Amazon Music for Podcasters Terms and Conditions
Last updated 9th February 2022
This is an Agreement (as defined below) between you, on the one hand, and individually, each of Amazon.com Services LLC, Amazon Digital UK Limited, Amazon.com Sales Inc., and any other Affiliate that joins as a party to the Agreement, in each case solely with respect to such entity’s exercise of its rights and compliance with its obligations in connection with the countries, territories, and provinces designated by Amazon, and governs your use of the Amazon Music for Podcasters service (“Amazon Music for Podcasters”). An “Affiliate“ is any entity that directly or indirectly controls, is controlled by, or is under common control with an Amazon party. “Amazon,” “we,” or “us” means, together, the Amazon parties and their Affiliates. All rights granted to Amazon under the Agreement may be exercised by Amazon, its Affiliates, and subcontractors providing services in connection with the Services or Amazon Music for Podcasters.
Before using Amazon Music for Podcasters, please read these Terms and Conditions, all related rules and policies (including any specific rules, usage restrictions, and other conditions or procedures that we post or update on or through Amazon Music for Podcasters or on any help or other informational page for Amazon Music for Podcasters), the
The Agreement takes effect when you click an “I Accept” button or check box presented to you when setting up your Amazon Music for Podcasters account (the “Effective Date”). We may amend the Agreement at any time by posting the revised terms on or through Amazon Music for Podcasters. To the extent permitted by law, your continued use of Amazon Music for Podcasters after any amendment evidences your agreement to be bound by it.
You represent to us that you are lawfully able to enter into the Agreement (e.g., you are not a minor). If you are entering into the Agreement for an entity or individual, such as the company you work for or the podcaster you represent, you represent to us that you have legal authority to bind that entity or individual.
1. GENERAL DESCRIPTION. Amazon Music for Podcasters allows you to submit audio and audiovisual podcast content with its associated advertisements, metadata, intellectual property, and artwork (“Content”) to us for inclusion in our and our Affiliates’ (e.g., Audible) services (the “Services”).
2. ELIGIBILITY.
To use Amazon Music for Podcasters, you must have an Amazon account and be a podcaster or authorized representative of a podcaster whose content is provided to Amazon for distribution on the Services.
You may not share your Amazon username and password with others or use anyone else’s Amazon username and password. You may not use a false e-mail address, impersonate any person or entity, or otherwise provide any false or misleading information, including any information provided in establishing an account or provided as to the ownership of any Content.
You are responsible for all communications and activities that occur in relation to Amazon Music for Podcasters which come from your computer or computer facilities, including your e-mail account and password.
3. CONTENT.
You will only deliver Content to us for which you have obtained all necessary rights, consents, and waivers (including, but not limited to, sound recordings, musical works, compositions, lyrics, and/or performances that may be included in Content) that may be required in connection with our exploitation of the rights you’ve granted under the Agreement. You are responsible for and agree to pay any fees due with respect to your Content. You will give us information we request with respect to the ownership and control in compositions embodied in any sound recording in your Content. Your submission of Content to us does not change your ownership of such Content.
You will not deliver Content that:
injures or violates the rights of any third party, including privacy, publicity, copyright, moral rights, trademark, patent, or other intellectual property rights;
implies an association with or endorsement by any third party that has not authorized such association or endorsement;
would require us to pay royalties or any other fees to any third party for use of your Content as permitted under the Agreement;
is defamatory;
is primarily intended to advertise products or services;
is sexually graphic or explicit;
harasses or bullies any group or individual;
is illegal or that promotes, endorses or incites users of the Services to engage in illegal activity;
targets any group or individual with derogatory comments, hateful remarks or threats or that promotes groups or organisations that support such beliefs;
is false, deceptive (e.g. common misspellings and sound-alikes), or that may otherwise mislead users of the Services; or
promotes, endorses or incites users of the Services to engage in dangerous, harmful (including self-harm) or violent acts.
Advertising or sponsorship messages in your Content will comply with all applicable laws and Section 3.2 and will not reference weapons, ammunition, cigarettes (including e-cigarettes), or tobacco.
You will designate explicit (e.g. adult) Content as such by using the explicit Content flag.
You will deliver Content through an XML-based standard web rich site summary feed format (“RSS Feed”) or another data feed procedure we provide for that purpose.
We will not embed any advertisements in your Content.
We will not re-host your Content.
4. RIGHTS.
License Grant. You grant us and our Affiliates the worldwide, non-exclusive, royalty-free, sub-licensable right to use, market, promote, advertise, display, transcribe (to facilitate access to Your Content in the Services), transmit, distribute, communicate to the public, make available (including via stream and download), and perform your Content in any media and technology formats in connection with the Services and Amazon Music for Podcasters. You hereby waive, to the fullest extent permitted by law, for the benefit of us, our Affiliates and sub-licensees all moral rights in your Content.
Suggestions. If you provide suggested improvements to our Services (“Suggestions”) to us, we will be entitled to use Suggestions without restriction. You hereby irrevocably assign, including by present assignment of future rights, to us all right, title, and interest in and to Suggestions and agree to provide us any assistance we require to document, perfect, and maintain our rights in Suggestions.
