Tidal updates terms without explanation or decline
Starting in May, Tidal.com prompts users to accept their updated terms.
The differences are not explained and the entire application is blocked until accepted.
Background edit
According to the wayback machine, the previous terms were effective from January 1st 2024.
https://web.archive.org/web/20240501074048/https://tidal.com/terms
With the new terms effective from April 10, 2025.
https://web.archive.org/web/20250501082456/https://tidal.com/terms
[Incident] edit
[Company]'s response edit
Differences in Terms edit
Using diff -u for the page contents as a text file.
--- before-jan-24 2025-05-01 10:26:44.454508460 +0200
+++ after-april-25 2025-05-01 10:27:21.795220931 +0200
@@ -1,9 +1,9 @@
TIDAL Terms and Conditions of Use
-Effective as of January 1, 2024 (“Effective Date”)
+Effective as of April 10, 2025 ("Effective Date")
1. Introduction
-These terms and conditions (“Terms”) govern your use of and access to TIDAL’s content and streaming services, and associated websites and applications outside of Canada, the European Union (“EU”), European Economic Area (“EEA”), and United Kingdom (the “TIDAL Service”). Please read these Terms carefully, including the provisions which require the use of arbitration and concern auto-renewal of certain subscription tiers. Your use of the TIDAL Service may also be subject to additional terms and conditions made available to you (“Supplemental Terms”), which are hereby incorporated into these Terms.
+These terms and conditions (“Terms”) govern your use of and access to TIDAL’s content and streaming services, and associated websites and applications in the United Kingdom, European Union (“EU”) and European Economic Area (“EEA”) except Germany (the “TIDAL Service”). Please read these Terms carefully, including the provisions which require the use of arbitration and concern auto-renewal. Your use of the TIDAL Service may also be subject to additional terms and conditions made available to you (“Supplemental Terms”), which are hereby incorporated into these Terms.
These Terms are effective as of the Effective Date listed above. We may make changes to these Terms (including any Supplemental Terms) from time to time by notifying you of such changes by any reasonable means, including (where appropriate) by posting a revised version of these Terms (“Revised Terms”), provided that, for material changes, we will seek to supplement such notice by email or other means. Any such changes will not apply to any dispute between you and TIDAL arising prior to the date the changes were made. Your continued use of the TIDAL Service after any updates will constitute your acceptance of the Revised Terms. If you do not wish to continue using the TIDAL Service under any Revised Terms, you may cancel your subscription as set forth in Section 4(e) (Cancellation). The Terms, along with any Revised Terms and Supplemental Terms shall be collectively referred to as the “Agreement”.
@@ -13,12 +13,12 @@
This Agreement is between the end user (“you”) and the TIDAL entity as set forth below. The term “you” also includes additional registered users whenever permitted under your applicable subscription plan, and others who access or use the TIDAL Service via your account (including employees of any company, entity or other organization who access or use the TIDAL Service as part of a Company Account, as defined below).
-“TIDAL” (or “we”, “us”, and/or “our”) means (a) TIDAL Music LLC if you reside in the United States, (b) Tidal Serviços de Entretenimento Ltda. if you reside in Brazil, or (c) Tidal Music AS if you reside elsewhere other than Canada, the EU, the EEA, and the United Kingdom. If you reside in Canada, the EU, the EEA, or the UK, please see the Tidal Terms and Conditions of Use specific to your location (Canada; Germany; UK, EU and EEA except Germany).
+“TIDAL” (or “we”, “us”, and/or “our”) means Tidal Music AS, the corporate entity that operates the TIDAL Service in the United Kingdom, EU and EEA except Germany. If you reside in Canada, Germany, and elsewhere, please see the Tidal Terms and Conditions of Use specific to your location (Canada; Germany; rest of world except Canada, the United Kingdom, EU and EEA except Germany).
