Select Page

Terms of Use

Customer Agreement

Last Updated August 1, 2013

This document sets forth the terms and conditions (“Terms and Conditions”) governing your receipt, possession and use of digital media and digital products made available by Gold Leaf Farm & Co., LLC (the Company) through its web site: www.audiohorsebooks.com (Web Site) and purchased by You. Please read this carefully as the Terms and Conditions form a binding Agreement between You and the Company.

1. Definitions.

  1. DIGITAL MEDIA. Herein, “Digital Media” means physical media (for example, but not limited to compact disks, DVDs, etc.) delivered to You from Company and containing Digital Products.
  2. DIGITAL PRODUCTS. Herein, “Digital Products” means all text, graphics, design and programming content and all audio and video content and all other copyrightable matter delivered by Company upon purchase by you. Digital Products include downloaded content without Digital Media. Digital Products may also be contained on purchased Digital Media.
  3. YOU. Herein, “You” and forms thereof mean the person, or legal entity via personal agent, accessing the Web Site and agreeing to these Terms and Conditions.
  4. CONTENTSHELF.COM is an independent third-party that provides services that enable download access of the Company’s Digital Products. The www.contentshelf.com website is not under the control of the Company.

2. Acceptance of Terms and Conditions of Use.

Your use of the Web Site or purchasing of Digital Media or Digital Products from the Web Site will be deemed your acceptance of these Terms and Conditions. If You do not accept these Terms and Conditions, You may not use the Web Site or obtain Digital Media or Digital Products from the Web Site. From time to time these Terms and Conditions may be revised by updating this document and posting it on the Web Site. It is your obligation to review these Terms and Conditions when requested by Company. Your continued use of the Web Site will constitute your agreement to the most current version of these Terms and Conditions. If at any time You do not agree to these Terms and Conditions, You must stop your use of this Web Site.

When You agree to accept delivery of purchased Digital Media or other Digital Products from the Company, the Company grants You a limited, revocable, non-exclusive, non-transferable license to receive such Digital Products onto to your computer and/or other device(s) solely for your personal, non-commercial use. You agree to not otherwise copy, reproduce, distribute or use the Digital Products other than as expressly set forth herein. You will not sell, transfer, lease, modify, distribute, publicly perform, or exploit commercially the Digital Products in any manner. You agree to not modify, reverse engineer, decompile or disassemble the Digital Products, or otherwise tamper with the Digital Products or create any derivative works therefrom. If You create derivative works therefrom, in contradiction to these terms, You hereby assign and agree to assign all rights to such derivative works to Company.

3. Intellectual Property Rights.

All content on the Web Site is the property of the Company or is the property of third parties, and is protected by U.S. copyright and international treaties. You may not copy, reproduce, modify, display, sell, or distribute any Web Site content, or use it in any other way for public or commercial purposes. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate Web pages on the Web Site, as well as any content there.

The “look and feel” of the Web Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by U.S. copyright law. The “look and feel” and all product names, names of services, copyrights and service marks (“Marks”) are the property of the Company or third parties. You may not duplicate or use the Marks for any purpose.

4. Termination.

Your rights to the Digital Products contained in this Agreement will terminate automatically without notice from the Company if You fail to comply with any provision of this Agreement. Upon termination, You agree to immediately (i) stop using the Digital Products; (ii) destroy the Digital Products including all copies in Your possession or control.

5. Risk in Download of Digital Products.

All downloadable Digital Products are delivered to You by CONTENTSHELF.COM and the www.contentshelf.com website that is not under the control of the Company. You assume all risk of loss for completing and receiving the download of Digital Products after payment. If any download is unsuccessful after payment, You agree that you will seek a remedy only from CONTENTSHELF.COM. You also assume all risk of loss of Digital Products You have downloaded, including any loss due to a file corruption or a computer or hard drive crash.

6. Refunds for Purchased Digital Media.

No refund will be given for purchases of downloaded Digital Products such as downloaded MP3 files or streaming files or any other downloaded streaming content. The Company will refund the purchase price of any defective Digital Media or any unopened Digital Media upon delivery, within 30 days of purchase, of the unopened Digital Media to the Company. Digital Media must be received by Company unopened in the product’s original plastic covering to be eligible for refund. No refund will be given for opened Digital Media products or any Digital Media not within its covering as sold. Company will not pay shipping costs and you must pay all shipping costs in returning Digital Media for refund.

7. Privacy.

The Company will not share your information with third parties except as specified here. The Company may store and transmit your personal information to the extent necessary to complete transactions with You and deliver products to You and other normal business transaction activities with you. When You complete a transaction with the Company, the Company may collect your name, email address, billing address and credit card (or other payment service) details. This information will not be shared with third parties except to the extent required to provide You with the services You have requested (e.g. VeriSign for credit card processing).

The Company will not share your information with third parties except as specified here. The Company may store and transmit your personal information to the extent necessary to complete transactions with You and deliver products to You and other normal business transaction activities with you. When You complete a transaction with the Company, the Company may collect your name, email address, billing address and credit card (or other payment service) details. This information will not be shared with third parties except to the extent required to provide You with the services You have requested (e.g. VeriSign for credit card processing).

The Company will store your personal information only for so long as necessary to provide You the products and services purchased and the Company will periodically destroy old personal information in accordance with our company policies, including when it is no longer essential to our ability to offer You the same high quality service. The Company may keep an archival copy of your information to allow the Company to comply with laws or respond to legal processes.

8. Disclaimer of Warranties and Limitations of Liability.

Your agreement to the following disclaimers and limitations is a material inducement to the Company to permit You to access the Web Site. Your use of the Web Site, and the obligations and liabilities of the Company in respect of your use of the Web Site, is expressly limited as follows: The Web site and the Digital Media and Digital Products are provided “as is” and without any warranty whatsoever. The Company disclaims any and all express and implied warranties whatsoever, including without limitation, the warranties of merchantability, title, non-infringement of third parties rights, and fitness for particular purpose.

The Company does not warrant that the Website is free from faults, viruses, or any other software or agents that are capable of damaging your electronic device used to access the Website. You assume all risk and liability in accessing and using the Website including risk of damage to your electronic devices.

The Company does not warrant the safety or appropriateness for your use of the CONTENTSHELF.COM website. Please read any and all Terms of Use or other agreements provided as a condition of use of the CONTENTSHELF.COM website.

9. Third Party Information.

The Web Site may from time to time display the content, services, map services, products or hyperlinks of other companies or persons. Notwithstanding the presentation of any third party information on the Web Site, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by the Company on behalf of or any third party. In addition, the Company does not endorse, warrant or otherwise guarantee the substance of any information or services provided by third parties. The Company shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party Web Sites accessed from the Web Site or Web Sites that have links to the Web Site. Access to third party Web Sites from the Web Site is done at your own risk which risk You hereby assume.