Terms of Use

The Gracenote website, and all of its related web pages and locations (collectively referred to and taken together as the “Site”), provides information with respect to Gracenote’s business, products and services. Therefore, the following terms and conditions (the “Terms of Use”) between Gracenote, Inc. (“Gracenote” or “we”) and you (“you”) govern your use of the Site and the Materials accessible on or from the Site.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE AND THE GRACENOTE PRIVACY STATEMENTS. IF YOU DO NOT ACCEPT THESE TERMS OF USE AND THE GRACENOTE PRIVACY STATEMENTS, YOU MAY NOT ACCESS OR USE THE SITE. SERVICES AND INFORMATION INTENDED FOR REGISTERED USERS OF THE SITE ARE NOT FOR USE BY CHILDREN UNDER 13 YEARS OF AGE.

1. Copyright. The contents of the Site, including without limitation all text, images, Software, services, audio and video, the Gracenote database of music-related information, links, as well as any such combination and/or compilation of the same (collectively referred to herein as "Materials"), is the property of Gracenote and is protected by U.S. and international copyright laws. Neither the Site nor the Materials may be modified, reproduced, distributed, transmitted, publicly displayed, performed, or otherwise used, in whole or in part, without the prior written consent of Gracenote. No use of the Materials is allowed except as expressly stated herein. Some Materials may be copyrighted by Gracenote’s suppliers, licensees and affiliates, and copyright law also applies to other companies’ advertisements or information presented on this Site.

2. Trademarks. Gracenote (and Puffy G design), the Gracenote Logos (including PUFFY G (logo)), CDDB, CDDB (and design), MusicID, MediaVOCS, Gravity Mobile, CarStars, MusicID, MusicIP, MusicIP Mixer, DJMIX, DJMOOD, DJSCAN, MYDJ, MusicDNS, and Let Your Music Play are trademarks of Gracenote, Inc., either registered or not (collectively the “Gracenote Trademarks”), within the United States as well as in other countries. Without Gracenote's prior permission and proper acknowledgement, you agree not to display or use the Gracenote Trademarks in any manner. All other trademarks, service marks, product and service names and company names or logos that appear on the Site are the property of their respective owners.

3. Registration. While registration is not required to access and use the Site, Gracenote requires registration (which requires providing your true name and identifying information) of users who wish to use certain Site functions (such as our Gracenote Careers webpage, Commercial Developer Registration, and the Open Developer Program). For sites where Gracenote does not require your true name or any identifying information, you agree not to choose a name that misleads or misidentifies you as another person, company or is confusingly similar to any products, services, trademarks or is indecent or otherwise offensive. If you choose to use your own name, you consent to it being passed to others by certain functionality and uses of the Site. Gracenote reserves the right, in its sole discretion, to remove any user for any reason at any time. By completing any Gracenote registration form, you also agree to the all related terms incorporated herein by reference.

4. Age of Users. If you are between the age of 13 and 18 years old, you may use this Site and Materials but only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between 13 and 18 years old, be advised that you are fully responsible for his or her use of this Site and Materials, and any and all legal liability that he or she may incur.

5. Privacy. Personal information that you supply to Gracenote, and any information about your use of the Site or Materials, will be subject to the Privacy Statements contained on this Site (either for the Site or for the Media Recognition Services). These Privacy Statements are an integral part of these Terms of Use. In addition, Email addresses are provided solely for user queries relating to Gracenote. The capture of Gracenote Emails for use with unsolicited Email is not permitted.

6. Non-Commercial Use. Except for certain Site functions, this Site and the Materials are solely for your own personal non-commercial use. Beyond such personal non-commercial use, you may not copy, transmit, publish, distribute, display or in any other way exploit the Site and/or the Materials at any time. You may not aggregate or collect Materials from this Site to construct any kind of on-line or computer database. You may not use this Site or Materials to solicit the performance of any illegal activity or other activity which infringes the rights of Gracenote or others. You may not use or export or re-export any Materials or any copy or adaptation of such Materials, in violation of any applicable laws or regulations, including without limitation United States export laws and regulation. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or with any other person's use of the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, by hacking, password "mining" or any other illegitimate means.

7. Gracenote Links. For your convenience only, Gracenote provides links within the Site to other web sites operated by third parties. Gracenote exhibits no control over such third party websites and is not responsible for their content or the privacy practices thereof. Gracenote makes no representations or warranties and accepts no responsibility for the quality, content, nature or reliability of any third party web site or service accessible by hyperlink from the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Site are solely between you and such advertiser. This includes payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings. You agree that Gracenote will not be responsible or liable for any loss or damage incurred as the result of any such dealings.

8. Your Links. You can link to our Site and include our logo in your link provided you agree to cease such link upon request from Gracenote. This right is contingent on your compliance at all times with these Terms of Use. You may not otherwise publish, copy, reproduce, distribute or otherwise use any Gracenote trademark, logo, or graphics on external sites or in any other medium or form.

