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Amazon Cloud Drive: Terms of Use

Last Updated: May 02, 2013

This is an agreement between you and Amazon Media EU S.ŕ.r.l. (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.co.uk), the Privacy Notice located at www.amazon.co.uk/privacy, the Conditions of Use & Sale located at www.amazon.co.uk/conditions and the Cookies and Internet Advertising Policy located at www.amazon.co.uk/cookiesandinternetadvertising posted on Amazon.co.uk (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 features and functionality which allow you to store, retrieve, manage and access your 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 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, 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 licences or agreements to which you are bound. You must ensure that Your Files have been lawfully acquired and 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.

2 Service Plans

2.1 Service Plan Selection. The Service offers free and paid plans, which have different storage capacity limits and fees (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.

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 Use of Your Amazon.co.uk Account. 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. You are responsible for maintaining appropriate security and protection of Your Files.

3.2 Usage Restrictions. 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, and on the number or type of devices you can use to access the Service. 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 Files. 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 expressly 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, and access Your Files to provide technical support. Amazon respects your privacy and Your Files are subject to the Amazon.co.uk Privacy Notice.

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.co.uk Conditions of Use apply to your use of the Software. For additional terms that apply to third party software click here or see the Legal, Third Party Licences or similar settings 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, 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.

5 Changes; Suspension and Termination

5.1 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.

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 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.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.

6.3 Severability. If any term or condition of this 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.

6.4 Contact Information; Copyright Notices. For communications concerning the Agreement, please contact Amazon at Amazon Media EU Sarl, 5 Rue Plaetis, L-2338 Luxembourg. For communications relating to any alleged copyright infringement of your work, please contact notice@amazon.co.uk.

6.5 Disputes. Any dispute or claim arising from or relating to the Agreement or the Service 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 at www.amazon.co.uk/conditions. You agree to those terms by entering into the Agreement or using the Service.

6.6 Exclusions of Liability. Without limiting the disclaimer of warranties and limitation of liability in the Amazon.co.uk Conditions of Use, 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, (d) loss, damage or misappropriation of Your Files. For losses that are not excluded by the above clause, Amazon’s 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.

This page includes information about the Terms of Use of Amazon Cloud Drive.
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