Spotify General Terms and Conditions of Use - Germany
Valid from September 9, 2015
introduction
Contract changes
Use Spotify
Rights We Grant You
Third Party Applications
User generated content
Rights You Grant Us
User guide
Violations and reporting of user-generated content
Service restrictions and changes
Brand accounts
Spotify Support Community
Customer care
Exportkontrolle
Payments, termination and cooling off
Duration and termination
Warranty and Disclaimer
Limitation of Liability
Third party rights
Full contract
Severability Clause and Waiver
transmission
Indemnification
Choice of law, mandatory arbitration and location
Contact
Hello and welcome to our terms of use.
They are important and concern your rights, please read these and our data protection regulations, as well as the conditions referred to herein, carefully.
We hope you are sitting comfortably and listening to good music.
It starts…
1. Introduction
Thank you for choosing Spotify (“Spotify”, “we”, “us”, “our”).
By registering for or using the Spotify services, websites and software applications (collectively, the “Spotify Services” or “Services”) or accessing any content or material provided by Spotify under the Services (the “Content “), You are entering into a binding contract with Spotify AB, whose contact information and VAT number can be found at the end of the document. The Spotify services also include the Spotify Support Community, as described in section Spotify Support Community.
The Spotify services include social and interactive functions.
Find out more about the Spotify service on our website.
The use of the Spotify services depends on various technical requirements.
Your agreement with us includes these terms and conditions of use ("Terms") and any other agreements to which you agree as described in the Entire Agreement section (collectively, the "Agreements").
If you want to read the terms of the agreements again, you can call up the currently valid version on the Spotify website.
Read the agreements carefully.
They contain important information about the Spotify services we provide to you and the fees, taxes and fees we charge you.
The agreements include information about future changes to the agreements, export controls, automatic renewal, limitation of liability, and data protection information.
Any data you provide during registration can be corrected during registration.
To do this, simply return to the previous pages and correct the incorrect entries.
To use the Spotify Services and access the Content, you must (a) be 18 years of age or older, or 14 years of age or older, and have your parent's or guardian's consent to the Agreements (except as described below ), (b) You must have the authority to enter into a legally binding contract with us and must not be prevented by applicable law and (c) you must be located in a country in which the services are offered.
You also warrant that the data you submitted to Spotify during registration is truthful, correct and complete and that your data is correct at all times.
2. Changes to the contract
We may change the agreements from time to time and at our discretion.
As a rule, such changes do not affect data collections that have arisen in the past.
From time to time we may make editorial changes to the agreement that will not affect your ongoing contractual relationship with us.
Such changes include e.g. B. Correcting typographical errors or updating the contact details listed in the agreement.
If we make changes to the agreement that have an impact on the ongoing contractual relationship with you, we will notify you in a manner that is conspicuous and appropriate to the circumstances.
This can be a conspicuous message within the services or an email.
This notice will contain information about the changes that are about to be made, your right to reject them and the consequences of rejecting them.
So make sure you read these communications carefully.
You will consider the changes to be accepted if you do not reject them within two weeks.
If we use this procedure, we will not make any changes that affect the contractual balance between the service and your consideration, if any.
If you no longer wish to use the services under the new agreements, you can terminate the agreements by notifying us.
To do this, use the contact form for customer care.
3. Use Spotify
Here we have put together some information on how to use Spotify.
3.1 Our services and paid subscriptions
Spotify provides streaming services with a variety of musical and other content.
Certain Spotify services are available to you free of charge.
Other Spotify services require payment before you can access them.
The Paid Spotify Services are currently referred to as "Premium Services" and "Unlimited Services" (collectively the "Paid Subscriptions").
Spotify services that do not require payment to be used are currently offered as "Free Services".
You can find more information about our services on our website.
The "Unlimited Services" may not be available to all users.
You will receive information on the availability of the services during registration.
If you cancel your subscription to the “Unlimited Services” or if the “Unlimited Services” is interrupted (for example, if you change your payment details), you may no longer be able to subscribe to the “Unlimited Services”.
Please note that the "Unlimited Services" may no longer be available in the future.
In this case, you will no longer be billed for the services.
