Artistlink Terms of Use

Beats Music, LLC

Last Revised August 1, 2014

Effective Date August 1, 2014

  1. Introduction
  2. Artistlink Platform Privacy Policy
  3. Accounts
  4. Digital Products
  5. Payment and Proceeds
  6. License
  7. Proprietary Rights of Beats Music
  8. Content and Your Submissions
  9. Your Representations and Warranties
  10. Intellectual Property
  11. Cancellation
  12. Customer Service
  13. Technology Limitations and Modifications
  14. Security
  15. Warranty
  16. Limitation of Liability
  17. Indemnification
  18. Export Control
  19. Assignment
  20. Governing Law; Jurisdiction
  21. Third Parties
  22. Contact Us

  1. Introduction

Thanks for choosing Artistlink! These Artistlink Terms of Use are a binding contract between you and Beats Music, LLC, a wholly-owned subsidiary of Apple Inc. (“Beats Music”, “we”, “our”, “us”). These Artistlink Terms of Use govern your use of the Artistlink platform, consisting of tools, services, APIs, widgets, and developer kits provided by Beats Music on or through Artistlink.com (collectively, the “Artistlink Platform”) for the management of digital products owned or controlled by you that you wish to sell to or sell through the Artistlink Platform (each a “Digital Product” and collectively the “Digital Products”). By using the Artistlink Platform in any way means that you agree to a binding contract with use and your agreement with us includes these Artistlink Terms of Use and the Artistlink Privacy Policy (collectively, the “Artistlink Policies”). These Artistlink Terms of Use include an end user license agreement in regard to your use of our software under the terms hereof. All definitions include both the singular and plural form.

Read our Artistlink Policies carefully. The Service is only available for individuals aged 13 years or older. You may use the Artistlink Platform only as long as applicable law does not prohibit your acceptance of our Artistlink Policies. We want you to use the Artistlink Platform. However, if you do not agree with our Artistlink Policies (including these Artistlink Terms of Use) then you must stop using the Artistlink Platform immediately.

  1. Artistlink Privacy Policy

Our Artistlink Privacy Policy, together with these Artistlink Terms of Use govern your use of the Artistlink Platform. We may revise our Artistlink Privacy Policy from time to time. If we make changes to our Artistlink Privacy Policy that, in our sole discretion, is material, we will notify you via the email address you have provided us or via a notification on the Artistlink Platform. Any additional or different terms to our Artistlink Privacy Policy will be effective upon being posted on the Artistlink Platform. The Artistlink Privacy Policy is incorporated into these Artistlink Terms of Use by this reference. By continuing to access and use the Artistlink Platform after any changes to our Artistlink Privacy Policy, you agree to be bound by the revised Artistlink Privacy Policy.

  1. Accounts

To access the Artistlink Platform you will be directed to create an account and provide certain information about yourself (“Artistlink Account”). You may be required to log in to an existing Facebook or Twitter account in order to create an Artistlink Account. If you decide to upgrade your plan with the Artistlink Platform, you will provide your credit card information to us. You agree that all the information you provide Beats Music will be true, accurate, current, and complete. You may not select as your Artistlink user ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your Artistlink Account to anyone else without our prior written permission. Your failure to provide such true, accurate, current, and complete information will constitute a breach of these Artistlink Terms of Use and may result in Beats Music, at its own discretion, cancelling your account. You may update any of your information by going to your Account Settings and then modifying and submitting the appropriate fields.

Except as provided below, you will only use the Artistlink Platform for your own, personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If you have the express authorization from a third party to do use the Artistlink Platform on such third party’s behalf, you may use the Artistlink Platform on behalf of such third party, in which case you represent and warrant that you have all rights and authorizations from such third party that are necessary for you to use the Artistlink Platform on their behalf. If your use of the Artistlink Platform is prohibited by applicable laws, then you are not authorized to use the Artistlink Platform. We cannot and will not be responsible for your using the Artistlink Platform in a way that breaks the law.

You must protect the security of your Artistlink Account, including without limitation, your password. You are responsible for any activity associated with your Artistlink Account. You may designate members of your management team and others, such as band members and designers, as authorized users of your Artistlink Account. Those authorized users will have full rights to access your Artistlink Account and to take any actions that you are authorized to take under these Artistlink Terms of Use. However, you are solely responsible for any activity that occurs on your Artistlink Account (except for activities expressly identified in these Artistlink Terms of Use as provided by Beats Music), for maintaining the confidentiality of your Artistlink Account password, and for keeping your Artistlink Account current, true, and accurate.

