Terms of Service - ahabtalent.com

Last update: May 31, 2023

Please read these Terms of Service (the “Agreement”) carefully.

This Agreement is between you and Penguin Random House LLC (“PRH,” “we” or “us”) concerning your use of (including any access to) the Ahab site currently located at https://www.ahabtalent.com/ (together with any materials and services available therein, and successor site(s) thereto, the “Site”).

By accessing the Site in any matter (whether automated or otherwise), you agree to be bound by this Agreement and any additional terms and conditions that are referenced below or otherwise may apply to specific areas of the Site. This Agreement hereby incorporates by this reference any additional terms and conditions posted by PRH through the Site, or otherwise made available to you by PRH.

Certain features, products or software that you purchase or download from the Site may be subject to additional terms and conditions presented to you at the time that you use, purchase or download them.

BY USING THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. If you do not enter into this Agreement, you may not use the Site.

IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SITE ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. References to “you” and “your” in this Agreement will refer to both the individual using the Site and to any such Organization.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER PROVISION IN SECTION 19 BELOW THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU AND US OR OUR AFFILIATES AND THEIR RESPECTIVE SUCCESSORS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”). YOU HAVE A RIGHT TO OPT OUT OF THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS FURTHER DESCRIBED IN SECTION 19 BELOW.

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 (“Producers”) and users who are agents and representatives for Talent (“Agents”). Talent, Producers 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 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;

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;

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;

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;

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;

If you aggregate or de-identify any data obtained via the Site, such data must be aggregated and de-identified in a way that complies with all applicable laws, including without limitation the European Union’s General Data Protection Regulation and the California Consumer Privacy Act of 2018;

You have read, understand, and agree to be bound by this Agreement in order to access and use the Site; and

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.penguinrandomhouseaudio.com/ahab/terms/ (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.

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.