If Spotify no longer offers the "Unlimited Services", we will inform you at least 30 days in advance.
In principle, and unless expressly excluded in the Agreement in relation to audio advertising, Spotify and its business partners may present advertising to Spotify customers through these services.
3.2 Codes and Other Prepaid Offers
If you have purchased or received a code, gift card, prepaid offer or other offer provided or sold by or through Spotify to access a paid subscription (“Code”), the terms and conditions displayed with the code also apply to Your access to the Services and you agree to such terms.
3.3 Tests
From time to time, we or others on our behalf may offer free trial offers of paid subscriptions for a period of time (a “Trial”).
Spotify reserves the right to determine your qualification for such a test at its own discretion and to the extent that it is in Spotify's interest to change or withdraw the test at any time without prior notice and without incurring liability claims to the extent permitted by law .
For some tests, we will ask you to provide us with your payment details so that you can use the test offer.
AT THE END OF THIS TEST WE CAN BILL YOU THE PROPORTIONAL SUBSCRIPTION FEE AUTOMATICALLY FROM THE FIRST DAY OF THE MONTH AFTER THE END OF THE TEST AND FROM THAT TIME.
YOU MUST AGREE TO THIS FEE DURING THE REGISTRATION IN CONNECTION WITH THIS TEST.
BY COMMUNICATING YOUR PAYMENT DETAILS IN CONNECTION WITH THE TEST, YOU AGREE TO THIS FEE, WHICH THE PAYMENT DETAILS PROVIDED WILL BE USED FOR THE SETTLEMENT.
IF YOU DO NOT WISH TO PAY THIS FEE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION ON YOUR SPOTIFY SUBSCRIPTION PAGE OR CANCEL YOUR SPOTIFY ACCOUNT BEFORE THE TEST ENDS.
IF YOU DO NOT WANT TO PAY THIS FEE ON A RECURRENT MONTHLY MONTH, YOU MUST CANCEL THE RELEVANT PAID SUBSCRIPTION ON YOUR SPOTIFY SUBSCRIPTION PAGE OR CANCEL YOUR SPOTIFY ACCOUNT BEFORE THE END OF THE MONTH IN WHICH THE MONTH IN WHICH IT IS BURNED.
PAYABLE OFFERS CANNOT BE CANCELED BEFORE THE PERIOD FOR WHICH THEY HAVE ALREADY PAID EXPIRED AND SPOTIFY WILL NOT BE REQUIRED TO PROVIDE YOU WITH ANYTHING EXPRESSLY SPECIFIED IN THESE TERMS AND CONDITIONS.
YOUR RIGHT OF WITHDRAWAL WILL NOT BE AFFECTED.
THE LIMITATION OF LIABILITY SECTION CONTAINS ADDITIONAL TERMS AND CONDITIONS FOR CANCELING YOUR PAID SUBSCRIPTION.
4. Rights We Grant You
The Spotify Services and Content are owned by Spotify or Spotify's licensors.
We grant you a limited, non-exclusive, revocable license to use the Spotify Services and a limited, non-exclusive, revocable license to use the Content for personal, non-commercial and entertainment purposes (the “License”).
This license will remain in effect unless terminated by you or Spotify as described in these terms and conditions.
You represent and agree that you will use the license for your personal use only, not for commercial or entertainment purposes, and that you will not redistribute or transfer the Spotify services or content.
The Spotify Software Applications and Content are licensed to you but not sold to you, and Spotify and its licensors retain ownership of all copies of the Spotify Software Applications and Content, even after they are installed on your personal computers, mobile devices, tablets and / or other relevant devices ("Devices").
All Spotify trademarks, service marks, trade names, logos, domain names and other features of the Spotify brand ("Spotify Trademarks") are the sole property of Spotify or its licensors.
These agreements do not grant you any right to use any of the Spotify trademarks, for commercial or non-commercial use.
You agree to abide by the User Guides and not to use the Spotify Services, the Content or any part thereof in a manner not expressly permitted by these agreements.
Except as expressly granted to you in these agreements, Spotify does not grant you any right, title or interest in the Spotify services or content.
Third party software (such as open source software libraries) included in the Spotify Services are licensed to you under the agreements or under the terms of such third party software license agreements as set out in your “Help” or “Settings” section Desktop or mobile clients and / or our website are published.
