Revision History
Amazon.com - Amazon Drive and Prime Photos Terms of Use
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Version Comments
This document has been renamed to "Amazon Drive and Prime Photos Terms of Use" and a new version has been added.
Minor change: "Amazon Digital Services, Inc." renamed to "Amazon Digital Services, LLC".
The first 3 sections have been updated: The Cloud Drive Service, Service Plans, and Use of the Service.
A new section on "Third Party Services" has been added including this: "The Service may allow you to give third party websites, apps, and services [...] access to Your Files, including the ability to make copies of Your Files, modify or delete Your Files, or create new files on your behalf."
This is the initial version that ParanoidPaul captured. It is not necessarily the first version of the document.
AMAZON CLOUD DRIVE AND PRIME PHOTOS TERMS OF USE

	Last Updated: JanuaryOctober 18, 2016 

	 AMAZON CLOUD DRIVE AND PRIME PHOTOS TERMS OF USE  

	 This is an agreement between you and Amazon Digital Services LLC (with(together with its affiliates, "Amazon", "we""we", or "us") regarding the Amazon Cloud Drive serviceand Prime Photos services and associated software (the "Service")."Services"). Before using the Service,Services, please read these Terms of Use, all rules and policies related to the ServiceServices (including any service plan specific rules, usage restrictions and other conditions or procedures that we post or update on or through the ServiceServices or on Amazon.com), the Amazon.com Privacy Notice located at www.amazon.com/privacy and the Amazon.com Conditions of Use located at www.amazon.com/conditionsofuse posted on Amazon.com (collectively, the "Agreement"). If you use the Service,Services, you will be bound by the Agreement. 

	 1. THE CLOUDAMAZON DRIVE SERVICEAND PRIME PHOTOS SERVICES  

	 1.1 THE SERVICE.SERVICES. The Service providesServices provide storage, retrieval, managementmanagement, and access features and functionality for your photos, videos, and other files ("Your Files"). The Services may provide auto-organization features and functionality, including features and functionality that allow you to sort your photos by the people, objects, and scenes in those photos and the metadata associated with those photos. When enabled, the Services may use image recognition technology to group together photos containing people with similar facial characteristics. We retain image recognition data, including data about the faces, in the photos you store using the Services until you disable the image recognition features or terminate your account's access to the Services. If your image recognition features are disabled, we will stop storing image recognition data for you, and we will not tag any new photos uploaded to your account. Image recognition features are enabled automatically when you begin using the Services unless the billing information associated with your account indicates that you may be an Illinois resident, in which case the image recognition features will be disabled and must be enabled by you. You may enable or disable the Services' image recognition features through your account settings here. You can learn more about the Services' image recognition features here . The Services may also allow you to enable a Family Vault feature for a limited number of family and friends that you invite. Each member of the Family Vault will have access to the Services and the ability to contribute content to an archive accessible by all members of the Family Vault. The Family Vault and image recognition features may not be available to all customers. By using the Service,Services, you are directing us to store, manage, organize, and provide access to Your Files on your behalf. 

	 1.2 USING YOUR FILES WITH THE SERVICE.SERVICES. You may use the ServiceServices only to store, retrieve, manage, organize, and access Your Files for personal, non-commercial purposes using the features and functionality we make available. You may not use the ServiceServices to store, transfertransfer, or distribute content of or on behalf of third parties, to operate your own file storage application or service, to operate a photography business or other commercial service, or to resell any part of the Service.Services. You are solely responsible for Your Files and for complying with all applicable copyright and other laws, including import and export control laws and regulations, and with the terms of any licenses or agreements to which you are bound. You must ensure that Your Files are free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code. 

	 1.3 SHARING YOUR FILES. The Service may provide features	You agree that allow you to share Your Files with others. Youthe Services may only share Your Files in which you have all necessary copyright and other rights. If you share a file, anyone with accessuse image recognition to that file may viewanalyze, organize, and download copiestag photos of you. By using the file. You are solely responsible for howServices with image recognition features enabled, you share Your Filesunderstand that image recognition analysis will be performed on the photos stored in your account, and who may access Your Filesyou represent to us that you share. You may not share files (a) that contain defamatory, threatening, abusive, pornographic, or otherwise objectionable material, (b) that advocate bigotry, hatred, or illegal discrimination, or (c) if sharing those files violates any law, any intellectual property, publicity, privacy, or other righthave obtained the informed written consent of others, or any license or other agreement by which you are bound.the individuals in the photos stored in your account permitting us to use image recognition analysis on photos of them.  

