Terms & Conditions

gotmyaudio.com Conditions of Use

Welcome to gotmyaudio.com ("gotmyaudio.com" or the "Site"). GotMyAudio (GMA) provides website features to you subject to the following conditions of use ("Conditions of Use"). If you visit or buy audiobooks or related products at gotmyaudio.com, you accept these Conditions of Use. Please read them carefully. In addition, when you use any current or future GMA service you will also be subject to the guidelines, terms and agreements ("Terms") applicable to such service. If these Conditions of Use are inconsistent with such Terms, the Terms will control.

THE GMA SERVICE

The GMA Service permits users to purchase proprietary licensed and original audio content ("GMA Service"), including books, original ‘audio movies’ and features, and classic radio recordings (collectively, "GMA Content") through various means (including the Site and any other domain names as may be operated, acquired, or used from time to time by GMA, wired and wireless connections, and telephony based networks) and playback such GMA Content on a computer or other hardware device. You must be at least eighteen years old and have Internet access, a valid email address, and a valid credit card or check card to use the access and/or purchase GMA Content.

PRIVACY

Please review our Privacy Notice, which also governs your visit to gotmyaudio.com, to understand our practices.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our GMA Purchase Terms and Conditions, which governs any purchase you may make from the Site. We reserve the right to make changes to the Site, its policies, and these Conditions of Use at any time. Your continued use of this Site following any changes will indicate your acceptance of these changes. If you do not agree to any change to these Conditions of Use or any other policy posted on this Site, you must immediately stop using this Site. If any condition or term set forth in any policy on the Site or in these Conditions of Use shall be deemed invalid, void, or for any reason unenforceable, that condition or term shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

ELECTRONIC COMMUNICATIONS

When you visit gotmyaudio.com or send e-mails to us, you are communicating with us electronically. By doing so you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. 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.

Your consent to electronic agreements is necessary for use of the GMA Service. You may withdraw consent by sending GMA an e-mail; however, this will result in the termination of your ability to use the GMA Service.

COPYRIGHT

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and GMA Content, is the property of GMA or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of GMA and is protected by U.S. and international copyright laws. All software used on this Site is the property of GMA or its software suppliers and is protected by United States and international copyright laws.

TRADEMARKS

GotMyAudio, gotmyaudio.com, GMA, and other gotmyaudio.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of GotMyAudio in the U.S. and/or other countries. GMA's trademarks and trade dress may not be used in connection with any product or service that is not GMA's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GotMyAudio. All other trademarks not owned by GotMyAudio that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GotMyAudio.

LICENSE AND SITE ACCESS

GMA grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of GMA. This license does not include any resale or commercial use of this Site or its contents; 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. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of GotMyAudio. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GMA without express written consent. You may not use any meta tags or any other "hidden text" utilizing GotMyAudio's name or trademarks without the express written consent of GMA. Any unauthorized use terminates the permission or license granted by GMA. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of gotmyaudio.com so long as the link does not portray GMA, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any GMA logo or other proprietary graphic or trademark as part of the link without express written permission.

HACKING AND SECURITY

We use a variety of means to protect the security of this Site. You agree not to attempt to access data or materials not intended for you, log into a server or account that you are not authorized to access, test the vulnerability of our network and 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 this Site, you agree that protection of your own software, personal computer and other devices from malicious software is your responsibility and agree to install anti-virus and other security protections.

YOUR ACCOUNT

As a registered user of the GMA Service, you may receive or establish one or more passwords and accounts ("GMA Account"). If you use this Site, you are responsible for maintaining the confidentiality of your GMA Account(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under any of your GMA Accounts. GMA does not sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use GotMyAudio only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

You agree to ensure that all information you provide when registering for the Site or any offerings under the GMA Service or when responding to requests for information from us will be current, complete, and accurate and you agree to maintain and update the information as required to keep it current, complete, and accurate. You agree not to use a false or misleading name or a name that you are not authorized to use. You agree that we may store and use information you provide (including credit card information) for use in maintaining your accounts and billing GMA fees to your credit card.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

We may permit visitors to post reviews, comments, photos, and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information. You agree that any content you contribute and any communications you send using means we provide will not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a message or other content. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GMA and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify gotmyaudio.com for all claims resulting from content you supply. GMA has the right but not the obligation to monitor and edit or remove any activity or content. GMA takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

GotMyAudio respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

REMOVAL OF GotMyAudio CONTENT OR OTHER MATERIALS

We reserve the right to remove or disable access to any GMA Content or any other materials posted to or otherwise displayed on the Site that violate or otherwise allegedly infringe on the copyright or other intellectual property, proprietary, or other rights of any person, company or other entity. We will in no event be liable for the good faith removal of or disabling of access to any such GMA Content or materials under this Agreement.

