This agreement ("Agreement") governs your use of the Amazon Creator service (the "Service"). This Agreement is between Amazon Digital Services LLC, Amazon Media EU S.a.r.l., Amazon Services International, Inc., Amazon Servicos de Varejo do Brasil Ltda., Amazon.com Int'l Sales, Inc., and Amazon Australia Services, Inc. (each, individually, an "Amazon Party" and, together with their affiliates, "Amazon," "we," or "us") and you (if using the Service as an individual) or the entity you represent (if using the Service as a business) ("Developer" or "you"). Any other Amazon affiliate that we designate is also an Amazon Party.
BY CREATING A FIRE TV APP WITHIN THE SERVICE OR USING THE SERVICE, YOU (ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT, IF USING THE SERVICE AS A BUSINESS) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. Structure of Agreement. This Agreement includes the terms set forth herein, the Amazon.com Conditions of Use, and the Amazon.com Privacy Notice. Please carefully read this Agreement and if you do not accept these terms then you may not use the Service.
2. Service; Generated App(s). The Service creates apps ("Generated App(s)") that present your Internet channel or feed content for viewing through Fire TV. You may modify Generated App(s) and submit them (with or without modifications) to the Amazon Appstore. You may not use or distribute Generated App(s) other than in connection with Fire TV and you may not submit Generated App(s) to any app store (or otherwise distribute Generated App(s) for use by consumers) other than to or through the Amazon Appstore. You may not combine Generated App(s) with any software or other materials that are subject to licenses or restrictions (e.g., open source software licenses) that, when combined with the Generated App(s), would require the licensing, disclosure, or distribution of any part of the Generated App(s) to anyone. You may not remove, modify, or obscure any copyright, patent, trademark, license, or other notices or terms on or in any Generated App(s). We may update Generated App(s) remotely from time to time without notice to you.
3. Submitting Generated App(s) to the Amazon Appstore. If you submit Generated App(s) to the Amazon Appstore, the submission will be governed by a separate agreement, the App Distribution and Services Agreement, between you and us. We do not guarantee that Generated App(s) will be accepted by or published on the Amazon Appstore.
4. Materials Submitted to the Service; Promotion. In connection with creating Generated App(s) through the Service, you may submit or make available to the Service audiovisual content, channels, feeds, images, logos, API or developer keys or identifiers, or other materials (collectively, "Submitted Materials") for incorporation into or access through Generated App(s). By doing so, you give us permission and all rights necessary to use and store Submitted Materials on and with the Service and to modify and incorporate such Submitted Materials or access thereto into Generated App(s). Submitted Materials in the form of API or developer keys or identifiers may be included in Generated App(s) in plain text and may be accessible to third parties who download Generated App(s) through the Amazon Appstore or who otherwise obtain or access Generated App(s). You also give us the right to use your name and logos to identify you as a user of the Service in any and all digital and other formats for any reason, including to promote the Service. If you provide suggestions, ideas, or other feedback to us about the Service, we will be free to exercise all rights in such feedback without restriction and without compensating you.
5. Use of the Service. Amazon may collect information about your use of the Service. We will handle any information we collect in accordance with the Amazon.com Privacy Notice.
6. 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 attorneys' fees) arising from or related to (a) Generated App(s), Submitted Materials, or your use of the Service; or (b) your breach of or non-compliance with this Agreement (each, a "Claim"). You will not consent to the entry of a judgment or settle a Claim without our prior written consent. You will use counsel reasonably satisfactory to us to defend each Claim. If we reasonably determine that a Claim might adversely affect us, we may take control of the defense at our expense (and without limiting your indemnification obligations). Your obligations under this section are independent of your other obligations under this Agreement.
7. Compliance with Laws. You will comply with all applicable laws, rules, regulations, orders, and other requirements of governmental agencies in your use of the Service, including your use or submission of Generated App(s) and Submitted Materials. You will not engage in any activity using or related to the Service that (a) infringes, violates, or misappropriates the rights of us or any third party; or (b) interferes with, damages, accesses, or uses in any unauthorized manner the hardware, software, networks, technologies, or other properties or services of ours or of any end user or other third party.
8. Representations and Warranties. You represent, warrant, and covenant that:
a. You are at least the legal age of majority and you are able to form a legally binding contract. If Developer is a business or other legal entity and not an individual, then the individual entering into this Agreement on Developer's behalf represents that he or she has all necessary legal authority to bind Developer to this Agreement;
b. You have the full right, power, and authority to enter into and fully perform this Agreement;
c. Before providing us or any end user any Submitted Materials or access thereto, you will have obtained the rights necessary for such provision, and you will be solely responsible for and will pay any licensors or co-owners any royalties or other monies due to them related to such Submitted Materials; and
d. You will not make any false, inaccurate, or misleading claims or statements regarding any Submitted Materials or Generated App(s), including by misrepresenting yourself as being the owner or proprietor of any Submitted Materials.
9. Termination. You may terminate this Agreement at any time by stopping use of the Service and all Generated App(s) (except for Generated App(s) that are available on the Amazon Appstore ("Published Apps"), which will remain available pursuant to the terms of the App Distribution and Services Agreement). We may terminate this Agreement or your right to use the Service or any or all of the Generated App(s) at any time. In the case of termination, you must immediately stop using the Service and all Generated App(s) (except for Published Apps). The following provisions of this Agreement will survive termination: Sections 1, 2 (with respect to our right to update Generated App(s)), 4, 6-9, 11, and 12.
10. Agreement Changes. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the Service website. Your continued use of the Service or Generated App(s) after the effective date of the revised Agreement terms constitutes your acceptance of the terms. If you do not agree to a change, you must immediately stop using the Service and all Generated App(s) (except for Published Apps).
11. Disputes/Binding Arbitration. Any dispute or claim arising from or relating to this Agreement 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.
12. General. This Agreement may not be amended except in writing signed by both parties or as provided in Section 10 above. If any provision of this Agreement is held invalid by a court with jurisdiction over the parties to this Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect. The word "including" will be interpreted without limitation when used in this Agreement. The parties to this Agreement are independent contractors. Each party will bear its own costs and expenses in performing this Agreement. We may use one or more subcontractors to exercise our rights and perform our obligations hereunder. Our failure to enforce any provision of this Agreement will not constitute a waiver of our rights to subsequently enforce the provision. Each Amazon Party is severally liable for its own obligations under this Agreement and is not jointly liable for the obligations of other Amazon Parties. You may not assign any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without our prior written consent, except that you may assign all of your rights and obligations under this Agreement to any corporation or other entity without consent in connection with a merger or the sale of all or substantially all of your assets as long as you give us written notice of any such assignment no later than ten business days before such assignment. Subject to the foregoing limitation, this Agreement will be binding upon, inure to the benefit of, and be enforceable by, the parties and their respective successors and assigns. This Agreement constitutes the entire agreement between the parties with respect to its subject matter, supersedes any and all prior or contemporaneous agreements between the parties with respect to its subject matter (except as expressly stated in a prior or contemporaneous agreement signed by both parties), and does not give any third party (except where specified) any rights or remedies hereunder. Any notice or other communication to be given hereunder will be in writing and given (i) by us via e-mail or via a posting in the Service; or (ii) by you via e-mail to firstname.lastname@example.org with a cc via e-mail to email@example.com, or to such other e-mail or physical addresses as we may specify from time to time. The date of receipt will, in the case of e-mail, be deemed the date on which such notice is transmitted.