  1. Digital Products

Beats Music is not paid for, responsible for, nor involved with the distribution of anything not distributed through the Artistlink Platform. Beats Music acknowledges and agrees that these Artistlink Terms of Use is non-exclusive and that you may sell your Digital Products via any other method, including without limitation, direct sales via other online retail outlets and distributors, and via alternative software mechanisms. Beats Music will be paid a Sales Fee (defined below in Section 5) for Digital Products that are distributed using the Artistlink Platform.

You are responsible for uploading the Products to the Artistlink Platform. The Artistlink Platform will guide you through this process. You can easily add or remove Digital Products, change retail prices (you determine the retail price, not Beats Music), or edit Digital Product information at any time through your Artistlink Account. You agree to provide accurate information for each Digital Product, such as images or verbal descriptions. Beats Music is not responsible for any issues relating to inaccurate information, and any resultant costs or charges (e.g. refunds) shall be borne by you and deduction from the Payment Obligation (defined below in Section 5).

4.1.          Display of Beats Music As Retailer in the U.S.

You are a client of Beats Music utilizing Beats Music services through the Artistlink Platform for selling or reselling your Digital Products. Beats Music is the retailer and seller of record for sales of Digital Products to customers in the U.S. For clarity, Beats Music is not the retailer and seller of record for sales of Digital Products to customers outside of the U.S. As required by law, Beats Music will post “Powered by Beats Music” or “Powered by Artistlink” language in the checkout flow. To comply with credit card provider rules and trademark law, you will not display any credit card logos or insignia on your Artistlink Account as they pertain to your relationship with Beats Music.

4.2.          Appointment of Agent in foreign countries

You hereby appoint Beats Music as your disclosed agent for the marketing and delivery of the Digital Products to customers outside the U.S. You hereby acknowledge that Beats Music will market and deliver the Digital Products to customers outside the U.S., but Beats Music will be acting in your name and on your behalf. In furtherance of Beats Music’s appointment under this Section 4.2, you hereby authorize and instruct Beats Music to:

  1. market, solicit, and obtain orders for Digital Products in your name and on your behalf from customers located in foreign countries;
  2. issue invoices for the purchase price payable by customers for the Digital Products;
  3. use: (i) trademarks and logos associated with the Digital Products and Digital Product information for promotional purposes, and (ii) use images and other materials that you may provide to Beats Music for promotional purposes; and
  4. otherwise use Digital Products and Digital Product information and associated metadata as may be reasonably necessary in the marketing and delivery of the Digital Products in accordance with these Artistlink Terms of Use.

The parties acknowledge and agree that their relationship under this Section 4.2 is, and shall be, that of principal and disclosed agent and that you, as principal, are, and shall be, solely responsible for any and all claims and liabilities involving or relating to, Digital Products sold to customers outside the U.S., as provided in this Section 4.2. The parties agree that your appointment of Beats Music as your disclosed agent under this Section 4.2 is non-exclusive.

4.3.          Royalties.

Unless otherwise expressly agreed in writing by Beats Music, as between you and Beats Music, you are solely responsible for and shall pay all royalties, fees, and other monies owing any person or entity arising out of the use, sale, distribution or other exploitation of any Digital Product or Your Submission (defined in Section 8) on or through the Artistlink Platform, including without limitation (i) any sums due to artists, authors, co-authors, copyright owners and co-owners, producers and any other record royalty participants and (ii) fees for any rights, consents, royalties, or any other sums payable to any third party in connection with the exploitation of any materials contained in the Digital Products or Your Submissions protected by any intellectual property rights (e.g. ASCAP, BMI, Harry Fox, other music publishing rights holders).

4.4.          Order Fulfillment of Digital Products.

Beats Music will fulfill orders for Digital Products placed through the Artistlink Platform. With respect to fulfillment of orders for Digital Products outside the U.S., Beats Music will be acting in your name and on your behalf. Beats Music will provide the customer with a mechanism to access or download the Digital Product.

        4.5.          Customer and Artist Information.

4.5.1.          Customer Data.

To the extent generally available using the Artistlink Platform, Apple Inc. (“Apple”) will provide you access to customer data (i.e., name, address, email, social network screen name) for customers who purchase your Digital Products. You acknowledge and agree that Apple may (i) use customer and user data (including your data) in an aggregate, anonymous form, (ii) use, supply to third party chart reporting organizations, and publish your sales data for chart reporting purposes, and (iii) supply to other third parties with your express permission. We will not target communications to your customers without your express consent.

4.5.2.          Privacy.

You will only use the information you acquire from your customers or other users of offers you create using the Artistlink Platform as expressly allowed by the applicable privacy policy and applicable law. You must post your privacy policy in conjunction with your use of the Artistlink Platform on your Artist Site(s), and you hereby represent and warrant that it is legally compliant.

