NME Artist Services – Terms and Conditions

NME ARTIST SERVICES

TERMS AND CONDITIONS

Introduction

  1. These terms and conditions as updated from time to time (the “Terms and Conditions”) apply to the upload and publication of content including but not limited to text, video, audio, sound recordings, pictorial, graphic, digital illustration, image and photographic content (the “Content”) by artists to the website hosted at www.nme.com (the “Platform”).

  2. Before you post Content, please read these Terms and Conditions carefully, as they govern your use of, and submissions to, the NME Artist Service offered by Time Inc. (UK) Ltd (“TIUK”, “we” or “us”) (the “NME Artist Service“).

TIUK Privacy Policy and Website Terms and Conditions

  1. The following also apply to your use of the NME Artist Service:
    1. Our Privacy and Cookies Policy hosted at https://www.timeincuk.com/privacy/ (the “Privacy Policy”), which sets out the terms on which we process the information collected about you through your use of the NME Artist Service; and

    2. Our website terms and conditions hosted at https://www.timeincuk.com/terms-and-conditions/ (the “Website Terms and Conditions”), which sets out the terms on which you may use of the Platform.

  1. Our Privacy Policy and Website Terms and Conditions are incorporated into these Terms and Conditions by reference. Should any conflict arise between any of our Privacy Policy, Website Terms and Conditions and these Terms and Conditions, these Terms and Conditions shall prevail with respect to the NME Artist Service.

  2. Content uploaded to the NME Artist Service may not be used in order to promote or advertise any third party products or services.

  3. Artist Representations and Warranties

  4. By uploading Content to the Platform, you represent and warrant that:

    1. you are the sole author and/or owner of any and all intellectual property rights in and to the Content;

    2. all “moral rights” that you may have in the Content have been voluntarily waived by you (including your right to object to derogatory treatment and/or to be identified as the author of the Content);

    3. you are at least 18 years old, or if you are under 18 years old, that you are 16 years of age or more and have received your parent or guardian’s consent to enter into these Terms and Conditions;

    4. publication of the Content does not violate these Terms and Conditions.

  1. You further represent and warrant that you shall not upload Content:

    1. that is known or ought reasonably to have been known by you to be false, inaccurate and/or misleading;

    2. that infringes the intellectual property rights (whether registered or unregistered) or other proprietary rights of any third party or breaches any applicable laws;

    3. that is, or may reasonably be considered to be, defamatory, libellous, unlawful, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation or contains nudity, graphic or gratuitous violence or is suggestive of or concerned with the use of illegal drugs;

    4. that is, or may reasonably be considered to be rude, offensive, obscene or abusive, including personal attacks on other artists, or that is otherwise insulting or inappropriate;

    5. that is spam, junk mail, or any other form of commercial solicitation;

    6. that includes any information that references or identifies other websites, postal addresses, email addresses, contact information or telephone numbers, identification documents or sensitive financial information of third parties; and

    7. that contains any software viruses or any other malicious code, file or program designed to harm the function of any computer, mobile device or information and communications and technology hardware or software.

  1. You shall not share your password or account information or let anyone else access your profile on the Platform without first getting our written permission.

  2. You will keep your profile on the Platform accurate and up-to-date.

  3. Right of Removal

  4. You agree that TIUK may, in its sole discretion and at any time without notice to you, remove any Content or other information you post to the Platform if TIUK believes that it breaches these Terms and Conditions or any of its policies.

  5. Artist Indemnity

    1. You use the NME Artist Service entirely at your own risk. You agree to indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, losses (whether direct or indirect) and damages (actual and consequential) of every kind and nature, known and unknown including reasonable lawyers’ fees, arising out of a breach of your representations and warranties set forth above, or your breach of these Terms and Conditions or any applicable law or the rights of a third party.

    2. To the extent permitted by law, you release us, our directors, contractors and employees from all liability arising out of or in connection with the NME Artist Service and the material submitted to the Platform by artists.

  1. TIUK’s Rights

  2. You further agree as follows:

    1. In relation to the Content, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right and licence to use, copy, delete in its entirety, publish, translate, and/or incorporate the Content into any form, medium, or technology (whether now known or hereafter invented) throughout the world without compensation to you.

    2. All revenue realised from advertising opportunities on the Platform belongs to TIUK, such revenue to include revenue realised from advertising positioned adjacent to the Content.

    3. We are under no obligation to oversee, monitor or moderate the NME Artist Service and we expressly exclude our liability for any loss or damage arising from the use of the NME Artist Service by a user in contravention of our Terms of Use, whether the NME Artist Service is moderated or not. You acknowledge that you, not us, are responsible for ensuring that publication of the Content to the Platform complies with these Terms and Conditions. None of the Content that you submit shall be subject to any obligation of confidence on our part, our agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

    4. We reserve the right, in our sole discretion, to disable access to the NME Artist Service for any user. We also reserve the right to take appropriate action in the event of any suspected infringement of any applicable law.

  1. Data Protection and Privacy
    1. Content submitted through the NME Artist Service may be recorded and stored in multiple places, both on and across the Platform and elsewhere on the internet and on social media networks. It may be accessible to internet users for a long time and you will not have control over who may view it. You should be careful and selective over the personal information you disclose about yourself and others. In particular you should not disclose sensitive, embarrassing, compromising, proprietary or confidential information in or as part of Content you upload to the Platform. You should not include sensitive personal details (like e-mail or physical addresses or telephone numbers) as part of your upload. TIUK accepts no liability for issues arising from any disclosure of any such information by artists on the NME Artist Service.

    2. You must not collect or store (or attempt to collect or store) any personal data that you may receive about other users of the NME Artist Service.

    3. By submitting any personal details to the Platform, you agree that we and our third party service providers may use such personal details in accordance with the Privacy Policy and to contact you in relation the Content you have submitted to the Platform and generally.