Amp Terms of Use

1. INTRODUCTION; YOUR AGREEMENT TO THESE TERMS OF USE.

Welcome to Amp operated by Amazon Media Venture LLC (collectively with its affiliates, “Amazon,” “we,” or “us”) consisting of the website https://www.onamp.com and its network of websites, software applications, or any other products or services offered by Amazon (the “Amp Services”).

Amp allows you to stream live audio works; to use services, such as chat, bulletin boards, forum postings, call-in and other interactive services; and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, or other data or materials on the Amp Services (“User Content”). Amp provides users of the service (“Users”) access to live and archived User Content made available by other Users. In the event you use any Amazon Content (as defined below) in the creation of your User Content, such Amazon Content will not be considered to be User Content.

PLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A BINDING CONTRACT.

Before using the Amp Services, please read these Terms of Use, the Community Guidelines, the Music Guidelines, and all other related rules and policies (including any specific rules, usage restrictions, and other conditions or procedures that we post or update on or through the Amp Services or on any help or other informational page for the Amp Services, the Privacy Notice, the Conditions of Use, and the Interest-Based Ads notices (collectively, the “Agreement”).

These Terms of Use apply whether you are a User that has a registered account with Amazon or are an unregistered User. You agree that by clicking “Accept” or otherwise registering, downloading, accessing, or using the Amp Services, you are entering into a legally binding agreement between you and Amazon regarding your use of the Amp Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access or otherwise use any of the Amp Services.

2. ELIGIBILITY

The Amp Services are not available to persons under the age of 13. If you are below the age of 18 or the age of legal majority in your jurisdiction of residence, you may only use the Amp Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

The Amp Services are also not available to any Users previously removed from any Amazon services by Amazon, including the Amp Services or to any persons barred from receiving them under the laws of the United States (such as its export and re- export restrictions and regulations) or applicable laws in any other jurisdiction.

BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE AMP SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF USE IF YOU ARE BELOW THE AGE OF 18 OR THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE AMP SERVICES.

3. ACCOUNT

a. In order to use certain features of the Amp Services, you must have an Amazon account, and you may be required to be logged in to the account.
b. You may not impersonate any person or entity, or otherwise provide any false or misleading information, including any information provided in establishing an account or provided as to the ownership of any User Content. Please make sure the information you provide to Amazon upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
c. You are responsible for all communications and activities that occur in relation to the Amp Services which come from your computer or computer facilities, including your e-mail account and password. You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer. If you permit others to use your account credentials, you agree to these Terms of Use on behalf of all other persons who use the Amp Services under your account or password, and you are responsible for all activities that occur under your account or password.
d. Amazon reserves all available legal rights and remedies to prevent unauthorized use of the Amp Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding unauthorized use.

4. PRIVACY

Your privacy is important to us. Please read our Privacy Notice for information relating to how we collect, use, and disclose your personal information.

5. USE OF DEVICES AND SERVICES

Access to the Amp Services may require the use of your personal computer or mobile device(s), as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Amp Services.

6. LICENSE

The Amp Services are owned and operated by Amazon. Unless otherwise indicated, all content, information, and other materials on the Amp Services (excluding User Content), including, without limitation, the Amazon Content (as defined below), Amp’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of Amazon or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Amazon, by agreeing to and complying with these Terms of Use you are granted a limited, revocable and non- sublicensable license (i.e., a personal and limited right) to access and use the Amp Services for your personal, non-commercial use.

Amazon reserves all rights not expressly granted in these Terms of Use. This license is subject to these Terms of Use and does not permit you to engage in any of the following: (a) resale or commercial use of the Amp Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Amp Services or the Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Amp Services, the Materials, or any information contained in them, except as expressly permitted on the Amp Services; or (f) any use of the Amp Services or the Materials except for their intended purposes. Any use of the Amp Services or the Materials other than as specifically authorized in these Terms of Use, without the prior written permission from Amazon, is strictly prohibited and may violate intellectual property rights or other laws. Any use of the Materials or the Amp Services in any way other than as expressly permitted in these Terms of Use, will result in the immediate termination of the license granted in these Terms of Use. Unless explicitly stated in these Terms of Use, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. Amazon can terminate this license as set out in Section 13.

7. USER CONTENT

You will only use, publish, distribute, record and otherwise disseminate User Content on the Amp Services for which you are the creator or own or control all right in and to the User Content or otherwise have obtained all necessary rights, consents, and waivers (including, but not limited to, sound recordings, musical works, compositions, lyrics, and/or performances that may be included in your content) that may be required in connection with our exploitation of the rights you’ve granted Amazon under these Terms of Use.