	1.4 THIRD PARTY SERVICES. The Service may allow	When you to give third party websites, apps, and services ("Third Party Services") access to Your Files, includingenable a Family Vault, only you will control whether image recognition features are enabled in the ability to make copies of Your Files, modify or delete Your Files, or create new files onFamily Vault. If you enable image recognition features in your behalf. The use and storage of Your Files by Third Party ServicesFamily Vault, you understand that image recognition analysis will be governedperformed on all of the photos stored by their privacy policiesmembers of the Family Vault, and terms. Amazon has no responsibility or liability with respectyou represent to us that you have obtained the informed written consent of each member connected to your Family Vault to use image recognition analysis on photos of Third Party Services orthem. Further, you represent that you have ensured that each member of your Family Vault has obtained the content, functionality, or actsinformed written consent of Third Partythe individuals in the photos they store through the Services to use image recognition analysis on photos of them. If you use.are invited to participate in a Prime member's Family Vault, the Prime member who invited you will control whether image recognition features are enabled for the Family Vault. If the image recognition features are enabled for the Family Vault, image recognition analysis will be performed on the photos you store through the Services. By accepting the Family Vault invitation, you represent to us that you have obtained the informed written consent of each individual in the photos stored using the Services to use image recognition analysis on photos of them. 

	 2. SERVICE PLANS  	Turning off the image recognition features does not affect any consent that you may have given to others to the use of image recognition features on photos of you. 

	 2.1 SERVICE PLANS; TRIAL PLANS.1.3 SHARING YOUR FILES. The Service offers plans with different limits and fees (each a "Service Plan"). WeServices may offer trial or promotional Service Plans ("Trial Plans"). Some Trial Plans automatically convertprovide features that allow you to share Your Files with others, including through a paid Service Plan at its regular price at the endFamily Vault. Each member of the trial or promotional period unlessa Family Vault will be able to share Your Files that you choose to contribute to the Family Vault with others, including individuals that are not members of the Family Vault. By placing Your Files in a Family Vault, you agree to upgrade.allow such sharing. You may only share Your Files in which you have all necessary copyright and other rights. If you sign up forshare a Trial Planfile, anyone with access to that automatically upgrades, we will charge your credit card at the endfile may view and download copies of the Trial Plan unlessfile. You are solely responsible for how you choose to cancel. Trial Plansshare Your Files and who may be subject to additional terms.access Your Files that you share. You may not share files, whether in electronic or tangible print form, (a) that contain defamatory, threatening, abusive, pornographic, or otherwise objectionable material, (b) that advocate bigotry, hatred, or illegal discrimination, or (c) if sharing those files violates any law, any intellectual property, publicity, privacy, or other right of others, or any license or other agreement by which you are bound. 

	 2.2 FEES.	1.4 THIRD PARTY SERVICES. The price stated for each Service Plan does not include any taxes that weServices may charge. Payment is non-refundable, even ifallow you stop usingto give third party websites, apps, and services ("Third Party Services") access to Your Files, including the ability to make copies of Your Files, print, modify, or delete Your Files, or create new files on your behalf. The use and storage of Your Files by Third Party Services will be governed by their privacy policies and terms. Amazon has no responsibility or liability with respect to your use of Third Party Services or the content, functionality, or acts of Third Party Services you use. You may manage and revoke access for Third Party Services through the Service.settings menu in your account. 