4.5.3.          Customer Communication.

You are responsible for your communications with customers, including communications through the Artistlink Platform, and for providing us with accurate and complete customer information so that the Artistlink Platform operate properly and efficiently. You agree that the information you provide will be generated from your interactions with your customers and will be maintained and updated by you (or someone you have authorized). You shall not use the Artistlink Platform (and shall not authorize anyone else) to take any action that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (e.g., running Maillist, Listserv, or any form of auto-responder) (“spamming”).

  1. Payment and Proceeds

  1. Payment Collection

For all Digital Products sold on or through the Artistlink Platform, Beats Music will collect, verify, and process a customer’s credit card information through Amazon Services. Through Amazon Services, Beats Music will collect the purchase price and applicable fees and taxes.

        5.2.         Artists Proceeds.

Beats Music will provide an accounting for you in which Beats Music will report the gross proceeds we receive from the sale of your Digital Products, minus any Deductions as set forth in Section 5.3. (“Payment Obligation”).

        5.3.         Deductions.

The Payment Obligation includes the gross funds we collect from the sale of your Digital Products minus the following items (“Deductions”): (i) Sales Fees payable to Beats Music as described in Section 5.4 herein; (ii) U.S. Sales Taxes, as defined in Section 5.5; (iii) third party licensing fees (payable by Beats Music when applicable as described in Section 5.6) (iv) refunds to customers (such as credit card charge backs, defined below in Section 5.7), disputed charges, or fraud, (v) actual bandwidth costs; (vi) actual credit card transaction fees (except with respect to the sale of tickets for which credit card fees are included in the 15% Sales Fee as described more fully in Section 5.4 below); (vii) reserves (if any); (viii) Third Party Payments (e.g. payment to a label);  and (ix) other features we add to the Artistlink Platform to which you expressly opt-in (if any). More information on these Deductions is described below in Sections 5.4 – 5.8.

        5.4.         Sales Fees.

For all Digital Products that you sell using the Artistlink Platform and where such sales transaction is handled by Artistlink’s Amazon-powered shopping cart, Beats Music shall retain a Sales Fee equal to:

  1. twenty percent (20%) of the retail sales price where the such Digital Product is $5.99 USD or less; or
  2. fifteen percent (15%) of the retail sales price where such Digital Product is $6.00 USD or more.

Beats Music will deduct its Sales Fees prior to remitting the Payment Obligation. The Sales Fees are non-refundable, provided, however, that Beats Music will not earn Sales Fees on authorized customer returns.

        5.5.         Sales Taxes.

Sales Tax” means any sales, goods, use or value added tax, or any similar tax or fee. “U.S. Sales Tax” means any Sales Tax imposed by any U.S. state or territory or any political subdivision of any U.S. state or territory. “Other Sales Tax” means any Sales Tax that is not a U.S. Sales Tax. For Digital Products we sell to customers in the U.S. located in states where Beats Music has a legal obligation to collect any U.S. Sales Tax (as determined by Beats Music), Beats Music shall be solely responsible for the collection and remittance of any and all applicable U.S. Sales Tax. To the extent that Beats Music has a legal obligation to collect any U.S. Sales Tax, any U.S. Sales Tax collected by Beats Music will not be placed into your account, but will be remitted to the appropriate government authority or authorities in accordance with the applicable tax law and regulations. Beats Music is not responsible for the collection and remittance of any Other Sales Tax. You will be solely responsible for the collection and remittance of (i) any Sales Tax imposed on your sale or licensing of Digital Products to Beats Music and (ii) any Other Sales Taxes imposed on the sale of any Digital Products by Beats Music acting as your agent. Except for taxes or fees passed on to the customer, (e.g., import duties or taxes owed by the customer in certain foreign jurisdictions), you agree to reimburse us for any amounts Beats Music has paid, or, alternatively, we will deduct such amounts from the Payment Obligation, at Beats Music’s discretion.

        5.6.         Third Party Licensing Fees.

We are not responsible for clearing rights or licensing your Digital Products, and we do not deduct or reserve fees to account for such payments unless they are imposed upon us or we reasonably determine you will not pay them. Beats Music may be required to pay third party licensing fees, such as MP3 licensing fees to Thomson for digital distribution using the MP3 format, or other similar fees. We will deduct the actual cost of any such fees from the Payment Obligation. You are responsible for securing all rights in your Digital Products and paying the appropriate royalties (if any) to others, e.g. ASCAP/BMI, Harry Fox, etc.