2. Conditions of Use of the TIDAL Service
You may not use the TIDAL Service in any way that is fraudulent, illegal or expressly prohibited by these Terms. By using the TIDAL Service, you affirm that (a) you are 18 years of age or over, or you are 13 years or older (“a Minor”) and have express permission from your parent or guardian to use the TIDAL Service, (b) you reside in a country where the TIDAL Service is offered, and (c) any registration and account information that you submit to TIDAL is true, accurate and complete, and you agree to keep it that way at all times. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless TIDAL if the Minor breaches any of these Terms. If you do not agree to such actions, you may cancel your subscription as set forth in Section 4(e) (Cancellation) of these Terms. If you are not at least 13 years old, you may not use the TIDAL Service at any time or in any manner. The TIDAL Service is for personal, non-commercial use only.
-The TIDAL Service requires you to register and create an account. You agree to be fully responsible for all use of your account and for any actions that take place using your account. Your username and password are for your personal use only and should be kept confidential. You agree that you are responsible for all use (including any unauthorized use) of your username and password. The TIDAL Service also allows you to create a public user profile (“Profile”), including a public-facing Profile name. If TIDAL provides or you select a Profile name or similar identifier for your account, TIDAL may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user). You may not select a Profile name or identifier that (a) misleads or deceives others as to your personal identity; (b) clearly consists of the name of a company, group, product or brand that you don’t have permission to use; or (c) violates our Content Guidelines (as described below).
+The TIDAL Service requires you to register and create an account. You agree to be fully responsible for all use of your account and for any actions that take place using your account. Your username and password are for your personal use only and should be kept confidential. You agree that you are responsible for all use (including any unauthorized use) of your username and password. The TIDAL Service also allows you to create a public user profile (“Profile”), including a public-facing Profile name. If TIDAL provides or you select a Profile name or similar identifier for your account, TIDAL may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user). You may not select a Profile name or identifier that (a) misleads or deceives others as to your personal identity; (b) clearly consists of the name of a person, company, group, product or brand that you don’t have permission to use; or (c) violates our Content Guidelines (as described below).
You may create a TIDAL account on behalf of an organization, entity, brand or company (each, a “Company”, and each such account a “Company Account”). If you create a Company Account, you represent and warrant that you have full right and authority to grant all rights, permissions and licenses set forth in these Terms, and to bind the Company to these Terms. While using the TIDAL Service, including but not limited to by creating a Profile, uploading Listener Content, and generating playlists or Live Sessions (as defined below), a Company may not take any action that implies a connection, association, sponsorship, endorsement or commercial relationship between Company and any person, including any artist, unless Company has independently obtained permission to imply such a relationship. If a Company has a commercial association with a TIDAL artist or customer, it agrees to comply with all applicable laws while using the TIDAL Service, including, where applicable, by clearly and conspicuously disclosing any such relationship.
@@ -36,11 +36,11 @@
From time-to-time, we may also offer functionality or services which are in development through the TIDAL Service (“Beta Features”). We use Beta Features to experiment with and test new feature ideas. Accordingly, you may find that Beta Features operate differently from the rest of the TIDAL Service, including by undergoing regular changes, or even being discontinued completely without notice.
4. Payment and Billing Terms
-(a) Subscriptions. TIDAL offers various subscription options, some of which are free (“Free Subscription”) and others which charge a fee (“Paid Subscription”) (collectively, “Subscriptions). Some Subscriptions may start with a free or discounted trial period (“Trial Period”), which will automatically renew upon expiration of the Trial Period at the full subscription price specified during sign up, unless you cancel your Subscription before the expiration of the Trial Period as set forth in Section 4(e) (Cancellation). You are only permitted one (1) Trial Period. Any attempt to use or redeem more than one (1) Trial Period shall be considered a material breach of these Terms, entitling TIDAL to suspend or cancel your Subscription. TIDAL may from time to time make changes to Paid Subscription fees, and will provide you with advance notice before the end of the billing period in which the change is made. If you do not accept the change to your Paid Subscription, you will be entitled to cancel your Subscription. By continuing to use the TIDAL Service after the price change takes effect, you will have accepted the new price.