GMA SERVICE DESCRIPTIONS

GotMyAudio attempts to be as accurate as possible. However, GMA does not warrant that GMA Content or other product descriptions or content on this Site is accurate, complete, reliable, current, or error-free.

OTHER BUSINESSES

We may offer content from parties other than GotMyAudio and may permit parties other than GMA to provide services or sell products on the Site or in connection with the GMA Service. We may also provide links on the Site to the websites of affiliated companies and certain other businesses. We are a distributor, not a publisher, of any materials we offer from third parties and are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals, the content we obtain from them or the content of their websites. GMA does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

TERMINATION

GMA may at any time, at its sole discretion, and without prior notification terminate your right to use this Site, the GMA Service, and/or your GMA Account if GMA determines, in its sole discretion, that you have violated these Conditions of Use or any other policy posted on the Site or applicable to the GMA Service.

TERMINATION OF GMA SERVICE

Our business will change over time and we reserve the right to modify, suspend or discontinue any service or any content we offer, in whole or in part, at any time, including the GMA Service, with or without notice and without liability to you. In the event that we exercise such right, you may be entitled to a refund, in our sole discretion, with respect to any purchase you've made.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE GMA SERVICE AND GMA CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE GMA SERVICE AND GMA CONTENT, UNLESS OTHERWISE SPECIFIED IN WRITING IN ANY OTHER POLICY POSTED ON THIS SITE AND APPLICABLE TO THE GMA SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GMA SERVICE AND GMA CONTENT IS AT YOUR SOLE RISK AND WITHOUT RECOURSE.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE GMA SERVICE AND GMA CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER WE NOR ANY OF OUR SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING IN CONNECTION WITH GMA SERVICES AND CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NEITHER WE NOR ANY OF OUR SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH GMA SERVICES AND CONTENT IN EXCESS OF THE GREATER OF: (A) THE PRICE PAID BY YOU FOR THE PARTICULAR SERVICE OR CONTENT GIVING RISE TO THE DAMAGE (IF APPLICABLE), OR (B) TWO HUNDRED FIFTY DOLLARS (US$250).

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.

APPLICABLE LAW

By visiting gotmyaudio.com or using the GMA Service, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and GMA.

DISPUTES

Except as otherwise specifically provided in the conditions of use applicable to a GMA product or service, any dispute relating in any way to your visit to gotmyaudio.com or to products or services sold or distributed by GMA or through gotmyaudio.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 will be adjudicated in any state or federal court in Orange County, California, and you consent to exclusive jurisdiction and venue in such courts.

NOTICES

We may provide notices to you by sending them to the email address associated with your account and our notice sent to you by email will be deemed received when sent. Any notice you have for us must be sent to the address below or to such other address as we provide in a notice to you or on this Site.

Attn: Legal Dept.
Audio Cinema Entertainment Inc
28715 Los Alisos Blvd. #7-424
Mission Viejo, CA 92691

GMA Purchase Terms and Conditions

In addition to the foregoing GMA Site Conditions of Use, the purchase of GMA Content on this Site is subject to the following additional GMA Purchase Terms and Conditions. By purchasing any GMA Content from the GMA Site, you agree to be bound by these GMA Purchase Terms and Conditions, which are subject to change by GMA at any time, in its sole discretion. Changes to these GMA Purchase Terms and Conditions will be effective when posted. Continued use of the Site and/or any purchase by you from the Site constitutes acceptance of the most recent version of these GMA Purchase Terms and Conditions.

Purchases of GMA Content

1. You may purchase GMA Content on an "A La Carte" basis. When you purchase GMA Content on an "A La Carte" basis, you pay for the GMA Content you select and your credit card is charged at the time you make the purchase.

2.GMA Content License. When you purchase GMA Content, GMA grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such GMA Content to your computer and/or other device(s) solely for your personal non-commercial use. You may also copy any of your GMA Content onto a CD or other tangible media device once. You agree to not otherwise copy, reproduce, distribute or use the GMA Content other than as expressly set forth herein. You will not sell, transfer, lease, modify, distribute or publicly perform the GMA Content in any manner and you will not exploit it commercially. You agree to not decompile, disassemble, or reverse engineer the GMA Content, or modify the GMA Content or create any derivative works therefrom. The license to the GMA Content you purchase will continue for as long as your copy of GMA Content exists pursuant to these GMA Purchase Terms and Conditions.

