Glirt Music for Artists Terms and Conditions

Updated as of June 3, 2020

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1. Introduction

Welcome to the Glirt Music for Artists Terms and Conditions (the “Glirt Music for Artists Terms”). Glirt Music for Artists (“Glirt Music for Artists”) is one part of the services, websites and software applications (together, the “Glirt Music Service” or “Service”) offered by Glirt Music (“Glirt Music”, “we”, “us”, “our”)

The Glirt Music for Artists Terms are executed and agreed to, and will constitute a binding agreement between the entity you represent (“you” or “your”) and Glirt Music, with effect as of the date you click on the “Accept” button presented with the Glirt Music for Artists Terms (as the Glirt Music for Artists Terms may be changed in accordance with Section 3 below), or your acceptance of any benefits under the Glirt Music for Artists Terms (including access to Insights (as defined in Section 4 below), participation in Programs (as defined in Section 4 below) or enjoyment of any other services under particular Opt-In Glirt Music for Artists Terms (as defined in Section 4 below)), whichever is earlier (the “Effective Date”).

You represent, warrant and covenant to us that: (a) you are an authorized representative of the entity on whose behalf you are entering into the Glirt Music for Artists Terms (including, but not limited to, your distributed record labels) (the “Subscribing Entity”) with the authority to bind the Subscribing Entity to the Glirt Music for Artists Terms, regardless of whether you remain an authorized representative of that Subscribing Entity after agreeing to be bound by the Glirt Music for Artists Terms; (b) the Subscribing Entity agrees to be bound by the Glirt Music for Artists Terms; and (c) you agree to be bound by the Glirt Music for Artists Terms on behalf of the Subscribing Entity. You also represent, warrant and covenant to us that any registration information that you submit to us for use in connection with the Glirt Music for Artists Terms is true, accurate, and complete, and you agree to keep it that way at all times until the Glirt Music for Artists Terms are terminated by either you or Glirt Music pursuant to Section 15 below. You can correct any erroneous registration information by accessing your settings page upon login via your Account (as defined in Section 2 below).

You may delegate your authority to use and access Glirt Music for Artists to additional users within your Subscribing Entity (each, a “Delegate”) and in the event that you and/or any of your Delegates access Glirt Music for Artists on the Service, you acknowledge and agree that these Glirt Music for Artists Terms shall govern such use of Glirt Music for Artists and shall supersede the Glirt Music for Artists Terms contained therein. You and your Delegates will be able to sign in to Glirt Music for Artists using individual credentials for Glirt Music for Artists. You represent, warrant and covenant to us that each of your Delegates will be authorized to access Insights, participate in Programs and other services (including Glirt Music for Artists), and sub-delegate their authority to additional users, for and on behalf of the Subscribing Entity. If you do delegate such authority to any one or more Delegates, you expressly agree on behalf of the Subscribing Entity that (x) all of your Delegates will comply with the Glirt Music for Artists Terms, (y) the Subscribing Entity will remain fully liable for your and each Delegate’s violation of the Glirt Music for Artists Terms, and (z) the Subscribing Entity will be responsible for the acts or omissions of your Delegates for purposes of the Glirt Music for Artists Terms.

2. Your Account

In order to use Glirt Music for Artists, you must register for a Glirt Music for Artists account using a valid email. If you do not already have a Glirt Musicfor Artist user account, you will be prompted to create one during the Glirt Music for Artists sign-up process and you will be presented with the applicable Agreements (as defined below in this Section 2), to which you will be required to review and accept before creating a Glirt Music for Artists account (“Account”). In addition to these Glirt Music for Artists Terms, your use of Glirt Music for Artists and access to any content or material that is made available by Glirt Music through the Service (“Content”) is also subject to Glirt Music’s Terms and Conditions of Use (the “Glirt Music Terms and Conditions”) and Glirt Music’s Privacy Policy available (“Privacy Policy”), and any additional terms that you agree to, including, without limitation, the Opt-In Glirt Music for Artists Terms (as defined in Section 4 below), which all shall be referred to collectively as the “Agreements,” and are hereby incorporated by reference into these Glirt Music for Artists Terms. Please read the Agreements carefully. They cover important information about Glirt Music for Artists provided to you and the effective version of the Agreements can be found on Glirt Music’s website. You acknowledge that you have read and understood the Agreements, have had the opportunity to review the Agreements with legal counsel even if you have chosen not to do so, accept these Agreements, and agree to be bound by them. In the event of any conflict between a provision in the Glirt Music Terms and Conditions and the Glirt Music for Artists Terms, the provisions of these Glirt Music for Artists Terms will govern. If you don’t agree with (or cannot comply with) the Agreements, then you may not use Glirt Musicfor Artists. By using the Service, you further consent to receiving communications from us as described in the Privacy Policy.

