journey Site and/or Audible Journey Services;
    • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
    • use any Content marked as obtained from or belonging to Audible Journey except in compliance with the additional terms specified below;
    • use the Audible Journey Site and/ or Audible Journey Services, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
    • collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
  7. Content Posted By You on the Audible Journey Site.
    • You are solely responsible for any Content and other material that you submit, publish or display on the Audible Journey Site or transmit to other members and/or other website users (hereinafter, "Posted Content").
    • You expressly acknowledge and agree that any Posted Content is a public, not a private, communication, and Audible Journey has no confidentiality obligations with respect to any Posted Content.
    • You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
    • You may not provide any Posted Content that falsely express or imply that such Content or material is sponsored or endorsed by Audible Journey.
    • You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
    • You understand and agree that Audible Journey may, but is not obliged to, review and delete any Posted Content that in the sole judgment of Audible Journey violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Audible Journey Site and/or other website users.
    • You are solely responsible for your ratings and reviews of walking tours and businesses listed on Audible Journey. Audible Journey reserves the right, but has no obligation, to monitor disputes between you and any entity that you have reviewed or any other third party.
    • If you are a tour provider or owner, employee, or affiliate of any other business reviewed on the Audible Journey Services, you are free to respond to reviews of that business, provided that you clearly identify your affiliation with that business.
    • Unless you are responding to a review of your business, if you are a posting a review of a tour provider or other business, you warrant that: (a) you do not have a social or family relationship with any owner or employee of that tour provider or other business; (b) you have not received payment, credit or other compensation or inducement in exchange or in connection with posting that review; (c) you do not have a direct or indirect financial relationship with that tour provider or business beyond the customer relationship; and (d) you have in fact received services from that tour provider or business.
    • Unless you are responding to a review of your business, if you are an owner or employee of a tour provider or business posting a peer recommendation, you warrant that (y) you have not received payment or other compensation of any kind in exchange or in connection with posting that recommendation; and (z) you do not have a direct or indirect financial relationship with the reviewed tour provider or business.
    • You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.
    • By providing Posted Content to the Audible Journey Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Audible Journey, its contractors, and the users of the Audible Journey Site an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content.
    • The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the Audible Journey Site. Audible Journey reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Audible Journey Services and terminating the membership of such violators or blocking your use of the Audible Journey Services and/or Audible Journey Site. You may not post Content that:
      • is false or intentionally misleading;
      • is patently offensive to users of the Audible Journey Site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      • harasses or advocates harassment of another person;
      • involves the transmission of unsolicited mass mailing or "spamming";
      • violates the intellectual property or other rights of any person;
      • promotes illegal activities or conduct that is abusive;
      • is threatening, obscene, defamatory or libelous;
      • is pornographic or sexually explicit in nature; and
      • seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
  8. Copyright Dispute Policy.
    Audible Journey has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Audible Journey's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.
    • Audible Journey Policy.
      It is Audible Journey's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.
    • Procedure for Reporting Copyright Infringements.
      If you believe that material or Content residing on or accessible through the Audible Journey Site or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):
      • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
      • Identification of works or materials being infringed;
      • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Audible Journey is capable of finding and verifying its existence;
      • Contact information about the notifier including address, telephone number and, if available, email address;
      • A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
      • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
    • Upon Receipt of a Bona Fide Infringement Notification.
      Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is Audible Journey's policy:
      • to remove or disable access to the infringing material;
      • to notify the Content provider, member or user that it has removed or disabled access to the material; and
      • that for repeat offenders, Audible Journey will also terminate such Content provider's, member's or user's access to the service.
    • Procedure to Supply a Counter-Notice to the Designated Agent.
      If the Content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
      • A physical or electronic signature of the Content provider, member or user;
      • Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
      • A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
      • The Content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which Audible Journey is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
    • Removal.
      If a counter-notice is received by the Designated Agent, Audible Journey may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Audible Journey's discretion.
    • Address for Designated Agent. Please contact Audible Journey's Designated Agent to Receive Notification of Claimed Infringement at the following address:

      Anthony Stevens
      Copyright Agent, Audible Journey
      420 Mangels Ave, San Francisco, CA 94127