5. Third Party Applications
The Spotify Services are integrated into third party applications, websites and services (“Third Party Applications”) in order to provide you with content, products and / or services.
Third party applications may be subject to their own terms of use and privacy policy that govern your use of these third party applications and whose terms of use and privacy policy govern that use.
You acknowledge and agree that Spotify assumes no responsibility or liability for the behavior, functions, or content of any third party application, or for any transaction you may enter into with the provider of such third party applications.
6. User Generated Content
Spotify users can publish, upload and / or contribute to the services (“post”), including for example images, text, messages, information, playlist compilations and / or other content (“user-generated content”).
For the avoidance of any doubt, it is stated that “User Generated Content” includes all content posted in the Spotify Support Community or other parts of the Spotify Services.
With respect to all User Generated Content that you post on Spotify, you represent that you are authorized to post such content and that such content or the use by Spotify provided for by the agreements does not violate the agreements, applicable laws or intellectual property rights ( including but not limited to copyrights), publication rights, personal rights or other rights of any other person, or implies any imputability or endorsement of your User Generated Content by Spotify or an artist, band, label, legal person or individual without that you have the express written consent of this natural or legal person.
Spotify can, but is not obliged to, monitor, check or edit user-generated content.
In individual cases, Spotify reserves the right, taking your interests into account, to remove or deactivate access to any user-generated content if there are legitimate reasons for this decision.
Such reasons may exist in particular if it is necessary to protect the rights, property or safety of the Spotify users or any other person, if the user-generated content violates the agreements or these violate the rights of a third party.
If so, Spotify will let you know.
We do not promise to eliminate or disable access to any particular user-generated content.
You are solely responsible for all user-generated content that you post.
Spotify is not responsible for any user-generated content or for any opinions expressed in this user-generated content.
YOU AGREE THAT IN THE EVENT OF A CLAIM AGAINST SPOTIFY RELATING TO THE USER-GENERATED CONTENT POSTED BY YOU, SPOTIFY WILL CALL SPOTIFY FROM AND AGAINST ALL DAMAGE CLAIMS, LOSSES AND COSTS, INCLUDING LOSINGS AND COSTS CREATE.
This does not apply if you are not responsible for committing the offense.
7. Rights You Grant Us
Taking into account the rights granted to you under these agreements, you grant Spotify the right to use the processor, bandwidth and storage space on the storage medium of your device in order to provide the services to you.
If you want to provide feedback, ideas or suggestions in connection with the Spotify services or content ("Feedback") to Spotify, you agree that your feedback is not confidential and that you grant Spotify the right to provide your feedback without restriction and free of charge to use.
Your feedback is considered a type of user-generated content.
You grant Spotify a non-exclusive, transferable, sublicensable, royalty-free, perpetual, irrevocable, fully remunerated, worldwide license to use, reproduce, make publicly available (e.g. for performance or exhibition), publish, translate, alter, create derivative works and dissemination of your user-generated content in connection with the services via any medium, whether exclusively or in connection with other content or materials, in any way and in any way, process or technology, regardless of whether it is already known today or is developed afterwards.
Apart from the rights specifically granted herein, you retain all rights, including intellectual property rights, to user-generated content.
You also agree to revoke any rights in relation to (i) your right to recognition of the authorship of any User Generated Content, including feedback, (ii) the right to withdraw your granted rights to such User Generated Content due to change in belief, and (iii) that Right to object to degrading treatment of user-generated content, not to assert it.
8. User Guide
Spotify respects intellectual property rights and industrial property rights and requires you to do the same.
We have established some basic rules that you must adhere to while using the service, so that Spotify remains fully usable for everyone.
Please follow these rules and ask other users to do the same.
