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Playlist Art Terms of Use

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Playlist Art Terms of Use

Updated November 26, 2014

This is an agreement between Amazon Services LLC (with its affiliates, “Amazon”, “we” or “us”) and you and, if applicable, the artist, company or other third party you represent (collectively, “you”) regarding the Playlist Art program (the “Program”). Before participating in the Program, please read these Terms of Use, all rules and policies related to the Program, the Amazon.com Privacy Notice and the Amazon.com Conditions of Use (collectively, the “Agreement”). If you participate in the Program, you are agreeing to be bound by the terms of the Agreement.
1. General Description of the Program. The Program allows you to submit your own designs for artwork (collectively, “Submitted Materials”) for use by Amazon with one or more playlists in our music services.

2. Eligibility. You must be at least 18 years old to participate in the Program.

3. Permitted Materials. You must own or otherwise have the right to submit any Submitted Materials. You may not submit anything that is illegal, obscene, threatening, defamatory, or otherwise contains any objectionable or inappropriate content, nor may you submit anything that injures or violates the rights of any third party, including privacy, publicity, copyright, trademark, patent or other intellectual property rights.

4. License Grant. You grant to us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, fully paid up, and fully sublicensable right to use, reproduce, modify, adapt, publish, create derivative works of, distribute, transmit, and display the Submitted Materials in whole or in part, for any and all purposes .

5. Identity. You may not use a false e-mail address, impersonate any person or entity, or otherwise provide any false or misleading information. You are fully responsible for all communications and activities that occur in relation to the Program which come from your computer or computer facilities, including your e-mail account, and are fully responsible for the actions of any agent, manager or other representative you authorize to act on your behalf with respect to the Program, as if such actions were made by you.

6. Representations, Warranties and Indemnities. You represent and warrant that: (a) you have all the rights necessary to grant us the rights granted in the Agreement; (b) the Submitted Materials are not defamatory and our use of them as authorized by the Agreement will not violate or infringe the privacy rights, publicity rights, intellectual property rights or other rights of any person or entity; and (c) all factual statements that you submit are accurate and not misleading. You agree to indemnify, defend and hold harmless Amazon and its directors, officers, employees, agents and assigns from all claims, liabilities, damages and expenses, including reasonable legal fees and expenses, arising out of or in connection with the Submitted Materials or from your breach of the Agreement or your representations or warranties.

7. 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.

8. Miscellaneous.
(a) We may modify the Program or discontinue or suspend offering the Program, in whole or in part, at any time. Similarly, you may discontinue your participation in the Program at any time. We also have no obligation to use or distribute your Submitted Materials. We may, in our discretion, remove your Submitted Materials at any time.
(b) We may communicate with you in connection with your participation in the Program 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 web site or by any other means.
(c) Our failure to insist upon or enforce your strict compliance with the terms of the Agreement will not constitute a waiver of any of our rights. The Agreement constitutes the entire agreement between you and Amazon related to the Program. If any provision of the Agreement is found to be invalid, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any other provision. If there are any conflicts between these Terms of Use and the Amazon.com Conditions of Use or the Amazon.com Privacy Notice, these Terms of Use will control.
(d) Neither the Agreement nor your participation in the Program will create or imply any relationship of agency, franchise, partnership or joint venture between you and Amazon.
(e) We may modify the terms of the Agreement at any time in our sole discretion without notice to you by posting the revised terms here or elsewhere on Amazon.com, and you are responsible for remaining apprised of the current version of the Agreement. Your continued participation in the Program after we post revisions to the Agreement will constitute your acceptance of the revised Agreement.