Whispercast Administrator Terms of Use

Last Updated: October 17, 2012

These terms of use (these "Whispercast Terms") govern use of the services available at whispercast.amazon.com ("Whispercast") by you and the organization on whose behalf you use Whispercast ("you"), and are an agreement between you and Amazon Digital Services LLC (together with its affiliates, "Amazon" or "we"). By registering for or using Whispercast, including any associated software or service, you and the organization on whose behalf you use Whispercast agree to be bound by these Whispercast Terms. If you use Whispercast on behalf of an organization, you represent that you have the authority to bind that organization to these Whispercast Terms. Your use of Whispercast is also subject to the Amazon.com Kindle Terms at http://www.amazon.com/kindleterms, the Amazon.com Privacy Notice at http://www.amazon.com/privacy, and the Amazon.com Conditions of Use at http://www.amazon.com/conditionsofuse. Capitalized terms not defined below have the meaning provided in the Amazon.com Kindle Store Terms of Use.

Amazon may change Whispercast or these Whispercast Terms at any time by posting the revised terms on the Whispercast.amazon.com website. Your continued use of Whispercast following the effective date of any changes will constitute your acceptance of those changes.

  1. Whispercast Use

    Each copy of Kindle Content you purchase using Whispercast may only be delivered to a single Amazon.com account. You may not charge others, directly or indirectly, to distribute digital content via Whispercast.

    For these Whispercast Terms, "Documents" means any digital content created or obtained by you from a third party and that you store on the Whispercast platform or distribute using Whispercast. As between you and Amazon, you or your licensors own all right, title, and interest in and to the Documents. Except as provided in these Whispercast Terms, we obtain no ownership rights under these Whispercast Terms from you or your licensors to the Documents. You consent to our storage, use and disclosure of the Documents to deliver the Documents via Whispercast or to comply with any request of a governmental or regulatory body. You represent and warrant to Amazon that: (a) you or your licensors own all right, title, and interest in and to the Documents and (b) you have all rights in the Documents to grant the rights contemplated by these Whispercast Terms.

    You will adhere to all laws, rules, and regulations applicable to your use of Whispercast, including all laws and regulations relating to advertising, marketing and solicitations. You may not use Whispercast to violate the security or integrity of any Kindle, Reading Application or Supported Device. You may not use Whispercast for any illegal, harmful or offensive use, or to transmit, store, distribute or otherwise make available content that is illegal, harmful, infringing, or offensive. Prohibited activities or content include, but are not limited to, the following:

    • Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
    • Harmful or Fraudulent Activities. Activities that may be harmful to others or to Amazon's operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices.
    • Harmful Content. Content that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

    We may remove, disable access to, or modify any Documents, including any Documents that violate these Whispercast Terms. You will hold harmless and indemnify Amazon and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to your use of Whispercast or violation of these Whispercast Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.

  2. Restrictions and Limitations

    Whispercast is currently only available to United States customers. Some Kindle Content may not be available for purchase through Whispercast. Not all Whispercast features will be available for all Kindles. In addition, some Kindle features may not be supported within Whispercast. You are responsible for all activities that occur under your Whispercast account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents).

  3. Termination of Your Whispercast Account

    We may investigate any violation of these Whispercast Terms or misuse of Whispercast. Amazon may limit or revoke your access to Whispercast at any time and without notice, for example if you fail to comply with any of these Whispercast Terms. Amazon's failure to enforce your compliance with these Whispercast Terms will not constitute a waiver of any of its rights. If Amazon terminates your rights to access Whispercast, you must cease all use of Whispercast. Amazon reserves the right to modify, suspend, or discontinue Whispercast at any time. Amazon will not be liable to you for its exercise of this right.

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