Last Updated: May 1, 2015
Welcome to the terms and conditions ("Terms") for Amazon Instant Video. These Terms are between you and Amazon Instant Video Limited and/or its affiliates, specifically Amazon EU Sarl ("Amazon" "us" or "we"). The Terms, all rules and policies related to Amazon (including, but not limited to, any product-specific rules or usage provisions specified on any product detail page, in any link from the product detail page, or on any help or other informational page for the service), Conditions of Use & Sale and Privacy Notice, as well as all other applicable terms, conditions, limitations and requirements on the Amazon.co.uk website, are all (as changed over time) incorporated into these Terms and together are the "Agreement". You accept and agree to these Terms by clicking "Watch Now", "Buy", "Rent" or their equivalent on Amazon Instant Video. Please read these Terms carefully.
1. THE SERVICE
a. The Service. Amazon Instant Video (formerly known as Lovefilm Instant and Lovefilm By Post) (the "Service") offers digitised and physical versions of movies, television shows, sporting events, news events, and other video content (collectively, "Content") and other services under certain terms and conditions as set forth in this Agreement. The Service allows you to access and view digital Content in two different ways: by streaming a copy, or by downloading a copy (the "Digital Service"). The Service also allows you to receive physical versions of Content by post ("LOVEFiLM By Post"). As indicated on the product detail pages of the Digital Service, some digital Content may be available for streaming only through your subscription to a digital subscription plan (monthly subscription plan known as "Prime Instant Video" or through your annual Prime membership, if relevant), some digital Content may be available for download only, and some digital Content may be available for streaming and download.
b. Subscription. Our subscription Services are dynamic services and the specific subscription Content plans available and amount of subscription Content available will generally change over time. We make no guarantee as to the availability of specific subscription Content or the minimum amount of subscription Content available in any subscription. Any additional terms applicable to a subscription (such as the applicable rate, cancellation and refund policy) will be indicated on the informational pages for that subscription. If you have a Prime Instant Video plan and a LOVEFiLM By Post plan then you can manage your Prime Instant Video and LOVEFiLM By Post membership from separate pages in 'Your Account' settings on Amazon.co.uk. We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. We will notify subscribers by email at least 30 days in advance of any such change. If you do not agree to the change, you may cancel your membership or subscription online through the "Your account" section of the Amazon.co.uk website.
c. Billing. Should your chosen payment method be invalid for the Service, we reserve the right to use any payment card we have on record for you to take payment from. If you have a subscription Content plan which allows you access to both Prime Instant Video and LOVEFiLM By Post, you will see that your billing statement will show two separate payment lines for the Service, shown as "Prime InstantVideo" and "LOVEFiLM DVD Rental" on your bank statement. This does not affect the total payment you are making for your chosen Service plan, the way in which payment is taken from you or your billing date. Your chosen payment method shall also be the card that is used to make 1-Click purchases for any Digital Content that you may purchase or rent (see section 3 below).
d. Age. You must be at least 18 years of age to use the Service.
2. COMPATIBLE DEVICES
In order to be able to stream or download Content from the Digital Service and to view Content on the Digital Service, you will need to use a personal computer 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 Digital 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. DIGITAL CONTENT
a. General. The Digital 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 (for example, through Prime Instant Video) ("Subscription Digital Content"), and (iv) access Digital Content on a free or promotional basis for viewing over a limited period of time ("Free Digital Content"). Digital Content may be available on the Service as Rental Digital Content, Purchased Digital Content, Subscription Digital Content, Free Digital Content, or any combination of those. The basis on which Digital Content is available on the Service will be indicated on the product detail page for that Digital Content on the Service. 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 on the Service.
b. Usage Rules. Your use of Digital Content is subject to the Amazon Instant Video Usage Rules (below) (the "Usage Rules"). The Usage Rules provide important information regarding your use of Digital Content, including the time period during which you are authorised to view different types of Digital Content (the "Viewing Period" for that Digital Content) and limitations on the number and type of Compatible Devices on which each type of Digital Content may be downloaded, streamed, and viewed.
c. License to Digital Content. Subject to your payment of any applicable fees (including applicable taxes) to rent, purchase, or otherwise obtain access to Digital Content, and your compliance with all other terms we specify for Digital Content or the Digital Service, Amazon grants you a non-exclusive, non-transferable, non-sublicensable, limited right and 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. As used herein, "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, student accommodation, 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 student accommodation 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.
d. Availability of Purchased Digital Content. Purchased Digital Content will generally continue to be available to you for download or streaming from the Digital 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 authorised for such download so that you can view that Purchased Digital Content if it becomes unavailable for further download or streaming from the Digital Service.
e. 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.
f. 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 go up and down 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 content.