The following is not permitted under any circumstances:
copy, forward, reproduce, "rip", record, transmit, perform or make available to the public, broadcast or otherwise use the Spotify services or content in any way; that is not expressly permitted in the Agreements or under applicable law, or that infringes any intellectual property rights (such as copyrights) in the Spotify Services or any part of it;
use the Spotify services to import or copy local files for which you do not have the right to import or copy them in this way;
to transfer content from the cache of an authorized device to another device in any way;
Reverse engineering, decompiling, de-assembling, modifying or creating derivative works based on the Spotify Services, Content or any portion thereof, except as permitted by applicable law;
Circumventing any technology used by Spotify, its licensors or any third party to protect the content or services;
Sell, rent, sublicense or lease any portion of the Spotify Services or the Content;
Circumventing the geographic restrictions applied by Spotify or its licensors;
Artificially increase the Play Count or otherwise manipulate the Services through a script or automated process;
remove or modify any copyright, trademark, or intellectual property notice contained in or provided through the Spotify Services (including for the purpose of disclosing or altering the owner or source of any content);
Sharing your password with anyone else or using someone else's username and password;
"Crawling" the Spotify Services or using other automated means (including bots, scrapers and spiders) to collect information from Spotify or
Selling a user account or playlist or accepting any other compensation, whether financial or otherwise, for influencing the name of a user account or playlist or the contents of a playlist or user account.
Respect Spotify, the content owners, and other users of the Spotify Services.
Do not participate in any activity, post or register and / or use a username if any of the following applies or if it contains material that:
suggestive, abusive, defamatory, pornographic, threatening or obscene;
is illegal or for the promotion or commission of any unlawful act of any kind, including, but not limited to, infringement of intellectual property rights, privacy rights, personal rights, or the property rights of Spotify or any third party;
that contains your password or intentionally contains the password of another user or that intentionally contains personal data of a third party or is intended to be used to obtain such personal data;
that contains dangerous content such as malware, trojans or viruses or that otherwise interferes with a user's access to the services;
that is intended to or serves to harass or bully other users;
Pretends or misrepresents your association with any other user, person or entity or is in any other way fraudulent, false, misleading or misleading;
uses the automated means to artificially promote content;
that involves the transmission of unsolicited mass emails or other forms of spam (“Spam”), commercial mail, chain letters or the like, including via the Spotify mailbox;
includes commercial sales activities, including advertising, promotions, contests, sweepstakes, or pyramid schemes that are not expressly authorized by Spotify;
Links to, references to, or otherwise promoting any commercial product or service other than those expressly authorized by Spotify;
Interferes with or interrupts the Spotify services in any way, manipulates or violates them or examines the weaknesses of the services or in the computer systems, networks, rules of use or security elements, authentication measures or any other protective measure of the services or content of Spotify or any part thereof or tests, or
violates the agreements as determined by Spotify.
You acknowledge and agree that posting such inadmissible user-generated content may temporarily or - in the event of a material or repeated infringement - taking into account your legitimate interests, lead to your Spotify account being permanently blocked.
In this case, Spotify will inform you accordingly in advance.
You further agree that Spotify may reclaim your username for any legitimate reason.
Use Spotify services carefully and be careful when sharing your content.
The Spotify Services include social and interactive features, including the ability to post user-generated content, share content and post certain information about yourself.
Remember that any shared or publicly available information can be reused or further shared by other Spotify users on the Internet, so use Spotify carefully and exercise care when sharing your content.
Spotify is not responsible for your selection of the material you post on the Services.
Your password protects your user account and you are solely responsible for keeping your password confidential and secure.
You are also obliged not to disclose your user account to third parties and to protect your password from being accessed or used by unauthorized third parties.
You acknowledge that you are responsible for any use of your username and password for the Services, insofar as this is caused by at least negligent acts or omissions.
If you have lost or stolen your username and password, or if you believe that your account has been used by a third party without your knowledge, contact us immediately and change your password as soon as possible.
9. Violations and reporting of user-generated content
Spotify respects the rights of intellectual property owners.
If you suspect that any content infringes your intellectual property rights or other rights, read Spotify's copyright terms.
If Spotify is informed by a copyright holder that a content infringes a copyright, Spotify may take action at its own discretion without notifying the user providing the content in advance.
If the providing user is of the opinion that the content does not infringe any copyright, the providing user can submit a counter-notification to Spotify and request the restoration of the removed content.
If you believe that any piece of content violates the user guidelines, please contact our customer care department.
10. Limitations and Changes to the Service
Spotify will use all reasonable endeavors to keep the Services operational.
