Website Terms and Conditions of Use
Last modified August 27, 2022
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TERMS AND CONDITIONS OF USE OF WEB SITE
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This web site, GoldenLetterMedia.com or GoldenLetter.media (the "Golden Letter Media Site"), is operated by Golden Letter Media ("Golden Letter Media"). Golden Letter Media is an audiobook platform with the goal to give parents the peace of mind of allowing their children and teens between the ages of 13-16 to access safe and fun classic audiobook streams directly from the site. Golden Letter Media provides access to audiobook streams of classic literature and originals, and other content ("Content") via the Golden Letter Media Site, via the Golden Letter Media audiobook streams (the "Golden Letter Media Streams") and otherwise, including through syndication (collectively, the "Golden Letter Media Service"), under certain terms and conditions as set forth below.
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ACCEPTANCE OF THESE TERMS AND CONDITIONS THROUGH USE
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By using the Golden Letter Media Service, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). Golden Letter Media reserves the right, in its discretion, to update or revise the Terms of Use. Please check the Terms of Use periodically for changes. Your use of the Golden Letter Media Service subsequent to the posting of any change(s) to the Terms of Use will be deemed your acceptance of such change(s).
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LINKS AND THIRD-PARTY SITES
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The Golden Letter Media Service may provide third-party search facilities, such as Google searches, and thereby produce third party advertisements and/or third-party search results., The Golden Letter Media Services and/or Content may otherwise link to third-party sites on the Internet that are not operated or controlled by Golden Letter Media ("Third-Party Site(s)"). Golden Letter Media is not responsible for the content of Third-Party Sites. Products and services on Third-Party Sites are the sole responsibility of each individual vendor or operator of such Third-Party Site. The inclusion and/or availability of such links to Third-Party Sites does not imply endorsement of such Third-Party Sites or any content, information, material, products, or services provided on such Third-Party Sites, nor does it imply any association with the operators of such Third-Party Sites. Third-Party Sites may contain information or material that some people may find inappropriate or offensive. You will need to make your own independent judgment regarding your interaction with Third-Party Sites. Golden Letter Media makes no representations or warranties whatsoever concerning:
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1. the information, software or other material appearing on, or accessible through, any Third-Party Site (including without limitation, any advertisement for products or services on any Third-Party Site);
2. the performance or operation of any Third-Party Site (including, without limitation, any transactions initiated or conducted through any Third-Party Site, any taxes associated therewith and any use by third parties of user credit card information);
3. any products or services advertised or sold on or through any Third-Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof);
4. the sellers of any products or services advertised or sold on or through any Third-Party Site; or
5. the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Third-Party Sites. If you decide to access any of the Third-Party Sites, you do so entirely at your own risk.
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If you are accessing a Third-Party Site through a link via the Golden Letter Media Service, you are advised to read any terms of use and privacy policy of such Third-Party Site before you use such Third-Party Site.
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PROPRIETARY RIGHTS AND RESTRICTIONS
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You acknowledge and agree that all Content and materials available on the Golden Letter Media Site and/or available through the Golden Letter Media Service are protected by one or more of intellectual property rights: copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights, and that their use is restricted by the terms of this Agreement and applicable statutory and common laws.
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Golden Letter Media, GoldenLetterMedia.com, the Golden Letter Media Streams, and Golden Letter Media product and service names are trademarks and/or service marks of Golden Letter Media (the "Golden Letter Media Marks") and are owned exclusively by Golden Letter Media. You will not display or use the Golden Letter Media Marks, in any manner that would constitute infringement of Golden Letter Media’s rights, without Golden Letter Media's prior permission.
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Except as expressly authorized by Golden Letter Media, you agree not to sell, resell, exploit for any commercial purposes, license, rent, modify, distribute, copy, reproduce, duplicate, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any portion of any Content, including but not limited to video, images, sounds, and text appearing on or via the Golden Letter Media Service. Systematic retrieval of data or Content from the Golden Letter Media Service to create or compile, directly or indirectly, a collection, compilation, library, database or directory without prior written permission from Golden Letter Media is prohibited. The use of Content or materials appearing on or via the Golden Letter Media Service for any purpose not expressly permitted in these Terms of Use is prohibited.