+Subscriptions. TIDAL offers various subscription options, for which you will be charged a fee (each, a “Subscription”, and collectively, “Subscriptions). Some Subscriptions may start with a free or discounted trial period (“Trial Period”), which will automatically renew upon expiration of the Trial Period at the full subscription price specified during sign up, unless you cancel your Subscription before the expiration of the Trial Period as set forth in Section 4(e) (Cancellation). You are only permitted one (1) Trial Period. Any attempt to use or redeem more than one (1) Trial Period shall be considered a material breach of these Terms, entitling TIDAL to suspend or cancel your Subscription. If you redeem a Trial Period, cancel your Subscription, and then subsequently reactivate your Subscription, TIDAL will automatically charge your Payment Method (as such term is defined below) the applicable fee the Subscription type you select. TIDAL may from time to time make changes to Subscription fees, and will provide you with advance notice before the end of the billing period in which the change is made. If you do not accept the change to your Subscription, you will be entitled to cancel your Subscription. By continuing to use the TIDAL Service after the price change takes effect, you will have accepted the new price. For clarity, the billing cadence for Subscriptions billed on a “monthly” basis is every thirty (30) calendar days.
(b) Third Party Subscriptions. A TIDAL Subscription may be provided to you by a third party provider, such as through a promotional offer or package bundled together with other services (each a “Third Party Subscription”). The terms for any Third Party Subscription may differ from the payment and other terms set out in this Agreement. You are solely responsible for reviewing any terms and conditions governing your use of the TIDAL Service provided through a Third Party Subscription. Payment for a Third Party Subscription will be taken from you by the applicable third party provider, unless the terms of the Third Party Subscription state otherwise. Should you wish to cancel or terminate your Third Party Subscription or obtain any further information with respect to payment methods, billing cycles, automatic renewals or refunds, you must contact your third party provider.
-(c) Payment Methods. To sign up for a Paid Subscription (including if preceded by a Trial Period), you must provide a current, valid, accepted method of payment, which may change from time to time ("Payment Method"). Paid Subscription purchases may be subject to additional terms, conditions, and fees (including but not limited to foreign transaction fees) imposed by your payment provider and/or mobile carrier, as applicable (“Third Party Fees”). By providing a Payment Method in connection with any Paid Subscription, you hereby authorize TIDAL to charge the periodic cost of your applicable subscription, and you agree to be responsible for any applicable Third Party Fees. Should charges for which you are responsible fail at the time payment is required, we are entitled to cancel your Subscription. You represent and warrant that all information you provide in connection with the purchase of a Paid Subscription is true, accurate and complete.
+(c) Payment Methods. To sign up for a Subscription (including if preceded by a Trial Period), you must provide a current, valid, accepted method of payment, which may change from time to time ("Payment Method"). Subscription purchases may be subject to additional terms, conditions, and fees (including but not limited to foreign transaction fees) imposed by your payment provider and/or mobile carrier, as applicable (“Third Party Fees”). By providing a Payment Method in connection with any Subscription, you hereby authorize TIDAL to charge the periodic cost of your applicable subscription, and you agree to be responsible for any applicable Third Party Fees. Should charges for which you are responsible fail at the time payment is required, we are entitled to cancel your Subscription. You represent and warrant that all information you provide in connection with the purchase of a Subscription is true, accurate and complete.
(d) Automatic Renewal. In order to provide continuous service, you agree that TIDAL will automatically renew a Subscription at the end of the applicable Subscription term, unless you cancel your Subscription at the end of the then-current Subscription period. Such renewal will be billed at the non-discounted rate for the applicable Subscription tier. You also agree that the amount billed may be different if your original Subscription was purchased using a promotional/trial offer and you authorize TIDAL to charge your Payment Method for such varying amounts as indicated at the time of sign-up. Your Subscription will remain in effect and continue to renew automatically until it is canceled in accordance with the instructions in Section 4(e) (Cancellation) of these Terms.
@@ -48,7 +48,7 @@
(f) Refund Policy. TIDAL has no obligation to refund any fees paid to us, including any advance charge(s) or payment(s) for any subscription term for the TIDAL Service, unless otherwise required by law or the terms of this Agreement.
