Your use of the service is subject to the following Terms of Use.

Amazon MP3 Store Terms of Use
Amazon Cloud Player Terms of Use

Amazon MP3 Store: Terms of Use

Last updated 18 September 2012

This is an agreement between you and Amazon Media EU S.à r.l. and, where applicable, its principals (Amazon Media EU S.à r.l., with its affiliates, “Amazon” or “we”) regarding the Amazon MP3 store and associated software and services (the “Store”). Before using the Store, please read these Terms of Use, all rules and policies related to the Store (including any product-specific rules or usage provisions specified on any product detail page or in any link from a product detail page), the Amazon.co.uk Privacy Notice, the Amazon.co.uk Conditions of Use & Sale and the Cookies and Internet Advertising Policy posted on Amazon.co.uk (collectively, the “Agreement”). If you use the Store, you will be bound by the Agreement.

1. The Store

The Store offers downloads of digitised versions of audio recordings, artwork and information relating to such audio recordings, and other content (collectively, “Music Content”).

2. Music Content

2.1 Rights Granted. Upon payment for Music Content, we grant you a non-exclusive, non-transferable right to use the Music Content only for your personal, non-commercial, entertainment use, subject to the Agreement.

2.2 Restrictions. You must comply with all applicable copyright and other laws in your use of the Music Content. Except as set forth in Section 2.1 above, you may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or otherwise transfer or use the Music Content. We do not grant you any synchronisation, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Music Content. As required by our Music Content providers, Music Content is available only to customers located in the United Kingdom.

2.3 Storage. When you purchase Music Content, you are directing us to store that Music Content in your Amazon Cloud Player account. Your use of the Amazon Cloud Player online music storage, management and playback service is subject to the Amazon Cloud Player Terms of Use, which you must accept in order to access your Music Content in Cloud Player.

2.4 All Sales Final; Explicit Content. All sales of Music Content are final and risk of loss transfers upon sale. Your statutory rights are not affected. We do not accept returns of Music Content. We have no liability for Music Content you find to be offensive, indecent or objectionable.

2.5 Unique Identifiers. Some record companies require us to insert identifiers in the metadata that accompanies Music Content from these companies that uniquely identify it as Music Content you have purchased from us (“Unique Identifiers”). These Unique Identifiers may contain information that can be used to identify you as the owner of the Music Content. For example, these Unique Identifiers may include a random number we assign to your order or copy, the Amazon store name, codes that identify the album and song (the UPC and ISRC), Amazon’s digital signature, and an identifier that can be used to determine whether the audio has been modified. Music Content supplied by Universal Music Group will also include in the Unique Identifier the purchase date and time, and the first part of the email address associated with your Amazon.co.uk account. You consent to the inclusion of these Unique Identifiers in the metadata of files you download containing purchased Music Content that may identify you as the owner of the purchased Music Content, and to the storage of those files on any device you use to download purchased Music Content, in order to allow us to meet record company requirements. Music Content sold in the Store that includes Unique Identifiers is marked on its product detail page. These Unique Identifiers do not affect the playback experience in any way.

3. Software

3.1 Use of the Software. We may make available to you software for your use in connection with the Store (collectively, the “Software”). You may use the Software only in connection with the Store. You may not, and you will not encourage, assist or authorise any other person to, separate any individual component of the Software for use other than in connection with the Store, incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, use it, or any portion of it, over a network, or sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. We may discontinue some or all of any Software we provide, and we may terminate your right to use any Software at any time and in such event may modify it to make it inoperable. Additional terms may apply to certain Software and will govern the use of such Software in the event of a conflict with the Agreement. More information on additional terms that apply to certain Software can be found in the Legal Notices section within the Software application.

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

3.3 Export Regulations. You agree to comply with all export and re-export restrictions and regulations that may apply to the Software.