        5.7.         Fraudulent Activity.

We are not obligated to pay you any amounts that are connected with any activities deemed fraudulent or criminal. We will determine, at our reasonable discretion, the existence or possibility of fraud or criminal activity, and we may make any inquiries and investigations we deem appropriate. Beats Music may deduct from the Payment Obligation any amounts attributable to Chargebacks (a “Chargeback” is a refund that occurs when a credit card processor or bank revokes a prior transaction, which may be done for such reasons as fraud, suspected fraud, or customer complaint), orders which Beats Music determines to be fraudulent or criminal, or orders fulfilled upon receipt of a valid merchant bank payment authorization that is subsequently suppressed and cancelled prior to settlement by Beats Music or the bank.

        5.8.         Our Right to Suspend Payments.

We strive to treat customers fairly, so if we receive significant numbers of complaints about your Digital Product quality, or other unusual circumstances, we may notify you and suspend access to your Artistlink Account and/or withhold a reserve or suspend payments to you until you have resolved those issues. If those circumstances are not quickly resolved, we may refund some payments to your customers (even if your user terms or other applicable agreement with your customers provides otherwise). We also respect intellectual property rights and we know you do too. If we receive claims, demands, lawsuits, subpoenas or inquiries from others, we will notify you and may suspend payments to you until you have demonstrated to our reasonable satisfaction that you have secured and paid for all rights necessary to distribute and sell your Digital Products. We will withhold payments until the issues are resolved, at which time we shall promptly remit such funds and interest to you. We will not release those payments to any third party unless a court orders us to do so or you instruct us to do so.

  1. License

Subject to your strict compliance with our Artistlink Policies, Beats Music grants you a limited, revocable, non-exclusive, non-assignable and non-transferable right and license to access and make personal use of the Artistlink Platform. The Artistlink Platform is licensed, not sold, to you. Beats Music does not transfer and, as between you and Beats Music, retains ownership of all right, title and interest in the Artistlink Platform, including without limitation, all its intellectual property rights. This license does not grant you any rights to use the Beats Music trademarks, service marks, trade names, logos, domain names, or any other of its intellectual property rights without prior written consent from Beats Music.

In addition, YOU MAY NOT:

  1. Remove any trademark, copyright and any proprietary notices or labels contained in any content or information (excluding Your Submission defined in Section 8 below) provided on or through the Artistlink;
  2. Use any of Beats Music’s intellectual property without prior written consent from Beats Music;
  3. Copy, rip or capture, or attempt to copy, rip or capture, any part of the Artistlink Platform;
  4. Impersonate any person or entity in a manner that does or is intended to mislead, deceive, or confuse others;
  5. Misrepresent your affiliation with any person or entity;
  6. Attempt to sell or buy Artistlink Accounts, Artistlink Account names, or Artistlink Account passwords;
  7. Attempt, in any manner, to obtain the password, account, or other security information from any other user;
  8. Violate the security of any computer network, or crack any passwords or security encryption codes;
  9. Run Maillist, Listserv, any form of auto-responder or “spam” on the Artistlink Platform, or any processes that run or are activated while you are not logged into the Artistlink Platform (including by placing an unreasonable load on the Artistlink Platform infrastructure);
  10. “Crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Artistlink Platform or Content (defined below in Section 8);
  11. Copy or store any significant portion of Content;
  12. Frame or link to any content or part of the Artistlink Platform with Beats Music’s express prior written consent;
  13. Modify, translate, reverse engineer, decompile, disassemble, tamper with, create derivative works of, sell, rent, lease, publish, transfer, distribute, broadcast, publicly display, assign, or otherwise exploit any content, elements, or materials on or through the Artistlink Platform;
  14. Use the Artistlink Platform for ANY illegal purpose, including without limitation, using the Artistlink Platform to violate any legal right of any third party;
  15. Use the Artistlink Platform in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protect by any intellectual property laws of any jurisdiction;
  16. Use the Artistlink Platform to invade the privacy of or obtain personal information about any Artistlink user (including any publicity, privacy, copyright or other intellectual property right);
  17. Use the Artistlink Platform to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable;
  18. Copy, modify, erase, or damage any information contained on computer servers used or controlled by Beats Music or any third party or third party’s services used in connection with and/or provided through the Artistlink Platform;
  19. Use the Artistlink Platform to use any data mining, robots, or similar data gathering and/or extraction tools in connection with the Artistlink Platform;
  20. Use the Artistlink Platform to post or transmit any unsolicited advertising or promotional materials without the prior written express consent of Beats Music;
  21. Access or use any password-protected, secure, or non-public areas of the Artistlink Platform without the prior written express consent of Beats Music (unauthorized individuals attempting to access these areas of the Artistlink Platform may be subject to prosecution);
  22. Use any automated means to access or use the Artistlink Platform (including scripts, “bots,” or similar software); or
  23. Modify, translate, reverse engineer, reproduce, decompile, use, disassemble, or otherwise gain unauthorized access to or attempt to gain unauthorized access to any code, private key, or dev key (as that term is generally understood within the industry) associated with the Artistlink Platform.

