Check that you have read and agree to the terms and conditions
Effective August 1, 2012Updated to include Rental Terms
October 27th, 2014
to Downpour.com (the 'Site'), operated by Blackstone Audio, Inc. ('Downpour' or
'Company'). These Purchase and Rental Terms and Conditions govern the purchase
and rental of licensed and original audiobook and e-book content and related
matter ('Audio and E-Book Content') for playback on various devices authorized
by Downpour ('Authorized Devices'). By purchasing a membership plan or
purchasing or renting any Audio and E-Book Content, you agree to be bound by
these Purchase and Rental Terms and Conditions, which are subject to change by
Downpour at any time, in its sole discretion. Changes to these Purchase and
Rental Terms and Conditions are effective when posted. Your continued use of
the Site and/or purchase or rental of Audio and E-Book Content or other content
from the Site constitutes acceptance of these Purchase and Rental Terms and
Conditions in their then current form.
herein by reference. In the event of a discrepancy between these Purchase and
Terms and Conditions govern.
Purchases of Audio and E-Book Content.
are no complicated subscriptions at Downpour. We offer one convenient
membership plan through which you receive credits that can be used as currency
on Downpour.com to purchase Audio and E-Book Content. Credits cannot be used
for rental of Audio and E-Book Content or to purchase CDs, MP3CDs, pre-loaded
digital audio players or other goods. You can purchase those goods using a
credit card or other authorized means of payment.
do not have to be a member to make purchases at or obtain rentals from
Downpour.com. You may also make purchases or rentals on an ' la carte
basis. Listen to more without committing to more.
Downpour Audiobook Club Membership
a member, you will receive credits through which you can purchase Audio and
E-Book Content. Members can purchase Audio and E-Book Content at prices
significantly lower than suggested retail prices. From time to time members
will also receive special member-only promotions.
in the Downpour Audiobook Club is only $12.99 a month. You receive one credit
for each month that you are member. You can purchase additional credits for
month that you are a member you will receive your monthly credit automatically.
Your DOWNPOUR Audiobook Club membership WILL BE automatically renewed each
month until you cancel.
We will automatically bill your credit card each month for your monthly
membership fee at the then current rate. You will be billed at the time you
enroll in the membership plan and each month thereafter on the calendar day
corresponding to the commencement of your membership or the last day of a given
month if your membership began on a day that is not contained in a given month.
For instance, if you started your membership on January 31st, your
next payment date is February 28th and your credit card will be
billed on that date.
visit our FAQs for information regarding signing up as a member of the Downpour
Expiration of Credits.
expire 1 year from the date when they were issued. For instance, if you
received a credit on August 1, 2012 it will expire on July 31, 2013. Each time
you use a credit to pay for Audiobook or E-book Content that credit will be
deducted from the total number of credits you have in your account. When
purchasing Audiobook or E-book Content, Downpour will apply your oldest credit
first, so that you will always be using the credits that expire the soonest.
you purchase Audio or E-Book Content, Downpour grants you a limited, revocable,
non-exclusive, non-transferable license to download or, where applicable,
stream such content to your computer and/or your Authorized Devices for your
personal, non-commercial use.
you rent Audio or E-Book Content, Downpour grants you a limited, revocable,
non-exclusive, non-transferable license to download and access the content you
rented only for the limited term of your rental license (see additional details
under Rental of Audio and E-Book Content below), and only for your personal,
agree not to alter, modify, sell, transfer, share, lease, decompile,
disassemble, reverse engineer, copy, reproduce, duplicate, distribute, sell,
publically perform, create derivative works therefrom or otherwise commercially
exploit the Audio or E-Book Content.
authorized transfer, duplication or exploitation of any Audio or E-Book Content
constitutes copyright infringement, inter alia, and is subject to
civil and criminal penalties.
