Terms of Use 

Last Updated March 10, 2014

1. Introduction

Beats Music, LLC ("Beats Music", "we", "our", "us") makes its Beats Music APIs available subject to this Beats Music APIs Terms of Use ("Beats Music API Terms"). Under these Beats Music APIs Terms, the Beats Music APIs and Marks may be used solely for the non-commercial purposes of developing software and web applications that integrate the Beats Music Service (“Applications”).  Beats Music Service is currently available in the United States and other territories in which Beats Music has commercially launched. Only current Beats Music subscribers will be able to stream music through the Applications. These Beats Music APIs Terms govern your use of the Beats Music APIs and Marks.

These Beats Music APIs Terms are in addition to your agreement to our Terms of Use, Privacy Policy, Payment Terms, and Gift Card Terms (collectively, the "Policies"). You can find our Terms of Use, Privacy Policy, Payment Terms, and Gift Card Terms at beatsmusic.com/legal In the event that any sections in the Beats Music Terms of Use, Privacy Policy, Payment Terms, and Gift Card Terms conflict with these Beats Music APIs Terms, these Beats Music APIs Terms shall govern. By agreeing to our Beats Music APIs Terms of Use, accessing the Beats Music APIs and using the Beats Music APIs and Marks, you are: (i) representing that you are of legal age to enter into a legally binding agreement; and (ii) agreeing to these Beats Music APIs Terms, which is a legally binding agreement between you and Beats Music. If at any time you do not agree with our current, posted Policies (including these Beats Music APIs Terms), then you must immediately stop using the Service, Beats Music APIs, and Marks. Beats Music reserves the right to disable, at any time and at its sole discretion, your access to any Beats Music API tokens that violate for any or no reason.

2. Definitions

Any undefined capitalized terms used in these Beats Music APIs Terms shall have the same meanings set forth in our Terms of Use.

1. "Application" means the definition set forth in Section 1 of these Beats Music APIs Terms.

2. "Beats Music APIs" means the interfaces and documentation for the Beats Music Service.

3. "Beats Music Marks" or "Marks" means the trade names, trademarks, service marks, logos, domain names, copyright, distinctive brand features, and other intellectual property of Beats Music.

4. "Beats Music Service" or "Service" means any version of the Beats Music website, application, software, data, and Content of any kind served through the software or accessed via any website or application owned or controlled by Beats Music.

5. "Content" means data/or information (or something similar) that Beats Music provides via the Beats Music APIs, including without limitation, artwork, bios, text, video, audio, and pictures. Certain Content is provided by third party licensors of Beats Music.

6. "Policies" means the Beats Music APIs Terms, Beats Music Terms of Use, Beats Music Privacy Policy, Beats Music Payment Terms, and Beats Music Gift Card Terms.

3. Accounts

To access and use the Beats Music APIs and Marks, you must create an account through Mashery, Inc. (“APIs Account”). You agree that all the information you provide Mashery Inc. and Beats Music will be true, accurate, current, and complete. Your failure to provide such information will constitute a breach of these Beats Music APIs Terms and may result in Beats Music, at its sole discretion, cancelling your access to the Beats Music APIs and your account with the Service. If your information changes, you must promptly update it through your APIs Account.

Beats Music may be required to provide certain information you provide us through your APIs Account to certain content providers and rights holders as a condition of our content licensing and royalty agreements.

4. Grant of License

Beats Music does not transfer and, as between you and Beats Music, retains ownership of all right, title and interest in the Beats Music APIs, Marks, and Service.

You may not sell, disclose, or give access to any part of the Beats Music APIs without our express written permission. You acknowledge that any unauthorized copying and any unauthorized use of the Beats Music APIs, Marks, and Service is strictly prohibited. Any unauthorized copying and use of the Beats Music APIs, Marks, and Service is a violation of the Policies.

(a) License for the Beats Music API

Subject to your strict compliance with the terms and conditions of our Policies, Beats Music hereby grants to you a revocable, personal, non-exclusive, non-transferable, non-sub licensable license solely for the purpose of accessing and using the Beats Music APIs solely for the purpose of developing software applications for non-commercial use. Only current Beats Music subscribers will be able to stream music through the Applications. The Beats Music APIs are licensed, not sold, to you.