This license is conditional on your strict compliance with all of our Artistlink Policies. You acknowledge and agree to abide by our Artistlink Policies. You acknowledge that any unauthorized copying and any unauthorized use of the Artistlink Platform is strictly prohibited. Any unauthorized copying and use of the Artistlink Platform is a violation of these Artistlink Terms of Use.

  1. Proprietary Rights of Beats Music

You agree and acknowledge that Beats Music and its licensors owns and retains all right, title and interest in its data, information, and content (excluding Your Submission, as defined in Section 8 below) on or through the Artistlink Platform, including without limitation, all associated copyright, trademark, patent, and trade secret rights. Content (defined below in Section 8) served by Beats Music or third parties directly on or through the Artistlink Platform is the property either of Beats Music or its licensors, partners, and/or advertisers. Other than as expressly provided herein, these Artistlink Terms of Use gives you no express or implied license to Beats Music Content or any content owned by someone other than you, including without limitation, any right to use, sell, rent, copy, distribute, broadcast, modify, perform, or publicly display any Beats Music Content or any other content that is owned by someone other than you.  

Beats Music retains all of the legal rights to control the Artistlink Platform. This means that Beats Music has the absolute right, at its sole discretion, to unilaterally delete anything that is posted on and through any part of the Artistlink Platform. Further, Beats Music retains the right to reclaim any username for any or no reason. Beats Music recognizes that you have significant power and control regarding what you post on the Artistlink Platform. Despite retaining total legal control in the Artistlink Platform, Beats Music has neither the ability nor desire to monitor all posts at all times. And, even if we become aware of a particular post, we may not remove the post when others think that it should be removed. As such, Beats Music assumes no obligation to monitor or control Your Submission (defined below in Section 8) and/or Trademarks (defined below in Section 8) and any other content posted by users. You are solely responsible for Your Submission and/or Trademarks that you provide on and/or make available through the Artistlink Platform. Beats Music is not responsible or liable for the accuracy and opinions of what you and other users post on the Artistlink Platform. We are not liable for any errors, omissions, losses, or damages in and/or to Your Submission and/or Trademarks. To the extent permissible by law, Beats Music is not liable for any of Your Submission and/or Trademarks or any Content, trademarks, and submissions posted or otherwise made available on or through the Artistlink Platform by other users.

8.        Content and Your Submission

  1.          Content

Content” means the materials displayed or performed or available on or through the Artistlink Platform, including without limitation, photos, text, graphics, data, articles, images, and illustrations.

You promise to abide by all applicable copyright notices, trademark rules, information, and restrictions contained in any Content you access on or through the Artistlink Platform. You promise to NOT use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any Content not owned by you: (i) without the prior written consent of the owner of that Content, or (ii) in a way that violates someone else’s (including Beats Music’s) rights.

8.2.         Your Grant of Licenses

Your Public Submission” or “You Private Submission” (collectively, “Your Submission”) means anything you upload, post, share, store, or otherwise provide through the Artistlink Platform.

Your Public Submission” means Your Submission that you share publicly on the Artistlink Platform and/or in a manner that more than just you can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Artistlink Platform.

Your Private Submission” means Your Submission that you choose to make viewable only to you and not to others.

Your Grant of License For Digital Products”:

Beats Music will not have any ownership rights in your Digital Products or Artwork (defined below). We need only the following license to resell your Digital Products: you hereby grant to Beats Music for as long as you are using the Artistlink Platform, a worldwide, non-exclusive, royalty-free right to (i) use, display, perform, publish, and reproduce your Digital Products along with all artistic or copyrightable works and materials you have uploaded through the Artistlink Platform (“Artwork”) on your behalf; (ii) stream, transmit, feature, promote, market, or otherwise sell and distribute the Digital Products and Artwork to customers on or through the Artistlink Platform; (iii) use and publicly display, and to permit others to use and publicly display, the name(s), trademarks, likeness, biographical materials and similar proprietary rights of you and all other members of your band or group, in connection with the Artistlink Platform (but we shall not use your names or likenesses in any other context without your consent), and (iv) use all other information you provide to us.

Your Grant of License For Your Submission:

By posting, displaying, uploading, and/or making available Your Submission on or through the Artistlink Platform, you grant to Beats Music, its affiliates (including third party developers), and its successors a perpetual, worldwide, non-exclusive, irrevocable, royalty-free license to use, host, stream, playback, transcode, market, sell, distribute, feature, post, reproduce, copy, repost, transmit, make derivative works of, make available, publicly perform, publicly display, or otherwise distribute in connection with the Artistlink Platform and its operations. This may occur after you suspend or terminate your account. You agree that it may not be possible to completely delete Your Submission from our records, and that Your Submission may remain viewable elsewhere to the extent that they were copied or stored by other users.