If there is a dispute between you and any third party as to the ownership or authorized use of an Account (including the Account of any of your Delegates), then Glirt Music may suspend all access to such Account at any time and without any liability to you, your Delegates and/or any other person or entity, including your Subscribing Entity. Glirt Music may resolve disputes among users or it may leave the resolution of disputes up to the parties involved, who may seek relief from a court of competent jurisdiction. If Glirt Music resolves any dispute, then you agree that Glirt Music’s decision is final and binding upon you and your Subscribing Entity, and that neither you nor your Subscribing Entity will have any cause of action against Glirt Music, although you may have recourse against any third parties as provided under applicable law. Glirt Music will also abide by any lawful order from a court of competent jurisdiction.

As always, your password protects your individual Account, and you, and each Delegate are solely responsible for keeping your password confidential and secure. If a username or password is lost or stolen, or if you or any of your Delegates believe there has been unauthorized access to an Account by third parties, please notify us immediately and change the password as soon as possible.

3. Changes to the Glirt Music for Artists Terms

We may change the Glirt Music for Artists Terms at any time in our sole discretion by prominently posting a revised version of the Glirt Music for Artists Terms within Glirt Music for Artists or by sending you a notice to the email address linked with your Account. If the changes are not material, the changes will become effective immediately. If the changes are material, they will only become effective as of the date that is thirty (30) days after the date of such posting or the effective date of such Notice. If you continue to use Glirt Music for Artists after the effective date of any such changes in any way, including by acceptance of any benefits under the Glirt Music for Artists Terms (including access to Insights, participation in Programs or enjoyment of any other services under particular Opt-In Glirt Music for Artists Terms (as defined in Section 4 below), whichever is earlier), such continued use will constitute your agreement to be bound by the changed Glirt Music for Artists Terms. However, such material changes will not apply to any dispute between you and us that arose prior to the effective date of such changes and of which Glirt Music has received a Notice pursuant to Section 23 below prior to the effective date of such changes. If you do not wish to continue using Glirt Music for Artists under the terms of any changed Glirt Music for Artists Terms, you may terminate the Glirt Music for Artists Terms pursuant to Section 15 below. You acknowledge that it is your responsibility to regularly monitor Glirt Music for Artists and regularly read any Notices we may send relating to changes to the Glirt Music for Artists Terms.

4. Enjoying Glirt Music for Artists

In accordance with Section 6 below, you, your Delegates or your Subscribing Entity may post content to the Service. Glirt Music for Artists provides information related to such posted content (“Information”). You acknowledge that we provide Glirt Music for Artists to you for a monthly subscription in exchange for your use of the Service and agreement to the Agreements.

In addition to the then-current features of Glirt Music for Artists, we may from time-to-time add new features with opportunities for rights holders, including you, to access additional information related to the use of content on Glirt Music for Artists (“Insights”), and to participate in and manage marketing, promotional, merchandising, programming and/or other campaigns for their content through Glirt Music for Artists (“Programs”). Opportunities for Insights and Programs for your content will be presented to you or your Delegates on an opt-in basis through Glirt Music for Artists, along with the corresponding terms and conditions for the particular opportunity (each, the “Opt-In Glirt Music for Artists Terms”).

5. Rights We Grant You

Glirt Music for Artists is the property of Glirt Music. We hereby grant you a limited, non-exclusive, revocable license to make use of Glirt Music for Artists (the “License”). This License will remain in effect until and unless the Glirt Music for Artists Terms are terminated by you or Glirt Music pursuant to Section 15 below. Neither you nor your Delegates may sell, transfer or sublicense your Account or individual credentials.