(b) License for Beats Music Marks

Subject to your strict compliance with the terms and conditions of our Policies, Beats Music hereby grants to you a revocable, personal, non-exclusive, non-transferable, non-sub licensable license to the Beats Music Marks for non-commercial purposes and to comply with the Usage and Branding Guidelines set forth below.

5. Limitations on Licenses

You are responsible for your own use and/or conduct while using the Beats Music APIs, Marks, and Service. You are responsible for any consequences resulting from your use of and/or conduct while using the Beats Music APIs, Marks, and Service. You will use the Beats Music APIs, Service, and Beats Music Marks only for legal purposes. Further, you will use the Beats Music APIs, Marks, and Service for proper purposes that are in accordance with these Beats Music APIs Terms and any other Policies or guidelines provided by Beats Music from time to time.

Beats Music reserves the right to disable, at any time and at its sole discretion, your access to any Beats Music APIs for any or no reason.

You agree to follow the Usage and Branding Guidelines set forth below.

a. Usage Guidelines

In addition to the other restrictions contained in these Beats Music APIs Terms or our other Policies, you agree that when using the Beats Music API and Marks, you SHALL NOT do the following, attempt to do the following, or permit your end users or other third parties to do any of the following:

1. use the Beats Music APIs, Marks, and your Application(s) for any commercial purposes (including selling advertisements) without prior written consent from Beats Music.
2. use the Beats Music APIs to synchronize music with visual images that are not provided by Beats Music or through the Beats Music APIs (such as slideshows and videos).
3. use the Beats Music APIs to create any game, trivia, or slideshow Applications.
4. use the Beats Music APIs to create Applications that include user upload of audio and/or video content. 
5. use the Beats Music APIs to aggregate data and/or any Content to create databases or compilations.
6. use the Beats Music APIs and Marks in any way that promotes, conducts, or contributes to obscene, fraudulent, illegal, and/or pornographic activities
7. use the Beats Music APIs to fraudulently play Content for the purpose of increasing the popularity of any Content.
8. use the Beats Music APIs to misrepresent the popularity of an artist or any other musical Content.
9. use the Beats Music APIs to send notifications to end users for the specific purpose of harassing an artist or to market products and services to Beats Music end users.
10. use the Beats Music APIs and your Application(s) to imply any kind of endorsement to a product, person, entity, artist, record label, or service.
11. feature your Application(s) solely to one artist, record label, or type of Content.
12. locally store, cache, and/or aggregate any data, including audio content, obtained through the Beats Music APIs.
13. remove any trademark, copyright, and any proprietary notices or labels contained in any Content (or something similar) or information provided on or through the Service.
14. reverse assemble, decompile object code, reverse engineer or otherwise attempt to derive source code or the underlying ideas, algorithms, structure, or organization of the Beats Music APIs and Service.
15. modify, make unauthorized copies of, or create any derivative works from, the Beats Music APIs or the Service;
16. sue or otherwise assert proprietary rights against Beats Music for contributory infringement, unless Beats Music had actual knowledge of such infringement, in regards to any third party derivative work(s) created using the Beats Music APIs and Marks.
17. impersonate any person or entity in a manner that does or is intended to mislead, deceive, or confuse others.
18. misrepresent your affiliation with any person or entity.
19. sell or attempt to sell the Beats Music APIs or Service.
20. use the Beats Music APIs for any illegal purpose, including without limitation, using the Beats Music APIs to violate any legal right of any third party.
21. use the Service, Marks, and Beats Music APIs 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.
22. use the Beats Music APIs to invade the privacy of or obtain personal information about any Beats Music end user (including any publicity, privacy, copyright or other intellectual property right). 
23. Any use, modification or distribution of the Beats Music SDK provided on Github is subject to this Beats Music API Terms of Use, and for purposes of these Beats Music API Terms of Use the Beats Music SDK is a "Beats Music API."

b. Branding Guidelines

Naming: It must be made clear that you developed your Application, not Beats Music.  “Beats”,“Beats Music™”, and "The Sentence™" cannot be the first words in the name of your Application. You may only use the following references to Beats Music:

• “works with Beats Music™”
• “uses Beats Music™”
• “for Beats Music™” 

Attribution: You must use the logo and/or word mark of Beats Music on all pages that contain Beats Music or third party Content, such as any streaming music. Below are links that contain logo files that must be used.

