https://web.archive.org/web/20170203080106/https://www.spotify.com/pl/legal/end-user-agreement/
Terms of Use for the Spotify Service
Effective on November 1, 2016
1. Introduction
2 Amendments to Agreements
3 Using Spotify
4 Rights We Grant You
5 Third Party Applications
6 User Generated Content
7 Rights You Grant Us
8 User Guidelines
9 Infringement and reporting User Content
10 Website limitations and modifications
11 Brand Accounts
12 Spotify Support Community
13 Customer Service
14 Export Control
15 Payments, Cancellation and Cooling-off Period
16 Term and Termination of the Agreements
17 Warranty and Disclaimer
18 Limitation
19 Third Party Rights
20 Entire Agreement
21 Severability and Exclusion of Terms
22 Assignment
23 Indemnification
24 Governing Law, Compulsory Arbitration, and Venue
25 Contact
Welcome, we present our Terms of Use.
These terms and conditions are important and affect your rights, so please read them and our Privacy Policy and other terms mentioned in this document carefully.
Sit back and get ready to enjoy some good music.
We start ...
1. Introduction
Thank you for choosing Spotify (hereinafter referred to as "Spotify," we "," us "," our ").
By registering or otherwise using the Spotify website, websites and applications (collectively the "Spotify Service" or the "Service") or accessing any content or material provided by Spotify through the Service (hereinafter referred to as "Content") , you are entering into a binding contract with the Spotify entity identified at the end of this document.
The Spotify Service also includes the Spotify Support Community, as detailed in the Spotify Support Community section.
Spotify includes social and interactive features.
The use of the Spotify Service depends on the fulfillment of several technical requirements.
Your contract with us includes these Terms of Use (hereinafter referred to as the "Terms") and our Privacy Policy. (
The Regulations, the Privacy Policy and any additional terms you agree to, described in the Entire Agreement section, are hereinafter collectively referred to as "Agreements").
If you wish to view the terms of the Agreements, you will find the version of the Agreements on the Spotify website.
You acknowledge that you have read and understood the Agreements, accept them, and agree to be bound by their terms.
If you do not agree to the provisions of the Agreements (or are unable to comply with them), you may not use the Spotify Service or any Content.
Read the Agreements carefully.
They contain important information about the Spotify Service services we provide to you and about any fees and taxes we collect on you.
The Agreements contain information regarding future amendments to the Agreements, export controls, automatic renewal, limitations of liability, privacy notices, class action waivers, and dispute resolution through arbitration instead of court proceedings.
Any data provided by you during registration can be corrected during the registration process by returning to the previous screens and correcting incorrect information.
To use the Spotify Service and access Content, you must (1) be at least 18 years of age, or be at least 13 years of age and obtain consent from your parent or guardian to enter into Agreements (except as set out in the table below); (2) have the legal capacity to enter into a binding contract with us and may not be barred / prohibited from entering into such contracts under any applicable law; and (3) live in a country where the Website is available.
You also agree that any registration information you provide to Spotify is true, accurate and complete, and you undertake to ensure that it is always so.
If you are a resident of one of the countries listed below, please refer to this table for age restrictions in your country:
Country Age requirements
Chile, Ecuador, Paraguay, Peru You must be at least 18 years old, or you must be at least 15 years old and have parental or guardian consent.
Brazil You must be 18 years or older, or 16 years or older with parental or guardian consent.
Nicaragua, Taiwan You must be at least 20 years old, or you must be at least 13 years old and have parental or guardian consent.
Bulgaria, Hungary, Germany You must be at least 18 years old, or you must be at least 14 years old and have parental or guardian consent.
Italy You must be 13 years of age or older to use the Free Service.
To register for a Paid Service, you must be at least 18 years old, or you must be at least 13 years old and have parental or guardian consent (your parents / guardians will enter into the contract on your behalf).
Malaysia You must be at least 18 years of age, and if you are between 13 and 18 years old you must obtain consent from a parent or guardian; the contract is concluded by the guardian.
Lithuania You must be at least 13 years of age to use the Website.
For Paid Services, you must be 18 years or older, or you must be 14 years or older with parental or guardian consent.