4. LOVEFiLM BY POST SERVICE
a. Postage. Discs can only be delivered to addresses within the United Kingdom (including Northern Ireland and BFPO addresses); this excludes PO Box addresses. We cannot be held responsible for items belonging to you or those belonging to a third party, which are sent to us in error. It is your responsibility to keep your address up to date at all times. All discs remain our property at all times.
b. Priority. Although we allow you to prioritise the order in which you would like to view discs, we cannot guarantee that such requests are met. We will endeavour (but cannot guarantee) to ship your next rental(s) within one business day of receiving your previous rental(s) back into our distribution centre.
c. Lost Discs. It is your responsibility to report all lost discs online. We reserve the right to charge you £10 per lost DVD and £15 per lost Blu-ray for any discs you have lost. We are unable to offer a refund for any discs which are paid for by you and then found at a later date. You must wait a minimum of four working days before reporting a disc as not received or lost on the way back to us in the post.
d. Damage. You agree to treat the discs and their associated packaging with the utmost care at all times. You agree that we may charge your payment method if it is returned in an unreasonable condition (reasonable wear and tear accepted). In this event, we will give you advance notice before charging you. The current charges are £10 per damaged DVD and £15 per damaged Blu-ray.
e. Discs. We allow you to have a maximum number of discs out on rent at any one time. Once you have received that maximum number of discs, you will not receive any further discs until we have processed discs that you have returned.
a. 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 Conditions of Use & Sale 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 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 you download and stream and your use of that Digital Content (such 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.co.uk privacy notice located at Amazon.co.uk/privacy.
6. LIMITED TO UNITED KINGDOM AND NORTHERN IRELAND
Due to restrictions placed on us by our content providers, we are currently only able to make the Service available to customers who have an address located in the United Kingdom, the Channel Islands and the Isle of Man and a credit card registered at that address. We regret that you may not use the Service if you are outside of these territories without such registered address and payment method. You may not stream or attempt to stream any content under your Prime Instant Video plan from anywhere outside the United Kingdom, the Channel Islands or the Isle of Man or to use any technology to obscure or disguise your location. You acknowledge that we may use technologies to verify your location.
7. ALL RENTALS AND SALES FINAL, CANCELLATION
a. All purchases and rentals of Digital Content are final (subject to the cancellation right set out in (b) below). We do not accept returns of Digital Content.
b. Cancellation of order for released Digital Content. You can cancel your order for any Digital Content within fourteen days from the date of purchase or rental by contacting Amazon customer service. However, you may not cancel once you have started watching or downloading the Digital Content. By placing an order to purchase or rent the Digital Content, you acknowledge and agree to this.
c. Cancellation of pre-order Digital Content. Either you or Amazon may cancel a pre-order for Digital Content any time prior to the date of release of the Digital Content. The release date of the pre-ordered Digital Content is subject to change.
8. FREE TRIAL
a. Eligibility. Free trials are only available to new subscribers to the Service or to previous subscribers to the Service who have not had a free trial in the previous twelve months. You must have internet access and valid payment details to redeem a free trial offer.
b. Billing. We will begin billing you at the end of your free trial, and thereafter on prescribed intervals, monthly unless otherwise indicated, for the chosen Service, unless you cancel prior to the end of your free trial. We will continue to bill you by your chosen payment method for the Service until you complete the cancellation process. Should your chosen payment method be invalid for the Service, we reserve the right to use any payment card we have on record for you to take payment from. You must cancel your account (through the "Your Account" section of the Amazon website) and return all discs to us before the end of your free trial to avoid charges.
c. Changes. LOVEFiLM By Post members may not change their subscription plan during a free trial. Doing so will result in termination of the free trial and the start of regular billing for the plan members have converted to. Prime Instant Video members may convert to or from a Prime membership at any time during their free trial.
9. ADDITIONAL TERMS
a. General Restrictions. You may not transfer, copy or display the Content, except as permitted in this Agreement. In addition, you may not: i. sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Content to any third party; ii. remove any proprietary notices or labels on the 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 any part of the Service or Content for any commercial or illegal purpose.
b. Termination by us. We may terminate your Amazon Instant Video or LOVEFiLM by Post membership at our discretion without notice. If we do so we shall give you a pro-rated refund of your membership fee. If you violate any of the terms or conditions of these Terms, your rights under this Agreement will automatically terminate without notice from us, and we may, in our 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 return all discs, and we shall have the right, without notice to you, to automatically discontinue your access to Content from the Service. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
c. Cancellation by you. If you have just signed up to the Service and have changed your mind about subscribing, you may cancel your membership within fourteen days of the day after the date on which you subscribe by contacting Amazon customer service and receive a full refund of your first month's subscription fee.