9. Framing and other Technology Restrictions. Gracenote’s express written permission is required before embedding Gracenote pages in “frames” running from other sites. For further information please read our Copyright Infringement Policies and Procedures. You also may not, without our prior written permission, “mirror” any Materials contained on this Site or any other server. You may not use any Gracenote Trademark in any metatag unless we have granted you permission to do so in writing.

10. Indemnification. You agree to defend, indemnify, and hold harmless Gracenote, our parent and other affiliated companies (including our respective employees, contractors, officers, directors and agents, co-branders or other partners) from all liabilities, claims, and expenses, including attorney’s fees, that arise from any claim or demand made by any third party due to or arising out of your use of the Site or Materials. Gracenote reserves the right, at Gracenote’s expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Gracenote in asserting any available defenses.

11. Disclaimer of Warranties. THE SITE AND THE MATERIALS ARE PROVIDED BY GRACENOTE ON AN “AS IS” AND “AS AVAILABLE” BASIS. GRACENOTE MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE MATERIALS IS AT YOUR SOLE RISK AND RESPONSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 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 REPRESENT OR WARRANT THAT THE MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, SUBJECT TO CORRECTION, OR ERROR-FREE, OR THAT THE SITE, ITS SERVERS, OR MATERIALS AVAILABLE FROM THE SITE ARE FREE OF ANY HARMFUL COMPONENTS. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

12. Limitation of Liability. IN NO EVENT WILL GRACENOTE BE LIABLE TO YOU, OR TO ANY PARTY CLAIMING THROUGH YOU, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE, OR USE OF THE SITE OR MATERIALS OFFERED HEREUNDER. GRACENOTE’S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES OR LOSS, HOWSOEVER ARISING OR CAUSED, SHALL IN NO EVENT BE GREATER THAN TEN DOLLARS (US $10.00). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

13. Additional Terms and Conditions for Software and EULAs. Gracenote has prepared certain end-user license agreements (or “EULAs”) for developers and business partners who seek to license Gracenote data and software (“Software”) for their applications or other commercial and non-commercial use. When you download and/or install and use any of Gracenote’s Software, you will be required to agree to one or more EULAs which may include additional terms. You will be bound by any EULA to which you agree. Any Software provided by Gracenote, or made available for download from this server, is the copyrighted work of Gracenote, Inc. and/or its suppliers. Any reproduction or redistribution of any Software not in accordance with the applicable EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. In the event of a conflict between such EULAs and these Terms of Use, the respective EULA shall control. For information contact us at gracenotelicensing@gracenote.com.

14. Changes to Site. Gracenote reserves the right, in its sole discretion, of which Gracenote may choose to do at any time and from time to time, to modify or discontinue, whether temporarily or permanently, the Site or the Materials with or without notice to you. Gracenote reserves the right to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. You agree that Gracenote will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

15. Changes to Terms of Use. Gracenote reserves the right, in its sole discretion, to change or modify the Terms of Use, whether in whole or in part, and with or without notice to you. If Gracenote changes these Terms of Use, Gracenote will post such new terms on the Site and any such changes or modifications will become effective upon posting. Your continued access to and use of the Site, following the posting of any such changes or modifications, will constitute your acceptance of the Terms of Use as revised. Such revisions will not apply retroactively and, as it relates to Section 16 below, the revisions will not apply to causes of action arising prior to the effective date of the changes.

16. Applicable Law, Jurisdiction and Claims. THESE TERMS OF USE ARE MADE UNDER, AND WILL BE CONSTRUED ACCORDING TO, THE LAWS OF THE STATE OF CALIFORNIA, U.S.A. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to these Terms of Use or the parties' relationship. Subject to the last sentence of this section, any claim, dispute or controversy arising out of or relating to these Terms of Use shall be resolved by arbitration in accordance with the provisions of the commercial or business rules of the American Arbitration Association. The arbitration shall be held in San Francisco, California. Notwithstanding the foregoing, a party may seek preliminary judicial relief (such as a preliminary injunction) from the state and federal courts located in San Francisco County, California if, in its judgment, such action is necessary to avoid irreparable damage, and such courts shall have exclusive jurisdiction and venue over all matters relating to such preliminary relief.

17. Termination. Gracenote expressly reserves the right to terminate your use of the Site and the Materials in the event that you violate the Terms of Use, any rules or guidelines posted on this Site, any applicable federal, state or local laws, or for any other reason that Gracenote shall determine in its sole discretion.

18. Copyright Complaints. Gracenote respects your intellectual property rights as well as the rights of other third parties. If you believe that your work has been copied in a way that constitutes copyright infringement, please e-mail Gracenote at generalcounsel@gracenote.com.

19. General Provisions. You agree to comply with all applicable laws and regulations. These Terms of Use set forth herein constitute the entire agreement between you and Gracenote. The waiver by one party of any default of the other party shall not waive subsequent defaults of the same or different kind. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of these Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect.

QUESTIONS?
If you have any questions about these Terms of Use, please contact:

Gracenote, Inc.

2000 Powell St, Suite #1500

Emeryville, CA 94608
generalcounsel@gracenote.com

© 2000-present. Gracenote, Inc. All rights reserved.

These Terms of Use were last updated on January 3, 2013.