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Last updated 10 December, 2012
1. 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, 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, and 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 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.
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.
4.1. Use of the Software. We may make available to you software for your use in connection with the Service (“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.
4.2. 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.
Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorise any other person to (a) modify, reverse engineer, decompile, disassemble, or otherwise tamper with, the Unique Identifiers, whether in whole or in part, 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.
7.1. Reservation of Rights; Waiver. All licenses granted to you are non-exclusive. 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 Right Infringements as described in the Amazon.co.uk Conditions of Use and Sale.
8.1 Governing Law and Jurisdiction. 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 and Sale. You agree to those terms by entering into the Agreement or using the Service.
8.2 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 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. 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 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 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.
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