In addition, you must attribute all playlists to Beats Music. The following attribution will suffice:

• “This playlist was originally created for Beats Music listeners”

You must follow the Beats Music Brand Guidelines included in the downloadable graphics (in the .zip file). You may not alter or modify (such as changing the color, size, or design) the Beats Music Marks. The Beats Music Marks cannot be used in conjunction with other brands or logos.

6. Monitoring your Use

You agree to provide us with access to your Application and/or other materials related to your use of the Beats Music APIs and Marks to verify your compliance with these Beats Music APIs Terms. You agree to not block or interfere with such efforts by Beats Music.

7. Your Grant of License to Beats Music

You hereby grant Beats Music a limited, non-exclusive license to perform, promote, display, and make available your Application(s) on the Beats Music website and/or through any other part of the Service without your prior written consent.

8. Confidentiality

You may be given access to non-public information, software, and documentations relating to the Beats Music APIs and Marks (“Confidential Information”). You may not disclose any of this Confidential Information to any third party without Beats Music’s prior written consent. You agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.

9. Fees and Payment

Beats Music is committed to providing you free and open access to the Beats Music API for non-commercial purposes. However, there are real costs to us in managing and developing the Beats Music APIs and Marks. For uses of the Beats Music APIs over a certain rate and/or for certain types of commercial applications, Beats Music reserves the right to charge fees for future use of or access to the Beats Music APIs and Marks. In any event, we will provide proper prior notice to you upon such change.

10. Changes to the Policies

Beats Music reserves the right to change, modify, suspend, discontinue, or update any part of these Beats Music APIs Terms or any part of our other Policies at our sole discretion and at any time. Any additional and/or different terms to these Beats Music APIs Terms will be effective upon being posted on the Service and through your API Account. By continuing to access and use the Beats Music APIs and Marks after any changes, you agree to be bound by the revised and current Beats Music APIs Terms. If, at any time, you disagree with the Beats Music APIs Terms, you must immediately discontinue your use of the Beats Music API and Marks.

11. Support

Beats Music may elect to provide you with support or modifications, in its sole discretion, and may terminate such support at any time without notice to you. Beats Music may change, suspend, or discontinue any and/or all aspect(s) of the Beats Music APIs and/or Beats Music Service at any time, including the availability thereof. Beats Music may also impose limits on certain features and services or restrict your access to parts or all of the Beats Music APIs and/or Beats Music Service without notice or liability.

12. Proprietary Rights

You agree and acknowledge that Beats Music or its Licensors owns and retains all right, title and interest in the Beats Music APIs, Content, Marks, and Service, including without limitation, all associated copyright, trademark, patent, and trade secret rights. All Beats Music Marks, including without limitation, trademarks, trade names, services marks, logotypes, and other commercial symbols as well as trade secrets, trade practices, copyrights, patents, manuals, operating practices and procedures, good will, and all other items tangible or intangible, used presently, or in the future are the assets of Beats Music and shall remain the exclusive property of Beats Music, and you acquire no interest therein. Content served by Beats Music or third party licensors directly on or through the Service is the property either of Beats Music or its third party licensors. Other than as expressly provided herein, these Beats Music APIs Terms gives you no express or implied license to use, sell, rent, copy, modify, transfer, display, and/or distribute the Beats Music APIs, Content, or any content owned by someone other than you. You agree not to interfere with or cause any third party to interfere with Beats Music’s intellectual property rights.

Notwithstanding anything to the contrary, you shall remain the owner to any software components you develop which do not themselves incorporate the Beats Music APIs, Marks, or any output of the Beats Music APIs.

13. Warranty

WITHOUT LIMITING ANY PROVISION HEREIN, THE SERVICE, MARKS, AND BEATS MUSIC APIS ARE 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 service and Beats Music APIs will be free from loss, destruction, damage, corruption, attack, viruses, 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 service and Beats Music APIs 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 service and/or Beats Music APIs (including your use of the Service, Marks, and/or Beats Music APIs. In such event, beats music will not be liable to you or any third party.

Some of the Content, products, and services available through the Service may include materials that belong to third parties. You acknowledge that Beats Music assumes no responsibility for such Content, products, 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.

