Apple Podcast Connect's terms of service, 31 January 2019

Below is the terms of service for Apple Podcasts Connect, the company’s service that includes analytics.

We’re reproducing it here because we’re reporting on it today, and these terms of service are not visible without an Apple ID.

Podcasts Connect

TERMS OF SERVICE

THESE TERMS OF SERVICE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND APPLE INC. (“APPLE”) STATING THE TERMS THAT GOVERN YOUR USE OF THE PODCASTS CONNECT SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH IT (“PODCASTS CONNECT”). TO AGREE TO THESE TERMS OF SERVICE, CLICK “AGREE.” IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT CLICK “AGREE,” AND DO NOT USE PODCASTS CONNECT. YOU MUST ACCEPT AND ABIDE BY THESE TERMS OF SERVICE AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND APPLE MAY REFUSE ACCESS TO PODCASTS CONNECT FOR NONCOMPLIANCE WITH ANY PART OF THESE TERMS OF SERVICE.

Access. Access to Podcasts Connect is provided solely as an accommodation and at Apple’s sole discretion, and is available only to (a) authorized representatives of an entity (a “Content Provider”) that has submitted one or more valid podcasts (collectively, or individually, as context requires, “Content”) to Apple or Apple affiliates for distribution on Apple’s properties (collectively, or individually, as context requires, the “Service”). Your access to particular Podcasts Connect services may be further limited by the Podcasts Connect administrative user(s) for the Content Provider with which you are associated. You agree to follow any guidelines and restrictions on the use of Podcasts Connect or the Content which Apple may provide to you from time to time, including without limitation, you shall not engage in any unlawful, unfair, misleading, fraudulent, improper, or dishonest acts or business practices relating to the Content or use of Podcasts Connect.

System Requirements. Use of Podcasts Connect requires compatible hardware (fees may apply), Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of Podcasts Connect involves hardware, software, and Internet access, your ability to use Podcasts Connect may be affected by the performance of these factors. High speed internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
Agreement. Your use of Podcasts Connect is, if applicable, subject to the terms of any Agreement between yourself and Apple with regard to your Content, including, without limitation, its confidentiality provisions. In the event of any conflict between these Terms of Service or any information provided on Podcasts Connect, on the one hand, and any applicable Agreement, on the other hand, the terms of such Agreement shall govern.

Your Information. You agree to provide accurate, current, and complete information required to register with Podcasts Connect and at other points as may be required in the course of using Podcasts Connect (“User Data”). You hereby confirm that any User Data you already have provided to Apple (including, without limitation, in the Podcasts application process or through prior use of Podcasts Connect) has been accurate, current and complete. You further agree to maintain and update your User Data as required to keep it accurate, current, and complete.
Account and Password. As a registered user of Podcasts Connect, you must establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Apple of any unauthorized use of your Account or any other breach of security. Apple shall not be responsible for any losses arising out of the unauthorized or other improper use of your Account.

No Programmatic Access. You may not use any data mining, robots, scripting, or similar data gathering and extraction tools to access Podcasts Connect, including, without limitation, the Contents Analytics Service, and you shall not exploit Podcasts Connect, or any data therein, in any manner not expressly authorized by Apple.

Particular Podcasts Connect Services.
Agreements. You agree to keep confidential, and not to disclose to any third party, any proposed Agreement you download through Podcasts Connect or otherwise receive from Apple. In the event either party chooses not to execute such proposed Agreement, you agree to destroy all copies thereof.

Images. Podcasts Connect may permit you to upload certain images or other artwork related to particular Content (“Content Images”) for worldwide use by Apple to display Content Images on Apple branded websites (i.e. www.apple.com), in the iTunes Store, or in Apple Podcasts and related promotional materials, and/or deliver Content Images for display on end users’ iTunes client and related software on computers or other devices where content featuring the Content is present, including (in either case) as an image associated with an episode, a podcast, or a collection of podcasts.

You represent and warrant that:
you have cleared all worldwide rights, including, without limitation, any rights of publicity of any artist or other person depicted in the Content Images, any copyrights of photographers or other third parties, and any trademark rights in marks featured in the Content Images, that may be necessary for the use of Content Images as set forth herein; you are responsible for all worldwide royalties, fees and/or other sums (if any) payable with respect to Content Images and their use as set forth herein;
the Content Images do not violate any applicable laws or regulations; and
you have the authority to make the foregoing representations and warranties, provided that, you make the foregoing representations and warranties on behalf of the Content Provider.