-(g) Right of Regret. Notwithstanding the foregoing, if you are a consumer in Brazil, you have the right to withdraw from your Subscription within seven (7) days of signing up, for any reason, provided you have not commenced use of the TIDAL Service during that time. Your right of regret is lost once the 7-day period expires. If you are entitled to exercise your right of regret, TIDAL will refund you any amounts actually paid to TIDAL during the 7-day period. If you wish to withdraw from a Subscription, please contact [email protected] with the following information:
+(g) Right of Withdrawal. Notwithstanding the foregoing, if you are a consumer in the European Union (EU), the European Economic area (EEA) and the United Kingdom have the right to withdraw from your Subscription within fourteen (14) days of signing up, for any reason, provided you have not commenced use of the TIDAL Service during that time. Your right of withdrawal is lost once the 14-day period expires. If you are entitled to exercise your right of withdrawal, TIDAL will refund you any amounts actually paid to TIDAL during the 14-day period. If you wish to withdraw from a Subscription, please contact [email protected] with the following information:
Your intent to withdraw from your Subscription contract;
The date you signed up for TIDAL;
@@ -56,11 +56,19 @@
Your TIDAL email address.
(h) Taxes. Fees payable by you to TIDAL may be subject to Taxes. “Taxes include any and all present or future taxes, charges, fees, levies or other assessments, including, without limitation, sales, use, value-added, goods and services, consumption, or other similar taxes, telecommunications taxes, withholding taxes, duties, levies, fees, excises or tariffs imposed by any federal, state, foreign, provincial or local governmental taxing authority. Fees advertised by TIDAL in the United States are exclusive of Taxes; unless stated otherwise, fees advertised by TIDAL elsewhere are inclusive of Taxes. In the event that Taxes are applicable to the amounts payable by you to TIDAL hereunder, and are required to be collected from you by TIDAL under applicable law, such Taxes shall be calculated by TIDAL and presented to you, either separately stated or included in the fee, as applicable, on an invoice or receipt for the applicable billing cycle. You agree to pay the total amount payable on such invoice or receipt pursuant to the terms set forth herein.
+
+Additionally, you are responsible and liable for identifying and calculating any and all Taxes required to be assessed, incurred, collected, paid or withheld for your use of TIDAL. Unless otherwise expressly stated, you also are responsible and liable for (a) determining whether Taxes apply to your sale of products and services, payments received, and/or any other transactions arising from or out of your use of TIDAL, and (b) registering with Tax authorities in jurisdictions where you are required to do so by applicable law, and (c) calculating, collecting, reporting, paying, and/or remitting any such applicable Taxes to the appropriate Tax and revenue authority. TIDAL specifically disclaims any liability for such Taxes and you agree to fully indemnify, defend, and hold TIDAL harmless against any such Taxes and any other related expenses or costs.
5. Rights to the TIDAL Service and TIDAL Content
The TIDAL Service makes available to you a variety of content, including music, audiovisual content, podcasts and associated material (the “TIDAL Content”). Subject to the terms of this Agreement, TIDAL hereby grants you a non-exclusive, non-transferable, non-commercial, limited and revocable license to use the TIDAL Service and the TIDAL Content. The TIDAL Service and TIDAL Content are licensed, not sold, to you, and TIDAL and its licensors retain ownership of all copies of the TIDAL Service and TIDAL Content even after installation on your devices.
-TIDAL’s Live feature allows those with a Paid Subscription to share their listening session (“Live Session”) with any other paid subscribers. In order to use the Live feature, you will need to create a Profile and designate a Profile name. You can also customize the name of your Live Session (“Session Name”). You may not impersonate any person or entity, or otherwise provide any false or misleading information, in connection with your Live Session, including via your Session Name. Your Live Session, including your Session Name, must also at all times adhere to TIDAL’s Content Guidelines. TIDAL reserves the right to terminate or suspend any Live Session if we determine, in our sole discretion, that a Live Session (or a Session Name) is in violation of these Terms or the Content Guidelines. The Live feature may have limited functionality across regions and Third Party Applications (as defined below). Certain TIDAL Content may not be available in a Live Session. TIDAL makes no representations that your Live Session will be fully available or uninterrupted for all listeners. Your Session Name shall be considered Listener Content (as defined below) under these Terms.
