Kindle License Agreement And Terms Of Use from Amazon.com. The live version of this document is available at http://www.amazon.com/gp/help/customer/display..... This document is a part of Docracy's Terms of Service Tracker project, which tracks changes to terms of service and privacy policy documents of many of the world's top websites.
Amazon Kindle Terms of Use Last updated: September 6, 2012
This is an agreement between you and Amazon Digital Services, Inc. (with its affiliates, "Amazon" or "we"). Please read these Amazon Kindle Terms of Use, the Amazon.com Privacy Notice, the Amazon.com Conditions of Use, and the other applicable rules, policies, and terms posted on the Amazon.com website, on or through your Kindle, or provided with any Service (collectively, this "Agreement") before using the Kindle, any Reading Application or the Service. By using the Kindle, any Reading Application or the Service, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use the Kindle, any Reading Application, or the Service, and you may return the Kindle for a refund in accordance with the applicable return policy.
Versions of the Kindle Terms of Use in other languagesFor the purpose of this Agreement:
"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 our portable electronic reading devices.
"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 we make available to you.
"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 and download 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 fees, restrictions and limitations 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. Additional terms contained in the Amazon.com Conditions of Use apply to the Software. For additional terms that apply to certain third party software, see the Legal, Legal & Compliance, or similar section in the Settings menu of your Kindle or the Legal Notices section of your Reading Application.
Location Based Services. Some Kindle devices have a feature that, when enabled, allows Amazon and applications on your device to access location information that can be used to provide location based services. Learn more about collection and use of location data. If you are using location based services on your Kindle for navigation, you are solely responsible for ensuring you drive safely, observe all traffic rules, and use your own judgment while driving and selecting routes. Amazon does not guarantee the accuracy, completeness, or security of any location based services.
3. General
Information Received. The Software will provide Amazon with data about your Kindle and its interaction with the Service (such as available memory, up-time, log files, and signal strength). The Software will also provide Amazon with information related to the Digital Content on your Kindle and Supported Devices and your use of it (such as last page read and content archiving). Information provided to Amazon, including annotations, bookmarks, notes, highlights, or similar markings you make using your Kindle or Reading Application, may be stored on servers that are located outside the country in which you live. Any information we receive is subject to 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. Any information you provide to a third party will be subject to the privacy notice or any similar terms that the third party provides to you, and will not be subject to the Amazon.com Privacy Notice.
Changes to Service. We may modify, suspend, or discontinue the Service, in whole or in part, at any time.
Termination. Your rights under this Agreement will automatically terminate 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.
Governing Language. If this Agreement is translated into a language other than English, the English version will govern and prevail to the extent that there is any conflict or discrepancy.
Disputes/Binding Arbitration. Any dispute or claim arising from or relating to this Agreement or a Kindle, any Reading Application, 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. 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 in the Amazon.com Conditions of Use, (1) unless otherwise provided by Amazon, your Kindle is subject to a one-year limited warranty; and (2) in no event will Amazon's aggregate liability under this Agreement with respect to any claim exceed 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: kindle-cs-support@amazon.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 contact Amazon by email: kindleterms@amazon.com.