You are responsible for and agree to pay any fees due with respect to your User Content, other than fees associated with the Amazon Content. “Amazon Content” means any music or other materials Amazon makes available to you for use in creating User Content within the service, including any tools Amazon may make available such as an Amazon audio library. You will give us information we request with respect to the ownership and control of any content in your User Content. You will designate explicit (e.g., mature) content as such by using the explicit content flag.
a. License to Amazon
i. You retain ownership of your User Content. Your use of the Amp Services to stream your User Content does not change your ownership of such content.
ii. Unless otherwise agreed to in a written agreement between you and Amazon that was signed by an authorized representative of Amazon, if you submit, transmit, display, perform, post, or store User Content using the Amp Services, you hereby grant Amazon and its sub- licensees, to the furthest extent and for the maximum duration permitted by applicable law, an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: (A) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including, without limitation, for promoting and redistributing part or all of the Amp Services (and derivative works thereof)) in any form, format, media, or media channels now known or later developed or discovered; and (B) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that: (1) you have obtained the appropriate consents and/or licenses for your use of such User Content; (2) Amazon and its sub-licensees are allowed to use such User Content to the extent indicated in these Terms of Use; and (3) Amazon and its sub licensees’ use of such User Content will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties.
iii. With respect to streaming live and recorded audio works, the rights granted by you under these Terms of Use terminate once you delete such User Content from the Amp Services, or generally by closing your account, except: (A) to the extent you shared it with others as part of the Amp Services and others copied or stored portions of the User Content; (B) to the extent the Amp Services used it for promotional purposes; and (C) for the reasonable time it takes to remove from backup and other systems.
b. User Content Representations and Warranties

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (i) you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted in these Terms of Use; (ii) your User Content does not and will not: (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (B) defame any other person; (C) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (D) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public music or other audio content or any confidential information of Amazon or third parties. Amazon reserves all rights and remedies against any Users who breach these representations and warranties.

c. Content is Uploaded at Your Own Risk
Amazon uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Amazon does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Amazon shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against Amazon for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY AMAZON IN THESE TERMS OF USE ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

d. Promotion
Users may promote, administer, or conduct a promotion (e.g., a contest or sweepstakes) on, through, or utilizing the Amp Services (a “Promotion”). If you choose to promote, administer, or conduct a Promotion, you must adhere to the following rules: (i) you may carry out Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Promotions comply with any and all applicable laws, obligations, and restrictions; (ii) you will be classified as the promoter of your Promotion in the applicable jurisdiction(s) and you will be solely responsible for all aspects of and expenses related to your Promotion, including, without limitation, the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including, without limitation, filing any and all necessary registrations and bonds. Amazon has the right to remove your Promotion from the Amp Services if Amazon reasonably believes that your Promotion does not comply with the Terms of Use or applicable law; (iii) Amazon is not responsible for and does not endorse or support any such Promotions. You may not indicate that Amazon is a sponsor or co-sponsor of the Promotion; and (iv) you will display or read out the following disclaimer when promoting, administering, or conducting a Promotion: “This is a promotion by [Your Name]. Amazon does not sponsor or endorse this promotion and is not responsible for it.”

e. Advertisements and Sponsorships
Your User Content may not include pre-recorded advertisements. Any other advertisement or sponsorship messages in User Content must comply with Amazon’s Creative Acceptance Policies, which Amazon may update from time to time and which are currently located at https://advertising.amazon.com/resources/ad-policy/creative-acceptance? ref_=a20m_us_spcs_cap (and any successor or related locations designated by Amazon). Advertisement or sponsorship messages may not (i) reference weapons, ammunition, alcohol, cigarettes (including e-cigarettes) or tobacco, gambling products or services or (ii) imply or suggest endorsement by Amazon or endorsement by or any affiliation with the Amazon Content. Amazon reserves the right to remove any User Content that contains any advertisements or sponsorships that do not comply with these Terms of Use.

f. Endorsements/Testimonials
You agree that your User Content will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s Disclosures Guide, the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (the “FTC Guidelines”), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Amp Services, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Amp Services, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not Amazon, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Amp Services.

g. Political Activity
Subject to these Terms of Use and the Community Guidelines, you may share political opinions; participate in political activity; and solicit viewers to make contributions directly to a political committee. You agree, however, that these activities are entirely your own. Moreover, by engaging in these activities, you represent and warrant that you are eligible to engage in them under applicable law, and that you will abide by all relevant laws and regulations while doing so. You agree not to solicit the use of or use any Amp tool for the purpose of making or delivering a contribution to a candidate, candidate’s committee, political action committee, ballot committee, or any other campaign committee, or otherwise for the purpose of influencing any election.

