This is an agreement between you and the entity providing Amazon Music to you, which may be, depending on your country of residence (your “Location”), Amazon.com Services LLC, Amazon.com.ca, Inc., Amazon Digital UK Ltd, Amazon Digital Germany GmbH, Amazon.com Sales, Inc., Amazon Seller Services Private Limited, Amazon Australia Services Inc., Amazon Commercial Services Pty Ltd, Servicios Comerciales Amazon México, S. de R.L. de C.V., Amazon Serviços de Varejo do Brasil Ltda., or one of their affiliates (“Amazon,” “we,” or “us”) and governs your use of the Amazon Music for Artists service (“Amazon Music for Artists ”). Before using Amazon Music for Artists , please read these Terms of Use, all related rules and policies (including any specific rules, usage restrictions, and other conditions or procedures that we post or update on or through Amazon Music for Artists or on any help or other informational page for Amazon Music for Artists ), the Privacy Notice, the Conditions of Use, and the Interest-Based Ads notices (collectively, the “Agreement”). The Agreement takes effect when you click an “I Accept” button or check box presented with these Terms of Use. You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity or individual, such as the company you work for or the artist you represent, you represent to us that you have legal authority to bind that entity or individual.
1. GENERAL DESCRIPTION
Amazon Music for Artists includes a variety of tools and features that allow artists and authorized artist representatives to gain insights into the artists’ fan bases and engage with their fans on services provided by Amazon Music (the “Services”).
2. ELIGIBILITY
2.1. To use Amazon Music for Artists , you must have an Amazon account and be (a) an artist or authorized representative of an artist whose content is provided to Amazon for distribution on the Services or (b) an authorized representative of an entity that has an existing agreement with Amazon to provide content to Amazon for distribution on the Services, and you acknowledge that you have entered into the Agreement in a professional or business capacity on an arm’s-length basis.
2.2. You may not use a false e-mail address, impersonate any person or entity, or otherwise provide any false or misleading information, including any information provided in establishing an account or provided as to the ownership of any Artist Content.
2.3. You may not share your Amazon username and password with others or use anyone else’s Amazon username and password. However, you may allow other persons approved by you to view your Fan Insights in their own Amazon Music for Artists accounts.
2.4. You are responsible for all communications and activities that occur in relation to Amazon Music for Artists which come from your computer or computer facilities, including your e-mail account and password.
2.5. We may share your contact information (including name, email address, and social media usernames) with third parties for verification and eligibility purposes and other individuals accessing your Fan Insights.
3. FAN INSIGHTS
3.1. We may provide you with access to data related to the distribution of your content on the Services (“Fan Insights”). You can only use Fan Insights for internal assessment and analysis and cannot share them with a third party, unless such third party agrees to these Terms of Use. However, Amazon may provide you with certain information (e.g. milestones you’ve reached in the Services) via ‘share cards’ that you may make publicly available.
3.2. Fan Insights are provided solely as an accommodation to you and we do not guarantee their accuracy. As such, they should not be relied upon to calculate any license fees or other amounts due to you as a result of the distribution of your content on the Services.
3.3. You will not use Fan Insights to attempt to derive data that is more detailed than the data provided (e.g. to determine personal information about an end user of the Services).
4. RIGHTS
4.1. Artist Content. You may use Amazon Music for Artists to submit materials (including, without limitation, images, artwork, videos and other audiovisual content)) that you own or are otherwise permitted to submit (“Artist Content”). You may not submit Artist Content that is illegal, obscene, threatening, defamatory, or otherwise contains any objectionable or inappropriate content, nor may you submit Artist Content that (a) injures or violates the rights of any third party, including privacy, publicity, copyright, trademark, patent, or other intellectual property rights or (b) would require us to pay royalties or any other fees to any third party for use of the Artist Content as permitted under the Agreement. You are responsible for and agree to pay any fees due with respect to Artist Content. You shall ensure that the Artist Content does not contain any advertisements, endorsements, sponsorships or commercial tie-ins. Submission to Amazon Music for Artists does not change your ownership of Artist Content.
4.2. License Grant. You grant to us a non-exclusive, sub-licensable, worldwide, perpetual, irrevocable, royalty-free right and license to use, reproduce, distribute, transmit, perform, modify, and display all Artist Content in any media and technology formats in connection with the Services and Amazon Music for Artists.
4.3. Suggestions. If you provide suggested improvements to Amazon Music for Artists (“Suggestions”) to us, we will be entitled to use Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to Suggestions and agree to provide us any assistance we require to document, perfect, and maintain our rights in Suggestions.
5. SECURITY AND DATA PRIVACY
5.1. No Reverse Engineering or Circumvention. You may not, and you will not encourage, assist, or authorize any other person to, modify, reverse engineer, circumvent, decompile, disassemble, dupe, or otherwise tamper with any part of Amazon Music for Artists.
5.2. No Bulk Data Collection. You may not, and you will not encourage, assist, or authorize any other person to “crawl” Amazon Music for Artists or otherwise use any data mining, scraping, or other data gathering tools to collect information from Amazon.
6. CHANGES AND SUSPENSION
6.1. Changes. We may change, suspend, or discontinue Amazon Music for Artists, or any part of it, at any time. From time to time, we may add features to or remove them from Amazon Music for Artists. There may be unusual circumstances where we may no longer be able to store or provide you access to particular features or Fan Insights.
6.2. Suspension and Termination by Us. Your rights under the Agreement will automatically terminate without notice if you fail to comply with its terms. We may terminate the Agreement or restrict, suspend, or terminate your use of Amazon Music for Artists at any time, including if we determine that your use violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, involves fraud or misuse of Amazon Music for Artists, or harms our interests or those of another user of Amazon Music for Artists. You may terminate the Agreement for any reason by closing your account. If your access to Amazon Music for Artists is restricted, suspended, or terminated, you may be unable to access Fan Insights. Following any suspension or termination we will retain the rights to Artist Content granted to us under the Agreement and clause 7 of these Terms of Use shall survive termination
7. DUE AUTHORITY AND INDEMNITIES
You represent and warrant that: (a) you have all the rights necessary to grant us the rights granted in the Agreement; (b) the materials you submit and our use of them as authorized by the Agreement (i) will not violate or infringe the privacy rights (including, without limitation, any rights under the UK and EU General Data Protection Regulation), publicity rights, intellectual property rights, or other rights of any third party, (ii) are not defamatory, illegal, or obscene, and (iii) will not require us to pay royalties or any other fees to any third party for use of such materials; and (c) all factual statements that you submit are accurate and not misleading. You agree to indemnify, defend and hold harmless Amazon and its directors, officers, employees, agents and assigns from all claims, liabilities, damages and expenses, including reasonable legal fees and expenses, arising out of or in connection with materials you submit, your breach of the Agreement or your representations or warranties, or from your improper, unauthorized or unlawful use of Amazon Music for Artists.
8. GENERAL
8.1. Amendments. We may amend the Agreement at any time by posting the revised terms on or through Amazon Music for Artists. Your continued use of Amazon Music for Artists after any amendment evidences your agreement to be bound by it.
8.2. Notices. We may communicate with you in connection with your use of Amazon Music for Artists electronically and in other media, and you consent to such communications regardless of any customer communication or similar preferences or requests you may have indicated on the Amazon.com web site or by any other means.
8.3. Copyright Notices. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the Notice and Procedure for Making Claims of Copyright Infringement specified in the Conditions of Use.
8.4. Entire Agreement; Severability. The Agreement constitutes the entire agreement between you and Amazon and governs your use of Amazon Music for Artists, superseding any prior agreements between you and Amazon. If any term or condition of the Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