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DISCLAIMER OF WARRANTY
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THE GOLDEN LETTER MEDIA AUDIOBOOK SITE AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOLDEN LETTER MEDIA FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE GOLDEN LETTER MEDIA PLAYER AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOLDEN LETTER MEDIA OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF GOLDEN LETTER MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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TERMS APPLICABLE TO GOLDEN LETTER MEDIA’S EARLY SUBSCRIPTION SERVICE PACKAGES, BONUS OR GIVEAWAY ITEMS AND PAYMENTS
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If you have received bonus or giveaway items with or without making a purchase, or if you have elected to subscribe early to Golden Letter Media, in which you may be eligible to receive bonus or giveaway items along with early payment, depending on which early subscription package is available at the time; It is not guaranteed that all such items will be available at the time of the subscription purchase, and by continuing with the payment, you agree that the item(s) may arrive at a date no later than one month of the purchase, or a replacement item, similar to the one listed in the bonus items, of equal value will be sent to the address provided (In the case of physical bonus items), if the listed item is no longer available. You acknowledge that if you have received a bonus or giveaway item or multiple giveaway items and claim that the item(s) arrived damaged, or broken, or request a replacement item or replacement items for any reason, a replacement item or replacement items are not guaranteed, and that Golden Letter Media handles such issues on case-to-case bases. If you have elected to subscribe and purchased any one of the non-monthly subscription packages, you agree that this is currently a NON-REFUNDABLE purchase, and it will not in any way be refunded to you. Your Subscription Anniversary Date shall be immediately and automatically reset with all features and pricing (Early Subscribers have locked in pricing) of the Upgraded Plan becoming effective and applicable to your Golden Letter Media Subscription as of the New Subscription Start Date.
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REFUNDS AND CANCELLATION
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No refunds are available in respect of any fees to Golden Letter Media. In order to cancel, contact billing@GoldenLetterMedia.com at least five days prior to your Subscription Anniversary Date or New Subscription Start Date in order to ensure that you will no longer be billed.
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FREE TRIALS
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Golden Letter Media may from time to time offer a "Free Trial" of a Golden Letter Media Subscription pursuant to the description of any such "Free Trial" on the Golden Letter Media Site. You acknowledge and agree that all Free Trials are of a maximum duration of 30 days unless otherwise specified by Golden Letter Media, and shall be automatically converted to a Golden Letter Media Subscription requiring payment of Golden Letter Media Subscription Fees in accordance with the applicable Golden Letter Media Features and Pricing upon the expiry of the initial 30-day Free Trial period. You also acknowledge that all terms and conditions applicable to Free Trials shall apply to Free Trials, both before and after the expiry of the initial 30-day Free Trial period. You hereby authorize Golden Letter Media to charge or debit your agreed payment method on a monthly basis for the applicable Golden Letter Media Subscription Fee commencing as of the expiry of the initial 30-day Free Trial period unless at least five days prior to such expiry you notify Golden Letter Media of your intent to cancel at billing@GoldenLetterMedia.com.
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PAYMENT METHODS
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Golden Letter Media may from time to time offer certain payment methods in respect of Golden Letter media Subscription Fees. In the event that a credit card or debit card is permitted as a payment method and the applicable Golden Letter Media Subscription Fees are not chargeable or debitable to such payment method, you acknowledge and agree that if the credit card or debit card does not work, either because of expiry or otherwise, then upon expiry of any paid portion of your Golden Letter Media Subscription period, all Golden Letter Media Subscription services may be deactivated without notice to you. You are solely responsible for ensuring that all permitted payment methods are up-to-date and are able to cover all applicable Golden Letter Media Subscription Fees, including but not limited to all Golden Letter Media Subscription Fees payable for Upgraded Plans.
