Apple Music Artists


﻿<h1>Apple Music Artists</h1>

<p>TERMS OF SERVICE</p>

<p>
    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.
</p>

<ol>
    <li>
        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.
    </li>
    <li>
        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.
    </li>
    <li>
        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.
    </li>
    <li>
        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.
    </li>
    <li>
        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.
    </li>
    <li>
        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.
    </li>
    <li>
        Particular Apple Music Artists Beta Services.
        <ol>
            <li>
                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.
            </li>
            <li>
                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.
            </li>
            <li>
                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.
            </li>
            <li>
                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:
                <ol>
                    <li>
                        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;
                    </li>
                    <li>
                        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;
                    </li>
                    <li>
                        the Artist Images do not violate any applicable laws or regulations; and
                    </li>
                    <li>
                        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.
                    </li>
                </ol>
            </li>
            <li>
                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:
            </li>
        </ol>
        <ol>
            <li>
                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.
            </li>
            <li>
                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.
            </li>
            <li>
                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.
            </li>
            <li>
                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.
            </li>
            <li>
                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.
            </li>
        </ol>
    </li>
    <li>
        Intellectual Property.
        <ol>
            <li>
                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.
            </li>
            <li>
                Copyrights. All copyrights in and to Apple Music Artists Beta are owned by Apple and/or its
                licensors.
            </li>
            <li>
                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.
            </li>
        </ol>
    </li>
    <li>
        Disclaimer of Warranties; Liability Limitations.
        <ol>
            <li>
                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.
            </li>
            <li>
                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,
                AND NONINFRINGEMENT.
            </li>
            <li>
                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.
            </li>
            <li>
                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
                RELATING THERETO.
            </li>
        </ol>
    </li>
    <li>
        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
        ARTISTS BETA.
    </li>
    <li>
        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.
    </li>
    <li>
        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.
    </li>
    <li>
        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.
    </li>
</ol>
<p>
Last updated: November 7, 2017<br/>
Copyright &copy; 2008-2018 Apple Inc. All rights reserved.
</p>