Tuesday, 7 June 2011

Google Music Terms of Service

I just got an invite to Google Music Beta =D Of course, I read through the entire terms and conditions before signing up (doesn't everyone?) They were quite interesting, so I've posted them here for your interest. Note at the bottom there is a section for "Gracenote", a music data provider which has partnered with Google for this enterprise. I wouldn't be surprised if Google acquires Gracenote (or a similar company) some time down the track. It's not often that Google licenses the core data set for one of their services from a third party.

Listed below is the Google Music Beta Terms of Service, current as of 7th June 2011.

Additional Terms of Service for Music Beta by Google

Last modified: May 10, 2011
Thank you for your interest in Music Beta by Google! By using Music Beta by Google ("Music Beta" or the "Service"), you accept and agree to be bound by the Google Terms of Service, the Google Privacy Policy, and theMusic Beta by Google Privacy Policy, each of which is incorporated into this agreement by this reference, as well as these Additional Terms of Service for Music Beta by Google (collectively, the "Terms"). It is important for you to read each of these documents, as they form a legal agreement regarding your use of the Service between you and Google Inc. ("Google") whose principal place of business is 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. This document explains how your agreement with Google is made up and sets out some of the terms of that agreement. Capitalized terms not otherwise defined in these Additional Terms have the meaning given to them in the Google Terms of Service.

The Music Beta Service and Your Music

Music Beta is a Service as defined in Section 1.1 of the Google Terms of Service and is provided to you for your personal, non-commercial use solely in connection with lawfully acquired music files from your personal collection that you choose to make available to yourself through the Service, including all data comprising, describing, or associated with each music file that you choose to upload, such as audio data, metadata, and album art for each selected file (whether referring to individual uploaded files or to your entire uploaded library, "Your Music"). Music Beta consists of (a) Google-provided server space that you can use for storage of Your Music, and (b) software applications and related web sites and services that allow you to upload, manage, access, and play back Your Music through a web browser or through any supported, Service-enabled device. To the extent that you use the Music Application for Android devices in conjunction with Music Beta, those uses are governed by the Terms, including these Additional Terms.

Trial Service Availability and Limitations

Music Beta is a trial or "beta" Service from Google that requires you to register with your new or existing Google account. It is available free for a limited time to residents of the United States (including its territories and protectorates) who have received an invitation from Google and accept the invitation by signing into their Google account to register for use of the Service. As a beta Service, certain limits on storage or usage may apply; these limits may be set or changed by Google at any time, at Google's discretion, and you agree that you will not attempt to obstruct or prevent the application of those Service limits at any time, or to manipulate your usage of the Service to avoid or circumvent them. You can find more information about applicable Service limits through the Music Beta Help Center.

Third Party Fees

Music Beta is available without charge from Google; however, you may incur access or data fees from third parties (such as your internet provider or mobile carrier) in connection with your use of the Service. You are responsible for all such third-party charges for your use of Music Beta on or through third party services and devices.

Privacy and Your Personal Information

Section 7 of the Google Terms of Service governing Music Beta by Google is replaced in its entirety by the following:
7.1 For information about Google's data protection practices, please read the Music Beta by Google Privacy Policy at http://music.google.com/about/privacy.html. This policy explains how Google treats your personal information, and protects your privacy, when you use the Service.
7.2 You agree to the use of your data in accordance with Google's privacy policies.