+By using any of the Generative AI or AI-powered products, features, and tools (“AI Products”) offered by TIDAL, you are responsible for all content associated with your use of AI Products. You agree that you will not use any AI Product to create any content that is harmful, misleading, or violates the rights of any third party. You are responsible for any text you type or images, content, or data you upload into AI Products (“Input”), as well as any text, images, or content generated by AI Products through your use of AI Products or through prompts you provide to AI Products (“Output”, collectively together with Input, “AI Content”). You are also responsible for ensuring that any AI Content complies with all applicable laws, regulations, and terms before generating, using, or sharing it. You agree that you will not include any sensitive personal data of any individual (including data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, health data or data concerning anyone’s sex life or sexual orientation) in any Input to AI Products. TIDAL reserves the right to suspend, terminate, or otherwise modify your access to AI Products or other Services as determined in our sole discretion if we identify any such misuse. As between you and TIDAL, to the extent permitted by law and subject to these Terms, you own your AI Content. You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your AI Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the AI Products. You retain all rights in your Inputs and Outputs, subject to the rights you granted to us in these Terms.
+
+TIDAL’s Live feature allows those with a Subscription to share their listening session (“Live Session”) with any other paid subscribers. In order to use the Live feature, you will need to create a Profile and designate a Profile name. You can also customize the name of your Live Session (“Session Name”). You may not impersonate any person or entity, or otherwise provide any false or misleading information, in connection with your Live Session, including via your Session Name. Your Live Session, including your Session Name, must also at all times adhere to TIDAL’s Content Guidelines. TIDAL reserves the right to terminate or suspend any Live Session if we determine, in our sole discretion, that a Live Session (or a Session Name) is in violation of these Terms or the Content Guidelines. The Live feature may have limited functionality across regions and Third Party Applications (as defined below). Certain TIDAL Content may not be available in a Live Session. TIDAL makes no representations that your Live Session will be fully available or uninterrupted for all listeners. Your Session Name shall be considered Listener Content (as defined below) under these Terms.
+
+You may access third-party DJ products made available through the TIDAL Service (“DJ Tools”) if you have a Subscription to the DJ Extension. The use of the TIDAL Service with DJ Tools is for personal, non-commercial use only. Not all TIDAL Content is made available for use with the DJ Tools, and TIDAL is not responsible for any such TIDAL Content unavailability.
+
+TIDAL Uploads feature allows those with a Subscription to upload (“Uploaders”) finished or unfinished original musical recordings, music or otherwise, and underlying compositions (“Tracks”) to the TIDAL platform to which Uploaders must have all necessary rights to share through a link with a person (“Receiver”), as contemplated in these Terms. We may limit the number of Tracks you can upload and/or the number of times you can share a Track. Tracks composed of covers of original works, to which you do not have the rights, are strictly prohibited. When a Track is uploaded, the Uploader may upload an image or artwork to coincide with that Track. If you do not upload an image or artwork with a Track, the image or art may be AI generated. The AI generated image or artwork is not copyrightable and TIDAL cannot guarantee that it is not substantially similar to other art in existence. No royalties or other monies will be payable to any Track contributors when Receivers play Tracks. You are responsible for any payments owed to Track contributors or other third parties for use of a Track. Tracks shall be considered Listener Content (as defined below) under these Terms. In order to use the Uploads feature, you will need to create a TIDAL account with a Profile and designate a Profile name and/or username. Your artist name may be the same as your Profile name. To use Uploads, you must be 18 years of age or over and not require any third party's permission to share and release music, e.g., being signed to an exclusive recording and/or publishing deal. Uploaders may manage the Track’s limited, basic data, i.e., Track title, track image, and artist name (“Metadata”). Your uploads, including your image and/or artwork, must, at all times adhere to TIDAL’s Content Guidelines. TIDAL reserves the right to terminate or suspend your ability to upload and to remove uploaded content if we determine, in our sole discretion, that an upload is in violation of these Terms and/or the Content Guidelines.
