Ahab Terms of Service

1. The Site Connects Users; Services.

The Site is a web-based narrator and voice talent database that enables connections between users who are narrators for audiobooks and other media (“Talent”), users who are producers for audiobooks and other media (“Content Creator”) and users who are agents and representatives for Talent (“Agents”). Talent, Content Creators and Agents are hereinafter referred to as “Users.”

You have choices about the information to include in your profile. You do not have to provide additional information in your profile; however, providing additional profile information helps you to get more from the Site. It is your choice whether to include certain personal information on your profile and to make that information public. Please do not post or add personal data to your profile that you would not want to be publicly available. By using the Site, you are interacting with other Users and direct us to disclose information in your profile with other Users.  

You agree and acknowledge that Users may contact you through the Site or via any contact points you may provide on the Site (for example, an email address if you provide it). PRH does not verify the identity of Users and cannot confirm that each User is who they claim to be. PRH cannot and does not assume any responsibility for the accuracy or reliability of any information provided through the Site. When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you do not know. PRH will not be liable for any false or misleading statements made by Users of the Site.

The Site may include descriptions of services that may be made available by Users (collectively, “Services”). The availability through the Site of any description of a Service does not imply our endorsement of such Service or affiliation with the provider of such Service. We make no representations as to the accuracy, reliability, validity or timeliness of such descriptions.

USERS HEREBY ACKNOWLEDGE THAT PRH DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR THE SERVICES AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE SERVICES IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.

NEITHER PRH NOR THE AFFILIATED ENTITIES IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE. PRH is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Services, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users. We do not provide any warranties or guarantees regarding any User’s professional accreditation, registration or license. Each User acknowledges and agrees that PRH does not, in any way, supervise, scope, direct, control or monitor the Services in any manner. PRH makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Services provided by, or the communications of or between, Users, whether in public, private, or offline interactions or otherwise howsoever.

No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of PRH.

2. User Representations and Warranties.

You represent and warrant that:

1. You are 18 years of age or older (for U.S. based users) or are at least of the legally required age in the jurisdiction in which you reside (for non-U.S. users), and are otherwise capable of entering into binding contracts;
2. You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;
3. Where you enter into this Agreement on behalf of a company or other organization, you have authority to act on behalf of that entity and to bind that entity to this Agreement;
4. You will not provide any personal information of Users made available to you on the Site to third parties for monetary or other valuable compensation;
5. If you upload to the Site any audio recording of books, stories or other content, the intellectual property rights to which PRH or the Affiliated Entities own or have the right to license, such recording may only be used for purposes [permitted or contemplated by this Agreement;
6. You have read, understand, and agree to be bound by this Agreement in order to access and use the Site; and
7. You will respect the privacy, property and data protection rights of Users and that you will not record (whether video or audio or otherwise) any User or any interaction by or with any User without the User’s consent, as applicable.

3. Changes.

We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.

Your use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.

4. Information Submitted Through the Site.

Your submission of information through the Site is governed by the Ahab Privacy Policy, located at https://www.ahabtalent.com/privacy-policy/ (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as needed.

5. Jurisdictional Issues.

The Site is controlled or operated (or both) from the United States, and is not intended to subject PRH to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

6. Rules and Conduct.

In connection with the Site, you must not:

• Defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the legal rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users, or use information learned from the Site or Services to otherwise defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the legal rights of any User.
• Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, abusive, degrading, hateful, discriminatory or intimidating, or otherwise fail to respect the rights and dignity of others; (b) unlawful, defamatory (i.e., something that is negative and untrue about another person or entity), libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; (d) divulges another person’s or entity’s confidential or private information or trade secret; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
• Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
• Interfere with, overburden or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
• Obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you.
• Advertise or solicit business for products or services other than those that are offered and promoted on the Site.
• Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful.
• Harvest or collect information from the Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Site and information about the offerings, products, services and promotions available on the Site.
• Restrict or inhibit any other person from using and enjoying the Site.
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without PRH’s express prior written consent.
• Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
• Remove any copyright, trademark or other proprietary rights notice from the Site.
• Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without PRH’s express prior written consent.
• Systematically download and store Site content.
• Use automated means to access the Site (such as a robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site), gain unauthorized access to the Site or to any account or computer system connected to the Site. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, PRH grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. PRH reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

You also must comply with all applicable laws and contractual obligations when you use the Site.

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Site.

7. Transactions.

We may make available the ability to purchase or otherwise access certain features through the Site (a “Transaction”). PRH reserves the right, including without prior notice, to discontinue making available any feature; to bar any user from making any Transaction; and to refuse to provide any user with any feature.

