Amazon GameCircle Terms of Use

Last updated: 21st February 2013

These Terms of Use are part of an agreement between you and Amazon Media EU S.a.r.l. (together with its affiliates, “Amazon” or “we”) regarding use of Amazon GameCircle and associated software and services (“GameCircle”). Before you use GameCircle, please read these Terms of Use, the Amazon.co.uk Privacy Notice, the Amazon.co.uk Conditions of Use and Sale, the the Cookies and Internet Advertising Policy, the Amazon Appstore for Android Terms of Use and all rules and policies related to the Amazon Appstore and GameCircle (including, but not limited to, any rules or usage provisions specified on any product detail page or on any help or other informational page for the Amazon Appstore or GameCircle) (collectively, the "Agreement").

BY USING GAMECIRCLE, YOU AGREE TO BE BOUND BY THE AGREEMENT.

1. Amazon GameCircle

GameCircle provides game-related features, such as Whispersync for Games, achievements, leaderboards, and friends, for certain software games, applications and other digital products for mobile devices (“Apps”) that we distribute through the Amazon Appstore for Android. An App may offer all, some or none of the features of GameCircle.

2. Using GameCircle

2.1 Your User Name. If you use GameCircle, we will assign a default user name for you. You may change your user name at any time. Your user name will be public, unless you choose to use GameCircle in "hidden" mode. You may not select a user name that is the real name of, or otherwise impersonates, another person, or is illegal, obscene, offensive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.

2.2 Leaderboards and Achievements. GameCircle, and Apps that offer GameCircle (“GameCircle Enabled Apps”), may include leaderboard and achievement features that allow you and others to track your scores and achievements (for instance, what levels you’ve completed in a game) and compare those scores and achievements with those of others. Your username, scores and achievements for GameCircle Enabled Apps will be displayed on public leaderboards and shared with App publishers. Your scores will be displayed with your user name unless you’ve chosen to use GameCircle in "hidden" mode, in which case your scores will be displayed but the username will be shown as "hidden".

2.3 Whispersync for Games. GameCircle includes Whispersync for Games, which stores your game play information for GameCircle Enabled Apps in the Amazon cloud and syncs that information to other mobile devices that support GameCircle and are registered to your Amazon.co.uk account. This allows you to keep your game play synchronised across multiple devices and to retain your game progress if you install a GameCircle Enabled App on a new device. The publisher of an App determines whether to enable Whispersync for Games for that App and what game play information is stored and synced. We are not liable if your game play information is not stored or available through Whispersync for Games for any reason.

2.4 Friends. GameCircle includes a friends feature which allows you to become "friends" with other GameCircle users. Your friends will be able to see information about you, including the games you own, your scores and achievements, when you play games, and other game play information.

2.5 Mobile Data Fees; Access Charges. You are responsible for any mobile data fees and other third-party charges you may incur (for example, fees that may be charged by your carrier) in connection with your access and use of GameCircle.

3. Use of GameCircle and GameCircle Software

3.1 GameCircle Software. We may make available software, either on a standalone basis or incorporated in an App or other software, that you need to install on your device in order to use GameCircle on that device ("GameCircle Software"). Terms contained in the Amazon.co.uk Conditions of Use apply to your use of the GameCircle Software. You agree to comply with all export and re-export restrictions and regulations that may apply to GameCircle or the GameCircle Software.

3.2 Information Provided to Amazon. The GameCircle Software and GameCircle Enabled Apps will provide Amazon with information regarding your use of GameCircle and GameCircle Enabled Apps, such as your user name, scores, achievements, friends, game play information, and how often and for how long you play GameCircle Enabled Apps. Any information we receive is subject to the Amazon.co.uk Privacy Notice.

4. General

4.1 Termination; Amendments. Your rights under this Agreement will automatically terminate without notice from us if you fail to comply with any of its terms. We may also terminate your right to use GameCircle at any time. In case of such termination, you must cease all use of GameCircle, and we may immediately revoke your access to GameCircle without notice to you. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights. We may amend any of this Agreement's terms by posting the revised terms on the Amazon.co.uk website. Your continued use of GameCircle after the effective date of the revised Agreement terms constitutes your acceptance of the terms.

4.2 Limitation of Liability. Without limiting the “Our Liability” section in the Amazon.co.uk Conditions of Use and Sale, Amazon will not be liable for any losses that arise from any use of GameCircle or GameCircle Software in any way that is prohibited by the Agreement. For losses that are not excluded, Amazon's liability to you for compensation will be limited to fifty Pounds Sterling (£50.00). Nothing in this paragraph affects your statutory rights as a consumer or any liability for death, personal injury, or fraud.

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.

5.6 Contact Information. For communications concerning this Agreement, please contact Amazon at Amazon Media EU S.a.r.l., 5 Rue Plaetis, L-2338 Luxembourg (Lux. Reg. no. 112767, Share Capital E12.500, Trading authorization no. 110001).

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