8. PROHIBITED CONDUCT

YOU AGREE NOT TO violate any law, contract, intellectual property, or other third- party right; not to commit a tort, and that you are solely responsible for your conduct while using the Amp Services.

You agree that you will comply with these Terms of Use, Amp’s Community Guidelines, and additional guidelines or rules that are posted to the Amp Services, made available to you, or disclosed to you in connection with specific services or features and that you will not:
a. create, upload, transmit, distribute, link to, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
b. impersonate any person or entity; falsely claim an affiliation with any person or entity; access the Amp accounts of others without permission; misrepresent the source, identity, or content of information transmitted via the Amp Services; or perform any other similar fraudulent activity;
c. send junk mail or spam to Users of the Amp Services, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;
d. collect or harvest email addresses or other contact information of other Users from the Amp Services;
e. collect, store, or use for any purpose any information pertaining to Users, including for targeted advertising;
f. attempt to derive data that is more detailed than the data you receive (e.g., to determine personal information about a User of the Amp Services);
g. defame, harass, abuse, threaten, or defraud Users of the Amp Services, or collect or attempt to collect, personal information about Users or third parties without their consent;
h. delete, remove, circumvent, disable, damage, or otherwise interfere with (i) security-related features of the Amp Services, User Content or Amazon Content, (ii) features that prevent or restrict use or copying of any content accessible through the Amp Services, (iii) features that enforce limitations on the use of the Amp Services, User Content or Amazon Content, or (iv) the copyright or other proprietary rights notices on the Amp Services, User Content or Amazon Content;
i. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Amp Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
j. make unauthorized copies, recordings, or screen captures of any User Content or Amazon Content transmitted through the Amp Services;
k. modify, adapt, translate, create, or use derivative works based upon the Amp Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
l. interfere with or damage the operation of the Amp Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
m. relay email from a third party’s mail servers without the permission of that third party;
n. access the Amp Services or any website, server, software application, or other computer resource owned, used, and/or licensed by the Amp Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures Amazon may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by Amazon, including but not limited to the Amp Services;
o. manipulate identifiers in order to disguise the origin of any User Content transmitted through the Amp Services;
p. interfere with or disrupt the Amp Services or servers or networks connected to the Amp Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Amp Services; use the Amp Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying the Amp Services, or that could damage, disable, overburden, or impair the functioning of the Amp Services in any manner;
q. use or attempt to use another User’s account without authorization from that User;
r. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Amp Services that you are not authorized to access;
s. attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and
t. use the Amp Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.
To the extent permitted by applicable law, Amazon takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Amazon liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Amp Services. Your use of the Amp Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Amp Services will not contain any content that is prohibited by such rules.

Amazon is not liable for any statements or representations included in User Content. Amazon does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Amazon expressly disclaims any and all liability in connection with User Content. Amazon reserves the right to remove, screen, or edit any User Content posted or stored on the Amp Services at any time and for any reason, without notice. Any use of Amp in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use Amp at Amazon’s sole discretion, without notice.

9. CONTENT MONITORING

Amazon does not control and does not have any obligation to monitor User Content. You acknowledge and agree that Amazon may monitor any and all User Content and the use of the Amp Services by Users. In the event Amazon elects to monitor User Content on the Amp Services, Amazon assumes no responsibility or liability for User Content or any loss or damage incurred as a result of the use or removal of any User Content. As part of Amazon’s monitoring, should we choose to exercise such right, Amazon may record, inspect, copy, or remove any content found on the Amp Services. Any monitoring or use of User Content will be in accordance with our Privacy Notice. Please see our Community Guidelines for more information regarding the types of content we do not allow on the Amp Services.

10. TRADEMARKS

Amp, the Amp logos, and any other product or service name, logo, or slogan used by Amazon, and the look and feel of the Amp Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Amazon, and may not be used in whole or in part in connection with any product or service that is not Amazon’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Amazon, without our prior written permission. Any use of these trademarks must be in accordance with the Amazon Trademark Guidelines. All other trademarks referenced in the Amp Services are the property of their respective owners. Reference on the Amp Services to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.

11. THIRD-PARTY CONTENT

In addition to the User Content, Amazon may provide other third-party content on the Amp Services (collectively, the “Third-Party Content”). Amazon does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third-Party Content, update, or monitor it. Therefore we are not responsible for any Third-Party Content on the Amp Services.

You are responsible for deciding if you want to access or use third-party websites or applications that link from the Amp Services (the “Reference Sites”). Amazon does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Amp Services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

12. SUGGESTIONS

If you provide suggested improvements to the Amp Services (“Suggestions”) to us, we will be entitled to use Suggestions without restriction. You hereby irrevocably assign, including by present assignment of future rights, to us all right, title, and interest in and to Suggestions and agree to provide us any assistance we require to document, perfect, and maintain our rights in Suggestions.