      Contact Us

  9. Venue Only.
    If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Audible Journey Services, such activity is solely between you and the applicable third party. Audible Journey shall have no liability, obligation or responsibility for any such activity. You hereby release Audible Journey from all claims arising from such activity. Without limiting the generality of the foregoing, Audible Journey wishes to remind its users that many of the services described or advertised in the Audible Journey Services involve in-person interactions in unfamiliar surroundings, and that individuals should use the same degree of caution they would use in any similar situation.
  10. U.S. Government Restricted Rights.
    All Content supplied by or through the Audible Journey Services are provided with "RESTRICTED RIGHTS." use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR52.22724 and DFAR252.227-7013 et seq. or its successor. Use of any of such by the Government constitutes acknowledgment of our or our suppliers' proprietary rights in them. In the event that the Agreement, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.
  11. Privacy.
    Use of the Audible Journey Site and/or the Audible Journey Service is also governed by our Privacy Policy, a copy of which is currently located at http://www.AudibleJourney.com/privacyPolicy.do
  12. Term.
    These Terms of Service will remain in full force and effect while you use the Audible Journey Site and/or Audible Journey Services. Either Party may terminate these Terms of Service for any reason, at any time. Sections 8 through 19 shall survive any termination or expiration of these Terms of Service.
  13. Ownership.
    The Audible Journey Site and Audible Journey Services (including, but not limited to, text, photographs, graphics, video and audio Content) are protected by copyright as collective works or compilations under the copyright laws of the United States and other countries. All individual articles, Content and other elements comprising the Audible Journey Site and Audible Journey Services are also copyrighted works. Except for the Content submitted by members or users, the Audible Journey Services and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by Audible Journey or its licensors. You acknowledge that the Audible Journey Services and any underlying technology or software used in connection with the Audible Journey Services contain Audible Journey's proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Audible Journey Site, or Audible Journey Services in whole or in part except as expressly provided in Audible Journey's policies and procedures made available via the Audible Journey Services. Except as expressly and unambiguously provided herein, Audible Journey and its suppliers do not grant you any express or implied rights, and all rights in the Audible Journey Services not expressly granted by Audible Journey to you are retained by Audible Journey.
  14. Disclaimer.
    THE AUDIBLE JOURNEY SITE IS PROVIDED BY AUDIBLE JOURNEY ON AN "AS IS" BASIS. AUDIBLE JOURNEY AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE AUDIBLE JOURNEY SITE, AUDIBLE JOURNEY SERVICES OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE AUDIBLE JOURNEY SITE OR IN ASSOCIATION WITH THE AUDIBLE JOURNEY SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AUDIBLE JOURNEY AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AUDIBLE JOURNEY AND ITS LICENSORS AND AFFILIATES FURTHER EXPRESSLY DISCLAIM ANY WARRANTY WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE AUDIBLE JOURNEY SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. AUDIBLE JOURNEY IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE AUDIBLE JOURNEY SITE. Audible Journey does not warrant or covenant that the Audible Journey Services will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Audible Journey Services are free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the Audible Journey Services is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM AUDIBLE JOURNEY, THE AUDIBLE JOURNEY SITE OR THROUGH OR FROM THE AUDIBLE JOURNEY SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
  15. Limitation on Liability.
    WITHOUT LIMITING THE FOREGOING, AUDIBLE JOURNEY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AUDIBLE JOURNEY'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO AUDIBLE JOURNEY FOR THE AUDIBLE JOURNEY SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
  16. Indemnity.
    You agree to indemnify and hold Audible Journey, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Audible Journey Site, (ii) your use of the Audible Journey Services, (iii) the violation of these Terms of Service by you, or (iv) the infringement by you, or any third party using your account or user name or password, of any intellectual property or other right of any person or entity.
  17. Miscellaneous.
    If there is any dispute about or involving the Audible Journey Site and/or the Audible Journey Services, by using the Audible Journey Site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind Audible Journey in any respect whatsoever. Audible Journey may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Audible Journey Services. These Terms of Service, accepted upon use of the Audible Journey Site, and all terms, guidelines and rules referenced herein contain the entire agreement between you and Audible Journey regarding the use of the Audible Journey Site and/or the Audible Journey Services. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by you except with Audible Journey's prior written consent. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service include Audible Journey's Privacy Policy, and any notices regarding the Audible Journey Site.
  18. Contact and Violations.
    Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service by contacting us.
  19. Mark.
    Audible Journey and Know Anywhere are a proprietary service marks of Audible Journey Inc.