The data (including Insights), media, websites, and software applications that are included in Glirt Music for Artists are licensed, not sold, to you, and at all times Glirt Music will retain ownership of such data and information, even after installation of Glirt Music for Artists (or portions thereof) on your personal computers, servers, mobile handsets, tablets, and/or other relevant devices (each a “Device”).

All Glirt Music trademarks, service marks, trade names, logos, domain names, and any other features of the Glirt Music brand (“Glirt Music Brand Features”) are the sole property of Glirt Media Hub. The Glirt Music for Artists Terms do not grant you any rights to use any Glirt MusicBrand Features whether for commercial or non-commercial use, and all goodwill generated from the use of any Glirt Music Brand Features will inure solely to Glirt Music.

You agree to abide by our User Guidelines in Section 10 below and to not use Glirt Music for Artists, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Glirt Music for Artists Terms, Glirt Music grants no right, title, or interest to you in Glirt Music for Artists, by implication, estoppel or otherwise. All rights not expressly granted to you are expressly reserved by Glirt Music.

Third-party software (for example, open source software libraries) included in Glirt Music for Artists are licensed to you either under the Glirt Music for Artists Terms or under the relevant third-party software library’s license terms as published in the About, Help or Settings section of our desktop and mobile clients and/or on our website (“Third Party Software Licenses”).

Glirt Music for Artists is integrated with third party applications, websites, and services (“Third Party Applications”) to make content, products, and/or services available to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Glirt Music does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.

6. Glirt Music for Artists User Content

Glirt Music for Artists users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, videos, text, messages, information, playlist information, and/or other types of content (“User Content”).

Glirt Music does not claim any ownership rights in the User Content you post to the Service. After posting User Content to the Service, as between you and Glirt Music, you will continue to retain any rights you may have in your User Content, including any intellectual property rights or other proprietary rights associated with your User Content, subject to the license you grant to Glirt Music in the next paragraph of this Section 6.

By posting User Content to the Service, you grant Glirt Music a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, worldwide license to use, reproduce, make available to the public (e.g., perform or display), publish, translate, modify, create derivative works from, and distribute the User Content on and in connection with the Service, Glirt Music’s business, the promotion and marketing of the Service and the promotion and marketing of Glirt Music’s business, in any and all formats and through any and all media channels now known or hereafter developed. If you do not want Glirt Music to use your User Content for these purposes, you should not post User Content to the Service. To the extent you provide User Content that contains your name, likeness or photograph, you further grant us the non-exclusive, fully paid, worldwide right to use such name, likeness, and photograph on the Service and in our marketing communications to advertise, market and promote the availability of your User Content on the Service.

To the extent you or your Subscribing Entity has access to a particular page or entity on Glirt Music for Artists which is also accessible to one or more other users or Subscribing Entities, your User Content (including, but not limited to, your name, role, access level and certain actions you take on Glirt Music for Artists) may be visible to such other users or Subscribing Entities. Your right to access and edit pages or assets may differ depending on your underlying rights over that material and your level of access to Glirt Music for Artists. In some cases, you may share editing rights of a particular page or entity on Glirt Music for Artists with other users or Subscribing Entities.