However, certain technical difficulties may occasionally arise which lead to a temporary interruption.
You acknowledge, agree, and accept that Spotify has no obligation to upgrade or update the Services or to provide all or specific content through the Services.
The contractual obligation to provide the Spotify service does not exceed 95% in any month.
The special service of Spotify is to provide the services for streaming music and also to listen to music offline for premium users.
All other features are optional and can be removed or replaced by Spotify at any time.
Notwithstanding the foregoing, if you have prepaid fees for a paid subscription that Spotify cancels permanently before the subscription expires (see the Payments, Cancellation and Cooling Period section), Spotify will reimburse you for the prepaid period following such cancellation .
11. Brand Accounts
When you create a Spotify Account on behalf of a company, organization, legal entity or brand (a "Brand" or such an account, "Brand Account"), the terms "you", "your", how they are used in all parts of the agreements, to you and the brand, as applicable.
When you open a branded account, you represent and warrant that you are authorized to grant all powers and licenses under the agreements and thereby bind the brand to the agreements.
11.1 Folger
The mark may only follow those users who followed the mark first and the mark may not engage in any act implying a partnership or relationship between the mark and the user it follows, unless the mark on its own and independently does not Has acquired rights as a prerequisite for such a partnership.
The brand must comply with a request made by Spotify in its sole discretion to stop following a user.
11.2 entertainment
The brand is not allowed to stream media.
11.3 News
The brand is allowed to send messages only to the users who first sent a message to the brand.
11.4 Brand and Parts Playlists
The Brand may not create or share a Spotify playlist, whether within the Spotify Services or elsewhere, suggesting a partnership or relationship between the Brand and an artist or other party, unless the Brand is stand-alone and independent acquired the rights required for such a partnership.
Brands should read Spotify's Branded Playlist Guidelines.
12. Spotify Support Community
The Spotify Support Community provides space for discussion and the exchange of information, tips and other materials related to the Spotify services.
If you want to use the Spotify Support Community, you must (1) have an active Spotify account and (2) authenticate your Spotify account to use the Support Community (a “Spotify Support Account”).
Instructions on how to create a Spotify support account can be found on the community registration page.
Apart from the agreements, you agree to comply with the guidelines for the Spotify Support Community that are displayed to you during registration (the “Support Community Guidelines”) when using the Spotify Support Community.
If you do not agree to these agreements or the Support Community Guidelines, you will not be able to use the Spotify Support Community.
12.1 Spotify Support Account
By creating a Spotify support account, you confirm that all data transmitted to Spotify during registration is truthful, accurate and complete and that you will keep this data up-to-date and up-to-date.
It is strictly prohibited to include information on your profile that suggests that you are a Spotify employee or moderator or that you are such an employee or moderator while using the Spotify Support Community.
You further consent and agree that Spotify may remove or reclaim your username for any legitimate reason.
12.2 No official support
User-generated content or other content posted by Spotify employees, moderators and / or representatives of the Spotify Support Community must not be construed as official support from Spotify.
For details on official support, see the Customer Support section.
All content provided or made available to you through the Spotify Support Community by Spotify employees, moderators and / or agents is “as is” and without any warranty of any kind.
You acknowledge that the opinions expressed in User Generated Content in the Spotify Support Community are those of the users providing that User Generated Content and in no way represent the opinions or policies of Spotify or its officers, shareholders, employees, agents, directors, subsidiaries, partners, Are suppliers or licensors.
12.3 Rewards Program
The Spotify Support Community uses a system that allows Spotify, in its sole discretion, to reward users based on "kudos" received or the quality of a user's responses.
You agree to give kudos only to other users (and not to yourself) and only if they have been earned and from any attempt to use the reward system e.g. B. to manipulate by creating several accounts or artificial answers, to refrain.
You acknowledge that Spotify's decision regarding the reward is final and binding.
13. Customer support
If you have any questions about your account or payments (“Questions to Customer Care”), send a ticket to our customer service using the customer care contact form in the “About Us” section of our website.
We will make all reasonable efforts to answer all customer care questions within a reasonable period of time, but we make no guarantee and do not represent that all customer care questions can be answered satisfactorily within a specified period of time.