4. No Reverse Engineering

You may not, and you will not encourage, assist or authorise any other person to, modify, reverse engineer, decompile (except to the extent such decompilation right cannot be excluded or limited by law and then only when the express permission of Amazon has been sought and refused), disassemble, or otherwise tamper with, the Software or the Unique Identifiers, whether in whole or in part, or create any derivative works from or of the Software.

5. General

5 .1 Reservation of Rights; Waiver. The Store, Software and Music Content embodies intellectual property that is protected by law. Except for the rights explicitly granted to you in the Agreement, all right, title and interest in the Store, Software and Music Content are reserved and retained by us, our Music Content providers, and our licensors. All licenses granted to you are non-exclusive and you do not acquire any ownership rights in the Software or Music Content. Music Content copyright owners 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.

5.2 Termination; Amendments. Your rights under the Agreement will automatically terminate without refund of any fees or any other compensation if you fail to comply with its terms. We may amend the Agreement at our sole discretion by posting the revised terms on the Store or on Amazon.co.uk. Your continued use of the Store or the Software after any amendment evidences your agreement to be bound by it.

5.3 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.

5.4 Contact Information. For communications concerning the Agreement, please write to Amazon Media EU S.à r.l., 5 Rue Plaetis, L-2338 Luxembourg.

6. Disputes

6.1 Governing Law and Jurisdiction. This Agreement will be interpreted and enforced in accordance with the laws of the Grand Duchy of Luxembourg, and Amazon and you submit to the non-exclusive jurisdiction of the courts of the district of Luxembourg City. The application of any conflict of laws rules and the Convention on Contracts for the International Sale of Goods are excluded from this Agreement.

6.2 Exclusions of Liability. Amazon will not be liable for (a) losses that were not reasonably foreseeable to you and Amazon at the time when you begin using the Store, (b) losses that did not arise from any breach or default on Amazon’s part, or (c) any business losses, or other losses that arise from any non-consumer use of the Store or Software, or your use of the Store or Software in a way that is prohibited by this Agreement. For losses that are not excluded by the above clause, Amazon’s and our Music Content providers’ total liability to you for compensation (including any statutory right to obtain a refund) will be limited to the amount you paid to purchase the Music Content related to your claim for damages. Nothing in this paragraph affects your statutory rights as a consumer or any liability for death, personal injury, or fraud.

Amazon Cloud Player: Terms of Use

Last updated 18 September 2012

This is an agreement between you and Amazon Media EU S.à r.l. (with its affiliates, “Amazon” or “we”) regarding the Amazon Cloud Player 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.co.uk), the Amazon.co.uk Privacy Notice, the Amazon.co.uk Conditions of Use & Sale and the Cookies and Internet Advertising Policy posted on Amazon.co.uk (collectively, the “Agreement”). If you use the Service, you will be bound by the Agreement.

1. The Cloud Player Service

1.1 The Service. The Service provides features and functionality which allow you to store, retrieve, manage and play back your music and related content, including your Matched Music as defined below (collectively, “Your Music”).

1.2 Matched Music. “Matched Music” is certain music and related content from our catalogue that we provide you access to because it matches music you imported from your device or music you purchased from us in MP3 format. If we find that music you have stored in the Service matches available music from our catalogue, you’ll receive access to that Matched Music to store in place of your existing files. When you use our importer tool, if we find that your music matches available music from our catalogue, you’ll receive access to that Matched Music to store instead of uploading the files from your device.

1.3 Unique Identifiers. Some record companies require us to insert identifiers in the metadata that accompanies music from these companies that uniquely identify it as music you have received from us (“Unique Identifiers”). This includes music you have purchased from Amazon.co.uk and Matched Music imported to the Service from your device. These Unique Identifiers may contain information that can be used to identify you as the owner of the purchased music or Matched Music. For example, these Unique Identifiers may include a random number we assign to your order or copy, the Amazon store name, codes that identify the album and song (the UPC and ISRC), Amazon’s digital signature, and an identifier that can be used to determine whether the audio has been modified. Music supplied by Universal Music Group will also include in the Unique Identifier the purchase date and time, and the first part of the email address associated with your Amazon.co.uk account. You consent to the inclusion of these Unique Identifiers in the metadata of files you download containing purchased music or Matched Music that may identify you as the owner of the purchased music or Matched Music, and to the storage of those files on any device you use to download purchased music or Matched Music, in order to allow us to meet record company requirements. Songs sold in the Amazon MP3 store that include these Unique Identifiers are marked on their product detail page. These Unique Identifiers do not affect the playback experience in any way.