If you make a Transaction:

• The term of the agreement governing the Transaction (the “Transaction Agreement”) shall commence on the date you entered into the Transaction and continue on a month-to-month basis thereafter. Payment will be due on the first day of every month. You may cancel your subscription at any time. In the event of cancellation pre-paid monies will not be refunded and you will continue to have access to the platform until the end of the then current pay period.
• If you or PRH materially defaults in any of its obligations under the Transaction Agreement, the non-defaulting party, at its option, shall have the right to terminate the Transaction Agreement by written notice to the other party unless, within sixty (60) calendar days after receiving written notice of such default, the defaulting party remedies the default. Subject to the termination rights in the preceding sentence, amounts that you have paid in advance are non-refundable. If we elect to terminate your access to the Site as a result of your breach of this Agreement, you will not be entitled to any refunds or credits.
• You may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
• You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a service.

8. Registration; User Names and Passwords; Notices and Messages.

You may need to register and log in using your username and password to use all or part of the Site.You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). We may reject, or require that you change, any user name, password or other information that you provide to us in registering.

The information you submit must describe you (you may not impersonate another person or entity or misrepresent yourself). You may not sell, share or otherwise transfer your account information. You are responsible for all activity occurring when the Site is accessed through your account, whether authorized by you or not.

Your username and password are for your personal use only and should be kept confidential; you, and not PRH, are responsible for any use or misuse of your username or password. We are not liable for any loss or damage arising from your failure to protect your password or account information. You must promptly notify us of any confidentiality breach or unauthorized use of your username or password, or your Site account.

You agree that we will provide notices and messages to you in the following ways: (a) through the Site, or (b) sent to the contact information you provided us.

9. Submissions and Responsibility for Public Postings and Content.

Site users may make available, submit or post certain materials or content (each, a “Submission”) through or in connection with the Site, including in public areas of the site, profile pages or the Site’s interactive services, such as blog posts, message boards and other forums, and chatting, commenting and other messaging functionality.  PRH has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. If you choose to make any of your personally identifiable or other information publicly available through the Site, you do so at your own risk.

Responsibility for Submissions and what is posted in public areas of the Site lies with each user – you alone are responsible for the material you post or otherwise make available in public areas of the Site. We do not control the Submissions that you or others may post or otherwise make available in such areas. You alone are responsible for assessing the credibility of postings.

You understand that we have no obligation to monitor any Submissions or to edit or delete it, or to analyze your access to or sue of the Site. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality. Except for Submissions by Content Creators affiliated with PRH, you acknowledge and agree that PRH and the Affiliated Entities are not involved in the creation or development of Submissions, disclaims any responsibility for Submissions, and cannot be liable for claims arising out of or relating to Submissions.

You also understand and agree that any action or inaction by PRH or its Affiliated Entities to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Agreement violation is undertaken voluntarily and in good faith, and you expressly agree that neither PRH nor its Affiliated Entities shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any Submissions, content, conduct or potential violation of this Agreement.

Although we and our Affiliated Entities may moderate Submissions, content conduct and Agreement compliance on the Site at our discretion, we and our Affiliated Entities have no authority to make binding commitments, promises or representations to anyone that they or anyone else on our behalf will “take care” of any alleged problem or complaint, or that they or anyone else on our behalf will otherwise stop, cure or prevent any problem, content, conduct or purported Agreement violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by us or any of our Affiliated Entities (or by anyone else acting on our behalf or by anyone purportedly acting on our behalf) that we would or would not prevent, restrict, redress or regulate Submissions or content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any Submissions or content), or to implement other enforcement measures against any Submissions, content, conduct or potential or purported Agreement violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, our Affiliated Entities and anyone else authorized to act on our behalf shall in no circumstance be liable as a result of any representation that we, our Affiliated Entities or anyone else on our behalf would or would not restrict or redress any Submissions, content, conduct or potential or purported Agreement violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by our Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

10. License.

For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us and our affiliates a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, assignable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

If you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential; your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place PRH under any fiduciary or other obligation; you are giving us the right to use Feedback; and you waive and release us from claims that we have used Feedback without your permission.

You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Site, are complete and accurate, will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity, personality or privacy, are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party, and will not create liability for PRH or cause PRH to lose (in whole or in part) the services of its internet service providers or other partners or suppliers. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

11. Your Limited Rights.

Subject to your compliance with this Agreement, and solely for so long as you are permitted by PRH to use the Site, you may view on any single device, download and/or print one (1) copy of any portion of the Site to which we provide you access under this Agreement solely for your personal, non-commercial use.

Proprietary Rights. We or our licensors, partners, vendors or other content providers own the intellectual property rights in the content and materials displayed on the Site. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

12. Third Party Materials; Links.

Certain Site functionality may make available access to information, products, services and other materials made available by third parties, including Submissions or other websites (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. Such links are provided for your convenience only, and you access them at your own risk. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.

We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, the products and services offered, promoted or sold thereon, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by PRH with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Site at any time. In addition, the availability of any Third Party Materials through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS). When you visit a linked site you should read the terms of use and privacy policy that govern that particular linked site.

We welcome links to the Site so long as: (i) the Site opens in a new browser window which displays the full version of a page of the Site (e.g., not merely one of its frames, and not an “in-line” link to a particular image or object on the Site), (ii) the link to the Site does not state or imply any sponsorship of the Site or service by us or by the Site; and (iii) the Site is not display framed within or obfuscated by other content. You may not use on the Site any trademarks, service marks or copyrighted materials appearing on the Site, including but not limited to any logos, without our express written consent. We reserve the right to revoke your right to link to the Site upon notice. If you receive such a notice from us, you agree to discontinue your link to the Site.