3.Pricing. Except where noted otherwise, any list price displayed represents the full retail price listed on the GMA Content itself, as determined by GotMyAudio, or as suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere.

4.Right to Change Prices. Prices of all GMA Content are subject to change at any time in GMA 's sole discretion. All such pricing changes will be posted to the GMA Site.

5.Risk of Loss. You bear all risk of loss for completing the download of GMA Content after purchase, once we have made such content available to you and for any loss of GMA Content you have downloaded, including any loss due to a file corruption or a computer or hard drive crash. GMA will not be liable to you if GMA Content becomes unavailable for further download. Accordingly, we encourage you to download GMA Content promptly after purchase and to make back-up copies. If you are unable to complete a download after having reviewed our online help resources, please contact GMA  service@audiocei.com.

7.Availability of GMA Content. We will exercise reasonable efforts to provide GMA Content in a timely manner. On occasion, technical or supplier problems may delay or prevent delivery. You agree that availability of GMA Content that is not yet created at the time you purchase such content or expect such content to be delivered (such as, for example, audiobook pre-sales) is subject to the creation of the content by the supplier. Your sole remedy with respect to GMA Content that is not delivered within a reasonable period will be replacement of such GMA Content with comparable programs or a pro rata credit on your GMA Account for the amount of such GMA Content.

8.Limited Express Warranty. Except as expressly provided herein, any GMA Content you purchase is provided "AS IS" and "AS AVAILABLE." The GMA Service is only warranted as stated below:

GotMyAudio warrants that (i) the GMA Content that you license directly through the GMA Service will be of a quality suitable for human listening, and (ii) the media in which the GMA Content is provided will be free from material defects on delivery, if, in each case, the GMA Content is obtained pursuant to GMA 's instructions using equipment that is in good operating condition and meets the specifications for the GMA Service as provided by GMA.

If you find a defect in GMA Content, you may email support at support@gotmyaudio.com and our customer service  will assist  with you on proper downloading procedures and hardware requirements. If you are still unable to download a working copy of the audio file  or other product is not as warranted above, the vender will provide you with replacement product Content or a credit on your Account, as determined by Got My Aduio in its sole discretion, if you advise Got My Aduio within 7 days of your first attempt to download the material by email support at support@gotmyaudio.com or submitting the customer service request form, provided you meet the registration, technical, and payment requirements for the Refund.  

THE FOREGOING WARRANTIES DO NOT COVER DEFECTS CAUSED BY VIRUSES, DISABLING CODES, ACCIDENT, MISHANDLING, MISUSE, IMPROPER INSTALLATION, SERVICE OR MAINTENANCE, MODIFICATION OF ANY GMA SOFTWARE OR GMA CONTENT OR THE MEDIA ON WHICH ANY GMA SOFTWARE OR GMA CONTENT ARE FURNISHED, OR THE USER'S LACK OF THE NECESSARY HARDWARE/SOFTWARE/

OTHER THAN AS EXPRESSLY PROVIDED ABOVE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE GMA SERVICE AND GMA CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GMA SERVICE AND GMA CONTENT IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. WE DO NOT WARRANT THAT GMA CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO GMA EMPLOYEE, AGENT, DEALER, DISTRIBUTOR, OR RESELLER IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THE WARRANTIES STATED ABOVE.

Fees and Credits

1.Fees. You agree that you will pay timely, and we may charge your credit card for any GMA Content, or related additional amounts (including taxes, as applicable). You agree that GMA may use all legal means available to collect GMA Purchase Fees should our attempts to charge your credit card fail for any reason, including any collection agency and legal fees.

2.Credits for Fees Paid. In any case where GMA agrees to issue you a credit for purchases of GMA Content that were not completed due to technical difficulties or other issues, such credits will be issued in the same form as the means of purchase (i.e., if the purchase was made through a charge to a credit card, the corresponding amount will be credited back to your credit card account.)

Notice And Procedure For Making Claims Of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide gotmyaudio.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying GMA that your copyrighted material has been infringed.

GMA 's parent company Audio Cinema Entertainment Inc.’s Legal department will respond to notice of claims of copyright infringement on the Site can be reached as follows:

Attn: Legal Dept.
Audio Cinema Entertainment Inc
28715 Los Alisos Blvd. #7-424
Mission Viejo, CA 92691

GOT MY AUDIO.COM IS A WHOLLY OWNED SUBSIDIARY OF Audio Cinema Entertainment Inc.