Apple Music for Artists

<h1>Apple Music for 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 FOR ARTISTS SERVICE AND THE PRODUCTS AND SERVICES OFFERED THROUGH IT
    ("APPLE MUSIC FOR ARTISTS"). 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 FOR ARTISTS. 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 FOR ARTISTS FOR NONCOMPLIANCE WITH ANY PART OF THESE TERMS OF SERVICE.
</p>

<ol>
    <li>
        Access. Access to Apple Music for Artists 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 for Artists (i) by the Content Provider or Apple solely for purposes of
        uploading and managing Artist Images (as defined herein); or (ii) by Apple for access to certain Content
        Analytics (as defined herein). In addition, limited access to Apple Music for Artists 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 for Artists services may be further
        limited by the Apple Music for Artists administrative user(s) for the Content Provider with which you are
        associated.
    </li>
    <li>
        System Requirements. Use of Apple Music for Artists 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 for Artists involves hardware,
        software, and Internet access, your ability to use Apple Music for Artists 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 for Artists 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 for Artists, 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 for Artists and at other points as may be required in the course of using Apple Music for
        Artists ("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 for Artists) 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 for Artists, 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 for Artists, including, without limitation, the Content
        Analytics Service, and you shall not exploit Apple Music for Artists, or any data therein, in any
        manner not expressly authorized by Apple.
    </li>
    <li>
        Particular Apple Music for Artists Services.
        <ol>
            <li>
                iTunes Producer (if applicable). Use of iTunes Producer software, available for download through
                Apple Music for Artists, 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 iTunes Producer 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 for Artists, 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 for Artists 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 for Artists 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>
                        Any Artist Images you upload will comply with the guidelines specified at
                        <a href="https://artists.apple.com/support/106-artist-image-guidelines">https://artists.apple.com/support/106-artist-image-guidelines</a>
                        (as may be updated from time to time).
                    </li>
                    <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 For Artists
                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 terms and conditions:
                <ol>
                    <li>
                        You acknowledge that the Content 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 any data provided to you through the Content Analytics Service to any
                        third parties, or allow third parties to access your account in Apple Music for Artists, 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 these Terms of Service.  Notwithstanding the
                        foregoing, the Content Analytics Service may provide functionality to share certain information
                        via your linked social media accounts, which sharing shall be permitted.
                    </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>
        </ol>
    <li>
        Intellectual Property.
        <ol>
            <li>
                Acknowledgement of Ownership. You agree that Apple Music for Artists 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 for Artists in
                compliance with these Terms of Service. No portion of Apple Music for Artists may be reproduced in any
                form or by any means.
            </li>
            <li>
                Copyrights. All copyrights in and to Apple Music for Artists are owned by Apple and/or its licensors.
            </li>
            <li>
                Trademarks. Apple, the Apple logo, iTunes, Apple Music for Artists and other Apple trademarks, service
                marks, graphics, and logos used in connection with Apple Music for Artists 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 WILL BE
                UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE APPLE MUSIC FOR
                ARTISTS (OR PARTICULAR PRODUCTS OR SERVICES THEREIN) FOR INDEFINITE PERIODS OF TIME, OR CEASE TO OFFER
                APPLE MUSIC FOR ARTISTS 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 FOR ARTISTS IS AT YOUR SOLE RISK.
                APPLE MUSIC FOR ARTISTS AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH APPLE MUSIC FOR ARTISTS
                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 FOR ARTISTS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE
                OF APPLE MUSIC FOR ARTISTS, 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 FOR ARTISTS, EVEN IF ADVISED OF THEIR
                POSSIBILITY.
            </li>
            <li>
                APPLE DOES NOT REPRESENT OR GUARANTEE THAT APPLE MUSIC FOR ARTISTS 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 APPLE MUSIC FOR ARTISTS , 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 FOR ARTISTS.
    </li>
    <li>
        Notices. Apple may send you notice with respect to Apple Music for Artists by sending an email message to the
        email address listed in your Account contact information or the business email address you provided to Apple in
        Apple Music For Artists, by sending a letter via postal mail to the contact address listed in your Account
        contact information, or by a posting on Apple Music for Artists. 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 for Artists, and that the exclusive
        jurisdiction for any proceeding relating in any way to your use of Apple Music for Artists 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
        for Artists, 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: August 7, 2020<br/>
Copyright &copy; 2008-2021 Apple Inc. All rights reserved.
</p>