If you are between 13 and 18 years old, your guardian enters into the contract.
Canada You must be 13 years of age or older to use the Service.
For Paid Services, you must be the legal age of majority in your province or territory of residence, or be at least 13 years of age and have parental or guardian consent.
Spain You must be at least 14 years of age to use the Free Service.
To register for a Paid Service, you must be at least 18 years old, or you must be at least 14 years old and have parental or guardian consent (your parents / guardians will enter into the contract on your behalf).
2 Amendments to Agreements
We may amend the Agreements from time to time at our discretion.
When making material changes to the Agreements, we will notify you in a clear and appropriate manner, e.g.
by displaying clearly visible information on the Website or by sending you an e-mail.
In some cases, we will notify you in advance and your continued use of the Website after the changes are made will constitute your acceptance of such changes.
Therefore, please read these notifications carefully.
If you do not want to continue using the Website after the new versions of the Agreements come into force, you can terminate the Agreements by contacting us via the contact form of the Customer Service Department.
3 Using Spotify
Below you'll find some information on all the ways to use Spotify.
3.
1 Our Free and Paid Services
Spotify provides streaming services by offering music and other content.
Some Spotify services are free.
Other Spotify services require payment of a fee before accessing them.
Spotify services that can only be accessed upon payment are now referred to as "Premium Service" and "Unlimited Service" (collectively, "Paid Services").
The Spotify service that does not require payment is now known as the "Free Service".
You can learn more about our services by visiting our website.
The Unlimited Service may not be available to all users.
During registration, we will explain which services are available to you.
If you unsubscribe from the Unlimited Service, or if your subscription to the Unlimited Service is terminated (for example, due to a change in your payment details), you may not be able to re-subscribe to the Unlimited Service.
We may opt out of the Unlimited Service in the future; in this case, we will not charge you for this Service.
If you live in Turkey, your access to the Free Service will be limited after a certain period of time.
3.
2 Codes and Other Prepaid Offers
If you have purchased or received a code, gift card, prepaid offer or other offer to access a Paid Service, provided or sold by Spotify or on our behalf (the "Code"), your access to the Service may also apply separately, presented with with the Code, regulations that you agree to abide by.
3.
3 Trials
From time to time, we, or a third party acting on our behalf, may offer trial versions of Paid Services for a specified period of time without payment or at a reduced price (so-called "
Trial version").
Spotify reserves the right, at its sole discretion, to determine your eligibility to use the Trial and, in accordance with applicable law, to withdraw or modify the Trial at any time without prior notice and without incurring any liability, to the maximum extent permitted by law.
For some Trials, we will require you to provide your payment details before you can start using the Trial.
AT THE END OF THE VALIDITY PERIOD OF THESE TRIAL VERSIONS, ON THE FIRST DAY AFTER THE END OF THE PERIOD OF USE OF THE TRIAL VERSION, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE PAID SERVICE; FEES WILL BE CHARGED MONTHLY.
BY PROVIDING YOUR PAYMENT DATA IN CONNECTION WITH THE TRIAL VERSION, YOU AGREE TO COLLECT THIS FEE WITH THE USE OF THIS PAYMENT DATA.
IF YOU DO NOT WANT TO PAY THIS FEE, YOU MUST STOP USING THE PAYABLE SERVICE ON THE SUBSCRIPTION SPOTIFY ACCOUNT PAGE OR DELETE YOUR SPOTIFY ACCOUNT BEFORE YOU END OF YOUR PERFORMANCE.
IF YOU WANT TO INTERRUPT YOUR MONTHLY PAYMENT, YOU MUST STOP USING THE PAYMENT SERVICE ON THE SUBSCRIPTION SPOTIFY ACCOUNT OR DELETE YOUR MEMBER SPOTIFY ACCOUNT.
PAID SERVICES CANNOT BE CANCELED BEFORE THE END OF THE PERIOD FOR WHICH ALREADY HAVE BEEN PAID; EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, SPOTIFY WILL NOT REFUND ANY FEES YOU HAVE ALREADY PAID.
SECTION LIMITED FOR ADDITIONAL TERMS RELATING TO CANCELLATION OF PAID SERVICES.