Prices (not applicable to Rentals).
can generally purchase and download one audiobook or e-book for one credit. If
particular Audio or E-Book Content requires more than one credit you will be
advised of the number of credits that content requires.
reserves the right, in its sole discretion, to change prices, including the
price of its membership fee, at any time and to correct pricing errors that may
a change to your membership fee occurs, you will be notified and will have the
right to cancel your membership in accordance with this policy within ten (10)
business days of receipt of notice, effective as of the date of the next
Rentals of Audio and E-Book Content.
and E-Book Content can only be played within the Downpour app. Currently, our app supports only iOS and
Android phones. You may listen to
your rented content on as many iOS or Android devices as you own. Your rental period commences when you
first start listening to the rented content, or ten (10) days from the date of
purchase, whichever comes first. The initial rental period is thirty (30) days (up to sixty (60) days for
some longer books). You may listen
to the rented content as many times as you like until the rental period
expires. Upon expiration of the
rental period, your access to the rented content will terminate
automatically. You may purchase an
extension of the rental period, but only if the extension is purchased within
thirty (30) days of the expiration of the initial rental period.
reserves the right, in its sole discretion, to change its rental prices at any
time and to correct pricing errors that may inadvertently occur.
Forms of Payment.
accepts most major credit cards. Your credit card information is never stored
on Downpour.com. Your credit card information is stored by a third-party
payment service provider that follows industry standards for the highest level
of safe storage of credit card information. Our third party payment service
provider is fully PCI compliant, which is the credit card industry's safety
standard for protecting credit card information. Downpour only sees the last 4
digits of your credit card, which is used only for verification purposes.
will charge your credit card for any membership fees or charges in connection
with the purchase or rental of any Audio and E-Book Content, devices,
accessories or other items that you purchase along with related additional
charges (including taxes and late fees as applicable). All such fees will be
billed to the credit card you provided in connection with your membership or
during the purchase or rental process. Downpour may use all legal means
available to collect any outstanding fees should our attempts to charge your
credit card fail for any reason, including any collection agency and legal
can cancel your Audiobook Club membership at any time by contacting Downpour at
email@example.com or by calling us at 1-855-DOWNPOUR (1-855-369-6768).
must cancel your membership 5 days prior to the start of the new monthly term
to avoid being charged for that monthly term. No refunds or credits will be
given for partial months.
you cancel your membership you will still be able to use your existing credits
until they expire.
there is a problem with your purchase or rental from Downpour, please contact
Customer Care toll-free at 1-855-DOWNPOUR (1-855-369-6768) within 30 days of
the purchase or rental date to arrange for exchange or refund, if appropriate.
Book and E-Book Content cannot be returned. However, if you experience
technical problems accessing or using such content, Downpour will be happy to
help you resolve the problem. Please contact us at firstname.lastname@example.org or
1-855-DOWNPOUR (1-855-369-6768) for assistance.
see our FAQs for further information regarding the processing of returns.
Risk of Loss.
bear all risk of loss for completing the download of any Audio or E-Book
Content after purchase or rental and for any loss of any such content after you
have downloaded it, including any loss due to file corruption, virus or a
computer or hard drive crash. Audio
or E-Book Content purchased or rented will generally continue to be available
to you through the 'My Library' section of your account (but for rented
content, only for the term of your rental), however due to potential licensing
restrictions or other reasons, such content may become unavailable to you in
the future. Downpour will not be liable to you in the event such content
becomes unavailable for further download.
All Audio or E-Book Content IS PROVIDED
ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. DOWNPOUR DOES NOT WARRANT THAT ACCESS
TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE AND MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, ANY Audio or E-Book Content OR ANY OTHER MATERIALS OR INFORMATION
PROVIDED ON THE SITE OR THAT IS AVAILABLE THROUGH THE SITE.
YOU DOWNLOAD ANY Audio or E-Book Content
OR OTHER MATERIALS FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND
RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIALS.
BY USING THIS SITE, YOU ACKNOWLEDGE THAT THE COMPANY IS NOT RESPONSIBLE OR
LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; OR (2) EMAILS SENT FROM
THE SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN
HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM. NO ADVICE OR
INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR
FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
THE FULLEST EXTENT ALLOWED BY LAW, THE COMPANY AND ITS REPRESENTATIVES DISCLAIM
ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RESULTS, RELIABILITY,
AVAILABILITY, VIRUS-FREE ACCESS, COMPLETENESS, TIMELINESS, FUNCTIONALITY,
LEGALITY OR OPERABILITY OF THE SITE, ITS CONTENT OR MATERIALS CONTAINED
THEREIN. YOUR ACCESS TO THE SITE, CONTENT AND MATERIALS THEREIN IS SOLELY AT
YOUR OWN RISK.
