Amazon MP3 Store: Terms of Use

Last updated August 13, 2013

This is an agreement between you and Amazon Digital Services, Inc. (Amazon Digital Services, Inc., with its affiliates, "Amazon" or "we") regarding the Amazon MP3 store and associated software and services (the "Store"). Before using the Store, please read these Terms of Use, all rules and policies related to the Store (including any product-specific rules or usage provisions specified on any product detail page or in any link from a product detail page), the Amazon.com Privacy Notice and Amazon.com Conditions of Use posted on Amazon.com (collectively, the "Agreement"). If you use the Store, you will be bound by the Agreement.

1. THE STORE

The Store enables you to purchase digitized versions of audio recordings, artwork and information relating to such audio recordings, and other content (collectively, "Music Content").

2. MUSIC CONTENT

2.1 Rights Granted. Upon payment for Music Content, we grant you a non-exclusive, non-transferable right to use the Music Content only for your personal, non-commercial purposes, subject to the Agreement.

2.2 Restrictions. You must comply with all applicable copyright and other laws in your use of the Music Content. Except as set forth in Section 2.1 above, you may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Music Content. We do not grant you any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Music Content. As required by our Music Content providers, Music Content is available only to customers located in the United States.

2.3 Storage. When you purchase Music Content, you are directing us to store that Music Content in your Amazon Cloud Player account. Your use of the Amazon Cloud Player online music storage, management and playback service is subject to the Amazon Cloud Player Terms of Use, which you must accept in order to access your Music Content in Cloud Player.

2.4 All Sales Final; Explicit Content. All sales of Music Content are final and risk of loss transfers upon sale. We do not accept returns of Music Content. We have no liability for Music Content you find to be offensive, indecent or objectionable.

2.5 Unique Identifiers. Some record companies require us to insert identifiers in the metadata that accompanies Music Content from these companies that uniquely identify it as Music Content you have purchased from us ("Unique Identifiers"). 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, 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. Music Content sold in the Store that includes Unique Identifiers is marked on its product detail page. These Unique Identifiers do not affect the playback experience in any way. You may not, and you will not encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Unique Identifiers, whether in whole or in part.

2.6 Music Content Sold by Sony Music Entertainment. Sony Music Entertainment sells directly certain of the Music Content available through the Store. Music Content sold by Sony Music Entertainment is subject to the Sony Music Entertainment Usage Terms set forth at the end of this Agreement, in lieu of Sections 2.1 and 2.2 above.

3. SOFTWARE

We may make available to you software for your use in connection with the Store (the "Software"). Terms contained in the Amazon.com Conditions of Use 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.

4. GENERAL

4.1 Reservation of Rights; Waiver. The Store, Software and Music Content embodies intellectual property that is protected by law. Music Content copyright owners are intended third-party beneficiaries under the Agreement and may enforce the Agreement against you and invoke all rights under the Agreement including limitations of liability. 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.

4.2 Termination; Amendments. Your rights under the Agreement will automatically terminate without notice and without refund of any fees or any other compensation if you fail to comply with its terms. We may amend the Agreement at our sole discretion by posting the revised terms on the Store or on Amazon.com. Your continued use of the Store or the Software after any amendment evidences your agreement to be bound by it.

4.3 Contact Information. For communications concerning the Agreement, please write to Amazon.com, Attn: Legal Department, P.O. Box 81226, Seattle, WA 98108-1226.

4.4 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. DISPUTES

5.1 Disputes/Binding Arbitration. Any dispute or claim arising from or relating to the Agreement or the Store 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://www.amazon.com/conditionsofuse. You agree to those terms by entering into the Agreement or using the Store.

5.2 Limitation 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); and (b) in no event will our or our Music Content providers' total liability to you for all damages arising from your use of the Store, the Music Content, or information, materials or products included on or otherwise made available to you through the Store (excluding the Software), exceed the amount you paid to purchase the Music Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.

Sony Music Entertainment Usage Terms

You may purchase Music Content sold by Sony Music Entertainment only for personal, non-commercial purposes. You must comply with all applicable copyright and other laws in your use of the Music Content sold by Sony Music Entertainment. No synchronization, public performance, reproduction, distribution or other copyright rights are granted by Sony Music Entertainment. Music Content sold by Sony Music Entertainment is available only to customers located in the United States.

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