In addition to the foregoing paragraph, Your Grant of Licenses to Beats Music includes a license to make Your Private Submission accessible to you and to provide the Artistlink Platform services necessary to do so. Further, Your Grant of License includes a license to Beats Music to display, perform, and distribute Your Public Submission for the purpose of making Your Public Submission accessible to all users and providing the Artistlink Platform services necessary to do so, as well as all other rights necessary to use and exercise all rights in Your Public Submission in connection with the Artistlink Platform. Also, you grant all other users of the Artistlink Platform a license to access Your Public Submission, and to use, download, and exercise the limited rights granted to Your Public Submission, as permitted by the functionality of the Artistlink Platform.

You further grant Beats Music the worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable right to use, reproduce, copy, and display your trademarks, service marks, slogans, logos, or similar proprietary rights (collectively, the “Trademarks”) solely in connection with the Artistlink Platform. This may occur after you suspend or terminate your account.

 

You understand and agree that Beats Music, in performing the required technical steps to provide the Artistlink Platform to our users (including you), may need to make changes to Your Submission to conform and adapt Your Submission to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

  1. Your Representations and Warranties

You acknowledge and agree that you, and not Beats Music, will have the burden of proving that all of Your Submission, Artwork, Digital Products, and Trademarks that you make available through the Artistlink Platform (collectively, the “Your Materials”) does not violate any laws, including without limitation, infringing any and all rights of any and all third parties. You will ensure that you comply with any third party requirements based on the use of Your Materials, including payment of any money owed to those third parties (such as royalties). Beats Music does not claim any ownership rights in Your Materials. Beats Music is not liable, in any way, for any of Your Materials.

You represent and warrant that: 

  1. you own or have obtained all rights, licenses, and permissions necessary to use and authorize Beats Music to use in Your Materials; 
  2. You own, control, or have all licenses, rights, consents, and permissions to use and authorize Beats Music to use each and every image and sound contained or embodied in the Digital Products or the Artworks to enable use, display, and distribution of the Digital Products and Artwork through the Artistlink Platform;
  3. you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in Your Materials;
  4. you have permission to use the name and likeness of each identifiable individual person whose name or likeness is contained or used within any and/or all of Your Materials, and to use such individual’s identifying or personal information (to the extent such information is used or contained in any and/or all of Your Materials) as contemplated by these Artistlink Terms of Use;
  5. you are authorized to grant all of the aforementioned rights to Your Materials to Beats Music and all users of the Artistlink Platform;
  6. you will perform your obligations hereunder in compliance with any applicable laws, rules, and regulations of any governmental authority having jurisdiction over such performance; 
  7. you will not knowingly collect personal information from children 13 years of age or younger, and if you become aware that you have inadvertently collected the personal information of a child 13 years of age or younger, you will immediately delete such information;
  8. the use, sale, promotion, distribution, or other exploitation of Your Materials by Beats Music and/or by users of the Artistlink Platform as contemplated by these Artistlink Terms of Use will not infringe or violate the rights of any third party, including without limitation, any privacy rights, publicity rights, contract rights, copyrights, or any other intellectual property or proprietary rights.

  1. Intellectual Property

You may not upload, download, or encourage others to upload or download copyrighted works, trademarks, or other proprietary information without obtaining the prior written consent of the owner of the rights. In the event a user repeatedly infringes a copyright, Beats Music may at its own discretion, cancel the user's rights to use the Artistlink Platform. If you are a copyright or trademark owner who believes that your rights have been violated on the Artistlink Platform, please send a notice to our Copyright Agent pursuant to 17 USC §512. Such notice should contain an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work, a description of the copyrighted work that you claim has been infringed, a description of where the infringing material is located, your address, telephone number, and email address, and a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner nor any entity authorized to act on the copyright owner’s behalf. Beats Music’s Copyright Agent can be contacted at copyright@beatsmusic.com.