14. Limitation of Liability

THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE SERVICE(S) REMAINS WITH YOU. EXCEPT FOR THE ANY APPLICABLE LIABILITIES OR REMEDIES THAT CANNOT BE EXCLUDED UNDER LOCAL APPLICABLE LAWS, IN NO EVENT SHALL BEATS MUSIC, ITS LICENSORS, ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION) DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE BEATS MUSIC APIS TERMS OR THE USE OR INABILITY TO USE ANY SERVICE AND THE BEATS MUSIC APIS, 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. BEATS MUSIC’S LICENSORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE TERMS OF USE, AND SHALL HAVE THE RIGHT TO ENFORCE THESE TERMS OF USE AGAINST YOU.

15. Indemnification

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 Beats Music APIs, Marks, Service, and/or breach of these Beats Music APIs Terms and/or any of our Policies.

16. Export Control

You may use the Beats Music APIs, Marks, and Service 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.

17. Governing Law; Jurisdiction

These Beats Music APIs Terms will be governed by and 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 Beats Music APIs, Service, and/or Marks 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. 

18. Dispute Resolution

a. Negotiation

Before initiating any arbitration, you and Beats Music agree to first attempt to negotiate any dispute, controversy, or claim excluding dispute or claims listed under this Section 18(c) (collectively, a “Dispute”) arising from the Policies or related to the Service informally for at least thirty (30) days.

In the event of a Dispute, you or Beats Music must give notice to the other party in writing. Such notice must set include the name, address, and contact information of the party giving it, the nature and basis giving rise to the claim or dispute, and the specific relief requested. You must send notices by U.S. Mail or overnight courier to Beats Music, LLC, Attn. Legal Department, 555 19th Street, San Francisco, CA 94117.

Beats Music will send any notice to you by mail, if we have your mailing address, or otherwise to your email address. You and Beats Music will attempt to resolve a Dispute through informal negotiation within thirty (30) days from the date the first notice is sent to the other party. After thirty (30) days, either you or Beats Music may commence arbitration.

b. Binding Arbitration

Any unresolved disputes arising under this Agreement shall be submitted to arbitration in the City, County, and State of California. Any dispute, except those listed in Section 18(c), where the total amount of the award sought is less than $10,000 will be resolved by binding arbitration solely between you and Beats Music. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association, provided that the parties and the arbitrator shall follow the Federal Rules of Civil Procedure in the taking of discovery and the submission of evidence. The award of the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction, provided that all judgments are subject to the limitation of liability provision set forth in Section 18, and the arbitrator shall have no power to issue an award in that is not subject to such terms. Any judgment in excess of the amounts as set forth in Section 14 shall be null and void in which case the parties consent to personal jurisdiction of, and venue in, the state and federal courts of San Francisco, California for the resolution of the action.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND BEATS MUSIC ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

c. Exceptions to Negotiations and Arbitration

You and Beats Music agree that the following claims and disputes are not subject to the above provisions concerning negotiations and binding arbitration: (i) any claims or disputes seeking to enforce or protect, or concerning the validity of, any of your or Beats Music’s intellectual property rights; and (ii) any claims or disputes related to allegations of theft, piracy, or unauthorized use of the Service.

Some of these provisions under this Section 18(c) may not apply to you; if you are living in a jurisdictions that does not allow for some of the dispute resolution provisions set forth in these Terms of Use, in lieu of arbitration either party may assert an individual action in small claims court for any Dispute that is within the scope of such courts' jurisdiction.

d. Class Action Waiver

You and Beats Music agree that no claim or dispute (including those in Section 18(c)) may be heard as a class action or as any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration may be combined with another without the prior written consent of all parties of such arbitration.

e. Severability

You and Beats Music agree that if any part of this Section 18, Dispute Resolution, is found illegal or unenforceable, then that portion of this Section 18 will be severed and the remainder of this section will be given full force and effect. If Section 18(c) above is found to be illegal or unenforceable then any such dispute will be exclusively decided by a court of competent jurisdiction within San Francisco, California, United States of America, and you and Beats Music agree to submit to the venue and personal jurisdiction of that court.

19. Third Parties

Except for certain third party sound recording licensors, third parties, such as AT&T® and other third party app store providers, are not parties to these Beats Music APIs Terms.

20. Contact Us

If you have any questions about these Beats Music APIs Terms, contact us at policies@beatsmusic.com.