You represent and warrant, and covenant on a present and continuing basis, that, with respect to any User Content you post to the Service: (a) you have and shall have the right to post such User Content, and to grant Glirt Music the rights to such User Content as set forth in the Agreements (including the license granted in the preceding paragraph of this Section 6), free of any and all claims, (b) such User Content, and its use by Glirt Music as contemplated by the Agreements (including the license granted in the preceding paragraph of this Section 6), does not and shall not violate the Agreements, applicable law, the regulations and rules of any guilds, unions or collectives, and does not and shall not violate or infringe the rights of any third party, including any intellectual property (including without limitation, copyright), publicity, privacy, personality, contract or other rights of others, (c) such User Content, and its use by Glirt Music as contemplated by the Agreements (including the license granted in the preceding paragraph of this Section 6), does not and shall not imply any affiliation with or endorsement of you or your User Content or any third party entity or individual by Glirt Music or any rights holders or any artists or any third party entity or individual without express written consent from the applicable such entity or individual, (d) you have and shall have acquired, retained and properly administered any third-party rights, licenses, authorizations, consents, permissions and approvals relating to the User Content you post to the Service, and the exercise by Glirt Music of the license granted in the preceding paragraph of this Section 6, (e) you shall be solely responsible for complying with the terms and conditions set forth in each of the third-party licenses, authorizations, consents, permissions and approvals referenced in clause (d) of this paragraph if need be, andyou shall be solely responsible for making any and all payments of royalties, fees and any other monies (however characterized) to any(where by content are not been uploaded through the Glirt Music For Artists Platform) and all third parties as and when required under such third-party licenses, authorizations, consents, permissions and approvals, (f)  royalties, fees or other monies (however characterized) are or shall be payable by or on behalf of Glirt Music to or on behalf of any person or entity in connection with or arising out of the User Content you post to the Service or the exercise by Glirt Music of the license granted in the preceding paragraph of this Section 6, (g) all User Content you post to the Service is and shall be correct, accurate, and does not contain Objectionable Content (as defined in Section 10 below), and (h) you have and shall comply with all applicable laws, regulations and industry standards when posting User Content to the Service, including the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s.com Disclosures Guide, the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time, and updates thereto.

Glirt Music may, but has no obligation to, monitor, review, or edit User Content. Because there is a risk to hosting user uploaded content, including User Content, Glirt Music reserves the right, in all cases, to remove or disable access to any User Content for any or no reason, including, but not limited to, User Content that, in Glirt Music’s sole discretion, violates the Agreements, the rights of any third party, poses a reputational risk to Glirt Music or any other person. Glirt Music may take these actions without prior notification to you or any third party and without any liability to you for such removal. However, Glirt Music does not obligate itself to remove any User Content except as required by law.

You are solely responsible for all content, including User Content, that you and your Delegates post, so please be careful about what you post. Don’t defame people on the Service or post any content that may be deemed to be Objectionable Content (as defined in Section 10 below). As you would expect, Glirt Music is not responsible for User Content nor does it endorse any opinion contained in any User Content. You acknowledge and agree that if anyone brings a claim against Glirt Music related to User Content that you or your Delegates post, then to the extent permissible by law, you will indemnify and hold Glirt Music harmless against any and all damages, losses, liabilities, expenses and/or costs arising out of such claim in accordance with Section 22 below.

7. Rights You Grant Us

In consideration in part for the rights granted and benefits accorded to you under the Glirt Music for Artists Terms, you grant us the right to allow Glirt Music for Artists to use the processor, bandwidth, and storage hardware on your Devices in order to facilitate the operation of Glirt Music for Artists.

If you provide feedback, ideas, or suggestions to Glirt Music in connection with Glirt Music for Artists (“Feedback”), then regardless of what your accompanying communication may say, you acknowledge that the Feedback is not confidential. You hereby grant Glirt Music a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g., perform or display), publish, translate, modify, create derivative works from, and distribute any of your Feedback through any medium in any way, for any purpose, and through any medium or technology now known or hereafter created, whether in whole or in part, and whether as modified or unmodified, whether alone or in combination with other content or materials, in any manner and by any means, method, or technology, whether now known or hereafter created, to present and make available your Feedback to users of Glirt Music for Artists, and in any and all marketing and promotional materials including but not limited to digital and print media, social media platforms, presentations, submissions, or any industry or commercial advertising purposes.

Aside from the rights specifically granted in the Glirt Music for Artists Terms, you retain ownership of all rights, including intellectual property rights, in any Feedback that you provide, and you have only granted us a license as set forth in the Glirt Music for Artists Terms. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law), such as your right to be identified as the author of such Feedback, and your right to object to derogatory treatment of the same. If such moral rights are not waivable, then you hereby agree not to sue us for failure to identify you as the author of such Feedback or for any use of such Feedback on or in connection with Glirt Music for Artists.

