Apple Music for 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 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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. Particular Apple Music for Artists Services.
    1. 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.
    2. 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.
    3. 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.
    4. 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:
      1. Any Artist Images you upload will comply with the guidelines specified at https://artists.apple.com/support/106-artist-image-guidelines (as may be updated from time to time).
      2. 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;
      3. 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;
      4. The Artist Images do not violate any applicable laws or regulations; and
      5. 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.
    5. 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:
      1. 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.
      2. 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.
      3. 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.
      4. 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.
      5. 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.
  8. Intellectual Property.
    1. 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.
    2. Copyrights. All copyrights in and to Apple Music for Artists are owned by Apple and/or its licensors.
    3. 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.
  9. Disclaimer of Warranties; Liability Limitations.
    1. 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.
    2. 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.
    3. 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.
    4. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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.

Last updated: August 7, 2020
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