	 2.3 CHANGING YOUR2. SERVICE PLAN. If you upgrade your Service Plan, the upgrade will take effect immediately, we will charge you the applicable fee, and your Service Plan term may be extended, as described at the time you upgrade. If you downgrade your Service Plan, unless otherwise specified, the downgrade will take effect at the end of the term of your existing Service Plan. If you no longer have a Service Plan or exceed your Service Plan's storage limit, including by downgrading or not renewing your Service Plan or no longer qualifying for an Additional Benefit, we may delete or restrict access to Your Files. PLANS  

	 2.4 AUTOMATIC RENEWAL. UNLESS YOU NOTIFY US BEFORE RENEWAL THAT YOU WANT TO CANCEL OR YOU SET YOUR2.1 SERVICE ACCOUNT TO NOT AUTO RENEW, YOUR PAID SERVICE PLAN WILL AUTOMATICALLY RENEW AT THE END OF ITS TERM, AND YOU AUTHORIZE US (WITHOUT NOTICE) TO COLLECT THE THEN-APPLICABLE FEE AND ANY TAXES FOR THE RENEWAL PLAN, USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU. Service Plan feesPLANS; TRIAL PLANS. The Services may offer plans with different limits and featuresfees (each a "Service Plan"). We may change over time. Your renewal plan will beoffer trial or promotional Service Plans ("Trial Plans"). Some Trial Plans automatically convert to a paid Service Plan at its regular price at the one weend of the trial or promotional period unless you choose as being closestnot to upgrade. If you sign up for a Trial Plan that automatically upgrades, we will charge your Service Plan.payment method at the end of the Trial Plan unless you choose to cancel. Trial Plans may be subject to additional terms. 

	 You must use a credit card to pay2.2 FEES. The price stated for aeach Service Plan. DoPlan does not sign up for ainclude any taxes that we may charge. Payment is non-refundable, even if you stop using the applicable Service. 

	 2.3 CHANGING YOUR SERVICE PLAN. If you upgrade your Service Plan, the upgrade will take effect immediately, we will charge you the applicable fee, and your Service Plan with a debit card. Also knownterm may be extended, as a "check" or "ATM" card, a debit card typically hasdescribed at the word "debit" printed ontime you upgrade. If you downgrade your Service Plan, unless otherwise specified, the facedowngrade will take effect at the end of the card.term of your existing Service Plan. If you no longer have a Service Plan or exceed your Service Plan's storage limit, including by downgrading or not renewing your Service Plan or no longer qualifying for an Additional Benefit (as described below), we may delete or restrict access to Your Files. 

	 2.4 AUTOMATIC RENEWAL. UNLESS YOU NOTIFY US BEFORE RENEWAL THAT YOU WANT TO CANCEL OR YOU SET YOUR SERVICE ACCOUNT TO NOT AUTO RENEW, YOUR PAID SERVICE PLAN WILL AUTOMATICALLY RENEW AT THE END OF ITS TERM, AND YOU AUTHORIZE US (WITHOUT NOTICE) TO COLLECT THE THEN-APPLICABLE FEE AND ANY TAXES FOR THE RENEWAL PLAN, USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU. Service Plan fees and features may change over time. Your renewal plan will be the one we choose as being closest to your Service Plan. 

	2.5 ADDITIONAL SERVICE BENEFITS. We may offer additional Service benefits, such as incremental storage capacity or free storage of certain file types, including in connection with other products and services, such as Amazon Prime ("Additional Benefits"). Additional Benefits are separate from any Service Plan and are subject to any additional terms and conditions provided with the Additional Benefits or the applicable product or service. 

	 3. USE OF THE SERVICESERVICES  

	 3.1 USE OF YOUR AMAZON.COM ACCOUNT. You may only use your Service Plan in connection with one Amazon.com account. You may not share your Amazon.com username and password with others or use anyone else's Amazon.com username and password. You are responsible for maintaining appropriate security and protection of Your Files. 

	 3.2 USAGE RESTRICTIONS AND LIMITS. The Service isServices are offered in the United States. We may restrict access from other locations. There may be limits on the types of content you can store and share using the Service,Services, such as file types we don'tdo not support, and on the number or type of devices you can use to access the Service.Services. We may impose other restrictions on use of the Service.Services. 

	 3.3 OUR USE OF YOUR FILES TO PROVIDE THE SERVICE.FILES. We may use, access, and retain Your Files in order to provide the ServiceServices to you andyou, enforce the terms of the Agreement, and improve our services, and you give us all permissions we need to do so. These permissions include, for example, the rights to copy Your Files for backup purposes,Files, modify Your Files to enable access in different formats, use information about Your Files to organize them on your behalf, and access Your Files to provide technical support. Amazon respects your privacy and Your Files are subject to the Amazon.com Privacy Notice located at www.amazon.com/privacy. 