Analytics. To the extent that Apple provides an analytics service through Podcasts Connect for content distributed through the Service excluding any Applications or associated information distributed through the App Store (“Content Analytics Service”), you agree to use any data provided through such Content Analytics Service solely for purposes of internal business analytics, including promotion and marketing purposes, and making data available to advertisers solely as necessary to monetize Content, and subject to the following conditions:

You acknowledge that the Contents Analytics Service is provided solely as a convenience to you.

You agree not to provide such information to any third parties, or allow third parties to access your account in Podcasts Connect.

For clarity, you must not aggregate (or permit any third-party to aggregate) analytics information provided to you by Apple as part of the Content Analytics Service with other content providers’ analytics information, or contribute such information to a repository for cross-content provider analytics.

You must not use the Content Analytics Service or any analytics data to attempt to identify or derive information about any particular end-user or device.
For the avoidance of doubt, if you are receiving analytics data from an analytics service offered by the App Store for your applications (if any), this section 6.E. does not apply to any such analytics data received from such analytics service and your use thereof shall be guided by any applicable Program License Agreement that governs your distribution of any such applications.

In consideration for your use of the Content Analytics Service, you grant Apple a nonexclusive, worldwide, and royalty-free license to use your Content for internal research and development to improve Apple’s products and services. If you do not agree to this license, do not use the Content Analytics Service.

Intellectual Property.
Acknowledgement of Ownership. You agree that Podcasts Connect contains proprietary information and material that is owned by Apple and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of Podcasts Connect in compliance with these Terms of Service. No portion of Podcasts Connect may be reproduced in any form or by any means.

Copyrights. All copyrights in and to Podcasts Connect are owned by Apple and/or its licensors.

Trademarks. Apple, the Apple logo, iTunes, Podcasts Connect and other Apple trademarks, service marks, graphics, and logos used in connection with Podcasts Connect are trademarks or registered trademarks of Apple Inc. in the U.S. and/or other countries. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

Disclaimer of Warranties; Liability Limitations.
APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF PODCASTS CONNECT WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE PODCASTS CONNECT (OR PARTICULAR PRODUCTS OR SERVICES THEREIN) FOR INDEFINITE PERIODS OF TIME, OR CEASE TO OFFER PODCASTS CONNECT IN ITS ENTIRETY, AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, PODCASTS CONNECT IS AT YOUR SOLE RISK. PODCASTS CONNECT AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH PODCASTS CONNECT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

IN NO CASE SHALL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF PODCASTS CONNECT OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF PODCASTS CONNECT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY PRODUCT OR SERVICE, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OR SERVICE, POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA PODCASTS CONNECT, EVEN IF ADVISED OF THEIR POSSIBILITY.
APPLE DOES NOT REPRESENT OR GUARANTEE THAT PODCASTS CONNECT WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND APPLE DISCLAIMS ANY LIABILITY RELATING THERETO.

Indemnity. BY USING THE PODCASTS CONNECT SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE, ANY REPRESENTATIONS OR WARRANTIES MADE BY YOU HEREIN, OR YOUR OTHER IMPROPER, UNAUTHORIZED OR UNLAWFUL USE OF PODCASTS CONNECT.

Notices. Apple may send you notice with respect to Podcasts Connect by sending an email message to the email address listed in your Account contact information, by sending a letter via postal mail to the contact address listed in your Account contact information, or by a posting on Podcasts Connect. Notices shall become effective immediately.

Governing Law. You expressly agree that the laws of the State of California, excluding its conflicts of law rules, govern these Terms of Service and your use of Podcasts Connect, and that the exclusive jurisdiction for any proceeding relating in any way to your use of Podcasts Connect will be the Northern District of California. You hereby waive the right to object to the foregoing choice of law, personal jurisdiction or venue.
These Terms of Service constitute the entire agreement between you and Apple and govern your use of Podcasts Connect, superseding any prior agreements between you and Apple. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Apple’s failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. Apple will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Termination. You agree to comply with the above at all times during your use of Podcasts Connect, and acknowledge and agree that Apple has the right, in its sole discretion, to terminate your account or take such other action as it sees fit if you breach any of the terms of these Terms of Use.

Last updated: January 31, 2019
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Reproduced by Podnews for critical and educational purposes, as protected under international copyright law.