2. General Description of Author Central. Author Central includes a variety of tools that allow authors to connect with readers through the submission of photographs, images, videos, written communications and other materials (all materials submitted by you through Author Central, the "Submitted Materials") for use on or distribution through sites, services or applications that are owned or operated by Amazon or under any Amazon-owned brand (Author Central and these sites, services and applications collectively, the "Services"). You grant to us a license to use the Submitted Materials on the terms provided below, but you otherwise retain all of your rights in your Submitted Materials. Submission to Author Central does not change your ownership of your Submitted Materials.
3. Consideration. In consideration for Amazon providing the Services and you providing the Submitted Materials, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree to the terms of the Agreement
4. Eligibility. Submissions of materials to Author Central are tied to authors and may be made only by the individual author and by representatives of the author who have the legal right to act on behalf of the author. If you are not the author or do not have the legal right to act on behalf of the author, you may not submit any materials for that author. You must also be at least 18 years old to use Author Central.
5. Permitted Materials. You may use Author Central to submit materials that you own or otherwise have the right to submit. You may not submit materials that are illegal, obscene, threatening, defamatory, or otherwise contain any objectionable or inappropriate content, nor may you submit materials that injure or violate the rights of any third party, including privacy, publicity, copyright, trademark, patent or other intellectual property rights.
6. License Grant. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right and license to use, reproduce, distribute, transmit, perform, modify and display all Submitted Materials in any media formats solely in connection with the Services and the marketing, promotion and distribution of the Services. If you use the tools provided in Author Central to remove any Submitted Materials, your license to us will terminate with respect to those materials when they are removed from the Services, but you acknowledge that our systems may retain archived copies of the materials and that your removal of materials does not affect copies of the materials that were distributed prior to removal. Submitted Materials other than photographs or audiovisual or music content (which materials may include factual information regarding music or videos and biographical information) may be incorporated in various ways into our databases and into materials we make available and therefore may not be removed once you provide them. You confirm that the rights you grant to us for such materials are irrevocable and extend to us and to any person or entity designated or engaged by us or acting on our behalf.
7. Identity. You represent and warrant that the information provided by you via our online process is true. 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 origin of any Submitted Materials. You are fully responsible for all communications and activities that occur in relation to Author Central which come from your computer or computer facilities, including your e-mail account and password, and are fully responsible for the actions of any agent, manager or other representative you authorize to act on your behalf with respect to Author Central, as if such actions were made by you.
8. Representations, Warranties and Indemnities. You represent and warrant that: (a) you have all the rights necessary to grant us the license to use the Submitted Materials on the terms provided in this Agreement; you either own all the rights in sound recording and in the musical composition of any Submitted Materials (including performance rights and the mechanical rights) or that you have the necessary authorization of those who own these rights; (b) that you have procured that no payments in respect of music publishing (including but not limited to synchronization, mechanical or performance fees) shall be due in relation to the inclusion of the Submitted Materials in Author Central; (c) our use of the Submitted Materials as authorized by this Agreement will not violate or infringe the privacy rights, publicity rights, intellectual property rights or other rights of any person or entity and are not defamatory; and (d) 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 this Agreement or your representations or warranties.
9. Limitation of Liability; Disclaimer of Warranties. Author Central, and its features, tools, functionality and other facets, are made available on an "as is" and "as available" basis. To the fullest extent permissible under applicable laws, we disclaim any and all warranties, express or implied, with respect to Author Central, including implied warranties of merchantability and fitness for a particular purpose. In no event will we be liable for any damages of any kind arising from your use of Author Central, including any direct, indirect, incidental, punitive or consequential loss whether based on contract, tort, or otherwise, regardless of whether we or our affiliates knew or had any reason to know of the possibility of such loss. Nothing in this Agreement is intended to exclude Amazon's liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation or for any matter that it would be illegal for either party to exclude or attempt to exclude its liability. We take no responsibility and assume no liability for any materials submitted under your account.
(a) We may terminate any account at any time in our discretion and modify Author Central or discontinue or suspend offering Author Central, in whole or in part, at any time. Similarly, you may discontinue your use of Author Central at any time. We also have no obligation to use, post or distribute your Submitted Materials. We may, in our sole discretion, remove your Submitted Materials at any time.
(b) We may communicate with you in connection with your use of Author Central 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.co.uk web site or by any other means. We may also share your contact information (including email address) with third parties for verification purposes.
(d) Neither this Agreement nor your use of Author Central will create or imply any relationship of agency, franchise, partnership or joint venture between you and Amazon.
(e) We may modify the terms of this Agreement at any time in our sole discretion without notice to you by posting the revised terms at Author Central or elsewhere on Amazon.co.uk, and you are responsible for remaining apprised of the current version of this Agreement. Your continued use of Author Central after we post revisions to this Agreement will constitute your acceptance of the revised Agreement. If you do not agree to any posted changes, you may not continue to use Author Central.
(f) A person who is not a party to the Agreement does not have any rights under or in connection with it by virtue of any applicable law.
(g) You may not assign any of your rights or obligations under the Agreement
(h) Headings and titles used herein are for the convenience of the parties only and will not be used in the interpretation or construction of this Agreement.
(i) This Agreement is governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg and you submit to the non-exclusive jurisdiction of the Courts of the district of Luxembourg