Our agent for notice of alleged copyright infringement on an Application is:

Copyright Agent

Beats Music, LLC

555 19th Street

San Francisco, CA 94417

United States of America

copyright@beatsmusic.com

Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to the Service must be a written communication addressed to a designated agent as set forth above, and must include substantially all of the following:

  1. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed upon;
  2. Identification of the copyrighted work claimed to have been infringed upon, or if multiple copyrighted works are covered by a single notification, a representative list of such works claimed to have been infringed upon;
  3. Information related to the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient for Beats Music to promptly locate the material (e.g. title of work, location within the Service, etc.);
  4. Information reasonably sufficient to permit Beats Music to directly contact the complaining party, such as an address, telephone number, and if available, an email address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  1. Cancellation

You may cancel your Artistlink Account at any time. For assistance, contact Beat Music through support.artistlink.com. You agree that Beats Music, at its sole discretion, with or without prior notice, may freeze or cancel your username, password, or use of the Artistlink Platform (any part thereof) for any reason, including without limitation, if Beats Music believes that you have violated or acted inconsistently with any portion of any of the Artistlink Policies in any way. In addition, Beats Music may, in its sole discretion and at any time, modify or discontinue the Artistlink Platform, or any part thereof, with or without notice. You agree that Beats Music shall NOT be liable to you or any third party for any interference with or termination of your access to the Artistlink Platform.

Artistlink Account termination or cancellation may result in the destruction of any Content (which may include Your Submission) associated with your Artistlink Account, so keep that in mind before you decide to cancel your Artistlink Account. We will try to provide advance notice to you prior to terminating your Artistlink Account so that you are able to retrieve any of Your Submission that you may have stored in your Artistlink Account (to the extent allowed by law and these Artistlink Terms of Use), but we may not do so if we determine, in our sole discretion, that it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Beats Music.

If you have deleted your account by mistake, contact us and we will try to help, but unfortunately we cannot promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Artistlink Terms of Use shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

  1. Customer Service

You understand and agree that Beats Music is responsible for all customer service, help, and account issues related to your Artistlink Account. You agree not to direct any questions, requests for assistance, or inquiries about the Artistlink Platform to your ISP or to any third party website.  For assistance, please visit support.artistlink.com. 

  1. Technology Limitations and Modifications

Beats Music will make reasonable efforts to keep your account and the Artistlink Platform operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We will make reasonable efforts to notify you at least twenty-four (24) hours in advance of any downtime that we anticipate will exceed one (1) hour.

We also reserve the right at any time to modify, change, and discontinue, temporarily or permanently, any and all functions and features of the Artistlink Platform with or without notice. Access to the basic Artistlink service on or through the Artistlink Platform is currently free, but we reserve the right, in the future, to charge for certain or all services available on or through the Artistlink Platform. We will notify you before any service you are then using begins to carry a fee, and if you wish to continue using such service, you must pay all applicable fees for such service. You may be required to pay a subscription fee in order to take advantage of some premium features of the Artistlink Platform. All amounts paid are non-refundable, except where and to the extent required by law.

Unless expressly stated, the use of the Artistlink Platform after any change or modification thereto will be subject to these Artistlink Terms of Use. We shall not be liable to you or to any third party for any direct or indirect consequences of any modification, malfunction, suspension, discontinuance of, or interruption to and/or of any part of the Artistlink Platform.

In addition, Beats Music reserves the right to change, modify, suspend, discontinue, or update any part of these Artistlink Terms of Use or any part of its other Artistlink Policies at its sole discretion and at any time without notice. If we make any material change(s) to these Artistlink Terms of Use, we will post a notice on the Artistlink website, and we will use reasonable efforts to notify you via email at the email address listed in your Artistlink Account. Your acceptance of these Artistlink Terms of Use means that you give consent to Beats Music to email you with notices concerning a material change in the Artistlink Policies, the Artistlink Platform itself, and/or any billing plan of the Artistlink Platform. YOUR ACCEPTANCE OF THE ARTISTLINK POLICIES MEANS THAT YOU GIVE CONSENT TO BEATS MUSIC TO EMAIL YOU WITH NOTICES CONCERNING A MATERIAL CHANGE IN THE TERMS OF THE ARTISTLINK POLICIES, THE ARTISTLINK PLATFORM, OR SERVICE TO WHICH YOU HAVE SUBSCRIBED OR REGISTERED.

Any additional and/or different terms to these Artistlink Terms of Use will be effective upon being posted on the Artistlink Platform. By continuing to access and use the Artistlink Platform after any changes to these Artistlink Terms of Use, you agree to be bound by the revised and current Artistlink Terms of Use.

  1. Security

We take the security of your personal information very seriously. However, you are responsible for all of the information that you submit through the Artistlink Platform and anything you communicate and comment on through the Artistlink Platform. You are solely and entirely responsible for maintaining the confidentiality of your password, and for any and all activities that occur under your account. Your password protects your user account so make sure it is unique and strong.

If you need to change your password, it is your responsibility to change it through your Artistlink Account Settings or by contacting us through support.artistlink.com. If you have lost your password or if you suspect that somebody has stolen your password or is using your password improperly or otherwise accessing your account with Beats Music, you should contact us through support.artistlink.com for assistance.

