Apple Music Artists
TERMS OF SERVICE
THESE TERMS OF SERVICE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU
AND APPLE INC. ("APPLE") STATING THE TERMS THAT GOVERN YOUR USE OF
THE APPLE MUSIC ARTISTS BETA SITE AND THE PRODUCTS AND SERVICES
OFFERED THROUGH IT ("APPLE MUSIC ARTISTS BETA"). TO AGREE TO THESE
TERMS OF SERVICE, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS
OF SERVICE, DO NOT CLICK "AGREE," AND DO NOT USE APPLE MUSIC ARTISTS
BETA. YOU MUST ACCEPT AND ABIDE BY THESE TERMS OF SERVICE AS
PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT
ACCEPTABLE, AND APPLE MAY REFUSE ACCESS TO APPLE MUSIC ARTISTS
BETA FOR NONCOMPLIANCE WITH ANY PART OF THESE TERMS OF SERVICE.
Access. Access to Apple Music Artists Beta is provided solely as an accommodation and at Apple's
sole discretion, and is available only to (a) authorized representatives of an entity (a "Content Provider") that
has one or more valid agreements with Apple or Apple affiliates relating to the offering of the Content
Provider's materials on Apple Music or iTunes Store (collectively, or individually, as context requires, the
“Service”), as applicable (each agreement, an "Agreement") (such representatives, "Provider
Representative(s)") and (b) artists or authorized representatives of artists whose materials are offered on the
Service by the Content Provider ("Artist Representative(s)"), which Artist Representatives have been
granted access to Apple Music Artists Beta (i) by the Content Provider or Apple solely for purposes of
uploading and managing Artist Images; or (ii) by Apple for access to certain Content Analytics (as defined
herein). In addition, limited access to Apple Music Artists Beta for certain purposes (including delivery of
materials to be offered for potential distribution pursuant to a future Agreement) is available to authorized
representatives of entities that have applied, and have been invited by Apple, to enter into an Agreement.
Your access to particular Apple Music Artists Beta services may be further limited by the Apple Music
Artists Beta administrative user(s) for the Content Provider with which you are associated.
System Requirements. Use of Apple Music Artists Beta requires compatible hardware (fees may
apply), Internet access (fees may apply), and certain software (fees may apply), and may require obtaining
updates or upgrades from time to time. Because use of Apple Music Artists Beta involves hardware,
software, and Internet access, your ability to use Apple Music Artists Beta may be affected by the
performance of these factors. High speed Internet access is strongly recommended. You acknowledge and
agree that such system requirements, which may be changed from time to time, are your responsibility.
Agreement. Your use of Apple Music Artists Beta is, if applicable, subject to the terms of any
Agreement, including, without limitation, its confidentiality provisions. In the event of any conflict between
these Terms of Service or any information provided on Apple Music Artists Beta, on the one hand, and any
applicable Agreement, on the other hand, the terms of such Agreement shall govern.
Your Information. You agree to provide accurate, current, and complete information required to register
with Apple Music Artists Beta and at other points as may be required in the course of using Apple Music
Artists Beta ("User Data"). You hereby confirm that any User Data you already have provided to Apple
(including, without limitation, in the iTunes application process or through prior use of Apple Music Artists
Beta) has been accurate, current and complete. You further agree to maintain and update your User Data as
required to keep it accurate, current, and complete.
Account and Password. As a registered user of Apple Music Artists Beta, you must establish an account
("Account"). You are solely responsible for maintaining the confidentiality and security of your Account.
You may not reveal your Account information to anyone else, allow anyone else to use your Account, or use
anyone else's Account. You are entirely responsible for all activities that occur on or through your Account,
and you agree to immediately notify Apple of any unauthorized use of your Account or any other breach of
security. Apple shall not be responsible for any losses arising out of the unauthorized or other improper use
of your Account.
No Programmatic Access. You may not use any data mining, robots, scripting, or similar data
gathering and extraction tools to access Apple Music Artists Beta, including, without limitation, the
Content Analytics Service, and you shall not exploit Apple Music Artists Beta, or any data therein, in
any manner not expressly authorized by Apple.
Particular Apple Music Artists Beta Services.
iTunes Producer (if applicable). Use of iTunes Producer software, available for download
through Apple Music Artists Beta, is subject to the license agreement presented in connection
therewith, as well as these Terms of Service. In the event of any conflict between the iTunes Producer
license agreement or these Terms of Service, the license agreement shall govern.
Apple Store. Purchases of Apple hardware and/or software or other products or services
through the Apple Store, accessible through Apple Music Artists Beta, are subject to all the terms and
conditions and/or terms of sale applicable to Apple Store purchases, which terms are available on or
through the Apple Store site.
Agreements. You agree to keep confidential, and not to disclose to any third party, any
proposed Agreement you download through Apple Music Artists Beta or otherwise receive from
Apple. In the event either party chooses not to execute such proposed Agreement, you agree to destroy
all copies thereof.
Images. Apple Music Artists Beta may permit you to upload certain images or other artwork related to
particular artists ("Artist Images") for worldwide use by Apple and its affiliates to display Artist
Images in Apple-controlled products and services and related promotional materials, and/or deliver
Artist Images for display on end users' client and related software on computers or other devices where
content featuring the artist is present, including (in either case) as an image associated with the
artist or particular content featuring the artist and/or in image galleries associated with the artist
or a particular item of content featuring the artist. You represent and warrant that:
you have cleared all worldwide rights, including, without limitation, any rights of
publicity of any artist or other person depicted in the Artist Images, any copyrights of
photographers or other third parties, and any trademark rights in marks featured in the Artist
Images, that may be necessary for the use of Artist Images as set forth herein;
you are responsible for all worldwide royalties, fees and/or other sums (if any)
payable with respect to Artist Images and their use as set forth herein;
the Artist Images do not violate any applicable laws or regulations; and
you have the authority to make the foregoing representations and warranties,
provided that, if you are a Provider Representative, you make the foregoing representations and
warranties on behalf of the Content Provider; and if you are an Artist Representative, you make the
foregoing representations and warranties on behalf of yourself, any entity on behalf of which you
are uploading the Artist Images, and the artist whom you and/or such entity represent.