8. Data Insights; Mistakes

You acknowledge that Glirt Music for Artists is not a free service that we are providing to you for your own discretion. As part of Glirt Music for Artists, we may provide you with Insights such as the ability to view various types of aggregated data related to your Subscribing Entity’s content. While we work hard to ensure the accuracy of Insights, we do not guarantee that Glirt Music for Artists or Insights will be available, error-free, or that mistakes (including mistakes in the Insights that we provide to you) will not happen from time to time. Where there is a glitch or mistake in Glirt Music for Artists, we will take all reasonable efforts to address or correct these mistakes. You agree that you will indemnify and hold us harmless against any damage, liability, or costs that you incur as a result of a mistake, error, or glitch in this free service or arising from your use of Glirt Music for Artists (including Insights) in accordance with Section 22 below.

9. Beta Features

From time to time we may offer beta features through Glirt Music for Artists (“Beta Features”). We use Beta Features to experiment with and test new feature ideas. Accordingly, you may find that Beta Features appear one day, undergo periodic changes, or even disappear completely. In order to ensure that Beta Features do not disrupt your use of Glirt Music for Artists, Beta Features will be segregated in a separate area of Glirt Music for Artists and clearly labeled as such (e.g., ‘Beta’ or ‘Labs’).

10. User Guidelines

We’ve established a few ground rules for you to follow when using the Service, to make sure Glirt Music stays enjoyable for everyone. The current rules are listed below, but these may be updated, or we may provide you with additional rules, from time to time, consistent with Section 3 above. Please follow these rules and encourage other users to do the same.

The following is not permitted for any reason whatsoever:

10.1 copying, redistributing, reproducing, “ripping”, recording, transferring, performing, framing, lining to or displaying to the public, broadcasting, or making available to the public any part of Glirt Music for Artists or the Content;
10.2 using Glirt Music for Artists to import or copy any local files you do not have the legal right to import or copy in this way;
10.3 reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on Glirt Music for Artists, Content or any part thereof unless permitted by applicable law;
10.4 circumventing any technology used by Glirt Music, its licensors, or any third party to protect the Content or Glirt Music for Artists;
10.5 commercializing any part of Glirt Music for Artists or the Content, including, but not limited to, with respect to advertising, promotions, contests, and sweepstakes;
10.6 circumventing any territorial restrictions applied by Glirt Music or it licensors;
10.7 taking any action that imposes an unreasonable load on Glirt Music for Artists;
10.8 “crawling” Glirt Music for Artists or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from Glirt Music;
10.9 artificially increasing play count, or otherwise manipulating the Content or Glirt Music for Artists by using a script or other automated process;
10.10 removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Glirt Music for Artists Service (including for the purpose of disguising;
10.11 framing or linking to any of the materials or information available on the Site;
10.12 deleting or altering any Content or material Glirt Music or any other user makes available on Glirt Music for Artists.

Please respect Glirt Music, the owners of the Content, and other users of Glirt Music for Artists. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:

10.13 is offensive, abusive, defamatory, pornographic, threatening, harassing, obscene, or advocates or incites violence;
10.14 is illegal, or intended to promote or commit an illegal act of any kind;
10.15 would violate any agreement to which you are a party, such as, by way of example and not limitation, an exclusive recording agreement or publishing agreement;
10.16 includes your password or purposely includes any other user’s password or personal data of third parties or is intended to solicit such personal data;
10.17 includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service; and
10.18 involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the Glirt Music inbox.

You agree that you will not assist or permit any person in engaging in any of the activities in Sections 10.1 through 10.13.

All content listed in Sections 10.1 through 10.13 is “Objectionable Content.” You acknowledge and agree that posting any such Objectionable Content may result in immediate termination or suspension of any of your accounts with Glirt Music, including without limitation, your Account.

11. Infringement and Reporting User Content

Glirt Music respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see Glirt Music’s copyright policy, and message us at Glirt-Music-infringement-claim@gmail.com. If Glirt Music is notified by an intellectual property owner or their agent that any Content infringes a protected legal right, then Glirt Music may, in its absolute discretion, take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Glirt Music with a request to restore the removed content.

If you believe that any Content does not comply with the user guidelines, please fill out our notice form.