TIDAL reserves all rights not expressly granted to you in this Agreement. The TIDAL Service and the TIDAL Content are the property of TIDAL and TIDAL’s licensors. Any use of TIDAL Content for any purpose in connection with artificial intelligence or machine intelligence technologies or services is prohibited without a license from the applicable rights holders. Access to and availability of certain TIDAL Content, features and functionalities of the TIDAL Service may vary from device to device, and may be affected by a variety of factors, such as your locations and applicable license restrictions. TIDAL retains all right, title and interest in and to the TIDAL Service and all copies thereof. TIDAL, or its licensor(s), is the owner of the TIDAL, TIDAL logo and other TIDAL trademarks (the “Trademarks”). Nothing in this Agreement or on the TIDAL Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without TIDAL’s prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by TIDAL in writing. All goodwill generated from the use of the Trademark inures to TIDAL’s benefit.
6. Listener Content
@@ -76,7 +84,7 @@
We respect the intellectual property rights of others and ask you to do the same. We have adopted Copyright and Other Intellectual Policies (detailed below) regarding any third-party claims that your material infringes the rights of others.
7. Third Party Applications
-The TIDAL Service may utilize or interact with certain third party applications, websites, platforms, devices and services (“Third Party Applications”). Your use of these Third Party Applications may be subject to their own respective terms of use and/or privacy policies. You understand and agree that TIDAL is not responsible or liable for the functionality, features, privacy or content of any Third Party Application and does not make any representations regarding the functionality, features, content or accuracy of materials on any Third Party Application. TIDAL does not guarantee that Third Party Applications will be compatible with the TIDAL Service.
+The TIDAL Service may utilize or interact with certain third party applications, websites, platforms, devices and services, including DJ Tools and use of TIDAL Uploads (“Third Party Applications”). Your use of these Third Party Applications may be subject to their own respective terms of use and/or privacy policies. You understand and agree that TIDAL is not responsible or liable for the functionality, features, privacy or content of any Third Party Application and does not make any representations regarding the functionality, features, content or accuracy of materials on any Third Party Application. TIDAL does not guarantee that Third Party Applications will be compatible with the TIDAL Service.
If you have downloaded TIDAL from the Apple Inc. ("Apple") App Store or if you are using the App on an iOS device, you acknowledge and agree that these Terms are between you and TIDAL only, not with Apple, and Apple is not responsible for the TIDAL Service and TIDAL Content. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the TIDAL Service. In the event of any failure of the TIDAL Service to conform to any applicable warranty, you may notify Apple and Apple will refund the 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 TIDAL Service. Apple is not responsible for addressing any claims by you or any third party relating to the TIDAL Service or your possession or use of the TIDAL Service, including: (1) product liability claims; (2) any claim that the TIDAL Service fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the TIDAL Service or your possession and use of the App infringe that third party's intellectual property rights. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with any applicable third-party terms, when using the TIDAL Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
8. Feedback
@@ -95,7 +103,7 @@
A statement that you, the complaining party, have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification of claimed copyright infringement is accurate, and, under penalty of perjury, that you, the complaining party, are the owner of an exclusive right that is alleged to have been infringed or a person authorized to act on behalf of such owner.
-Send your notice to TIDAL Copyright Department, 799 Broadway, 12th Floor, New York, NY 10003, or by email to [email protected].
+To file your notice to TIDAL, go to TIDAL Support on our website and go to "Submit a Request" under "Still Need Help?" at the bottom of the page. This will lead you to our content request form. Choose “I want to report a copyright/DMCA or trademark violation” from the initial list of options and input all of the required information.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material is infringing your copyrights or other intellectual property or privacy rights. If you have questions about the required content of your notice, please consult your legal counsel, or see Section 512(c)(3) of the DMCA to confirm these requirements, as applicable. TIDAL has adopted a policy of restricting or terminating, in certain circumstances and at TIDAL’s sole discretion, users who consistently fail to adhere to TIDAL's infringer policy. This may be due to multiple successful copyright complaints against them within a certain period of time.
