AMAZON VIDEO TERMS OF USE
Last Updated: January 25, 2016
This is an agreement between you and Amazon Digital Services LLC (with its affiliates, "Amazon" or "we"). Please read these terms of use, all rules and policies related to the Amazon Video Service (including, but not limited to, the Amazon Video usage rules, any product-specific rules or usage provisions specified on any product detail page, in any link from a product detail page, or on any help or other informational page for the service), the Amazon.com Privacy Notice, and the Amazon.com Conditions of Use (collectively, this "Agreement"). You accept and agree to the terms of this Agreement by clicking "watch now," "buy," "rent," or their equivalent on the Amazon Video service.
1. THE SERVICE
The Amazon Video service (formerly known as Amazon Instant Video) (the "Service") offers digitized versions of movies, television shows, sporting events, news events, and other video content (collectively, "Digital Content") and other services under the conditions set forth in this Agreement. The Service allows you to access and view Digital Content by streaming or downloading a copy. As indicated on the product detail pages of the Service, some Digital Content may be available for streaming only, some Digital Content may be available for download only, and some Digital Content may be available for streaming and download.
2. COMPATIBLE DEVICES
In order to be able to stream or download, and view, Digital Content on the Service, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service (each such device, a "Compatible Device"). Some Compatible Devices may be used only to stream Digital Content, some Compatible Devices may be used only to download Digital Content, and some Compatible Devices may be used to stream and download Digital Content. We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
3. LIMITED TO U.S.
Due to restrictions placed on us by our content providers, we are currently only able to make the Service available to customers located in the United States. We regret that you may not use the Service if you are outside of the United States. "United States" refers to the United States and U.S. territories.
4. RENTAL AND SALE CANCELLATIONS
Within twenty-four hours of purchase or rental of Digital Content, you can cancel a purchase by clicking "Cancel Your Order" from Your Digital Orders on the Amazon website. After twenty-four hours, or once you have started to stream or download that Digital Content, purchases and rentals of Digital Content are final.
5. DIGITAL CONTENT
A. GENERAL. The Service may allow you to: (i) rent Digital Content for viewing over a limited period of time ("Rental Digital Content"), (ii) purchase Digital Content for viewing over an indefinite period of time ("Purchased Digital Content"), (iii) access Digital Content on a subscription basis for viewing over a limited period of time during a subscription period ("Subscription Digital Content"), and (iv) access Digital Content on a free, ad-supported or promotional basis for viewing over a limited period of time ("Free Digital Content"). Digital Content may be available as Rental Digital Content, Purchased Digital Content, Subscription Digital Content, Free Digital Content, or any combination of those. From time to time, we may add or remove Digital Content from the Service and may change the basis on which Digital Content is available.
B. USAGE RULES. Your use of Digital Content is subject to the Amazon Video Usage Rules (the "Usage Rules"). The Usage Rules provide important information, including the time period during which you are authorized to view different types of Digital Content (the "Viewing Period") and limitations on the number and type of Compatible Devices on which each type of Digital Content may be downloaded, streamed, and viewed.
C. SUBSCRIPTIONS. Offers for subscriptions, the subscription services, the extent of subscription content, and the specific titles available through subscription services, will all change over time. We make no guarantee as to the availability of specific Subscription Digital Content or the minimum amount of Subscription Digital Content available in any subscription. Additional terms applicable to a subscription (such as the applicable cancellation and refund policy) will be indicated on the informational pages for that subscription. If you purchase a subscription or start a free trial for a subscription, your subscription will automatically continue at the regular subscription price using a payment method we have on record for you. You must use a credit card to pay for a subscription. Please do not sign up for a subscription with a debit card. We reserve the right to change subscription terms and prices from time to time, effective as of the beginning of the next subscription term. Some of the subscription services that we sell are from third parties. Third parties that provide subscription services (for example through the Streaming Partners Program) may change or discontinue the features of their services or the content in their services. Amazon is not responsible for the content contained in any subscription service from a third party or the features of any subscription service from a third party.
D. LICENSE TO DIGITAL CONTENT. Subject to payment of any applicable fees to rent, purchase, or access Digital Content, and your compliance with all terms of this Agreement, Amazon grants you a personal, non-exclusive, non-transferable, non-sublicensable, license, during the applicable Viewing Period, to access, view, use and display the Digital Content in accordance with the Usage Rules, for Non-Commercial, Private Use. "Non-Commercial, Private Use" means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to view the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing the Digital Content. To simplify your viewing and management of Digital Content that has a limited Viewing Period (such as Rental Digital Content and Subscription Digital Content), we may automatically remove that Digital Content from your Compatible Device after the end of its Viewing Period, and you consent to such automatic removal.
E. AVAILABILITY OF PURCHASED DIGITAL CONTENT. Purchased Digital Content will generally continue to be available to you for download or streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions and for other reasons, and Amazon will not be liable to you if Purchased Digital Content becomes unavailable for further download or streaming. You may download and store your own copy of Purchased Digital Content on a Compatible Device authorized for such download so that you can view that Purchased Digital Content if it becomes unavailable for further download or streaming from the Service.