While we take reasonable precautions, no security measures are completely secure. Therefore, we do not guarantee the security of any information on or within the Artistlink Platform at any time. For any additional information about our security measures, please contact us at policies@beatsmusic.com.

  1. Warranty

WITHOUT LIMITING ANY PROVISION HEREIN, THE ARTISTLINK PLATFORM IS MADE AVAILABLE “AS IS” AND ON AN “AS AVAILABLE” BASIS AND BEATS MUSIC MAKES NO AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES, AND REPRESENTATIONS (COLLECTIVELY, “WARRANTIES”) WITH RESPECT TO THE SUBJECT MATTER HEREOF, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUALITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

BEATS MUSIC MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE ARTISTLINK PLATFORM WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, BUGS, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND BEATS MUSIC DISCLAIMS ANY LIABILITY RELATING THERETO.

BEATS MUSIC MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE ARTISTLINK PLATFORM WILL BE ACCURATE, TIMELY, RELIABLE, UNINTERRUPTED, OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, BEATS MUSIC MAY MODIFY, SUSPEND, OR DISCONTINUE ANY PART OR ALL OF THE ARTISTLINK PLATFORM OR YOUR USE OF THE ARTISTLINK PLATFORM. IN SUCH EVENT, BEATS MUSIC WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.

YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT, OR OTHER OBJECTIONABLE CONTENT OR SUBMISSION WHEN USING THE SERVICE. BEATS MUSIC WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT OR YOUR SUBMISSIONS.

SOME OF THE CONTENT, PRODUCTS, SUBMISSION, AND SERVICES AVAILABLE THROUGH THE ARTISTLINK PLATFORM MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT BEATS MUSIC ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS, YOUR SUBMISSION, OR SERVICES.

CERTAIN STATE LAWS DO NOT ALLOW DISCLAIMERS OF OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

  1. Limitation of Liability

THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE ARTISTLINK PLATFORM REMAINS WITH YOU. EXCEPT FOR THE ANY APPLICABLE LIABILITIES OR REMEDIES THAT CANNOT BE EXCLUDED UNDER LOCAL APPLICABLE LAWS, IN NO EVENT AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL BEATS MUSIC, ITS LICENSORS, ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR AFFILIATES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, AND PUNITIVE DAMAGES OF ANY KIND, OR OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS ARISING OUT OF: (A) ANY PORTION OR ALL OF THE ARTISTLINK POLICIES, (B) ANY MATTER BEYOND OUR REASONABLE CONTROL, AND/OR (C) THE USE OR INABILITY TO USE ANY ARTISTLINK PLATFORM, EVEN IF BEATS MUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BEATS MUSIC OR ANY OF OUR LICENSORS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO ARTISTLINK IN CONNECTION WITH THE ARTISTLINK SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM. BEATS MUSIC’S LICENSORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE ARTISTLINK TERMS OF USE, AND SHALL HAVE THE RIGHT TO ENFORCE THESE TERMS OF USE AGAINST YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITAION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

  1. Indemnification

To the fullest extent allowed by applicable law, you agree to indemnify and hold Beats Music (including its officers, shareholders, directors, agents, partners, and employees), its subsidiaries, and affiliates, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees made due to or arising out of your misuse of the Artistlink Platform and/or breach of these Artistlink Terms of Use and/or any of our Artistlink Policies. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the claim to the contact information we have for your Artistlink Account, provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder.

  1. Export Control

You may use the Artistlink Platform only as permitted by law. You acknowledge and agree that you will comply with all relevant and applicable export and re-export control laws, including the U.S. Export Administration Regulations. You warrant that you are not located in a country that the U.S. Government has embargoed goods. Further, you warrant that you are not listed as a restricted or denied party on any U.S. Government list, including without limitation, the U.S. Commerce Department’s Denied Parties List or Entity List.

  1. Assignment

You may not assign, delegate, or transfer these Artistlink Terms of Use, your rights or obligations hereunder, or your Artistlink Account, in any way (by operation of law or otherwise) without Beats Music’s prior written consent. We may transfer, assign, or delegate these Artistlink Terms of Use, any of our other Artistlink Policies, and our rights and obligations without consent.

  1. Governing Law; Jurisdiction

The Artistlink Policies, including these Artistlink Terms of Use, will be is governed by, and will be construed under, the laws of the United States of America and the laws of the State of California. All disputes arising out of or related to your use of the Artistlink Platform shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California and you agree to submit to the personal jurisdiction and venue of such courts. 

  1. Third Parties

Third parties and other third party app store providers are not parties to these Artistlink Terms of Use.

  1. Contact Us

If you have any questions about these Artistlink Terms of Use, contact us at policies@beatsmusic.com.