4 Rights We Grant You
The Spotify Service and Content are the property of Spotify and Spotify's licensors.
We grant you a limited, non-exclusive, revocable license to use the Spotify Service and a limited, non-exclusive, revocable license to use the Content for your own personal, non-commercial, entertainment use ("License").
The license remains valid until canceled by you or Spotify.
You agree and agree that you will use the Content for your own personal, non-commercial, entertainment use, and that you will not redistribute or transfer the Spotify Service or the Content.
We license the Spotify Apps and Content to you and are not sold; Spotify and its licensors remain the owner of all copies of the Spotify applications and Content even after they are installed on your personal computers, headsets, mobile phones, tablets and / or other appropriate devices ("Devices").
All trademarks, service marks, trade names, logos, domain names and other Spotify brand elements ("Spotify Brand Elements") remain the sole property of Spotify or Spotify's licensors.
The agreements do not grant you any rights to use any Spotify Brand Elements, whether for commercial or non-commercial purposes.
You agree to abide by our User Guidelines and not to use the Spotify Service, the Content, or any part thereof in any way not expressly permitted in the Agreements.
Except for the rights expressly granted to you in these Agreements, Spotify does not grant you any rights, title or interest in the Spotify Service and Content.
Third party software (for example, open source software libraries) contained on the Spotify Service is licensed in accordance with the Agreements or license terms of the respective open source library set out in the Help and Settings sections of our desktop and mobile applications and / or on our website. website.
5 Third Party Applications
Spotify is integrated with third party applications, websites, and services ("Third Party Applications") so that you can access content, products, and / or services.
These Third Party Apps may have their own terms or privacy policies, so your use of these Third Party Apps will be subject to these terms and privacy policies.
You understand and agree that Spotify does not endorse, and is not responsible for, the operation, functionality or content of any Third Party Application or any transactions you may enter into with the provider of any Third Party Application.
6 User Generated Content
Spotify users may post, upload and / or post ("publish") content (which may include, for example, graphics, text, messages, information, compilations of playlists and / or other types of content) on the Service ("User Content").
For the avoidance of doubt, "User Content" shall include any content posted on the Spotify Support Community as well as any other part of the Spotify Service.
You agree that with respect to all User Content you post on Spotify, (1) you have the right to post that User Content, (2) that User Content and Spotify's use of it in accordance with these Agreements do not breach these Agreements, applicable law, intellectual property rights (including but not limited to copyrights), publicity, personal property or other rights of third parties, nor does it imply Spotify's affiliation with you or your User Content, or Spotify's endorsement of you, your User Content or any other artist, band, brand, entity or individual without written consent from that individual or entity.
Spotify may, but is not obligated to, monitor, analyze and edit User Content.
In all cases, Spotify reserves the right to remove or disable access to any User Content for any or no apparent reason, including, without limitation, User Content which, in Spotify's sole discretion, violates these Agreements.
Spotify may take these actions without prior notice to you or any other third party.
The decision to remove or disable User Content will be made by us at our discretion; we make no commitment to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post.
Spotify is not responsible for User Content, nor does Spotify endorse any opinion contained in any User Content.
Undertake that if anyone TRANSFER v Spotify claim on your published USER CONTENT, it is within the permitted by law TOPICAL release Spotify from liability for all damages and losses and expense of any nature (INCLUDING REASONABLE fees and expenses ATTORNEY) resulting from such CLAIMS.
7 Rights You Grant Us
In exchange for the rights granted to you under the Agreements, you grant us the right (1) to allow the Spotify Service to use the processor, bandwidth and memory of your Device to facilitate the operation of the Service; (2) to send you advertising and other messages; and (3) to enable our business partners to do the same.
In any part of the Spotify Service, the Content you view, including its selection and posting, may be influenced by commercial matters, including agreements with third parties.
Certain content licensed or delivered to Spotify (e.g.
podcasts) may include advertisements.
In such cases, Spotify provides users with such content unchanged.
If you provide Spotify with feedback, ideas or suggestions relating to the Spotify Service or the Content ("Feedback"), you acknowledge that such Feedback is not confidential; you also authorize Spotify to use such Feedback for free and without restriction.
