The agreement is with Amazon.com Services LLC and bundles these terms with other Amazon rules and policies
These Terms of Use (last updated November 02, 2023) are an agreement between you and Amazon.com Services LLC, which defines "Amazon" to include its affiliates, about the Amazon Photos services and associated software, including any legacy Amazon Drive applications. The "Agreement" you accept is not only this page: it also includes all rules and policies related to the Services (such as service-plan rules, usage restrictions and other conditions or procedures Amazon posts or updates on the Services or Amazon.com), the Amazon.com Privacy Notice and the Amazon.com Conditions of Use.
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This is an agreement between you and Amazon.com Services LLC
regarding the Amazon Photos services and associated software (including any legacy Amazon Drive applications)
all rules and policies related to the Services (including any service plan specific rules, usage restrictions, and other conditions or procedures that we post or update on or through the Services or on Amazon.com)
Last Updated: November 02, 2023
Qualifications & exceptions
Rules and policies that Amazon posts or updates on or through the Services or on Amazon.com become part of the Agreement.
Not stated here
The Amazon.com Privacy Notice, the Amazon.com Conditions of Use and the separately posted service rules and policies are linked but not supplied in this source, so their content is not analyzed here.
Legal Rights & Agreement Rules · Restriction or exception
You alone are responsible for your files, legal compliance, licenses and keeping files free of malware
You are solely responsible for Your Files and for complying with all applicable copyright and other laws, including import and export control laws and regulations, and with the terms of any licenses or agreements that bind you. You must make sure Your Files are free of malware, viruses, Trojan horses, spyware, worms or other malicious or harmful code.
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You are solely responsible for Your Files and for complying with all applicable copyright and other laws, including import and export control laws and regulations, and with the terms of any licenses or agreements to which you are bound.
You must ensure that Your Files are free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.
Legal Rights & Agreement Rules · Restriction or exception
Amazon takes no responsibility or liability for third-party services you connect
Amazon has no responsibility or liability for your use of Third Party Services or for the content, functionality or acts of the Third Party Services you use.
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Amazon has no responsibility or liability with respect to your use of Third Party Services or the content, functionality, or acts of Third Party Services you use.
Legal Rights & Agreement Rules · Context
Amazon Photos software is governed by the Amazon.com Conditions of Use plus third-party software terms
Amazon may make software available for use with the Services (the "Software"). The terms of the Amazon.com Conditions of Use apply to your use of the Software. Additional terms apply to certain third-party software, available through a link or in the Legal, Third Party Licenses or similar setting in the Software's Settings menu.
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We may make available to you software for your use in connection with the Services
Terms contained in the Amazon.com Conditions of Use apply to your use of the Software.
see the Legal, Third Party Licenses or similar setting in the Settings menu of the Software.
Not stated here
The Amazon.com Conditions of Use and the third-party software terms are not supplied.
Legal Rights & Agreement Rules · Context
Amazon does not give up its rights by not enforcing a term
If Amazon fails to insist on or enforce your strict compliance with the Agreement, that does not waive any of Amazon's rights.
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Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
Legal Rights & Agreement Rules · Company practice
Amazon can change these terms by posting them; using the service afterward means you accept
Amazon may amend the Agreement at its sole discretion by posting revised terms in the Services or on Amazon.com. Any fee increase will not affect the cost of your Service Plan during its current term. Continuing to use the Services or Software after an amendment shows your agreement to be bound by it.
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We may amend the Agreement at our sole discretion by posting the revised terms in the Services or on Amazon.com, but any increase in fees will not affect the cost of your Service Plan during its term.
Your continued use of the Services or the Software after any amendment evidences your agreement to be bound by it.
Service Plan fees and features may change over time.
Qualifications & exceptions
Fee increases cannot change your plan's cost mid-term, though plan fees and features may change over time and apply at renewal (Section 2.4).
No individual notice is described; posting is the stated method.
