Last updated June 11, 2014
1. THE SERVICES.
1.1 The Store. The Digital Music Store (the “Store”) allows you to purchase Music Content (“Purchased Music”). All sales are final and risk of loss transfers upon sale. We do not accept returns of Purchased Music. When you purchase Music Content from the Store, you are directing us to store that Purchased Music in the Music Library Service.
1.2 Prime Music. Prime Music allows you to access certain Music Content from our catalog (“Prime Music Content”) on a limited basis if you (a) are eligible for the Prime Music benefit under the Amazon Prime Terms & Conditions, and (b) opt-in to Prime Music by playing or downloading Prime Music Content.
1.3 The Music Library Service. Amazon’s music library service (the “Music Library Service”) allows you to store, download, manage and play back Stored Music and Prime Music Content. “Stored Music” is your Music Content that you store in or access using the Music Library Service, including your Matched Music. “Stored Music” does not include Prime Music Content. There may be limits on the types of content you can store using the Music Library Service, such as file types we don’t support. By using the Music Library Service, you are directing us to store, download, manage and play back Stored Music on your behalf. We may also provide you access to additional Music Content through the Music Library Service, such as lyrics.
1.4 Matched Music. If we find that music you have purchased from us, or Music Content you have stored in or are importing to the Music Library Service, matches available Music Content from our catalog (“Matched Music”), you are directing us to store a personal copy of that Matched Music for you in place of your existing files or instead of uploading the files.
1.5 AutoRip-Eligible Orders. Under the AutoRip program, when you purchase a qualifying CD or vinyl album from Amazon.com, we provide you a digital version of that album through the Music Library Service. For more information on the AutoRip program, please see the AutoRip Terms & Conditions.
1.6 Use of the Services. To use the Services, you must have an Amazon.com account, and you may be required to be logged in to the account and have a valid payment method associated with it. You may not share your Amazon.com username and password with others or use anyone else’s Amazon.com username and password. The Services are available to residents of the United States.
2. MUSIC STORAGE PLANS.
2.1 Storage Plan Selection. The Music Library Service offers free and paid plans for the storage of Music Content, which have different storage capacity limits (each a “Storage Plan”). You will have the free Storage Plan if you haven’t chosen a paid Storage Plan. You may only use your Storage Plan in connection with one Amazon.com account.
2.2 Storage Plan Fees; Upgrades and Downgrades. If you have a paid Storage Plan, the price stated does not include any taxes that we may charge. Payment is non-refundable. If you upgrade your Storage Plan, the upgrade will take effect immediately, we will charge you the applicable fee, and your Storage Plan term may be extended, as described at the time you upgrade. If you downgrade your Storage Plan, unless otherwise specified, the downgrade will take effect at the end of the term of your existing Storage Plan. If you exceed your Storage Plan’s storage limit, including by downgrading or not renewing your Storage Plan, you may no longer be able to access Stored Music.
2.3 Promotional and Trial Offers. We may offer trial or promotional Storage Plans (“Trial Plans”). Trial Plans are subject to the Agreement except as otherwise stated in the trial or promotional offers. Some Trial Plans may automatically upgrade to a paid Storage Plan at its regular price at the end of the trial or promotional period unless you choose not to upgrade. Specific terms of Trial Plans will be provided with the plans.
2.4 Payment; Renewal. Only credit cards are eligible for payment of a Storage Plan. Please do not sign up for a Storage 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. If all credit cards we have on file for you are declined for payment of your Storage Plan, you have 30 days to provide us a new credit card or your Storage Plan will be canceled. If you provide us with a new card and are successfully charged within 30 days, your new Storage Plan term will be based on the original renewal date and not the date of the successful charge.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR STORAGE PLAN WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE FEE AND ANY TAXES FOR THE STORAGE PLAN, USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU. STORAGE PLAN FEES AND FEATURES MAY CHANGE OVER TIME. YOUR RENEWAL PLAN WILL BE THE ONE WE CHOOSE AS BEING CLOSEST TO YOUR STORAGE PLAN.
3. RIGHTS AND RESTRICTIONS.
3.1 Rights Granted. You may use the Services only for your personal, non-commercial purposes, subject to the Agreement. You may not use the Services to store, transfer or distribute content of or on behalf of third parties, to operate your own content application or service, to resell any part of the Services or for any form of unlawful file sharing. We grant you a non-exclusive, non-transferable right to use Purchased Music, Prime Music Content, Matched Music and any additional Music Content we provide you access to through the Music Library Service only for your personal, non-commercial purposes, subject to the Agreement. Except as set forth in the preceding sentence, you may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use Purchased Music. We do not grant you any synchronization, public performance, public display, promotional use, commercial sale, resale, reproduction or distribution rights for Music Content you purchase or access through the Services. You must comply with all applicable copyright and other laws and with the terms of any licenses or agreements to which you are bound in your use of the Services and Music Content you purchase or access through them.
3.2 Usage Restrictions. You may need to register the devices you use with Prime Music and the Music Library Service, and we may limit the number of devices you can register, the frequency with which you can change them, and the number of devices from which you can use Prime Music and the Music Library Service at any one time. We may impose other restrictions on use of the Services.
3.3 No Reverse Engineering or Circumvention. You may not, and you will not encourage, assist or authorize any other person to, modify, reverse engineer, circumvent, decompile, disassemble, dupe or otherwise tamper with (a) any methodology we use to identify Music Content on your device and match it to Music Content from our catalog, (b) any methodology we use to protect Music Content, or (c) the Unique Identifiers (defined below).