12. Service Limitations and Modifications

Glirt Music will make reasonable efforts to keep Glirt Music for Artists operational. However, Glirt Music makes no assurances that Glirt Music for Artists will be available continuously. Certain technical difficulties or maintenance may result in temporary interruptions. Glirt Music reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features or the entirety of Glirt Music for Artists, with or without notice, all without liability to you or your Subscribing Entity, except where prohibited by law, for any interruption, modification, or discontinuation of Glirt Music for Artists or any function or feature thereof. You understand, agree, and accept that Glirt Music has no obligation to maintain, support, upgrade, or update Glirt Music for Artists, or to provide all or any specific content through Glirt Music for Artists. Glirt Music and/or the owners of any Insights may, from time to time, remove any such Insights without notice to the extent permitted by applicable law and/or the Glirt Music for Artists Terms. Glirt Music for Artists, including Insights and Beta Features, are provided to you “As Is.” You use Glirt Music for Artists and all Insights and Beta Features at your sole risk and discretion. This Section 12 will be enforced to the extent permissible by applicable law.

13. Customer Support

For customer support with Account-related questions (“Customer Support Queries”), please submit a ticket to our customer service department using the Customer Service contact form on theContact Us section of our Application.. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.

14. Term and Termination

The Glirt Music for Artists Terms will apply as of the Effective Date, as applicable, and will continue to apply until terminated by either you or Glirt Music under this Section. Either party may terminate the Glirt Music for Artists Terms upon Notice to the other party pursuant to Section 23 below, provided that such termination shall apply with prospective effect only as of the date that is the later of the date that is thirty (30) days of the effective date of such Notice and Glirt Music’s closure of your Account (and the Accounts of your Delegates) for Glirt Music for Artists. In addition, Glirt Music may terminate the Glirt Music for Artists Terms upon Notice to you in the event of any material breach of the Glirt Music for Artists Terms, including in the event of your actual or suspected unauthorized use of Glirt Music for Artists and/or content , or non-compliance with the Glirt Music for Artists Terms, that is not remedied by you within thirty (30) days of the effective date of Notice to you from Glirt Music of such breach pursuant to Section 23 below, provided such termination shall apply with prospective effect only as of the expiration of such thirty (30) day period. This Section will be enforced to the extent permissible by applicable law.

As of the effective date of any termination of the Glirt Music for Artists Terms under this Section 15, you will: (a) have no further right to use your Account (or the Accounts of your Delegates) for Glirt Music for Artists; (b) have no further right to accept of any benefits under the Glirt Music for Artists Terms (including access to Insights, participate in Programs or enjoy any other services under particular Opt-In Glirt Music for Artists Terms); and (c) immediately destroy, or if instructed by Glirt Music, return to Glirt Music, all data, information and content delivered to furnished to you in connection with Glirt Music for Artists through the effective date of termination. If you or Glirt Music terminate the Agreements, or if Glirt Music suspends your access to the Glirt Music for Artists Service, you agree that Glirt Music shall have no liability or responsibility to you and Glirt Music will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.

You acknowledge and agree that, consistent with Section 7, the perpetual license granted by you in relation to Feedback, respectively, are irrevocable and will therefore continue after expiration or termination of any of the Glirt Music for Artists Terms. This Section 15 will be enforced to the extent permissible by applicable law.

Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 – 23 of the Glirt Music for Artists Terms, as well as any other Sections that, either explicitly or by their nature, must remain in effect even after expiration or termination of the Glirt Music for Artists Terms, will survive expiration or termination.

15. Warranty Disclaimer

THE FOLLOWING WARRANTY DISCLAIMER APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW:

WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT GLIRT MUSIC FOR ARTISTS IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE GLIRT MUSIC FOR ARTISTS AT YOUR OWN RISK. GLIRT MUSIC AND ALL OWNERS OF THE DATA AND INFORMATION USED IN CONNECTION WITH GLIRT MUSIC FOR ARTISTS, INCLUDING INSIGHTS, MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER GLIRT MUSIC NOR ANY OWNER OF DATA AND INFORMATION USED IN CONNECTION WITH GLIRT MUSIC FOR ARTISTS, INCLUDING INSIGHTS, WARRANTS THAT GLIRT MUSIC FOR ARTISTS IS OR WILL BE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, GLIRT MUSIC MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATIONS (OR THE CONTENTS THEREOF), OR ANY OTHER PRODUCT OR SERVICE OFFERED BY A THIRD PARTY ON, THROUGH, OR FROM GLIRT MUSIC FOR ARTISTS OR ANY HYPERLINKED WEBSITE OR OTHER ELECTRONIC

PROPERTY. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM GLIRT MUSIC SHALL CREATE ANY WARRANTY ON BEHALF OF GLIRT MUSIC IN THIS REGARD.