Trademarks; Publicity. Under our trademark, brand, and marketing guidelines available on Amazon Music for Podcasters (collectively, the “Trademark Guidelines“), we may make certain trademarks, logos, badges, or trade dress available for you to use to promote your Content in connection with the Services. You must comply with the Trademark Guidelines in your use of those trademarks, logos, badges, and trade dress, and unless you have received our express written permission, you will not otherwise use any trademark, service mark, trade name, commercial symbol, domain, trade dress, or other proprietary right of ours (or any variant thereof). You will not adopt or attempt to register any proprietary right of ours (or any variant thereof).
5. SECURITY AND DATA PRIVACY.
No Reverse Engineering or Circumvention. You will not, and you will not encourage, assist, or authorize any other person to, modify, reverse engineer, circumvent, decompile, disassemble, dupe, or otherwise tamper with any part of the Services or Amazon Music for Podcasters.
No Bulk Data Collection. You will not, and you will not encourage, assist, or authorize any other person to “crawl” the Services or Amazon Music for Podcasters or otherwise use any data mining, scraping, or other data gathering tools to collect information from Amazon.
Data. Unless otherwise permitted by us, you will not collect, store, or use for any purpose any information pertaining to our customers, including for targeted advertising. You will not attempt to derive data that is more detailed than the data you receive (e.g., to determine personal information about a user of the Services).
6. TERM AND TERMINATION. The Agreement begins on the Effective Date and continues until terminated (“Term”) by one party upon no less than three business days’ notice to the other party.
7. CHANGES AND SUSPENSION.
Changes. We may change, suspend, or discontinue Amazon Music for Podcasters, or any part of it, at any time. From time to time, we may add features to or remove them from Amazon Music for Podcasters. There may be unusual circumstances where we may no longer be able to provide you access to particular features.
Suspension and Termination by Us. Your rights under the Agreement will automatically terminate without notice if you fail to comply with its terms. We may (a) terminate the Agreement; (b) restrict, suspend, or terminate your use of Amazon Music for Podcasters; or (c) remove your Content from our Services at any time in our sole discretion.
8. REPRESENTATIONS AND WARRANTIES. You represent and warrant that you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government, the European Union or its member states, the United Kingdom Government (e.g., HM Treasury’s Office of Financial Sanctions Implementation’s list) or other applicable government authority.
9. INDEMNITIES. You agree to indemnify, defend and hold harmless Amazon (including Amazon’s Affiliates) 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 Content you submit, your breach of the Agreement, or from your improper, unauthorized, or unlawful use of Amazon Music for Podcasters.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL AMAZON BE LIABLE FOR ANY LOSS OF DATA, LOSS OF PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR RELIANCE DAMAGES ARISING FROM OR IN RELATION TO THE AGREEMENT, OR FOR ANY EQUITABLE REMEDY OF DISGORGEMENT OR OTHERWISE, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. AMAZON SPECIFICALLY DISCLAIMS, WITH RESPECT TO ALL THE SERVICES, ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL AMAZON’S LIABILITY HEREUNDER EXCEED $100,000. THIS CLAUSE SHALL NOT EXCLUDE OR LIMIT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
11. CONFIDENTIALITY. You will not disclose Amazon Confidential Information during the Term or at any time during the 3-year period following the end of the Term. You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Amazon Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature. “Amazon Confidential Information,” means all nonpublic information disclosed by us, our Affiliates, business partners or our or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential.
12. GENERAL.
Governing Law. The Agreement and the transactions contemplated hereby shall be governed by the laws of the State of Washington, without reference to rules governing choice of laws or the U.N. Convention on Contracts for the International Sale of Goods. You hereby irrevocably consent and waive any objection to the exclusive jurisdiction and venue of the federal and state courts located at King County, Washington with respect to any claims, suits or proceedings arising with respect to our exercise of the rights granted by you under the Agreement and any other dispute arising out of or in connection with the Agreement.
Miscellaneous. Following any termination or expiration of the Agreement, any provision which, by its nature or express terms should survive will survive such termination or expiration, including, but not limited to Sections 8 - 12. Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions under the Agreement.
Notices. We may communicate with you in connection with your use of Amazon Music for Podcasters 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. Any notice or other communication will be given to us via e-mail to
Assignment. We may assign, novate or sub-license the Agreement to any Affiliate and any Affiliate may otherwise join as a party to this Agreement. The joining Affiliate will be entitled to exercise the rights that you grant under this Agreement. You may not assign the Agreement, by operation of law or otherwise, without our express prior written approval.
Copyright Notices. 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
Entire Agreement; Severability. The Agreement constitutes the entire agreement between you and Amazon and governs your use of Amazon Music for Podcasters, superseding any prior agreements between you and Amazon (unless you have previously entered into an offline Agreement with Amazon with respect to your Content). If any term or condition of the Agreement is deemed invalid, void or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.