14. Exportkontrolle
You represent to us that you (1) are not a resident of Cuba, Iran, North Korea, Sudan or Syria; and (2) a Prohibited Party List is not included here.
In particular, you agree that you will not, directly or indirectly, use any product, software, or technology (including products derived from or based on such technology) that Spotify makes available to you under the Agreement for any destination, entity, entity or person , sell, export, re-export, transfer, distribute or otherwise dispose of which is prohibited from doing so under any applicable law without obtaining the legally required consent of the appropriate government agency.
This export control clause remains in effect even after the termination or termination of the agreements.
15. Payments, termination and cooling off
Paid Subscriptions can be purchased by either (1) paying a monthly subscription fee or (2) prepayment, which allows you to use the Spotify Services for a specified period of time (“Prepaid Period”).
If you have purchased a paid subscription by using a code, your subscription will automatically end at the end of the prepaid period or if there is insufficient balance in your prepaid account for the services.
When you register online for a paid subscription, trial or code, you agree to get instant access to Spotify Premium.
If you register online for a paid subscription or a code and are based in Germany, the following rights of withdrawal apply to you:
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day the contract is concluded.
In order to exercise your right of withdrawal, you must send a clear declaration to us (Spotify AB, Birger Jarlsgatan 61, 113 56 Stockholm, Sweden, email: kundendienst_de@spotify.com) (e.g. a letter sent by post, fax or email ) of your decision to withdraw from this contract.
You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the inexpensive standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract.
For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
In the case of a contract for the delivery of digital content that is not on a physical data carrier, the right of withdrawal also expires if the entrepreneur has started to execute the contract after the consumer 1. has expressly agreed that the entrepreneur should proceed with the execution of the contract The expiry of the withdrawal period begins, and 2. has confirmed that he is aware that he will lose his right of withdrawal by consenting to the execution of the contract.
In accordance with the statutory provisions, we provide information on the model cancellation form as follows: Model cancellation form (If you want to cancel the contract, please fill out this form and send it back.) -
To Spotify AB, Birger Jarlsgatan 61, 113 56 Stockholm, Sweden, email: kundendienst_de@spotify.com - I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the the following goods (*) / the provision of the following service (*) - Ordered on (*) / received on (*) - Name of the consumer (s) - Address of the consumer (s) - Signature of the consumer (s) (s) (only with notification on paper) - Date (*) delete inapplicable You can also exercise your right of withdrawal using our online contact form (to be found here).
If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by email).
If you purchased your paid subscription as a prepaid period and you paid Spotify (or a third party through whom you purchased your paid subscription, such as a telephone company), your subscription will automatically renew at the end of the subscription period if you Do not cancel your paid subscription from your subscription page before the current subscription expires.
The cancellation will take effect the day after the last day of your current paid subscription period and you will be downgraded to the free service.
16. Duration and termination
This contract only loses its validity upon termination by you or Spotify.
However, you acknowledge and agree that the permanent license granted by you in connection with the user-generated content, including feedback, is irrevocable and remains in effect even after the termination of the agreements.
Spotify may terminate or block these agreements or your access to the content of the Spotify services at any time for legitimate reasons, taking into account your legitimate interests, including in the event of unauthorized use of the Spotify services and / or content or failure to comply with the agreements.
Both Spotify and you can terminate the agreement at any time by giving 14 days' notice to the end of the month.
If you or Spotify terminate the Agreement or if Spotify blocks your access to the Spotify Services, you agree that Spotify's liability is limited to the provisions in Clause 18.
To find out how to cancel your Spotify account, please contact us using the customer service contact form on our About Us page.
Sections 6, 7, 14, 17, 18, 19, 21, 23 and 24 of these terms and conditions and other sections of the agreements that explicitly or by their nature must remain in effect after the termination of the agreements will remain in effect.
17. Warranty and Disclaimer
WE ENOUGH TO PROVIDE YOU WITH THE BEST POSSIBLE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT THE SPOTIFY SERVICES ARE "AS IS" AND "AS AVAILABLE" (SEE SECTION 10) BECOME.
YOU USE THE SPOTIFY SERVICES AT YOUR SOLE RISK.