F. DOWNLOADING AND RISK OF LOSS. If you plan to download Digital Content that you purchase or rent, we encourage you to do so promptly after your purchase or rental. If you are unable to complete a download after having reviewed our online help resources, please contact Amazon customer service. Once you purchase or rent Digital Content and we make the Digital Content available to you, you are responsible for completing the download, if you choose to download, and for all risk of loss of the Digital Content after download.
G. STREAMING. When you stream Digital Content, the resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are streaming the Digital Content and your bandwidth, which may increase or decrease over the course of your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the Digital Content we stream to you in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming, even if you have paid extra for access to high definition, ultra-high definition, or high-dynamic-range content.
H. GENERAL RESTRICTIONS. You may not transfer, copy or display the Digital Content, except as permitted in this Agreement. In addition, you may not: (i) sell, rent, lease, distribute, or broadcast any right to the Digital Content to any third party; (ii) remove any proprietary notices or labels on the Digital Content; (iii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service; or, (iv) use the Service or Digital Content for any commercial or illegal purpose.
6. SOFTWARE
A. USE OF THE SOFTWARE. We may make available 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.
B. INFORMATION PROVIDED TO AMAZON. The Software may provide Amazon with data about your Compatible Device and its interaction with the Service (such as device type, network connectivity, IP address of the device and unique device identifiers that allow us to link your Compatible Device to your Service account). The Software may also provide Amazon with information related to the Digital Content that you download and stream and your use of that Digital Content (such as whether and when you viewed the Digital Content, which may, among other things, help us measure the Viewing Period for Rental Digital Content). Any information we receive is subject to the Amazon.com privacy notice located at https://www.amazon.com/privacy.
7. ADDITIONAL TERMS
A. TERMINATION. If you violate any of the terms of this Agreement, your rights under this Agreement will automatically terminate without notice from us, and Amazon may, in its discretion, immediately revoke your access to the Service without notice to you and without refund of any fees. In such event, you must delete all copies of Digital Content that you have downloaded, and Amazon may automatically discontinue your access to Digital Content.
B. EXPLICIT CONTENT. You understand that by using the Service, you may encounter content that may be offensive, indecent or objectionable; this content may or may not be identified as having explicit language or other attributes. Nevertheless, you agree to use the Service at your sole risk, and Amazon has no liability to you for any content. Content types, genres categories, and descriptions are provided for convenience, and Amazon does not guarantee their accuracy.
C. COMMUNICATIONS. We may send you promotions or otherwise communicate with you electronically via e-mail, and you hereby consent to receive those communications, regardless of requests you may have indicated on the Amazon.com website or by any other means. If you would like to stop receiving e-mail notifications from Amazon Video, you must cancel all applicable Amazon Video subscriptions, which may be cancelled here: Manage Your Video Subscriptions.
D. MODIFICATION OF SERVICE. Amazon reserves the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and without notice to you, and Amazon will not be liable to you should it exercise such rights, even if your use of Digital Content is impacted by the change.
E. AMENDMENTS. Amazon reserves the right to make changes to this Agreement at any time by posting the revised terms in connection with the Services or on Amazon.com. Your continued use of the Service following any such changes will constitute your acceptance of such changes.
F. RESERVATION OF RIGHTS; WAIVER. THE SERVICE AND THE DIGITAL CONTENT EMBODY INTELLECTUAL PROPERTY THAT IS PROTECTED BY LAW. COPYRIGHT OWNERS OF DIGITAL CONTENT ARE INTENDED THIRD-PARTY BENEFICIARIES UNDER THE AGREEMENT AND MAY ENFORCE THE AGREEMENT AGAINST YOU AND INVOKE ALL RIGHTS UNDER THE AGREEMENT INCLUDING LIMITATIONS OF LIABILITY. OUR FAILURE TO INSIST UPON OR ENFORCE YOUR STRICT COMPLIANCE WITH THE AGREEMENT WILL NOT CONSTITUTE A WAIVER OF ANY OF OUR RIGHTS.
G. DISPUTES/BINDING ARBITRATION. ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS 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 HTTPS://WWW.AMAZON.COM/CONDITIONSOFUSE. YOU AGREE TO THOSE TERMS BY ENTERING INTO THIS AGREEMENT OR USING THE SERVICE.
H. LIMITATION OF LIABILITY. Without limiting the Disclaimer of Warranties and Limitation of Liability in the Amazon.com Conditions of Use: (i) in no event shall 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); and (ii) in no event shall our or our Digital Content providers' total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service, exceed the amount you paid to us to purchase, rent, or view the Digital Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.
I. CONTACT INFORMATION. For communications concerning this Agreement, please write to Amazon.com, Attn: Legal Department, P.O. Box 81226, Seattle, WA 98108-1226.
J. SEVERABILITY. If any term or condition of the Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
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