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EARNING PAYMENT REDUCTIONS / SET-OFFS
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Payments are subject to being reduced to offset bad debts, refunds and other charge-backs relating to Use of your Content within sixty (60) days of the payment to which the bad debt, chargeback or fund relates.
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PROCEDURE FOR REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
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To file a copyright infringement notification with us relating to Content on the Golden Letter Media Player, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
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1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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To expedite our ability to process your request, such written notice should be sent to our designated agent as follows:
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Service Provider(s): Golden Letter Media
Name of Agent: Legal Counsel
Address: Golden Letter Media, 120 N 6th St Suite 500 A, St Mary’s, KS 66536
Email: legal@GoldenLetterMedia.com
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Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Don't make false claims!
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Claimant information may be published on the Golden Letter Media site at any time.
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PROCEDURE FOR REPORTING VIOLATIONS OF RIGHTS OF PRIVACY OR PUBLICITY
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If you believe that your privacy rights or publicity rights have been violated by information or material that is accessible on the Golden Letter Media site, you may notify GoldenLetterMedia.com. Please email support@GoldenLetterMedia.com so we can investigate the matter further.
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DISCLAIMER OF WARRANTIES
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ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. GOLDEN LETTER MEDIA, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY OR DISTRESS, DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM THE VIEWING OR DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
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LIMITATION OF LIABILITY
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UNDER NO CIRCUMSTANCES SHALL GOLDEN LETTER MEDIA, ITS SUBSIDIARIES, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GOLDENLETTERMEDIA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, GOLDEN LETTER MEDIA’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
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INDEMNIFICATION
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You agree to indemnify and hold Golden Letter Media, and its parent, subsidiaries and affiliates and their respective officers, directors, agents, co-branders and other partners, contractors, and employees, harmless from and against any and all claims, expenses, and demands, including attorneys' fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of this Site, including claims relating to content you submit, post to or transmit through this site, and your connection to and use of this Site. Golden Letter Media reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with Golden Letter Media in asserting any available defenses.
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INTERNATIONAL USE
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Golden Letter Media makes no representation that materials on this Site or accessible via the Golden Letter Media Service are appropriate or available for use in any particular locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site or the Golden Letter Media Service from any location do so on their own initiative, at their own risk, and are responsible for compliance with local laws. If you use the Golden Letter Media Service in a jurisdiction that prohibits or restricts such use, your use will be subject to, without limitation, any other provision of the Terms of Use, and Golden Letter Media shall not have any liability with respect to such use.
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CHOICE OF LAW AND FORUM
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These Terms of Use, shall be governed by and construed in accordance with, at Golden Letter Media’s discretion, the federal laws of the United States, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use, or your use of the Golden Letter Media Services, shall lie only, at Golden Letter Media’s discretion, in the United States Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in the United States, and you further agree to and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
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SEVERABILITY AND INTEGRATION
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Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Golden Letter Media with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Golden Letter Media with respect to the Golden Letter Media Service. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties. Or if that portion is not susceptible to such construction, it shall be replaced with a provision that is consistent with applicable law and which reflects, as nearly as possible, the original intentions of the parties. In either event, the remaining portions remain in full force and effect.
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TERMINATION
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Golden Letter Media reserves the right, in its sole discretion, to terminate your access to the Golden Letter Media Service, with or without notice, for any reason, including, without limitation, if Golden Letter Media believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. This includes Golden Letter Media's right to terminate your ability to access audiobooks or services via the Golden Letter Media Site.
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Golden Letter Media has a zero tolerance for any violation of Content Polices and/or Conduct outlined in these Terms. If a user is found in violation, the account may be suspended and/or terminated. The determination of suspension or termination is at the sole discretion of Golden Letter Media.
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You acknowledge and agree that Golden Letter Media shall not be liable to you or any third party for any termination or suspension of your access to the Golden Letter Media Services.