Feedback is considered a type of User Content.
You grant Spotify a non-exclusive, transferable, sublicensable, royalty-free, perpetual (or - in jurisdictions where this is not permitted - for the duration of the Agreements extended by 20 (twenty) years), irrevocable, fully paid for, worldwide a license for use, reproduction, public disclosure (eg.
playing or displaying), publishing, translating, modifying, creating derivative works based on them and disseminating any of your User Content in connection with the Website, via any medium, alone or in combination with other content or materials, in any way and using any means, method or technology known now or developed in the future.
In addition to the rights expressly granted herein, you remain the owner of all rights in User Content, including intellectual property rights.
Where applicable permitted by applicable law, you also agree to waive any "moral rights" (or their equivalents provided for by applicable law), such as the right to be credited as the author of any User Content, including Feedback, as well as the law to object to any breach of the integrity of such User Content.
8 User Guidelines
Spotify respects intellectual property rights and expects you to do the same.
We have developed some basic rules that should be followed when using the Website; thanks to them Spotify will be a friendly place for everyone.
Please respect these rules and encourage other users to do the same.
The following actions are not allowed, regardless of motivation:
copying, redistributing, duplicating, copying data from an audio or video source to a hard drive ("ripping"), recording, transmitting, publicly playing or showing, broadcasting or publicly sharing any portion of the Spotify Service or Content, or any other use of the Spotify Service or the Content which is not expressly permitted in the Agreements, is not expressly permitted by applicable law, or otherwise infringes any intellectual property rights (such as copyrights) in the Spotify Service or the Content or any part thereof;
using the Spotify Service to import or copy any local files that you do not have the right to import or copy;
transferring copies of cached Content from an authorized Device to any other Device by any means;
source code reverse engineering, decompilation, ungrouping, modification or creation of derivative works based on the Spotify Service, the Content or any part thereof, unless permitted by applicable law;
circumvent any technology used by Spotify, Spotify's licensors or any third party to protect the Content or Service;
selling, renting, sublicensing or leasing any Spotify Service or Content;
circumvent any territorial restrictions imposed by Spotify or Spotify's licensors;
artificially increasing the playback counter or otherwise manipulating the Website through the use of a script or other automated process;
remove or alter any copyright or trademark notices or other intellectual property notices contained on or presented through the Spotify Service (including to hide or alter any information about the owners or source of any Content);
communicating your password to any other person or using any other person's username and password;
browsing the Spotify Service by crawling or otherwise, using any automated means (including bots, crawlers and web copying programs) to collect information from Spotify or
selling a user account or playlist, or otherwise accepting any compensation, financial or otherwise, to influence the name of the account or playlist, or the content on the account or playlist.
We ask that you respect Spotify, the owners of the Content, and other users of the Spotify Service.
Do not take part in any activity, post any User Content, register or use any usernames that are of the following nature or include material:
offensive, harassing, defamatory, pornographic, threatening or obscene;
unlawful or intended to promote or commit an illegal act, including, but not limited to, infringement of any intellectual property rights, privacy rights, or proprietary rights of Spotify or a third party;
containing your password or intentionally containing the password of any other user, or intentionally containing personal data of third parties or aimed at obtaining such personal data;
containing harmful content, such as malware, Trojan horses or viruses, or otherwise preventing other users from accessing the Website;
intended to harass or harass other users, or actually harass or harass them;
imitating or misleading your affiliation with other users, persons or entities or containing any other false, fraudulent or misleading information;
using automated means to artificially promote content;
related to the mass transmission of unsolicited messages or other forms of spam (hereinafter "spam"), chain letters or similar messages, also via the Spotify inbox;
involving commercial or sales activities, such as advertising, promotion, contests, sweepstakes or pyramid schemes, not expressly authorized by Spotify;
containing references or references to commercial products or services or otherwise promoting such products or services, except as expressly permitted by Spotify;
violating or in any way disrupting the operation of the Spotify Service, manipulating, infringing or attempting to investigate, scan or test the Spotify Service or computer systems, networks, rules of use or any other protection elements of Spotify, methods of authentication or any other means of protection of the Website, Content or their any part for weak spots; or
contrary to the Agreements, in the opinion of Spotify.