3.4 Stored Music. You are solely responsible for Music Content you import to the Music Library Service, including ensuring that it has been lawfully acquired and that it is free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code. Subject to the Amazon.com Privacy Notice, we may use, access and retain Stored Music in order to provide the Music Library Service to you and enforce the terms of the Agreement, and you expressly give us all permissions we need to do so. These permissions include, for example, the rights to copy Stored Music for backup purposes and access Stored Music to provide technical support.
3.5 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 Section 3.1.
4.1 Use of the Software. We may make available to you software for your use in connection with the Services (“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.
4.2 Information Provided to Amazon. The Music Library Service and the Software may scan Music Content on your device and collect other information that may be used to identify Music Content on your device, such as the names of songs, artists and associated metadata. The Music Library Service and the Software will use this information to play back and match Music Content on your device to Music Content from our catalog. The Services and the Software may provide Amazon with information relating to your use and the performance of the Services and the Software, as well as information regarding the devices on which you download and use the Services and the Software. For example, this information may include the device type, mobile network connectivity, IP address of the device, information about your internet service provider, information about when the Software is launched, individual session lengths for use of the Services, information about the Music Content used through the Services, or occurrences of technical errors. Any information we receive is subject to the Amazon.com Privacy Notice.
4.3 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 received from us (“Unique Identifiers”). This includes Purchased Music and Matched Music. These Unique Identifiers may include a random number we assign to your order or copy, purchase date and time, an indicator that the Music Content 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 Content was purchased from the Store or imported to the Music Library Service. Music Content sold in the Store that includes these Unique Identifiers is marked on its product detail page. These Unique Identifiers do not affect the playback experience in any way.
5. CHANGES; SUSPENSION AND TERMINATION.
5.1 Changes. We may change, suspend or discontinue the Services, or any part of them, at any time without notice. If we discontinue the Music Library Service, we will give you a prorated refund of any fees paid for your Storage Plan based on the number of full months remaining in your Storage Plan. From time to time, we may add Music Content to or remove it from Prime Music. There may be unusual circumstances where due to legal reasons we may no longer be able to store or provide you access to particular Music Content.
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 Services 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, involves fraud or misuse of the Services, or harms our interests or those of another user of the Services. If your Storage Plan is restricted, suspended or terminated, you may be unable to access Stored Music and Prime Music Content and you will not receive any refund of fees or any other compensation.
6.1 Reservation of Rights; Waiver. The Services, Software and Music Content embody intellectual property that is protected by law. Copyright owners of Purchased Music 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.
6.2 Amendments. We may amend the Agreement at our sole discretion by posting the revised terms on or through the Services or on Amazon.com, but any increase in fees will not affect the cost of your Storage Plan during its term. Your continued use of the Services 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 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.
7.1 Disputes/Binding Arbitration. Any dispute or claim arising from or relating to the Agreement or the Services 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. You agree to those terms by entering into the Agreement or using the Services.
7.2 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); (b) in no event will our or our Music Content providers’ total liability to you for all damages arising from your use of the Services, Purchased Music, Prime Music Content, Matched Music, or information, materials or products included on or otherwise made available to you through the Services (excluding the Software), exceed the amount you paid for the Purchased Music or for the Services related to your claim for damages; (c) we have no liability for any loss, damage or misappropriation of Stored Music or for any other consequences related to changes, restrictions, suspensions or termination of the Services or the Agreement; and (d) we have no liability for Music Content you find to be offensive, indecent or objectionable. 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.
This application or device contains software from Gracenote, Inc. of Emeryville, California (“Gracenote”). The software from Gracenote (the “Gracenote Software”) enables this application to perform disc and/or file identification and obtain music-related information (“Gracenote Data”) from online servers or embedded databases (collectively, “Gracenote Servers”) and to perform other functions. You may use Gracenote Data only by means of the intended end-user functions of this application or device.
This application may contain content belonging to Gracenote’s providers. If so, all of the restrictions set forth herein with respect to Gracenote Data shall also apply to such content and such content providers shall be entitled to all of the benefits and protections set forth herein that are available to Gracenote. You agree that you will use Gracenote Data, the Gracenote Software, and Gracenote Servers for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the Gracenote Software or any Gracenote Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE SOFTWARE, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive license to use the Gracenote Data, the Gracenote Software, and Gracenote Servers will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Gracenote Data, the Gracenote Software, and Gracenote Servers. Gracenote reserves all rights in Gracenote Data, the Gracenote Software, and the Gracenote Servers, including all ownership rights. Under no circumstances will Gracenote become liable for any payment to you for any information that you provide. You agree that Gracenote, Inc. may enforce its rights under the Agreement against you directly in its own name.
The Gracenote Software and each item of Gracenote Data are licensed to you “AS IS.” Gracenote makes no representations or warranties, express or implied, regarding the accuracy of any Gracenote Data from in the Gracenote Servers. Gracenote reserves the right to delete data from the Gracenote Servers or to change data categories for any cause that Gracenote deems sufficient. No warranty is made that the Gracenote Software or Gracenote Servers are error-free or that functioning of Gracenote Software or Gracenote Servers will be uninterrupted. Gracenote is not obligated to provide you with new enhanced or additional data types or categories that Gracenote may provide in the future and is free to discontinue its services at any time. GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE SOFTWARE OR ANY GRACENOTE SERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.
©2011. Gracenote, Inc. All Rights Reserved.
Portions of the Music Content available through the Music Library Service are copyright © of Gracenote or its providers.