@@ -106,22 +114,15 @@
If you or TIDAL terminate this Agreement, or if TIDAL closes your account or restricts or suspends your access to the TIDAL Service, you agree that TIDAL shall have no liability or responsibility to you, and (except as expressly provided in this Agreement) TIDAL will not refund any amounts that you have already paid.
-You may terminate this Agreement at any time by canceling your Subscription or deleting your TIDAL account by contacting [email protected], in which case you may not continue accessing or using the TIDAL Service.
+You may terminate this Agreement at any time by canceling your Subscription or deleting your TIDAL account by contacting [email protected], deleting your TIDAL account from your mobile settings, or by visiting account.tidal.com/profile; in all such cases, you may not continue accessing or using the TIDAL Service.
-The following Sections shall survive termination: 1, 4, 5, 6, 8, 10, and 12 through 16.
-11. Notice to California Residents
-
-Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice which is hereby offered as a convenience to you:
-
-The name and address of the provider to California residents of the TIDAL Service is TIDAL Music LLC, TIDAL – Customer Support, 799 Broadway, 12th Floor, New York, NY 10003. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or by email to [email protected].
-
-The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
-12. Warranty Disclaimers
+The following Sections shall survive termination: 1, 4, 5, 6, 8, 10, and 11 through 15.
+11. Warranty Disclaimers
The TIDAL service and the TIDAL content are provided on an “as is” and “as available” basis without any warranties of any kind. To the fullest extent permitted by applicable law, TIDAL and TIDAL content owners disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties rights, and fitness for particular purpose. Neither TIDAL nor any owner of TIDAL content warrants that the TIDAL service or TIDAL content is free of malware or other harmful components.
To the fullest extent permitted by applicable law, TIDAL makes no warranties or representations about the TIDAL service or TIDAL content, listener content, any third party applications (or any content contained therein), any third party products or services advertised, promoted or offered by a third party on or through the TIDAL service or any hyperlinked website. Including but not limited to their accuracy, reliability, completeness, efficacy, or timeliness. Tidal shall not be subject to liability for truth, accuracy, or completeness of any TIDAL content or listener content, information conveyed to you the user or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that your use of the TIDAL service, and the TIDAL content and any listener content is at your own risk. The TIDAL service may provide you with the ability to filter explicit content, but these features may still result in some explicit content being served to you. You should not rely on such features to filter all explicit content.
-13. Limitation of Liability
+12. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall TIDAL, and its parents, subsidiaries, employees, officers, directors, shareholders, agents, affiliates, representatives, successors or assigns (the “TIDAL parties”) be liable for (a) any, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses; or (b) any loss of use, data, business, or profits (whether direct or indirect), arising from the access, use or inability to use the TIDAL service or the TIDAL content.
@@ -130,14 +131,14 @@
Where mandatory arbitration is permitted by law, any claim arising under these terms must be commenced (by filing a demand for arbitration or filing an individual action under the arbitration agreement below) within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period.
Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law. To the fullest extent permitted by law, the liability of TIDAL arising from any error or other circumstance that may give rise to liability in relation to the TIDAL Service shall – except for instances of any fraud, fraudulent misrepresentation, death or personal injury caused by TIDAL’s or TIDAL’s employees, agents or sub-contractors negligence, gross negligence and willful misconduct - be limited to the amount paid by you for access to the TIDAL Service in the relevant month.
-14. Indemnification
+13. Indemnification
You agree to defend, indemnify, and hold TIDAL, and its parents, subsidiaries, employees, directors, agents, affiliates and representatives (collectively, the “TIDAL Parties”) harmless from and against any claims, actions or demands, including, without limitation, reasonable attorney fees and costs, arising from, relating to or resulting from (a) your breach or alleged breach of this Agreement (including any additional TIDAL terms and conditions incorporated herein); (b) your access to or activity in which you engage on or through the TIDAL Service; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) any Listener Content you upload, post or otherwise provide access to; or (e) your violation of any law or the rights of a third party.