You acknowledge and agree that posting such User Content may result in the immediate termination or suspension of your Spotify account.
You also agree that Spotify may take away your username for any reason.
Please exercise caution when using the Spotify Service and sharing content with other users.
Spotify includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public.
Remember that shared or publicly available information may be used and further shared by other users on Spotify or on the Internet - so use Spotify carefully and be aware of your account settings.
Spotify is not responsible for what material you choose to publish on the Website.
Your password protects your user account; maintaining its confidentiality and security rests solely with you.
You understand that you are responsible for any use of your username and password on the Website.
If your username or password is lost or stolen, or if you believe that a third party has obtained unauthorized access to your account, please inform us immediately and change your password as soon as possible.
9 Infringement and reporting User Content
Spotify respects the rights of intellectual property owners.
If you believe that any Content infringes your intellectual property rights or other rights, please read Spotify's Copyright Policy.
If Spotify receives notice from the copyright holder that any Content infringes copyright, Spotify may, in its sole discretion, take appropriate action without giving prior notice to the person publishing such Content.
If the publisher believes the content does not infringe any rights, the publisher may send Spotify a feedback notification requesting that the deleted content be restored.
If you believe that any Content does not comply with the User Guidelines, please complete our notification form.
10 Website limitations and modifications
Spotify will use reasonable efforts to keep the Spotify Service working properly.
Certain technical problems or maintenance, however, may temporarily result in a temporary interruption in the availability of the Website's services.
To the extent permitted by applicable law, Spotify reserves the right to modify or suspend, temporarily or permanently, the operation of Spotify Service features at any time, with or without notice, and without liability to you, except where it is prohibited by law - in connection with any interruption in service, modification or cessation of the Spotify Service or any of its functions.
Notwithstanding the foregoing, if you have paid / paid in advance for Paid Services that Spotify will permanently cease providing before the end of the Prepaid Period (as defined in the Payments, Cancellation and Cooling-off Period) Spotify will refund you the prepaid Period fees. Prepaid after such cessation of services.
You understand, agree and agree that Spotify has no obligation to maintain, improve, or update the Service, or provide technical support, or offer any specific content through the Service.
The provisions of this section will be enforced to the extent permitted by applicable law.
Spotify and / or the owners of any Content may remove such Content from time to time without notice, to the extent permitted by applicable law.
11 Brand Accounts
If you create an account with Spotify on behalf of a company, organization, entity or brand (which will be referred to as the "Brand" and such account will be referred to as the "Brand Account"), the terms "you" and "your" as used in the Agreements will include both to you and to the Brand - where applicable.
If you create a Brand Account, you represent and warrant that you are authorized / authorized to grant all permits and licenses specified in the Agreements and to enter into Agreements on behalf of the Brand.
11.
1 Observing
The brand can only observe the users who are the first to follow the brand; and the Brand may not take any action to suggest an endorsement or relationship between the Brand and the observed user, unless Brand has independently obtained the right to suggest such endorsement.
Upon Spotify's sole discretion, Spotify Mark must stop following you.
11.
2 Listening
The brand cannot stream media.
11.
3 Send a message
Brand can only send messages to those users who send messages to Brand first.
11.
4 Brand playlists and sharing
Brand may not create or host Spotify playlists, whether on the Spotify Service or elsewhere, that would imply endorsement or relationship between the Brand and any artist or other entity, unless Brand has independently obtained the right to suggest such endorsement.
Brands can refer to Spotify's Guidelines for Brand Playlists.
12 Spotify Support Community
The Spotify Support Community is a place to discuss and exchange information, tips, and other content related to the Spotify Service.
To use the Spotify Support Community, you must (1) have a Spotify account; and (2) authenticate your Spotify account for use with a Support Community ("Spotify Community Support Account").
For instructions on setting up a Spotify Account in the Support Community, please visit the Community registration page.
In addition to the Agreements, when using the Spotify Support Community, you also agree to follow the Spotify Support Community Guidelines that will be provided to you upon registration (the "Spotify Support Community Guidelines").