2. Service Plans

2.1 Service Plan Selection. The Service offers free and paid plans, which have different storage capacity limits (each a “Service Plan”). You will have the free Service Plan if you haven’t chosen a paid Service Plan.

2.2 Service Plan Fees. If you have a paid Service Plan, the price stated is inclusive of VAT if applicable. Payment is non-refundable, even if you stop using the Service. 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. You are responsible for any internet access charges or mobile data fees and other third-party charges you may incur (for example, fees that may be charged by your internet service provider or wireless carrier) in using the Service.

2.3 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 authorise us (without notice) to collect the then-applicable fee and any taxes for the renewal plan, using a 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.

2.4 Promotional and Trial Offers. We may offer trial or promotional Service Plans (“Trial Plans”) for the Service. Some Trial Plans may automatically upgrade to a paid Service Plan at its regular price at the end of the promotional or trial period unless you choose not to upgrade. If you sign up for a Trial Plan that automatically upgrades, we will charge your credit card the applicable Service fee at the end of the Trial Plan unless you choose not to upgrade. Specific terms of Trial Plans will be provided with the plans.

3. Use of the Service.

3.1 Rights Granted. We grant you a non-exclusive, non-transferable right to use Matched Music only for your personal, non-commercial, entertainment use, subject to the Agreement. We do not grant you any synchronisation, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for Matched Music.

3.2 Playing and Managing Your Music with the Service. You may use the Service only for personal, non-commercial use. You may not use the Service to store, transfer or distribute content of or on behalf of third parties, to operate your own content application or service, to resell any part of the Service or for any form of unlawful file sharing. You are solely responsible for Your Music, including for ensuring that it has been lawfully acquired and for complying with all applicable copyright and other laws and with the terms of any licenses or agreements to which you are bound. You must ensure that Your Music is free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.

3.3 Use of Your Amazon.co.uk Account. To use the Service, you must have an Amazon.co.uk account, and you may be required to be logged in to the account and have a valid payment method associated with it. You may only use your Service Plan in connection with one Amazon.co.uk account. You may not share your Amazon.co.uk username and password with others or use anyone else’s Amazon.co.uk username and password.

3.4 Usage Restrictions. You may need to register the devices you use with the Service, and we may limit the number of devices you can register, the frequency with which you can change them, and the number of devices from which you can use the Service at any one time. The Service is offered in the United Kingdom. We may restrict access from other locations. There may be limits on the types of content you can store using the Service, such as file types we don’t support. If you exceed your Service Plan’s storage limit, including by downgrading or not renewing your Service Plan, you may no longer be able to access Your Music. We may impose other restrictions on use of the Service.

3.5 Our Use of Your Music to Provide the Service. We may use, access and retain Your Music in order to provide the Service to you and enforce the terms of the Agreement, and you expressly give us all permissions we need to do so. These permissions include, for example, the rights to copy Your Music for backup purposes and access Your Music to provide technical support. Amazon respects your privacy and Your Music is subject to the Amazon.co.uk Privacy Notice, located at www.amazon.co.uk/privacy.

