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Terms and Conditions

Amazon Video Direct Program Site Terms of Use

Last updated May 10, 2016

Welcome to the Amazon Video Direct Program Site (the “Program Site”). Amazon Digital Services LLC, and/or its affiliates (“Amazon” or “us”) provide the Program Site to you (if using or registering as an individual) or the entity you represent (if using or registering as a business) (“you”) subject to the following terms of use (“Terms of Use”) for your use in connection with our Amazon Video Direct Program (“Program”). By visiting the Program Site or registering as a user of the Program Site, you accept the Terms of Use and represent that you have the authority to bind yourself or the company you represent to the Terms of Use. Please read these Terms of Use carefully. The Terms of Use, together with the Digital Video License Agreement (“License Agreement”) between you and Amazon and each of the policies referenced therein, constitute the entire agreement between you and Amazon related to your use of the Program Site. To the extent that there is a conflict between these Terms of Use and the License Agreement, the terms of the License Agreement will govern.

No Unauthorized, Unlawful or Harmful Use of the Program Site

The Program Site is only for your use and you are only authorized to use it in connection with the Program. Amazon grants you a limited, revocable license to access and use the Program Site in the course of participating in the Program. You may not use the Program Site for any other commercial or non-commercial purposes or in any way that:

  1. Is unlawful or harms Amazon, its customers, suppliers or other parties, as determined in Amazon’s sole discretion.
  2. Breaches any agreement, policy or other notice applicable to the Program Site.
  3. Could damage, disable, overburden, or impair the Program Site (or any network(s) connected to the Program Site) or interfere with any other party’s use of the Program Site.

Your Account; Changes to Account Settings; User Permissions

By using the Program Site you confirm that you are at least 18 years old (or the age of majority where you reside, whichever is older).  You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. We may provide the ability for you to grant additional users access to your account under separate user names and passwords. You agree that you are responsible for all activities that occur under your account or password, including all activities that occur under any user name you grant access to your account. You will ensure that all users granted access to your account comply with these Terms of Use, any License Agreement or other agreement related to the Program. If you make changes to your settings or user permissions within the Program Site, it may take some time for our system to process the change and you acknowledge that those changes may not take effect immediately.

Changes to these Terms of Use and the Program Site

We may in our discretion make any change to these Terms of Use without notice to you. You are responsible for reviewing the revised Terms of Use and/or any applicable postings. CONTINUED USE OF THE PROGRAM SITE OR PARTICIPATION IN THE PROGRAM AFTER SUCH CHANGES OR POSTINGS WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES OR POSTINGS. We may change the Program Site or delete any features or functionality, or any aspect of the services, in any way at any time for any reason.

Materials You Post or Provide; Communications Monitoring

The License Agreement sets forth our rights related to any product information you post or submit through the Program Site. For other information and materials you post or otherwise provide to Amazon related to the Program Site (a “Submission”), you grant Amazon and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable license to (1) use, copy, distribute, transmit, make available, publicly display, publicly perform, reproduce, edit, adapt, modify, translate, reformat and create derivative works of your Submission, each in connection with the Program Site and the Program, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Amazon may remove your Submission at any time. For each Submission you provide, you represent that you have all rights necessary for you to grant us the rights provided in this section.

You acknowledge that we will communicate with you primarily via email or by posting notices on the Program Site. You agree that all agreements, notices, disclosures and any other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. To the maximum extent permitted by applicable law, Amazon may monitor any electronic communications you make in connection with the Program Site and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of Amazon or any third party.

No Warranties

AMAZON PROVIDES THE PROGRAM SITE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU EXPRESSLY AGREE THAT USE OF THE PROGRAM SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AMAZON MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PROGRAM SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE PROGRAM SITE AND DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE PROGRAM SITE WILL BE UNINTERRUPTED OR ERROR-FREE. AMAZON DOES NOT WARRANT THAT THE PROGRAM SITE, ITS SERVERS OR E-MAILS SENT ARE ERROR-FREE, WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME, OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT WILL AMAZON BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE PROGRAM SITE, EVEN IF AMAZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SECTIONS, YOU ACKNOWLEDGE AND AGREE THAT AMAZON IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT; (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA; (3) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE PROGRAM SITE; (4) ANY INCOMPATIBILITY BETWEEN THE PROGRAM SITE, SERVICES, SOFTWARE AND HARDWARE; OR (5) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE PROGRAM SITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You release us and will indemnify, defend and hold harmless Amazon and its affiliates, and their respective officers, directors, employees, and agents against any claim, loss, damage, settlement, cost, expense or other liability (including, without limitation, attorneys’ fees) arising from or related to (a) your breach of any representation or warranty or other obligation contained in this Agreement; or (b) any Submission (together, “Claims”). You will use counsel reasonably satisfactory to us to defend each Claim. If at any time we reasonably determine that any Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement without our prior written consent, which may not be unreasonably withheld.

Termination; Access Restriction

If your License Agreement terminates or expires, these Terms of Use will automatically terminate. Further, Amazon may terminate these Terms of Use, or terminate or suspend your access to the Program Site at any time with or without cause. Upon any termination or suspension of these Terms of Use, your right to use the Program Site will cease immediately, and you will not be able to retrieve any information related to your account. All provisions that reasonably may be construed as surviving these Terms of Use will survive the expiration or termination of these Terms of Use.

Disputes

Any dispute or claim relating in any way to your use of the Program Site, or to any products or services sold or distributed by Amazon or through Amazon.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Amazon will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable Law

By using any the Program Site, you agree that the Federal Arbitration Act, 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.

Interpreting the Terms; Assignment

If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. Amazon may assign these Terms of Use, in whole or in part, at any time without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Program Site. The section titles are solely used for the convenience of the parties and have no legal or contractual significance.


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