Analytics. To the extent that Apple provides an analytics service through Apple Music Artists
Beta for content distributed through the Service excluding any Applications or associated information
distributed through the App Store (“Content Analytics Service”), you agree to use any data provided
through such Content Analytics Service solely for purposes of internal business analytics, including
promotion and marketing, and subject to the following conditions:
You acknowledge that the Contents Analytics Service is provided solely as a
convenience to you, and any data therein shall not be relied upon for the purposes of
determining any payments due you in connection with the distribution of your
content in the Service; for the sake of clarity, the financial reports that may be made
available to you pursuant to the applicable Agreement shall be the basis on which
payments are made to you.
You agree not to provide such information to any third parties, or allow third parties
to access your account in Apple Music Artists Beta, except for a third-party service
provider who is assisting you in processing and analyzing such data on your behalf
and who is not permitted to use it for any other purpose or disclose it to any other
party, and who is otherwise also bound by the terms of this Agreement.
For clarity, you must not aggregate (or permit any third-party to aggregate) analytics
information provided to you by Apple as part of the Content Analytics Service with
other content providers’ analytics information, or contribute such information to a
repository for cross-content provider analytics.
You must not use the Content Analytics Service or any analytics data to attempt to
identify or derive information about any particular end-user or device.
For the avoidance of doubt, if you are receiving analytics data from an analytics
service offered by the App Store for your applications, this section 7.E. does not
apply to any such analytics data received from such analytics service and your use
thereof shall be guided by any applicable Program License Agreement that governs
your distribution of any such applications.
Acknowledgement of Ownership. You agree that Apple Music Artists Beta contains
proprietary information and material that is owned by Apple and/or its licensors, and is protected by
applicable intellectual property and other laws, including but not limited to copyright, and that you will
not use such proprietary information or materials in any way whatsoever except for use of Apple Music
Artists Beta in compliance with these Terms of Service. No portion of Apple Music Artists Beta may
be reproduced in any form or by any means.
Copyrights. All copyrights in and to Apple Music Artists Beta are owned by Apple and/or its
Trademarks. Apple, the Apple logo, iTunes, Apple Music Artists Beta and other Apple
trademarks, service marks, graphics, and logos used in connection with Apple Music Artists Beta are
trademarks or registered trademarks of Apple Inc. in the U.S. and/or other countries. You are granted
no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
Disclaimer of Warranties; Liability Limitations.
APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE
OF APPLE MUSIC ARTISTS BETA WILL BE UNINTERRUPTED OR ERROR-FREE, AND
YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE APPLE MUSIC ARTISTS
BETA (OR PARTICULAR PRODUCTS OR SERVICES THEREIN) FOR INDEFINITE PERIODS
OF TIME, OR CEASE TO OFFER APPLE MUSIC ARTISTS BETA IN ITS ENTIRETY, AT ANY
TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, APPLE
MUSIC ARTISTS BETA IS AT YOUR SOLE RISK. APPLE MUSIC ARTISTS BETA AND ALL
PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH APPLE MUSIC ARTISTS
BETA ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
IN NO CASE SHALL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING
FROM YOUR USE OF APPLE MUSIC ARTISTS BETA OR FOR ANY OTHER CLAIM
RELATED IN ANY WAY TO YOUR USE OF APPLE MUSIC ARTISTS BETA, INCLUDING,
BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY PRODUCT OR SERVICE, OR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
PRODUCT OR SERVICE, POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA APPLE MUSIC ARTISTS BETA, EVEN IF ADVISED OF THEIR POSSIBILITY.
APPLE DOES NOT REPRESENT OR GUARANTEE THAT APPLE MUSIC ARTISTS
BETA WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE,
HACKING, OR OTHER SECURITY INTRUSION, AND APPLE DISCLAIMS ANY LIABILITY
Indemnity. BY USING THE APPLE MUSIC ARTISTS BETA SERVICE, YOU AGREE, TO THE
EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD APPLE, ITS DIRECTORS,
OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS
HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE
TERMS OF SERVICE, ANY REPRESENTATIONS OR WARRANTIES MADE BY YOU HEREIN,
OR YOUR OTHER IMPROPER, UNAUTHORIZED OR UNLAWFUL USE OF APPLE MUSIC
Notices. Apple may send you notice with respect to Apple Music Artists Beta by sending an email
message to the email address listed in your Account contact information, by sending a letter via postal mail
to the contact address listed in your Account contact information, or by a posting on Apple Music Artists
Beta. Notices shall become effective immediately.
Governing Law. You expressly agree that the laws of the State of California, excluding its conflicts of
law rules, govern these Terms of Service and your use of Apple Music Artists Beta, and that the exclusive
jurisdiction for any proceeding relating in any way to your use of Apple Music Artists Beta will be the
Northern District of California. You hereby waive the right to object to the foregoing choice of law, personal
jurisdiction or venue.
These Terms of Service constitute the entire agreement between you and Apple and govern your use of
Apple Music Artists Beta, superseding any prior agreements between you and Apple. If any part of these
Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent
with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining
portions shall remain in full force and effect. Apple's failure to enforce any right or provisions in these
Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of
Service. Apple will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Last updated: November 7, 2017
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