-15. Governing Law; Arbitration
+14. Governing Law; Arbitration
These Terms will be governed by and shall be construed in accordance with the laws of the State of New York, without regard to New York’s choice or conflicts of law principles.
-This remaining part of this Section 15 is referred to as the “Arbitration Provision.”
+This remaining part of this Section 14 is referred to as the “Arbitration Provision.”
Any dispute or claim, except those that are resolved informally or brought in a small claims court, arising out of or relating in any way to one or more of the following: (1) the Agreement; (2) the TIDAL Service, TIDAL Content or Listener Content (3) your Subscription; or (4) any products or services sold or distributed by TIDAL or through TIDAL (collectively “Claims”), will, where permitted by law, be resolved by binding arbitration, rather than in court. You and TIDAL also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights unrelated to your use of the TIDAL Service or Subscription.
@@ -159,9 +160,11 @@
(g) Right to Opt Out. You may reject this Arbitration Provision, in which case only a court may be used to resolve any Dispute. To reject this provision, you must send us an opt-out notice (the “Opt Out”) within thirty (30) days after you create a TIDAL account or we first provide you with the right to reject this provision.
-The Opt Out must be mailed to Block, Inc., Attn: TIDAL Arbitration Provision, PO Box 427069, San Francisco, CA 94142. For your convenience, we are providing an opt out notice form you must fill in to Opt Out. You must complete this form by providing your name, address, phone number and the email address(es) you used to sign up and use the TIDAL Service. This is the only way of opting out of this provision. Opting out will not affect any other aspect of the Agreement, or the TIDAL Service, and will have no effect on any other or future agreements you may reach to arbitrate with us.
+The Opt Out must be mailed to Block, Inc., Attn: TIDAL Arbitration Provision, 1955 Broadway, Suite 600, Oakland, CA 94612. For your convenience, we are providing an opt out notice form you must fill in to Opt Out. You must complete this form by providing your name, address, phone number and the email address(es) you used to sign up and use the TIDAL Service. This is the only way of opting out of this provision. Opting out will not affect any other aspect of the Agreement, or the TIDAL Service, and will have no effect on any other or future agreements you may reach to arbitrate with us.
(h) Court Proceedings. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of New York, New York, or federal court for the Southern District of New York.
-16. Miscellaneous
+
+(i) If you reside in the European Union (“EU”): In accordance with our Content Guidelines, we may make decisions which affect you about (i) whether or not to remove or disable access to or restrict visibility of information; (ii) whether or not to suspend or terminate our provision of the TIDAL Service, in whole or in part, to you; and/or (iii) whether or not to suspend or terminate the your account. Notwithstanding anything to the contrary contained in this Section 14, if you disagree with any such decision, you are entitled to select any out-of-court dispute settlement body certified by the Digital Services Coordinator in the relevant EU member state to resolve a dispute relating to any such decision. TIDAL will engage with the selected certified out-of-court dispute settlement body with a view to resolving the dispute in accordance with the Digital Services Act. You should be aware that TIDAL is not bound by any decision made by a certified out-of-court dispute settlement body. You also have the option to pursue your claim in accordance with the terms of this Section 14.
+15. Miscellaneous
TIDAL may assign this Agreement, and may assign or delegate, in whole or in part, any of its rights or obligations under this Agreement. You may not assign this Agreement, in whole or in part, nor transfer or sub-license your rights under this Agreement, to any third party. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of any other provision of the Agreement, which shall remain in full force and effect. You may have certain rights that cannot be limited by contract under applicable law. These Terms in no way intend to restrict those rights. Any failure by TIDAL or any third-party beneficiary to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision of this Agreement. No waiver shall be effective against TIDAL unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Other than as stated in this Section or as explicitly agreed upon in writing between you and TIDAL, this Agreement constitutes all the terms and conditions agreed upon between you and TIDAL and supersedes any prior agreements in relation to the TIDAL Service, whether written or oral.
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