13. CHANGES, SUSPENSION AND TERMINATION

a. Changes
We may change, suspend, or discontinue the Amp Services, or any part of it, at any time. From time to time, we may add features to or remove them from the Amp Services. There may be unusual circumstances where we may no longer be able to provide you access to particular features.

b. Suspension and Termination by Us
Your rights under this Agreement will automatically terminate without notice if you fail to comply with its terms. We may without notice (i) terminate this Agreement; (ii) restrict, suspend, or terminate your use of the Amp Services; or (iii) remove your User Content from the Amp Services and our affiliates’ services at any time in our sole discretion. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (A) the Amp Services, (B) any term of these Terms of Use, (C) any policy or practice of Amazon in operating the Amp Services, or (D) any content or information transmitted through the Amp Services, is to terminate your account and to discontinue use of any and all parts of the Amp Services.

14. MODIFICATION OF TERMS OF USE

We may amend these Terms of Use at our sole discretion by posting the revised terms. Your continued use of the Amp Services after the effective date of the revised Terms of Use constitutes your acceptance of the terms.

15. REPRESENTATION AND WARRANTY

You represent and warrant that you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government, the European Union or its member states, the United Kingdom Government (e.g., HM Treasury’s Office of Financial Sanctions Implementation’s list) or other applicable government authority.

16. INDEMNITIES

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Amazon (including Amazon’s affiliates), and its contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Amazon Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Amp Services, any User Content you post, store, or otherwise transmit in or through the Amp Services, your violation of the rights of any third party, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you in these Terms of Use. You agree to promptly notify the Amazon Parties of any third-party claim, and Amazon reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Amazon, and you agree to cooperate with Amazon’s defense of these claims. Amazon will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

17. DISCLAIMERS; NO WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE AMP SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY AMAZON; (B) THE AMAZON PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT AS TO THE AMP SERVICES, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) AMAZON DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE AMP SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) AMAZON IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE AMAZON ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE AMP SERVICES SAFE, AMAZON CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE AMAZON SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMAZON OR THROUGH THE AMP SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

18. LIMITATION OF LIABILITY AND DAMAGES

a. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL AMAZON OR THE AMAZON PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE AMP SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM AMAZON, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO AMAZON’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AMAZON, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE AMP SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE AMP SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, AMAZON SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW

b. Reference Sites
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN AMAZON AND RECEIVED THROUGH OR ADVERTISED ON THE AMP SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.

c. Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT AMAZON HAS OFFERED THE AMP SERVICES, USER CONTENT, MATERIALS, AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND AMAZON, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND AMAZON. AMAZON WOULD NOT BE ABLE TO PROVIDE THE AMP SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

19. GENERAL

a. Governing Law
By using the Amp Services, you agree that applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Amazon. Any dispute or claim relating in any way to your use of any Amp Service will be adjudicated in the state or Federal courts in King County, Washington, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

b. Waiver
If we fail to exercise or enforce any right or provision of these Terms of Use, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by the relevant party.

c. Survival
Upon termination of these Terms of Use, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 6, 10, 12, and 15-19.

d. Notices
We may communicate with you in connection with your use of the Amp Services electronically and in other media, and you consent to such communications regardless of any customer communication or similar preferences or requests you may have indicated on the Amazon.com website or by any other means. Any notice or other communication from us will be given to you via e-mail you used to accept this Agreement, or to such other e-mail or physical addresses as you or we may specify from time to time. Any notice of termination or other legal notice or communication from you to us will be given via e-mail to contracts-legal@amazon.com. The date of receipt will, in the case of e-mail, be deemed the date on which such notice is transmitted.

e. Assignment
These Terms of Use, and any rights and licenses granted under these Terms of Use, may not be transferred or assigned by you, but may be assigned by Amazon without restriction. Any assignment attempted to be made in violation of these Terms of Use shall be void.

f. Copyright Notices
Amazon respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are the copyright owner or agent thereof and believe that content posted on the Amp Services infringes upon your copyright, please submit a notice following our DMCA Guidelines which include further information about our policies, what to include in your notice, and where to submit your notice.

g. Entire Agreement; Severability
This Agreement constitutes the entire agreement between you and Amazon and governs your use of the Amp Services, superseding any prior agreements between you and Amazon (unless you have previously entered into an offline agreement with Amazon with respect to the User Content and your use of the Amp Services). If any term or condition in these Terms of Use 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.
Amp is provided by Amazon Media Venture LLC, 410 Terry Ave. N., Seattle WA 98109.

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