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Last updated 10 December, 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 (located at www.amazon.co.uk/privacy), the Amazon.co.uk Conditions of Use and Sale (located at www.amazon.co.uk/conditions) and the Cookies and Internet Advertising Policy (located at www.amazon.co.uk/cookiesandinternetadvertising) (collectively, the "Agreement"). If you use the Store, you will be bound by the Agreement.
The Store offers downloads of digitised versions of audio recordings, artwork and information relating to such audio recordings, and other content (collectively, "Music Content").
2.1 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, purchase date and time, an indicator that the music was downloaded from Amazon, codes that identify the album and song (the UPC and ISRC), Amazon's digital signature, an identifier that can be used to determine whether the audio has been modified, and an indicator whether the music was purchased from the MP3 Store or imported to Cloud Player. 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. Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorise any other person to, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Unique Identifiers, whether in whole or in part.
3. Software. We may make available to you software for your use in connection with the Store (the “Software”). Terms contained in the Amazon.co.uk Conditions of Use and Sale apply to your use of the Software. For additional terms that apply to certain third party software, see the Legal Notices section within the Software application. You agree to comply with all export and re-export restrictions and regulations that may apply to the Software.
4.1 Reservation of Rights; Waiver. The Store, Software and Music Content embodies intellectual property that is protected by law. All licenses granted to you are non-exclusive. 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.
4.2 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.
4.3 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.
4.4 Contact Information. For communications concerning the Agreement, please write to Amazon Media EU S.à r.l., 5 Rue Plaetis, L-2338 Luxembourg.
5.1 Disputes. Any dispute or claim arising from or relating to the Agreement or the Store is subject to the governing law, disclaimer of warranties and limitation of liability and all other terms in the Amazon.co.uk Conditions of Use and Sale. You agree to those terms by entering into the Agreement or using the Store.
5.2 Exclusions of Liability. Without limiting the disclaimer of warranties and limitation of liability in the Amazon.co.uk Conditions of Use and Sale, 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. The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights. Nothing in this paragraph affects your statutory rights as a consumer or any liability for death, personal injury, or fraud.
This page details the Terms of Use of the Amazon MP3 Store.