IN PARTICULAR, SPOTIFY DOES NOT WARRANT THE FITNESS OF THE SPOTIFY SERVICES FOR A PARTICULAR PURPOSE AND / OR THE FITNESS FOR A PARTICULAR PURPOSE WHICH GENERALLY AND REASONABLY MAY BE EXPECTED FROM A SIMILAR SERVICE.
SPOTIFY MAKES NO WARRANTY UNLESS THIS IS EXPRESSLY AGREED ELSEWHERE.
EXCLUSIVELY THE WARRANTY CONDITIONS APPLY.
YOUR STATUTORY RIGHTS AS A CONSUMER WILL NOT BE AFFECTED.
18. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY TO RESOLVE PROBLEMS OR IN THE EVENT OF ANY SATAPISTIC WITH THE SPOTIFY SERVICES IS TO DE-INSTALL AND USE ANY SPOTIFY SOFTWARE.
BECAUSE SPOTIFY ASSUMES NO LIABILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT OF THESE APPLICATIONS AND AS YOUR RELATIONSHIP WITH THIS THIRD PARTY ARE SUBJECT TO SEPARATE AGREEMENTS WITH THESE THIRD PARTIES, IT IS LEGALLY PERMITTED OR APPLIED TO THE SCOPE OF THIRD PARTIES THE DE-INSTALLATION AND / OR TERMINATION OF USE OF SUCH THIRD PARTY APPLICATIONS.
TO THE FULL, LEGALLY PERMITTED SCOPE AND IN NO EVENT ARE SPOTIFY, ITS MANAGING EMPLOYEES, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, PARTNERS, LEGAL SUCCESSORS, SUBSCRIBERS, SUBSCRIBERS, EXCLUSIVE SUBSCRIBERS, SUBSCRIBERS, SUBSCRIPTION OR CONSEQUENTIAL DAMAGES, (2) ALL LOSS OF DATA, BUSINESS OPPORTUNITIES OR PROFITS (EITHER DIRECT OR INDIRECT), IN ALL CASES DUE TO THE USE OR THE INABILITY TO USE THE THIRD-PARTY SPOTIFY APPLICATIONS , REGARDLESS OF THE LEGAL BASIS, AND REGARDLESS OF WHETHER SPOTIFY HAS BEEN AWARE OF THE POSSIBLE RISK OF SUCH DAMAGES AND EVEN IF A REMEDY IS FAILED FOR ITS OWN PURPOSE FOR ALSO, THIRD PARTIES, OR (3) THE GAME OR THE CONTENTS OF THE APPLICATIONS OF THIRD PARTY ARISING REQUIREMENTS HIGHER I ST THAN THE AMOUNTS PAID BY YOU DURING THE PREVIOUS 12 MONTHS, TO THE EXTENT OF THE LAW.
Nothing in these agreements releases or limits Spotify's liability for fraud, fraudulent misrepresentation, death or personal injury resulting from its negligence and, where required by law, gross negligence.
Some paragraphs in this section may not apply in some jurisdictions where applicable law does not allow it.
Furthermore, Spotify is fully liable for damage resulting from damage resulting from injury to life, body or health.
In the event of a breach of essential contractual obligations due to simple negligence, Spotify is only liable for damage or costs that were typically foreseeable.
Essential contractual obligations are those obligations (i) which primarily constitute the actual execution of the contract, (ii) the breach of which jeopardizes the achievement of the execution of the contract and (iii) the execution of which you can legitimately rely on.
Beyond the aforementioned cases, Spotify's liability is excluded.
In such cases, your only and exclusive remedy to resolve any problem or dissatisfaction with the Spotify Services is to uninstall any Spotify software and stop using the Spotify Services.
Since Spotify has no liability for any third party applications or the content of those applications, and since your relationship with such third parties is subject to separate agreements with those third parties, your only remedy, to the extent permitted by law, with respect to Spotify is in the event of problems or dissatisfaction with the third party applications or theirs Contents the de-installation and / or termination of the use of such third-party applications.
19. Third party rights
You acknowledge and agree that the owners of the content and certain distributors (such as app store providers) are beneficiaries of the agreements and are entitled to enforce the agreements directly against you.
