Last updated: September 17, 2014
For the purpose of this Agreement:
"App" means any third-party app downloadable through the Amazon Appstore (including any updates/upgrades to that app).
"Digital Content" means digitized electronic content, such as books, newspapers, magazines, journals, music, videos, Apps, blogs, RSS feeds, games, and other static and interactive electronic content.
"Kindle" means Amazon's portable electronic reading devices and tablets.
"Reading Application" means software (including any updates/upgrades to that software) we make available that permits users to shop for, download, browse, and/or use Digital Content on a Supported Device.
"Service" means the wireless connectivity that we provide Kindle users, the provision of Digital Content, Software, and support and other services that we provide Kindle and Reading Application users.
"Software" means the Reading Applications and all software on the Kindle (including any updates/upgrades to that software), and any related documentation that, in either case, we make available to you from time to time for use on a Kindle or Supported Device, but excludes Apps.
"Supported Device" means a mobile, computer or other supported electronic device other than a Kindle on which you are authorized to operate a Reading Application.
1. Wireless Connectivity
Use of Wireless Connectivity. Your Kindle uses wireless connectivity to allow you to shop for, download, browse and use Digital Content. Some Kindle devices may require you to purchase a data plan from a third party in order to receive and use wireless connectivity. In such case, your wireless connectivity is subject to the terms imposed by the wireless provider. In addition, if your Kindle functions with third party services, such as Wi-Fi access points, a third party may charge you fees for the use of those services. If your Kindle is not subject to a data plan or other third party fees, generally, we do not charge you for use of wireless connectivity.
However, your Kindle may use wireless connectivity to make other services available to you for which we may charge you a fee, such as personal file download and subscriptions when you are located in another country. The fees and terms for such services are located on the Amazon.com website or on or through your Kindle and may change from time to time.
Your Conduct. You may use the wireless connectivity provided by us only in connection with the Service as permitted by this Agreement. You may not use the wireless connectivity for any other purpose.
Availability. If your Kindle is located in an area in which it cannot maintain wireless connectivity, you may not be able to use some or all of the Service. We are not responsible for the unavailability of wireless connectivity for your Kindle or any corresponding loss of Service. Events beyond our reasonable control (such as changes in service or terms by wireless carriers) may impact the terms or circumstances under which we provide you wireless connectivity and may result in a change to these terms or a temporary or permanent modification or loss of wireless connectivity for your Kindle.2. Device and Software
Use of the Software. You may use the Software only on a Kindle or through a Reading Application on a Supported Device. For additional terms that apply to the Software, see the Additional Amazon Software Terms contained in the Amazon.com Conditions of Use and the terms contained in the Legal or similar section in the Settings menu of your Kindle or Reading Application.
Location Services. Some Kindle devices have a feature that, when enabled, allows maps, other applications, and Amazon to use and access location and related information from your Kindle. Learn more about location services including our enhanced location services.Learn more about location services including our enhanced location services by visiting our Help pages at Amazon.com. If you are using location services on your Kindle for navigation, you are solely responsible for driving safely, observing all traffic rules, and using your own judgment while driving and selecting routes. Amazon does not guarantee the accuracy or completeness of any location services.
Backup and Restore. Some Kindle devices have a feature that, when enabled, backs up to the cloud certain data on your Kindle, including settings, email and wireless configurations, bookmarks, search history and more, so that you can restore that data later to a Kindle. Learn more about backup and restore.
Firefly. Some Kindle devices include Firefly, a feature that allows you to identify products, music, movies, TV shows, and other content. It also allows you to take action on the items you identify, including through third party apps with access to Firefly. Firefly processes the images and audio that it collects in the cloud to provide and improve our services. Learn more about this feature including how to delete images and audio associated with your account and how to disable access to Firefly by third party apps.3. General
Information Received. The Software will provide Amazon with information about use of your Kindle or Reading Application and its interaction with Digital Content and the Service (such as last page read, content archiving, available memory, up-time, log files, voice information, and signal strength). Information provided to Amazon may be stored on servers outside the country in which you live. We will handle any information we receive in accordance with the Amazon.com Privacy Notice
Information Provided To Others. You are responsible for any information you provide to others using a Kindle or a Reading Application. Use of information you provide to these third parties will be subject to any privacy notice or other terms that they may provide to you.
Changes to Service; Amendments. We may change, suspend, or discontinue the Service, in whole or in part, at any time without notice. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the Amazon.com website. Your continued use of a Kindle, the Software or the Service after the effective date of the revised Agreement terms constitutes your acceptance of the terms..
Termination. Your rights under this Agreement will automatically terminate without notice if you fail to comply with any term of this Agreement. In case of such termination, Amazon may immediately revoke your access to the Service without refund of any fees. Amazon's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
Disputes/Binding Arbitration. Any dispute or claim arising from or relating to this Agreement or a Kindle, any Reading Application, the Software, the Digital Content or the Service is subject to the binding arbitration, governing law, disclaimer of warranties, limitation of liability and all other terms in the Amazon.com Conditions of Use. You agree to those terms by entering into this Agreement or using a Kindle, any Reading Application, or the Service.
Disclaimer of Warranties and Limitation of Liability. Without limiting the Disclaimer of Warranties and Limitation of Liability terms in the Amazon.com Conditions of Use, (1) unless otherwise provided by Amazon, your Kindle is subject to a limited warranty; and (2) unless otherwise required by applicable law, in no event will Amazon's or Amazon's licensors' aggregate liability under this Agreement with respect to any claim exceed the greater of fifty dollars ($50.00) and the amount you actually paid for your Kindle.
Contact Information. For help with your Kindle, a Reading Application, the Service, Digital Content, or resolving other issues, please contact Customer Service by e-mail: email@example.com or by phone at 1-866-321-8851 (toll free) when dialing in the US or at 1-206-266-0927 (charges will apply) when dialing outside the US. For communications concerning this Agreement, please write to Amazon, Attn: Legal Department, P.O. Box 81226, Seattle, WA 98108-1226.
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