Last Updated: 20 December 2016
This is an agreement between you and Amazon Media EU S.à.r.l. (with its affiliates, "Amazon", "we" or "us") regarding the Amazon 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 Amazon Drive Service
1.1 The Service. The Service provides storage, retrieval, management and access features and functionality for your photos, videos, and other 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 for personal, non-commercial purposes 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, to operate a photography business or other commercial 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.
1.4 Third Party Services. The Service may allow you to give third-party websites, apps, and services ("Third Party Services") access to Your Files, including the ability to make copies of Your Files, modify or delete Your Files, or create new files on your behalf. The use and storage of Your Files by Third Party Services will be governed by their privacy policies and terms. Amazon has no responsibility or liability with respect to your use of Third Party Services or the content, functionality, or acts of Third Party Services you use.
2 Service Plans
2.1 Service Plans; Trial Plans. The Service offers plans with different storage limits and fees (each a "Service Plan"). We may offer trial or promotional Service Plans (“Trial Plans”). Some Trial Plans automatically convert to a paid Service Plan at its regular price at the end of the trial or promotional period, unless you choose not to upgrade. Where you sign up for a Trial Plan that automatically converts and you do not cancel it before the end of the trial period, you authorise us to collect the then-applicable Service Plan fees including any taxes, using any payment card we have on record for you.
2.2 Service Plan Fees; Refunds. The price stated for each Service Plan is inclusive of VAT if applicable. Payment is non-refundable after the first 14 days, even if you stop using the Service. If you choose to cancel your Service Plan within this 14 day period, we will reimburse you any payment you have made in relation to the term of the current Service Plan. 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. Any increase in the annual fees for your Service Plan will not be applied before the renewal of the 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 to collect the then-applicable fee (including any taxes) for the renewal plan, using any payment method we have on record for you. We will send you a reminder at least 30 days before the renewal date. Service Plan fees and features may change over time. Our reminder to you will set out the fees for your Service Plan that will apply following the renewal, as well as other key information about your Service Plan. 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 payment method 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.
2.5 Additional Service Benefits. We may offer additional Service benefits, such as incremental storage capacity or free storage of certain file types, including in connection with other products and services such as Amazon Prime ("Additional Benefits"). Additional Benefits are separate from any Service Plan and are subject to any additional terms and conditions provided with the Additional Benefits or the applicable product or service.
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; Storage Limits. 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 and share 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 no longer have a Service Plan or you exceed your Service Plan's storage limit, including by downgrading or not renewing your Service Plan or no longer qualifying for an Additional Benefit, we may delete or restrict access to Your Files upon notice to you. 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 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, use information about Your Files to organise them on your behalf, 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 certain 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, location 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; Discontinuation; Suspension and Termination
5.1 Changes. We may change the Service, or any part of it, at any time: for legal or regulatory reasons; for security reasons; to enhance features of the Service; to reflect advancements in technology; to make reasonable technical adjustments to the Service; and to ensure the ongoing operability of the Service. We will inform you a reasonable period in advance of any material changes becoming effective. You will be entitled not to accept such changes and to terminate your Service Plan within a reasonable timeframe. If you choose to terminate in these circumstances, we will give you a prorated refund of any fees paid for your then current Service Plan based on the number of full months remaining in such Service Plan. The provisions of this Clause 5.1 shall prevail over condition 15 of the Amazon.co.uk Conditions of Use to the extent of any conflict or inconsistency between the two terms.
5.2 Discontinuation of the Service. We may discontinue the Service or any part of it at any time: for legal or regulatory reasons or security reasons. In the unlikely event that we do choose to discontinue the Service, we will need to terminate your Service Plan. We will inform you a reasonable period in advance of such discontinuation and termination to enable you to retrieve Your Files and we will give you a prorated refund of any fees paid for your then current Service Plan based on the number of full months remaining in such Service Plan.
5.3 Suspension and Termination. We may terminate the Agreement or restrict, suspend or terminate your use of the Service at any time, if we determine that your use materially or seriously violates the Agreement or otherwise involves fraud or misuse of the Service or harms our interests or those of another user of the Service. We will inform you of any decision to restrict, suspend or terminate the Service Plan, to the extent that we are legally permitted to do so, and you may challenge the decision through our Customer Services. If your Service Plan is restricted, suspended or terminated as a result of your violation of the Agreement, fraud or misuse of the Service, you may be unable to access Your Files and you will not receive any refund of fees or any other compensation. You may terminate the Agreement if we breach the terms of this Agreement, and if you do so you will receive a prorated refund of any fees paid for your then current Service Plan based on the number of full months remaining in such Service Plan.
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 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.
6.3 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.
6.4 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.
6.5 Exclusions of Liability. Amazon will exercise reasonable care and skill in providing the Service to you and, unless otherwise excluded below, we will not limit our liability to you in respect of losses you incur that arise as a direct result of our failure to do so. 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, or (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. For losses that are not excluded by this 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.
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