Other than as described in this section, the agreements are not intended to give any rights to anyone other than you and Spotify, and in no event will any third party benefit from these agreements.
In addition, the rights to terminate, dissolve, or agree to any change, waiver, or execution of the agreements are not subject to the approval of any other person.
If you downloaded the app from the Apple Inc. (“Apple”) app store or if you use the app on an iOS device, you acknowledge that you have read and understood the following notice regarding Apple and agree to this.
This agreement is only between you and Spotify and not with Apple.
Apple is not responsible for the services or content of the Services.
Apple is under no obligation to provide any maintenance or support services in relation to the Services.
If the Services do not conform to an applicable warranty, you will notify Apple and Apple will reimburse you for the purchase price of the respective app and Apple has no further warranty obligation with respect to the Services to the extent permitted by law.
Apple will not be responsible for handling your or any third party's claims in relation to the Services or your property and / or use of the Services, including: (1) product liability claims, (2) any claims relating to the non-compliance of the Services with applicable laws legal or official regulations and (3) claims arising from consumer protection legislation or similar laws.
Apple is not responsible for investigating, defending, settling, or discharging any claim by any third party that the Services and / or your property and use of the App infringe that third party's intellectual property rights.
You declare that you will comply with the applicable provisions of third parties while using the services.
Apple and its affiliates are the beneficiaries of this Agreement, and by agreeing to this Agreement, Apple will have the right (and will be deemed to have been accepted by Apple) to enforce this Agreement against you as the beneficiary of this Agreement.
You hereby represent and warrant that (1) you are not resident in a country affected by an embargo by the US government or a country that has been classified by the US government as a "Terrorism Supporting Country" and (2 ) That they are not on any US government prohibited or restricted list.
20. Full contract
Except as described in this section or express agreements made in writing between you and Spotify, the agreements constitute all terms and conditions agreed between you and Spotify and supersede any prior oral or written agreements relating to the subject matter of these agreements.
Note, however, that other aspects of use of the Spotify Services may be subject to additional agreements.
This includes, for example, access to the Spotify services as a result of a gift card or free or discounted tests.
If you receive an offer for such an aspect of your use, you will be shown additional agreements relating to this.
You are given the opportunity to agree to these additional agreements.
Some of the additional terms are listed on the Spotify website.
21. Severability Clause and Waiver
Unless otherwise stipulated in the agreements and a provision of this agreement is invalid or unenforceable for any reason and scope, this ineffectiveness or unenforceability does not affect the remaining provisions of the agreements or make them ineffective or unenforceable and the application of this provision becomes by law permissible framework enforced.
Failure to enforce the agreements by Spotify or a beneficiary third party of these agreements does not mean that Spotify or the beneficiary third party waives its enforcement.
22. Transfer
Spotify may delegate these agreements or parts of these agreements and Spotify may delegate its obligations under these agreements.
You cannot assign these agreements or parts of these agreements to a third party, nor can you sublicense your rights under these agreements.
23. Indemnification
You agree to indemnify and hold Spotify harmless from all damages of any kind (including reasonable legal costs) if: (a) you breach this Agreement; (b) these arise due to your user-generated content; (c) these arise as a result of activities that you take up via the Spotify services and (d) if you violate the laws and rights of third parties.
The indemnity clause above does not apply if you were not at fault for causing the specific breach.
24. Choice of law, mandatory arbitration and location
Applicable law / place of jurisdiction
Unless required by the legislation of a member state of the European Union or another legal system, the agreements (and all non-contractual disputes / claims arising from or in connection with them) are subject to the laws of the Federal Republic of Germany, regardless of the regulations on choice of law and conflict of law rules.
Spotify does not recognize any codes of conduct as mandatory in connection with the services provided under the agreements.
25. Contact
If you have any questions about the Spotify Services or the agreements, please contact Spotify Customer Care.
To do this, use the "About us" section on our website.
Thank you for reading our terms and conditions.
We hope you enjoy Spotify.
Contracting entity:
Spotify AB
Regeringsgatan 19, SE-111 53 Stockholm
Sweden (Sweden)
SE556703748501
© Spotify AB.