In addition to this right, you may cancel your subscription to the Service at any time, such cancellation to take effect at the end of the then current billing month. You will continue to have access to the Service through the end of your billing period. To cancel, go to the "Your Account" section of the Amazon website and follow the instructions under the heading "Cancel My Account". We may require you to activate cancellation via telephone. If you have a subscription which includes Prime Instant Video and LOVEFiLM By Post, you may be required to cancel your Prime Instant Video plan and LOVEFiLM By Post plan separately on "Your Account" pages for each Service. Unless you have chosen to cancel your membership at the end of your current billing period, upon requesting cancellation no further discs will be dispatched to you, unless they were processed by our warehouse a few minutes prior to your cancellation request. We are unable to accept or guarantee cancellation requests via any social media channels. Please note that it is your responsibility to ensure that all discs are returned, and we reserve the right to insist that all discs must be returned to us before the cancellation will be confirmed. All references to "return" or "returned" in these Terms mean that we must have received the discs in question. Once all discs have been returned, the cancellation will take effect immediately and a confirmation email will be sent to you. We reserve the right to charge a replacement cost of up to £10 for any non-returned DVDs and £15 for any non-returned Blu-ray.
d. Explicit Content. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language or other features. Nevertheless, you agree to use the Service at your sole risk, and Amazon shall have no liability to you for content that may be found to be offensive, indecent or objectionable. Content types (including genres, sub-genres, and categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Amazon does not guarantee their accuracy.
e. Amendments. We reserve the right to make changes to these Terms, the Service, the Amazon Conditions of Use & Sale, our Privacy Notice or any aspect of the Amazon Instant Video membership from time to time by posting revisions on the Amazon.co.uk website. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP OR STOP USING THE SERVICE. If any change is found invalid, void or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.
f. Third-Party Beneficiaries. Content providers providing Digital Content that you rent, purchase, or view on the Service are intended third-party beneficiaries under this Agreement.
g. Limitation of Liability. Amazon.co.uk will be responsible for any losses you suffer as a result of us breaching these Terms if the losses were reasonably foreseeable to both you and to us when you joined the Amazon Instant Video Service. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) nor will we be responsible for any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you joined the Service. Amazon.co.uk does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or willful misconduct. Subject to the proceeding sentence, our maximum liability to you will not exceed the amount of fees that you paid for the Service over the past 12 months.
h. Events beyond our Reasonable Control. We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
Amazon Instant Video Limited
One Leadenhall Street
Registered in England & Wales
Company Registered Number: 6528297
Prime Instant Video
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY.
Amazon Instant Video's End-User License Agreement ("Licence Agreement") is a legal agreement between you and Amazon Instant Video ("Amazon") for the software product(s) which Amazon may make available to you from time to time to enable you to use the Amazon Products and Services and which may include associated software components, media, printed materials, and "online" or electronic documentation ("Software"). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Licence Agreement. If you do not agree to or cannot comply with the terms and conditions of this Licence Agreement, or our Amazon Instant Video Terms and Conditions ("Terms and Conditions"), do not install, copy, and/or use the Software or any of Amazon's Products and Services which use the Software.
Subject to the terms of this Licence Agreement and our Terms and Conditions, Amazon grants you a limited, non-exclusive, revocable license to download and make personal non-commercial use of the Software.
The Software contains and/or embodies copyright material, proprietary material and/or other intellectual property of Amazon and/or its licensors. All right, title and ownership in the Software remains with Amazon and/or its licensors, as applicable. The rights to download and use the Software are licenced to you and are not being sold to you, and you have no rights in it other than to use it in accordance with this Licence Agreement and our Terms and Conditions.
You agree that you will not and you will not assist any third party to:
You may not use the Software to make the Products and Services available to the public.
The films, tv programs, images, music, text, and other material ("Content") made available via the Software is owned by Amazon or its Licensors and your use of it is limited by our Terms and Conditions
Amazon reserves the right to use the Software at any time to enforce the Terms and Conditions with or without notice to you. The use of the Software is at your own risk. The Software is provided on an "as is" and "as available" basis. Except as required by law, Amazon gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the Software.
In no event shall Amazon, its affilliates, directors, employees or licensors be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption or computer failure) arising out your use of or inability to use the Software or any errors, viruses or bugs contained in the Software, even if you have advised us of the possibility of such loss. Your only right or remedy with respect to any problems or dissatisfaction you have with the Software is to uninstall it or stop using it.
You agree to indemnify and hold Amazon and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your breach of this License Agreement or your violation of any laws, regulations or third party rights in relation to your use of the Software.
You may terminate this Licence Agreement at any time by uninstalling the Software from your Device.
Amazon may terminate this Licence Agreement at any time by giving you one month's notice in writing and immediately if:
Amazon may transfer its rights and obligations under this Licence Agreement to any company, firm or person at any time if it does not affect your rights under it. You may not transfer your right or obligations under this Licence Agreement to anyone else. This Licence Agreement is personal to you and no third party is entitled to benefit under the Licence Agreement except as set out here.
This Licence Agreement is governed by English Law.
Amazon Instant Video Limited, company number 06528297, whose registered office is located at Leadenhall Court, One Leadenhall Street, London EC3V 1PP, United Kingdom and its VAT number is 882 5966 68.