4. Software.

4.1. Use of the Software. We may make available to you software for your use in connection with the Service (collectively, the “Software”). You may use the Software only in connection with the Service. You may not, and you will not encourage, assist or authorise any other person to, separate any individual component of the Software for use other than in connection with the Service, incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, use it, or any portion of it, over a network, or sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. We may discontinue some or all of any Software we provide, and we may terminate your right to use any Software at any time and in such event may modify it to make it inoperable. Additional terms may apply to certain Software and will govern the use of such Software in the event of a conflict with the Agreement. More information on additional terms that apply to certain Software can be found after the end of the Agreement or in the Legal Notices section within the Software application.

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

4.3. Export Regulations. You agree to comply with all export and re-export restrictions and regulations that may apply to the Software.

4.4. Information Provided to Amazon. The Service and Software may scan music and related content on your device and collect other information that may be used to identify music and related content on your device, such as the names of songs, song artists and associated metadata. The Service and Software will use this information to match content that you own to content from our catalogue. 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, IP address of the device, information about your internet service provider, information about when the Software is launched, individual session lengths for use of the Service, information about the content used through the Service, or occurrences of technical errors. Any information we receive is subject to the Amazon.co.uk Privacy Notice, located at www.amazon.co.uk/privacy.

5. No Reverse Engineering or Circumvention.

You may not, and you will not encourage, assist or authorise any other person to (a) modify, reverse engineer, decompile (except to the extent such decompilation right cannot be excluded or limited by law and then only when the express permission of Amazon has been sought and refused), disassemble, or otherwise tamper with, the Software or Unique Identifiers, whether in whole or in part, or create any derivative works from or of the Software or (b) circumvent, disable or dupe any methodology we use to identify music on your device and match it to music from our catalogue.

6. Changes; Suspension and Termination.

6.1 Changes. We may change, suspend or discontinue the Service or any part of it at any time. 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. We don’t guarantee that any particular music in our catalogue will be or will remain Matched Music. There may be unusual circumstances where due to legal reasons we may no longer be able to store or provide you access to particular content.

6.2 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 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 Music and you will not receive any refund of fees or any other compensation.

7. General

7.1. Reservation of Rights; Waiver. Except for the rights explicitly granted to you in the Agreement, all right, title and interest in the Service, the Software and the Matched Music are reserved and retained by us, our Matched Music providers, and our licensors. All licenses granted to you are non-exclusive and you do not acquire any ownership rights in the Software or Matched Music. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.

7.2. Amendments. We may amend the Agreement at our sole discretion by posting the revised terms in the Service or on Amazon.co.uk, 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.

7.3 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.

7.4. Contact Information; Copyright Notices. For communications concerning the Agreement or communications relating to any alleged copyright infringement of your work, please write to Amazon Media EU S.à r.l., 5 Rue Plaetis, L-2338 Luxembourg. If you believe that your work is being sold on the Amazon MP3 store in a way that constitutes copyright infringement, please follow the Notice and Procedure for Making Claims of Copyright Infringement specified in the Amazon.co.uk Conditions of Use & Sale.

8. Disputes.

8.1 Governing Law and Jurisdiction. This Agreement will be interpreted and enforced in accordance with the laws of the Grand Duchy of Luxembourg (without regards to principles of conflict of laws), and Amazon and you submit to the non-exclusive jurisdiction of the courts of the district of Luxembourg City for any dispute or claim arising from or relating to this Agreement.

8.2 Exclusions of Liability. Amazon will not be liable for (a) losses that were not reasonably foreseeable to you and Amazon at the time when you begin using the Service, (b) losses that did not arise from any breach or default on Amazon’s part, (c) any business losses, or other losses that arise from any non-consumer use of the Service or Software, or your use of the Service or Software in a way that is prohibited by this Agreement, or (d) loss, damage or misappropriation of Your Music. For losses that are not excluded by the above clause, Amazon’s and our Matched Music providers’ total liability to you for compensation (including any statutory right to obtain a refund) will be limited to the amount you paid (if any) for your then current Service Plan. Nothing in this paragraph affects your statutory rights as a consumer or any liability for death, personal injury, or fraud.

Gracenote Terms

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 the 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.