Amazon Cloud Drive: Terms of Use
Last Updated: August 21, 2012
This is an agreement between you and Amazon Digital Services, Inc. (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.com), the Amazon.com Privacy Notice and the Amazon.com Conditions of Use posted on Amazon.com (the "Agreement"). If you use the Service, you will be bound by the Agreement.
1.1 The Service. The Service provides storage, retrieval, management and access features and functionality for 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 licenses or agreements to which you are bound. You must ensure that Your Files are free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.
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 havent chosen a paid Service Plan.
2.2 Service Plan Fees. If you have a paid Service Plan, the price stated does not include any taxes that we may charge. 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. You are responsible for any internet access charges or mobile data fees and other third-party charges you may incur (for example, fees that may be charged by your internet service provider or wireless carrier) in using the Service.
2.3 Automatic Renewal. UNLESS YOU NOTIFY US BEFORE RENEWAL THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOUR PAID SERVICE PLAN WILL AUTOMATICALLY RENEW AT THE END OF ITS TERM, AND YOU AUTHORIZE US (WITHOUT NOTICE) TO COLLECT THE THEN-APPLICABLE FEE AND ANY TAXES FOR THE RENEWAL PLAN, USING ANY CREDIT CARD 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.
You must use a credit card to pay for a Service Plan. Do not sign up for a Service Plan with a debit card. Also known as a "check" or "ATM" card, a debit card typically has the word "debit" printed on the face of the card. MasterCard uses a unique debit hologram above the MasterCard logo. Visa identifies its debit cards as check cards and prints the word debit above the Visa logo.
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.
3.1 Use of Your Amazon.com Account. You may only use your Service Plan in connection with one Amazon.com account. You may not share your Amazon.com username and password with others or use anyone elses Amazon.com 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 States. 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 dont support, and on the number or type of devices you can use to access the Service. If you exceed your Service Plans 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 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.com Privacy Notice, located at www.amazon.com/privacy.
4.1 Use of the Software. We may make available to you software for your use in connection with the Service (collectively, the "Software"). You may use the Software only in connection with the Service. You may not, and you will not encourage, assist or authorize any other person to, separate any individual component of the Software for use other than in connection with the Service; incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs; transfer it for use with another service; use it, or any portion of it, over a network; sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part; or modify, reverse engineer, decompile, disassemble, or otherwise tamper with the Software or create any derivative works from or of the Software. We may discontinue some or all of any Software we provide, and we may terminate your right to use any Software at any time and in such event may modify it to make it inoperable. Additional terms may apply to certain Software and will govern the use of such Software in the event of a conflict with the Agreement. More information on additional terms that apply to certain Software can be found here.
4.2 Updates. In order to keep your Software up-to-date, we may automatically provide you with updates/upgrades to the Software.
4.3 Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Software. If you are a U.S. Government end user, we are licensing the Software to you as a a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. ยง 2.101), and the rights we grant you to the Software are the same as the rights we grant to all others under the Agreement.
4.4 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, location of the device, information about when the Software is launched, individual session lengths for use of the Service, content used through the Service, or occurrences of technical errors. Any information we receive is subject to the Amazon.com privacy notice located at www.amazon.com/privacy.
5.1 Changes. We may change, suspend or discontinue the Service, or any part of it, at any time without notice. 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 without notice 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.
6.1 Reservation of Rights; Waiver. Except for the rights explicitly granted to you in the Agreement, all right, title and interest in the Service and the Software are reserved and retained by us and our licensors. You do not acquire any ownership rights in the Software. 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.com, 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 Contact Information; Copyright Notices. For communications concerning the Agreement, please write to Amazon.com, Attn: Legal Department, P.O. Box 81226, Seattle, WA 98108-1226. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the Notice and Procedure for Making Claims of Copyright Infringement specified in the Amazon.com Conditions of Use.
6.4 Disputes/Binding Arbitration. Any dispute or claim arising from or relating to the Agreement or the Service is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in the Amazon.com Conditions of Use at http://amazon.com/conditionsofuse. You agree to those terms by entering into the Agreement or using the Service.
6.5 Limitations of Liability. Without limiting the disclaimer of warranties and limitation of liability in the Amazon.com Conditions of Use: (a) in no event will our or our software licensors' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Software exceed the amount of fifty dollars ($50.00); (b) in no event will our total liability to you for all damages arising from your use of the Service or information, materials or products included on or otherwise made available to you through the Service (excluding the Software), exceed the amount you paid for the Service related to your claim for damages; and (c) we have no liability for any loss, damage or misappropriation of Your Files under any circumstances or for any consequences related to changes, restrictions, suspensions or termination of the Service or the Agreement. These limitations will apply to you even if the remedies fail of their essential purpose.