AMAZON CLOUD DRIVE TERMS OF USE
Last Updated: January 18, 2016
AMAZON CLOUD DRIVE TERMS OF USE
This is an agreement between you and Amazon Digital Services LLC (with its affiliates, "Amazon", "we" or "us") regarding the Amazon Cloud Drive service and associated software (the "Service"). Before using the Service, please read these Terms of Use, all rules and policies related to the Service (including any service plan specific rules, usage restrictions and other conditions or procedures that we post or update on or through the Service 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, you will be bound by the Agreement.
1. THE CLOUD DRIVE SERVICE
1.1 THE SERVICE. The Service provides storage, retrieval, management and access features and functionality for your photos, videos, and other files ("Your Files"). By using the Service, you are directing us to store, manage, and provide access to Your Files on your behalf.
1.2 USING YOUR FILES WITH THE SERVICE. You may use the Service only to store, retrieve, manage, and access Your Files for personal, non-commercial purposes using the features and functionality we make available. You may not use the Service to store, transfer 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. 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 that allow you to share Your Files with others. You may only share Your Files in which you have all necessary copyright and other rights. If you share a file, anyone with access to that file may view and download copies of the file. You are solely responsible for how you share Your Files and who may access Your Files 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 right of others, or any license or other agreement by which you are bound.
1.4 THIRD PARTY SERVICES. The Service may allow you to give third party websites, apps, and services ("Third Party 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. 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.
2. SERVICE PLANS
2.1 SERVICE PLANS; TRIAL PLANS. The Service offers plans with different limits and fees (each a "Service Plan"). We may offer trial or promotional Service Plans ("Trial Plans"). Some Trial Plans automatically convert to a paid Service Plan at its regular price at the end of the trial or promotional period unless you choose not to upgrade. If you sign up for a Trial Plan that automatically upgrades, we will charge your credit card at the end of the Trial Plan unless you choose to cancel. Trial Plans may be subject to additional terms.
2.2 FEES. The price stated for each Service Plan does not include any taxes that we may charge. Payment is non-refundable, even if you stop using the 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 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.
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 CREDIT CARD 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.
You must use a credit card to pay for a Service Plan. Do not sign up for a Service Plan with a debit card. Also known as a "check" or "ATM" card, a debit card typically has the word "debit" printed on the face of the card.
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 SERVICE
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 is 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, such as file types we don't support, and on the number or type of devices you can use to access the Service. We may impose other restrictions on use of the Service.
3.3 OUR USE OF YOUR FILES TO PROVIDE THE SERVICE. We may use, access, and retain Your Files in order to provide the Service to you and enforce the terms of the Agreement, 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, 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 Service (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 Service and the Software may provide Amazon with information relating to your use and the performance of the Service and the Software, as well as information regarding the devices on which you download and use the Service 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, content used through the Service, 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, suspend or discontinue the Service, or any part of it, at any time without notice. If we discontinue the Service, 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, suspend or terminate your use of the Service 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 Service or harms our interests or those of another user of the Service. If your Service Plan is restricted, suspended 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 Service 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 Service 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 SERVICE 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.
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 Service or information, materials or products included on or otherwise made available to you through the Service (excluding the Software), exceed the amount you paid for the Service 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 Service or the Agreement. These limitations will apply to you even if the remedies fail of their essential purpose.
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