Tuesday, March 29, 2011

Amazon Cloud Player - Terms of Use

Amazon Cloud Player: Terms of Use

Last Updated: March 28, 2011


These Amazon Cloud Player Terms of Use (the "Agreement") are a binding agreement between you and Amazon Digital Services, Inc., which together with its affiliates (collectively, "Amazon", "we" or "us") makes the Amazon Cloud Player music management and playback application available (the "Application"). This Agreement incorporates by reference: theConditions of Use and the Amazon.com Privacy Notice posted on www.amazon.com, and other policies, conditions, rules and procedures that we post and update through the Application itself or on Amazon.com. You accept the terms of this Agreement by clicking to confirm acceptance or by using the Application. If you do not agree with the terms of this Agreement, you may not use the Application.

1. Use of the Cloud Player Application

Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Application solely for the purpose of management and playback of content that you have the right to store and retrieve and that is your own personal content (all such content, “Your Content”). You agree not to use the Application in any other way, including to store, transfer or distribute content of or on behalf of third parties, for any form of file sharing, to operate your own content application or service or to resell any part of the Application. The Application is offered in the United States and we may restrict access from locations outside the United States.

2. Amendments to this Agreement

The Application will evolve over time. As it does, we’ll need to update the terms of this Agreement. You agree that we can update the terms of this Agreement at any time by posting changes in the Application itself or on Amazon.com. Unless we otherwise note at the time of posting, changes will be effective immediately upon posting. You accept changes either by using the Application after we post the changes within the Application or on Amazon.com or by clicking to confirm acceptance. You are responsible for checking the Application and Amazon.com for changes to this Agreement.

3. Use of Your Amazon.com Account

To use some of the features in the Application, you must have an Amazon.com account. You may only use the Application in connection with one Amazon.com account, so if you have multiple Amazon.com accounts, you’ll need to choose the account you want to use for the Application. You may not use a name, username or email address that you are not authorized to use or share your Amazon.com username and password with others for purposes of allowing others to use the Application with your account. If we suspend or terminate your use of the Application in connection with an Amazon.com account, you may not commence use of the Application in connection with another Amazon.com account.

4. Playing and Managing Your Content with the Application

By using the Application with Your Content, you are directing us to manage or play Your Content on your behalf. You are solely responsible for Your Content and use of the Application to manage and playback Your Content. You must ensure that you have all the necessary rights in Your Content that permit you to use the Application without infringing the rights of any copyright owners, violating any applicable laws or violating the terms of any license or agreement to which you are bound. You must ensure that Your Content is free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code. In transferring Your Content using the Application, you are responsible for complying with all applicable import, re-import, export, and re-export control laws and regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control. Failure to comply with these requirements may result in the immediate termination of your rights under this Agreement in accordance with Section 6.

5. Software

5.1. Use of the Software. We may make available to you, from time to time, software for your use in connection with the Application (collectively, the "Software"). Unless and to the extent specifically provided otherwise in the Software or related documentation (including any Readme file), you may use the Software only in connection with the Application and you may not (a) separate any individual component of the Software for use other than in connection with the Application, (b) incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs, (c) transfer it for use with another service, (d) use it, or any portion of it, over a network, (e) sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part, or (f) modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Software, whether in whole or in part, or create any derivative works from or of the Software. We may discontinue some or all of any Software at any time. We may also terminate your right to use any Software at any time and in such event may modify it to make it inoperable or take other actions as needed to restrict access to or availability of the Software.

5.2. Updates. In order to keep your Software up-to-date, we may automatically provide you with updates/upgrades to the Software.

5.3. Export Regulations; Government End Users. You agree to comply with all export and re-export restrictions and regulations and to not transfer, or encourage, assist, or authorize the transfer of the Software to a prohibited country, or otherwise in violation of any applicable restrictions or regulations. If you are a U.S. Government end user, we are licensing the Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Software are the same as the rights we grant to all others under this Agreement.

5.4. Information Provided. The Application and the Software may provide Amazon with information relating to your use and performance of the Application and the Software, as well as information regarding the devices on which you download and use the Application and the Service. For example, this information may include the device type, mobile network connectivity, location of the device, information about when the Software is launched, individual session lengths for use of the Application, or occurrences of technical errors. Any information we receive is subject to the Amazon.com privacy notice located athttp://www.amazon.com/privacy.

6. Suspension; Termination. You rights under this Agreement will automatically terminate without notice from us if you fail to comply with its terms. We may suspend or terminate your use of the Application at our discretion without notice at any time. You have no right to use the Application during a suspension or following a termination.

7. General

7.1. Severability of Terms. If any provision of this Agreement (including any amendment) is found invalid, void, or for any reason unenforceable, that provision is severable and does not affect the validity and enforceability of any remaining provisions.

7.2. Damages Cap. We provide the Application subject to the Disclaimer of Warranties and Limitation of Liability in theAmazon.com Conditions of Use.

7.3. Reservation of Rights; Waiver. We retain all right, title and interest in the Application and the Software. You do not acquire any ownership rights in the Software, even Software we make available for download. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights.

7.4. Contact Information; Copyright Notices. For communications concerning the Terms of Use, please write to Amazon.com, Attn: Legal Department, P.O. Box 81226, Seattle, WA 98108-1226. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the Notice and Procedure for Making Claims of Copyright Infringement specified in the Amazon.com Conditions of Use.

This application or device contains software from Gracenote, Inc. of Emeryville, California (“Gracenote”). The software from Gracenote (the “Gracenote Software”) enables this application to perform disc and/or file identification and obtain music-related information (“Gracenote Data”) from online servers or embedded databases (collectively, “Gracenote Servers”) and to perform other functions. You may use Gracenote Data only by means of the intended end-user functions of this application or device.

This application may contain content belonging to Gracenote’s providers. If so, all of the restrictions set forth herein with respect to Gracenote Data shall also apply to such content and such content providers shall be entitled to all of the benefits and protections set forth herein that are available to Gracenote.
You agree that you will use Gracenote Data, the Gracenote Software, and Gracenote Servers for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the Gracenote Software or any Gracenote Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE SOFTWARE, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.

You agree that your non-exclusive license to use the Gracenote Data, the Gracenote Software, and Gracenote Servers will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Gracenote Data, the Gracenote Software, and Gracenote Servers. Gracenote reserves all rights in Gracenote Data, the Gracenote Software, and the Gracenote Servers, including all ownership rights. Under no circumstances will Gracenote become liable for any payment to you for any information that you provide. You agree that Gracenote, Inc. may enforce its rights under this Agreement against you directly in its own name.

The Gracenote service uses a unique identifier to track queries for statistical purposes. The purpose of a randomly assigned numeric identifier is to allow the Gracenote service to count queries without knowing anything about who you are. For more information, see the web page for the Gracenote Privacy Policy for the Gracenote service.

The Gracenote Software and each item of Gracenote Data are licensed to you “AS IS.” Gracenote makes no representations or warranties, express or implied, regarding the accuracy of any Gracenote Data from in the Gracenote Servers. Gracenote reserves the right to delete data from the Gracenote Servers or to change data categories for any cause that Gracenote deems sufficient. No warranty is made that the Gracenote Software or Gracenote Servers are error-free or that functioning of Gracenote Software or Gracenote Servers will be uninterrupted. Gracenote is not obligated to provide you with new enhanced or additional data types or categories that Gracenote may provide in the future and is free to discontinue its services at any time.GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE SOFTWARE OR ANY GRACENOTE SERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.

© 2011. Gracenote, Inc. All Rights Reserved.

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