COMPANY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED AND STATUTORY
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS,
TO THE FULLEST EXTENT ALLOWED BY LAW.
certain jurisdictions, the law may not permit the disclaimer of warranties, so
the above disclaimer may not apply to you.
Limitations of Liability.
You acknowledge and agree that your use of the
Site is at your own risk. You acknowledge and agree that, to the fullest extent
permitted by applicable law, neither Downpour nor its affiliates, suppliers or
third party content providers will be liable for any direct, indirect,
punitive, exemplary, multiple, incidental, special, consequential or other
damages arising out of or in any way related to the Site and/or iTs contents, or
fOR any actions Downpour takes or fails to take as a result of communications
you send to Downpour or the delay or inability to use the Site or for any
information, products, or services advertised on or obtained through the Site,
oR Downpour's removal or deletion of any materials submitted or posted on its
Site or otherwise arising out of the use of the Site or its content, whether
based on contract, tort, strict liability or otherwise, even if Downpour, its
affiliates or any of its suppliers have been advised of the possibility of
damages. This disclaimer applies, without limitation, to any damages or injury
arising from any failure of performance, error, omission, interruption,
deletion, defects, delay in operation or transmission, computer viruses, file
corruption, communication on-line failure, network or system outage, your loss
of profits or theft, destruction, unauthorized access to, alteration of, loss
oF use of any record or data, and any other tangible or intangible loss. You
specifically acknowledge and agree that neither Downpour nor its suppliers
shall be liable for any defamatory, offensive or illegal conduct of any User of
the Site. No recovery may be sought or received for damages other than
out-of-pocket expenses. You agree that any cause of action arising out of or
the cause of action accrues or the cause of action is permanently barred.
Because some jurisdictions do not allow limitations on how long an implied warranty
lasts or the exclusion or limitation of liability for consequential or
incidental damages, all or a portion of the above limitation may not apply to
If you are A California resident, you waive
California Civil Code 1542, which says: '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.'
NO EVENT SHALL DOWNPOUR, ANY CONTENT PROVIDER OR ANY OTHER PROVIDER OF
SERVICES, DATA, AND/OR INFORMATION FOR COMPANY BE LIABLE IN ANY WAY FOR ANY
DIRECT OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
DATA OR PROFIT, LOSS OF REVENUE, LOSS OF USE, COST OF PROCUREMENT OF SUBSTITUTE
MATTER (AND SIMILAR ECONOMIC LOSS) OR BUSINESS INTERRUPTION) OR FOR ANY
PUNITIVE, MULTIPLE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR
DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SITE AND ITS CONTENT, EVEN IF DOWNPOUR, A THIRD PARTY OR A
DOWNPOUR AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF
THE POSSIBILITY OF SUCH DAMAGE.
is not be responsible for any delay or failure in performance of any kind to
the extent such delay or failure is caused by acts of God, information
providers or other service providers, public enemy, war, terrorism, any civil
or military authority, any accident, explosion, fire, storm, earthquake, flood,
strike, riots, embargo, computer outage or virus, telecommunications failure or
other casualty, labor dispute or any other circumstances beyond Downpour's
claim relating to the Site, any Audio or E-book Content or these Purchase and
Rental Terms and Conditions shall be governed by the laws of the State of
Oregon without regard to its conflict of law provisions. You agree to the
personal jurisdiction by and venue in the state and federal courts in Jackson
County, Oregon, and waive any objection to such jurisdiction or venue. THE
PARTIES HERETO EXPRESSLY AND IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY AND
ANY OBJECTION (INCLUDING, WITHOUT LIMITATION, ANY OBJECTION TO THE LAYING OF
VENUE OR BASED ON GROUNDS OF FORUM NON CONVENIENS) WHICH THEY MAY NOW OR
HEREINAFTER HAVE TO THE BRINGING OF ANY ACTION OR PROCEEDING IN SUCH
JURISDICTION IN CONNECTION WITH ANY CLAIM, DEMAND OR ACTION ARISING OUT OF THIS
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