Legal notices go to Amazon's Seattle address; copyright claims follow the Conditions of Use procedure
Communications about the Agreement go to Amazon.com Services LLC, Attn: Legal Department, P.O. Box 81226, Seattle, WA 98108-1226, or 410 Terry Avenue North, Seattle, WA 98109 by courier. If you believe your work has been copied in a way that is copyright infringement, follow the Notice and Procedure for Making Claims of Copyright Infringement in the Amazon.com Conditions of Use.
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For communications concerning the Agreement, please write to Amazon.com Services LLC, Attn: Legal Department, P.O. Box 81226, Seattle, WA 98108-1226 or 410 Terry Avenue North Seattle, WA 98109 (courier).
If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the Notice and Procedure for Making Claims of Copyright Infringement specified in the
Not stated here
The copyright-claim procedure in the Amazon.com Conditions of Use is not supplied.
Legal Rights & Agreement Rules · Context
Disputes follow the dispute-resolution, governing-law and liability terms of the Amazon.com Conditions of Use
Any dispute or claim arising from or relating to the Agreement or the Services is subject to the dispute resolution, governing law, disclaimer of warranties, limitation of liability and all other terms in the Amazon.com Conditions of Use. How disputes are resolved (for example, the forum and any arbitration terms) is therefore set by that separate document.
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Any dispute or claim arising from or relating to the Agreement or the Services is subject to the dispute resolution, governing law, disclaimer of warranties and limitation of liability and all other terms in the
Qualifications & exceptions
Section 6.5 adds Photos-specific liability caps on top of the Conditions of Use limits.
Not stated here
The Amazon.com Conditions of Use is not supplied, so its dispute-resolution method, governing law and liability terms are not analyzed here.
Legal Rights & Agreement Rules · Restriction or exception
Liability for the Photos software is capped at $50 in total, on top of the Conditions of Use limits
Without limiting the disclaimer of warranties and limitation of liability in the Amazon.com Conditions of Use, the total liability of Amazon and its software licensors to you for all damages arising out of or related to your use of, or inability to use, the Software will not exceed $50.00. Damages that applicable law requires in cases involving personal injury are excluded from this cap.
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Without limiting the disclaimer of warranties and limitation of liability in the Amazon.com Conditions of Use
(a) 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 Software exceed the amount of fifty dollars ($50.00)
disclaimer of warranties and limitation of liability
Qualifications & exceptions
The cap does not apply to damages applicable law requires in personal-injury cases.
These caps add to, and do not limit, the Conditions of Use disclaimers and liability limits, which govern disputes under Section 6.4.
Not stated here
The Conditions of Use disclaimer and liability terms are not supplied.
Legal Rights & Agreement Rules · Restriction or exception
Liability for the service itself is capped at what you paid for the service related to your claim
Amazon's total liability to you for all damages arising from your use of the Services, or of information, materials or products made available through the Services (excluding the Software), will not exceed the amount you paid for the Services related to your claim.
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(b) in no event will our total liability to you for all damages arising from your use of the Services or information, materials, or products included on or otherwise made available to you through the Services (excluding the Software), exceed the amount you paid for the Services related to your claim for damages
Qualifications & exceptions
The Software is excluded here because it has its own $50 cap.
Not stated here
The source does not say what the cap is when you paid nothing, for example on a free or benefit-based plan, beyond tying it to the amount you paid.
Legal Rights & Agreement Rules · Restriction or exception
Amazon accepts no liability for loss, damage or misuse of your files, or for service changes and termination
Amazon has no liability for any loss, damage or misappropriation of Your Files under any circumstances, or for any consequences related to changes, restrictions, suspensions or termination of the Services or the Agreement. All of these limitations apply even if the remedies fail of their essential purpose.
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(c) we have no liability for any loss, damage, or misappropriation of Your Files under any circumstances or for any consequences related to changes, restrictions, suspensions, or termination of the Services or the Agreement.
These limitations will apply to you even if the remedies fail of their essential purpose.
Qualifications & exceptions
The exclusion is stated to apply "under any circumstances", including when Amazon deletes or restricts files under Sections 2.3 or 5.2.
Section 5.1 still promises a prorated refund if Amazon discontinues the Services.
Not stated here
Whether applicable law limits this exclusion is not addressed in the source.