	 4. SOFTWARE  

	 4.1 USE OF THE SOFTWARE. We may make available to you software for your use in connection with the ServiceServices (the "Software"). Terms contained in the Amazon.com Conditions of Use apply to your use of the Software. For additional terms that apply to certain third party software, click here or see the Legal, Third Party Licenses or similar setting in the Settings menu of the Software. 

	 4.2 INFORMATION PROVIDED TO AMAZON. The ServiceServices and the Software may provide Amazon with information relating to your use and the performance of the ServiceServices and the Software, as well as information regarding the devices on which you download and use the ServiceServices and the Software. 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 Service,Services, content used through the Service,Services, or occurrences of technical errors. Any information we receive is subject to the Amazon.com Privacy Notice. 

	 5. CHANGES; SUSPENSION AND TERMINATION  

	 5.1 CHANGES. We may change, suspendsuspend, or discontinue the Service,Services, or any part of it,them, at any time without notice. If we discontinue the Service,Services, we will give you a prorated refund of any fees paid for your Service Plan based on the number of full months remaining in your Service Plan. 

	 5.2 SUSPENSION AND TERMINATION. Your rights under the Agreement will automatically terminate without notice if you fail to comply with its terms. We may terminate the Agreement or restrict, suspendsuspend, or terminate your use of the ServiceServices at our discretion without notice at any time, including if we determine that your use violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of the ServiceServices or harms our interests or those of another user of the Service.Services. If your Service Plan is restricted, suspendedsuspended, or terminated, you may be unable to access Your Files and you will not receive any refund of fees or any other compensation. 

	 6. GENERAL  

	 6.1 NO WAIVER. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.  

	 6.2 AMENDMENT. We may amend the Agreement at our sole discretion by posting the revised terms in the ServiceServices or on Amazon.com, but any increase in fees will not affect the cost of your Service Plan during its term. Your continued use of the ServiceServices or the Software after any amendment evidences your agreement to be bound by it. 

	 6.3 CONTACT INFORMATION; COPYRIGHT NOTICES. For communications concerning the Agreement, 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. 

	 6.4 DISPUTES/BINDING ARBITRATION. ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THE AGREEMENT OR THE SERVICESERVICES IS SUBJECT TO THE BINDING ARBITRATION, GOVERNING LAW, DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY AND ALL OTHER TERMS IN THE AMAZON.COM CONDITIONS OF USE AT WWW.AMAZON.COM/CONDITIONSOFUSE. YOU AGREE TO THOSE TERMS BY ENTERING INTO THE AGREEMENT OR USING THE SERVICE.SERVICES.  

	 6.5 LIMITATIONS OF LIABILITY. Without limiting the disclaimer of warranties and limitation of liability in the Amazon.com Conditions of Use: (a) in no event will our or our software licensors' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Software exceed the amount of fifty dollars ($50.00); (b) in no event will our total liability to you for all damages arising from your use of the Services or information, materials, or products included on or otherwise made available to you through the Services (excluding the Software), exceed the amount you paid for the Services related to your claim for damages; and (c) we have no liability for any loss, damage, or misappropriation of Your Files under any circumstances or for any consequences related to changes, restrictions, suspensions, or termination of the Services or the Agreement. These limitations will apply to you even if the remedies fail of their essential purpose. 

	 6.5 LIMITATIONS OF LIABILITY. Without limiting6.6 NOTICE TO ILLINOIS RESIDENTS. The image recognition features of the disclaimerServices are not initially enabled for residents of warranties and limitation of liability in the Amazon.com ConditionsState of Use: (a) in no event will our or our software licensors' total liability toIllinois. If you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inabilityare an Illinois resident and wish to use the Software exceedimage recognition features of the amount of fifty dollars ($50.00); (b)Services for the photos stored in no event will our total liability to you for all damages arising from your use of the Service or information, materials or products included on or otherwise made available toaccount, you through the Service (excluding the Software), exceed the amount you paid for the Service relatedare required to your claim for damages;read and (c) we have no liability for any loss, damage or misappropriation of Your Files under any circumstances or for any consequences relatedagree to changes, restrictions, suspensions or termination of the Service or the Agreement. These limitations will apply to you even if the remedies failimportant legal information regarding your use of their essential purpose.such features here.

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