13. Promotions.

Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

14. DISCLAIMER OF WARRANTIES.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SITE, ITS CONTENTS AND ANY SERVICES (INCLUDING SERVICES OFFERED, PROMOTED OR PROVIDED VIA THE SITE) AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) PRH DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE, ITS CONTENTS AND ANY SERVICES AND THIRD PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. THIS MEANS THAT WE MAKE NO PROMISES THAT:

• THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME,
• THE SITE WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,
• THE INFORMATION ON THE SITE WILL BE ACCURATE OR UP-TO-DATE,
• THE SITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS,
• INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THE SITE WILL REMAIN RETREIVABLE AND UNCORRUPTED (UNLESS WE PROMISE THIS IN A SEPARATE AGREEMENT WITH YOU), OR
• THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

YOU AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO THE SITE BY USERS, NOR FOR DISPUTES BETWEEN USERS OR BETWEEN USERS AND THIRD PARTIES.

ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH PRH AND ITS AFFILIATED ENTITIES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any such alteration, contact us at ahabsupport@penguinrandomhouse.com with a description of such alteration and its location on the Site.

15. LIMITATION OF LIABILITY.

YOU ACKNOWLEDGE AND AGREE THAT PRH IS ONLY WILLING TO PROVIDE THE SITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) NEITHER PRH NOR ANY OF THE AFFILIATED ENTITIES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY (INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF GOODWILL, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), PERSONAL INJURY, PROPERTY DAMAGE OR VIOLATION OF INTELLECTUAL PROPERTY RIGHTS) OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, OR EVENTS BEYOND OUR REASONABLE CONTROL, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, NEITHER PRH NOR ANY OF THE AFFILAITED ENTITIES WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY SERVICES OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; (C) PRH AND THE AFFILIATED ENTITIES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS AND ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY SERVICES OFFERED, PROMOTED OR PROVIDED VIA THE SITE; (D) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY SERVICES OR THIRD PARTY MATERIALS IS TO STOP USING THE SITE; AND (E) THE MAXIMUM AGGREGATE LIABILITY OF PRH AND THE AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO PRH TO USE THE SITE OR TEN UNITED STATES DOLLARS. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH PRH AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF THE AFFILIATED ENTITIES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

16. Release.

YOU HEREBY RELEASE PRH AND ITS AFFILIATED ENTITIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE OR ANY DISPUTE YOU MAY HAVE WITH ONE OR MORE USERS.

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

17. Indemnity.

To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless PRH and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Site (including all Submissions); and (b) any violation or alleged violation of this Agreement, or applicable law, by you or by someone accessing the Site via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive this Agreement and the termination of your use of the Site.

18. Termination

This Agreement is effective until terminated. PRH may terminate or suspend your use of the Site at any time and without prior notice, including if PRH believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Site will immediately cease, and PRH may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. If PRH terminates your right to use the Site, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Sections 2–5, 7–10 and 12–24 shall survive any expiration or termination of this Agreement.

19. Governing Law; Arbitration and Class Action Waiver.

The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of New York, U.S.A.without regard to its principles of conflicts of law, and regardless of your location.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SITE, OR THIS AGREEMENT, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.

The term “Dispute” means any dispute, claim, or controversy between you and us or any of the Affiliated Entities regarding the Site or any service thereon (including Services), whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section 19 (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND PRH, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT PRH AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.

Class Action Waiver. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

Right to Opt Out of Binding Arbitration and Class Action Waiver within 30 Days. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO PENGUIN RANDOM HOUSE LLC, LEGAL DEPARTMENT, 1745 BROADWAY, NEW YORK, NY 10019  AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ACCOUNT NUMBER, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US OR OUR AFFILIATES THROUGH ARBITRATION.

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

20. Information or Complaints.

If you have a question or complaint regarding the Site, please send an e-mail to ahabsupport@penguinrandomhouse.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

21. Copyright Infringement Claims.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to PRH a written notice by mail, e-mail or fax, requesting that PRH remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to PRH a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing as follows: By mail to Penguin Random House LLC, Legal Department/DMCA Notices, 1745 Broadway, New York, NY 10019; by e-mail to copyrightagent@penguinrandomhouse.com; or by phone to (212) 366-2652. Please note that the contact information provided in this section is for suspected copyright infringement only. Contact information for other matters is provided in Section 20. 

22. Electronic Communications.

The communications between you and us via the Site use electronic means, whether you visit the Site or send us an email, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

23. Changes to the Site.

We reserve the right to modify, suspend or discontinue (temporarily or permanently), the Site or any portion of the Site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

24. Miscellaneous.

This Agreement is not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, this Agreement may only be invoked or enforced by you or us. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and PRH relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and PRH relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. PRH will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.