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Kindle Store Terms of Use

Last updated: December 5, 2017

This is an agreement between you and Amazon Australia Services, Inc. (with its affiliates, "Amazon", "we" or "us"). Please read these Amazon Kindle Terms of Use, the Amazon.com.au Privacy Notice, the Amazon.com.au Conditions of Use, and the other applicable rules, policies, and terms posted on the Amazon.com.au website or the Kindle Store or provided with any Service (collectively, this "Agreement") before purchasing or using any aspect of the Service. By using the Kindle Store, purchasing or using any Kindle Content, using any Kindle Application, or using any aspect of 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 Store, any Kindle Content, any Kindle Application or the Service.

For the purposes of this Agreement:

"Content Provider" means the party offering Kindle Content in the Kindle Store, which may be us or a third party.

“Kindle Applications" means software we make available that permits users to shop for, download, browse, or use the Kindle Store or Kindle Content on a Supported Device.

"Kindle Content" means digitized content obtained through the Kindle Store, such as books, newspapers, magazines, and other content.

"Kindle Store" means our stores, on Kindle Applications and on our website, the homepage of which is located at www.amazon.com.au/kindlestore.

“Subscription Content” means Kindle Content made available for access only for so long as you remain an active member of a subscription or membership program, such as Kindle Unlimited or Amazon Prime.

"Service" means the provision of the Kindle Store, Kindle Content, Kindle Application, and support and other services that we provide Kindle Store, Kindle Content, and Kindle Application users.

"Supported Device" means a mobile, computer or other supported electronic device on which you are authorized to operate a Kindle Application.

1. Kindle Content

Use of Kindle Content. Upon your download or access of Kindle Content and payment of any applicable fees (including applicable taxes), the Content Provider grants you a non-exclusive right to view, use, and display such Kindle Content an unlimited number of times (for Subscription Content, only as long as you remain an active member of the underlying membership or subscription program), solely through a Kindle Application or as otherwise permitted as part of the Service, solely on the number of Supported Devices specified in the Kindle Store, and solely for your personal, non-commercial use. Kindle Content is licensed, not sold, to you by the Content Provider. The Content Provider may include additional terms for use within its Kindle Content. Those terms will also apply, but this Agreement will govern in the event of a conflict. Some Kindle Content, such as interactive or highly formatted content, may not be available to you on all Kindle Applications.

Limitations. Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense, or otherwise assign any rights to the Kindle Content or any portion of it to any third party, and you may not remove or modify any proprietary notices or labels on the Kindle Content. In addition, you may not attempt to bypass, modify, defeat, or otherwise circumvent any digital rights management system or other content protection or features used as part of the Service.

Book Returns and Subscription Cancellations Terminations. You may return a book you purchase from the Kindle Store or cancel newspaper and magazine subscriptions as permitted in our return and cancellation policy in the Kindle Store. A newspaper or magazine subscription may be terminated at any time, for example, if a magazine is no longer available. If a magazine or newspaper subscription is terminated before the end of its term, you will receive a prorated refund. We reserve the right to change magazine and newspaper subscription terms and fees from time to time, effective as of the beginning of the next subscription term.

Risk of Loss. Risk of loss for Kindle Content transfers when you download or access the Kindle Content.

2. Use of the Kindle Applications.

You may use the Kindle Applications only on Supported Devices. For additional terms that apply to the Kindle Applications, see the Additional Amazon Software Terms contained in the Amazon.com.au Conditions of Use and the terms contained in the Legal or similar section in the Settings menu of your Kindle Application.

3. General

Information Provided to Amazon. The Kindle Application will provide Amazon with information about use of your Kindle Application and its interaction with Kindle Content and the Service (such as last page read, content archiving, available memory, up-time, log files, and signal strength). Information provided to Amazon may be stored on servers outside the country in which you live. We will handle any information we receive in accordance with the Amazon.com.au Privacy Notice.

Information Provided To Others. You are responsible for any information you provide to others using the Service. Use of information you provide to these third parties will be subject to any privacy notice or other terms that they may provide to you.

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, you must cease all use of the Service, and 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.

Changes to Service; Amendments. We may change, suspend, or discontinue the Service, in whole or in part, including adding or removing Subscription Content from a Service, at any time without notice. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the Amazon.com.au website. Your continued use of the Kindle Application or any aspect of the Service after the effective date of the revised Agreement terms constitutes your acceptance of the terms.

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.au Conditions of Use. You agree to those terms by entering into this Agreement, using the Kindle Store, purchasing or using Kindle Content, or using any aspect of the Service.

Limitation of Liability. Without limiting the Disclaimer of Warranties and Limitation of Liability in the Amazon.com.au Conditions of Use, (1) in no event will our or our software licensors' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Kindle Application exceed the amount of fifty dollars ($50.00); and (2) in no event will our or any other Content Provider's aggregate liability to you for all damages arising from your use of the Service (excluding the Kindle Application) exceed the amount you actually paid for the Kindle Content or for the aspect of the Service related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.

Contact Information. For help with your Kindle Application, the Service, the Kindle Store, Kindle Content, or resolving other issues, please contact Customer Service at www.amazon.com.au/contact-us/ (or by email at kindle-support@amazon.com.au).

For communications concerning this Agreement, please write to

Amazon Australia Services, Inc.

Attn: Legal Department

P.O. Box 81226,

Seattle, WA 98108-1226

www.amazon.com.au

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in any Kindle Content,in a way that constitutes copyright infringement, please submit your complaint using our online form. We respond quickly to the concerns of rights owners about any alleged infringement.

If you prefer to submit a report in writing, please provide us with this information:

  • A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Amazon's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent

Amazon Australia Services, Inc. Legal Department

P.O. Box 81226

Seattle, WA 98108

phone: (206) 266-4064

fax: (206) 266-7010

e-mail: copyright@amazon.com

Courier address:

Copyright Agent

Amazon Australia Services, Inc. Legal Department

410 Terry Avenue North

Seattle, WA 98109-5210

USA

Please note that this procedure is exclusively for notifying Amazon that your copyrighted material has been infringed.

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