Your Permissions and Instructions to Google

Section 11 of the Google Terms of Service governing Music Beta by Google is replaced in its entirety by the following:
11.1 You retain any rights you already hold in Your Music. You acknowledge and agree that you are solely responsible for your own conduct and Content (including Your Music) while using the Service and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper, and in accordance with these Terms, and that by using the Service you are requesting that Google make all of the necessary functions and features of the Service available to you in order to facilitate your use of Your Music according to the Terms. Without limiting the generality of this overall permission and instruction, you specifically agree that you are instructing Google to perform the functions described in Sections 11.2, 11.3, and 11.4 below.
11.2 By uploading or submitting Your Music to or through the Service, you are directing Google to store a unique copy of Your Music on your behalf and to make it accessible to you through the use of your login credentials.
11.3 By accessing, managing, playing back, displaying, or using all or any part of Your Music on or through the Service, you are directing Google to initiate and perform the corresponding functions on your behalf, together with any related steps necessary to achieve them, through the Service.
11.4 You understand that Google, in performing the required technical steps to provide you with the Service as described in the Terms, may (a) transmit Your Music over various public networks and in various media; and (b) make such changes to Your Music as are necessary to conform and adapt it to the technical requirements of connecting networks, devices, services, or media. You agree that in each such instance, your use of the Service includes a direction to Google to take these actions on your behalf.
11.5 You confirm and warrant to Google that you have all the rights, power and authority to grant any permissions and give any instructions to Google that may be required to perform the actions necessary to provide you with the Service. You agree that you will not upload, submit, access, manage, play back, display or use any Content (including any portion of Your Music), or direct Google to do anything with Your Music on your behalf, unless you have all of the necessary rights to do so without infringing the rights of any third party or violating any laws or agreements that apply to you, the Content, or Your Music.

Copyright Notices

It is Google's policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. Details of Google's policy can be found at http://www.google.com/dmca.html.

Third Party Software

To the extent that Music Beta includes components governed by third party or open source licenses with provisions inconsistent with the Terms, those components are instead governed solely by the applicable third party or open source licenses. Information regarding those licenses (except for software provided by Gracenote, Inc., for which the terms are included at the end of this agreement) can be obtained at the following location:http://music.google.com/about/thirdparty.html.

Acceptance of Terms

You accept the Terms either by clicking to accept the Additional Terms presented to you when you first access the Service or by using Music Beta by Google. Your continued use of the Service constitutes your consent to the Terms (as may be modified from time to time, in whole or in part, with or without notice). It is your responsibility to review the Additional Terms regularly for updates. If you do not agree to the Terms, you may not use the Service.
You can review, print or save a copy of these Additional Terms of Service for Music Beta by Google (and navigate to other links referenced in the Additional Terms) by visiting the Additional Terms web page at:http://music.google.com/about/terms.html.

Gracenote Software

This application or device may contain software from Gracenote, Inc. of Emeryville, California ("Gracenote"). The software from Gracenote (the "Gracenote Software") enables this application to perform disc and/or file identification and obtain music-related information ("Gracenote Data") from online servers or embedded databases (collectively, "Gracenote Servers") and to perform other functions. You may use Gracenote Data only by means of the intended end-user functions of this application or device.
This application may contain content belonging to Gracenote's providers. If so, all of the restrictions set forth herein with respect to Gracenote Data shall also apply to such content and such content providers shall be entitled to all of the benefits and protections set forth herein that are available to Gracenote. You agree that you will use Gracenote Data, the Gracenote Software, and Gracenote Servers for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the Gracenote Software or any Gracenote Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE SOFTWARE, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive license to use the Gracenote Data, the Gracenote Software, and Gracenote Servers will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Gracenote Data, the Gracenote Software, and Gracenote Servers. Gracenote reserves all rights in Gracenote Data, the Gracenote Software, and the Gracenote Servers, including all ownership rights. Under no circumstances will Gracenote become liable for any payment to you for any information that you provide. You agree that Gracenote, Inc. may enforce its rights under this Agreement against you directly in its own name.
The Gracenote service may use a unique identifier to track queries for statistical purposes. The purpose of a randomly assigned numeric identifier is to allow the Gracenote service to count queries without knowing anything about who you are. For more information, see the web page for the Gracenote Privacy Policy for the Gracenote service.
The Gracenote Software and each item of Gracenote Data are licensed to you "AS IS." Gracenote makes no representations or warranties, express or implied, regarding the accuracy of any Gracenote Data from in the Gracenote Servers. Gracenote reserves the right to delete data from the Gracenote Servers or to change data categories for any cause that Gracenote deems sufficient. No warranty is made that the Gracenote Software or Gracenote Servers are error-free or that functioning of Gracenote Software or Gracenote Servers will be uninterrupted. Gracenote is not obligated to provide you with new enhanced or additional data types or categories that Gracenote may provide in the future and is free to discontinue its services at any time. GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE SOFTWARE OR ANY GRACENOTE SERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.
© 2011. Gracenote, Inc. All Rights Reserved

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