May 21, 2012
Is this a legal way of stealing my work? |
Who's OnlineThere are currently 1 user and 32 guests online.
New Forum Topics
Top Forum Contributors12 forum posts 10 forum posts 9 forum posts 9 forum posts 6 forum posts Navigation |
||
| Copyright 2007-11 Citizen Media Law Project and respective authors. Except where otherwise noted, content on this site is licensed under a Creative Commons Attribution-Noncommercial-ShareAlike 3.0 License: Details. Use of this site is pursuant to our Terms of Use and Privacy Notice. |


I wanted to sell my books online, my website does okay, but if I can also use Amazon I thought why not. I contacted Amazon and asked them which of their venues would be appropriate for the sale of my books and they suggested their Pro Seller Program. I was in the process of registering when I read the terms of use and clause number #4 made my hackles rise. Please see below to read the Amazon clause:
4. License.
You grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of Your Materials, and to sublicense the foregoing rights to our affiliates and operators of Amazon Associated Properties; provided, however, that we will not alter any of Your Trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of Your Trademarks (provided you are unable to do so using standard functionality made available to you via the Amazon Site or Services); provided further, however, that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a license from you or your affiliates under applicable law (e.g., fair use under United States copyright law, referential use under trademark law, or valid license from a third party).
If Your Elected Country is the United States, conditioned upon your compliance with the Trademark Usage Guidelines, Amazon grants you a non-exclusive, non-transferable, non-assignable, revocable right and license during the term of this Agreement to use the Amazon Marks solely in connection with your use of the Services for which the Amazon Marks were provided to you. You must use the Amazon Marks solely in the manner in which they were provided to you, meaning you may not change, alter, amend, vary, or modify the Amazon Marks in any way, at any time. You may not use any Amazon Mark except as expressly provided herein, and may not sublicense these rights or otherwise permit any party to use the Amazon Marks. You acknowledge that Amazon and its affiliates are the sole owners of the Amazon Marks, and you agree to do nothing inconsistent with that ownership. All goodwill arising out of your use of the Amazon Marks will inure to the sole benefit of Amazon and its affiliates. Amazon may revoke your license to any or all of the Amazon Marks at any time in its sole discretion. Upon the termination this Agreement, or termination or suspension of the Services for which any Amazon Mark was provided to you, you shall immediately cease and discontinue all further use of the Amazon Mark.
Is this even worth it. Has anyone ever contacted Amazon and had their contract modified?
Really need some help with this one.
Thank.