This does not affect your statutory rights as a consumer, to the extent such rights apply.

16. Limitation

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH GLIRT MUSIC FOR ARTISTS IS TO UNINSTALL ANY SOFTWARE PROVIDED, FURNISHED OR SELECTED IN CONNECTION WITH GLIRT MUSIC FOR ARTISTS AND TO STOP USING GLIRT MUSIC FOR ARTISTS. WHILE GLIRT MUSIC ACCEPTS NO RESPONSIBILITY FOR THIRD-PARTY APPLICATIONS OR THE CONTENTS THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES UNDER THIRD PARTY SOFTWARE LICENSES, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS BETWEEN YOU AND GLIRT MUSIC, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD-PARTY APPLICATIONS OR THE CONTENTS THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD-PARTY APPLICATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GLIRT MUSIC, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR, (B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE GLIRT MUSIC FOR ARTISTS, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER GLIRT MUSIC HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE WILL GLIRT MUSIC’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO GLIRT MUSIC FOR ARTISTS, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT EXCEED THE AMOUNTS PAID BY YOU TO GLIRT MUSIC DURING THE PRIOR 12 MONTHS.

Nothing in the Glirt Music for Artists Terms removes or limits Glirt Music’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by law, gross negligence. Some aspects of this Section may not apply in some jurisdictions if prohibited by law.

17. Third Party Rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Glirt Music, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Glirt Music only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

18. Entire Agreement

You and Glirt Music agree that the Agreements are intended to be a final and complete expression of the understanding and agreement between Glirt Music and you and/or your Subscribing Entity with respect to the subject matter of the Agreements. The Agreements supersede all prior and contemporaneous representations, warranties, covenants and agreements between Glirt Music and you and/or your Subscribing Entity, whether written or oral, regarding the subject matter of the Agreements. However, as between you and Glirt Music, the Agreements do not supersede any commitments you have made or will make pursuant to Third Party Software Licenses or any terms and conditions of use and privacy policies for any Third Party Applications. You and Glirt Music acknowledge and agree that neither party has made any representations, warranties, covenants or agreements in connection with the Agreements or the subject matter hereof that are not contained in the Agreements. In the event of a conflict between the terms and conditions set forth in the Agreements or particular Opt-In Glirt Music for Artists Terms, and any other agreement between Glirt Music and you and/or your Subscribing Entity (or any of your or our affiliates), the Agreements and the particular Opt-In Glirt Music for Artists Terms will govern and control with respect to the subject matter of the Agreements.

19. Severability and Waiver

Unless as otherwise stated in the Glirt Music for Artists Terms, should any provision of the Glirt Music for Artists Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability will not in any manner affect or render invalid or unenforceable the remaining provisions of the Glirt Music for Artists Terms, and the application of that provision will be enforced to the extent permitted by law.

Any failure by Glirt Music or any third-party beneficiary to enforce the Glirt Music for Artists Terms or any provision thereof will not waive Glirt Music’s or the applicable third-party beneficiary’s right to do so.

20. Assignment

Glirt Music may assign the Glirt Music for Artists Terms or any part of them, and Glirt Music may delegate any of its obligations under the Glirt Music for Artists Terms. You may not assign the Glirt Music for Artists Terms or any part of them, nor transfer or sub-license your rights under the Glirt Music for Artists Terms, to any third party.

21. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold Glirt Music harmless from and against all damages, liabilities, losses, costs and expenses of any kind (including reasonable attorneys’ fees and costs) arising out of: (a) your breach or alleged breach of the Agreements; (b) any activity or omission in which you engage on or through Glirt Music for Artists; (c) your violation or alleged violation of any law or the rights of any third party, including any actual or alleged infringement or other violation of a third party’s intellectual property rights; (d) your use of Glirt Music for Artists, including as a result of a mistake, error, or glitch in Glirt Music for Artists; (e) your breach or alleged breach of any Third Party Software Licenses; and/or (f) your exercise of any of your rights under the License.