If you do not agree to the Agreements or the Spotify Support Community Guidelines, you may not use the Spotify Support Community.
12.
1 Spotify Accounts in a Support Community
By creating a Spotify Account with the Support Community, you confirm that any registration information you provide to Spotify is true, accurate and complete; you also undertake to ensure that they are always up-to-date.
You are strictly prohibited from posting in your profile information that suggests you are a Spotify employee or moderator; it is also prohibited to impersonate such an employee or moderator when using the Spotify Support Community.
You further acknowledge and agree that Spotify may remove or revoke your username at any time if Spotify, in its sole discretion, determines that such action is appropriate.
12.
2 No official support
Any User Content or other content posted by employees, moderators and / or Spotify representatives in the Spotify Supporting Community should not be construed as official support provided by Spotify.
More information on official support can be found in the Customer Support section.
Any content posted or shared on the Spotify Support Community by employees, moderators and / or Spotify representatives is posted or made available "as is", without warranty of any kind.
You acknowledge that the views expressed in User Content in the Spotify Support Community are solely those of those posting such User Content and do not reflect the views or principles of Spotify or any director, shareholder, employee, agent, board member, subsidiary, entity or entity. Spotify affiliates, vendors or licensors.
12.
3 Reward Program
The Spotify Support Community offers a rewards system where Spotify, in its sole discretion, may reward users based on the recognition points they have earned or the quality of their responses.
You undertake to award credit points only to other users (not yourself) and only when they deserve it, and to refrain from any attempt to manipulate the reward system, e.g.
by creating multiple accounts or giving false answers.
You acknowledge that Spotify's decision with respect to any prize will be final and binding.
13 Customer Service
For help with account and payment related issues ("Customer Service Questions"), please submit a request to our Customer Service Department using the Department contact details provided in the About Us section of our website.
We will make reasonable efforts to answer all Customer Service Questions within a reasonable time, but we do not guarantee that we will respond to any Customer Service Questions within any specified time or that we will be able to provide a satisfactory answer to any such questions.
14 Export Control
Spotify products may be subject to US export and re-export controls or similar laws in other jurisdictions, including the Export Administration Regulations ("EAR") of the US Department of Commerce, trade and economic sanctions imposed by the Office The Office of Foreign Assets Control ("OFAC") of the Department of the Treasury and the International Traffic in Arms Regulations ("ITAR") of the Department of State.
You certify that (1) you do not reside in Cuba, Iran, North Korea, Sudan or Syria, and (2) that you are not a trader prohibited by the laws listed above.
You agree to comply with all applicable export control and re-export laws, including the EAR, ITAR, and OFAC trade and economic sanctions.
In particular, you agree not to sell, export, re-export, dispose in any way, transfer or transmit - directly or indirectly - any products, software or technology (including products derived from such technology) received from Spotify on under the Agreements, to any place, entity or person prohibited by applicable United States or any other jurisdiction laws, without the prior approval of the appropriate governmental authorities, as required by such laws.
The provisions of this export control paragraph will survive the termination or cancellation of the Agreements.
15 Payments, Cancellation and Cooling-off Period
Paid Services can be purchased directly from Spotify or through a third party, e.g.
a telephone operator (1) by paying a monthly subscription fee; or (2) by prepaying to provide access to the Spotify Service for a specified period of time (the "Prepaid Period").
If you have purchased Paid Services using a Code, your Paid Service will automatically expire at the end of the Prepaid Period or when your prepaid balance is insufficient to cover the fees for the Service.
By registering for a Paid Service, Trial, or Code online, you consent to instant access to Spotify Premium.
If you live outside the United States and register for a Paid Service or Code online, you may, for any or no reason, change your mind and receive a full refund of all amounts paid within fourteen (14) days from the date of registration to a given service ("Cooling Off Period").
However, you will not receive a refund if you have used Spotify at any time during the Cooling-Off Period.
If your Paid Service has not been purchased for the Prepaid Period, your payment to Spotify will be automatically redeemed at the end of the subscription period, unless you cancel your Paid Service via your subscription page before the end of the current subscription period.
The service will be canceled from the day after the last day of the current subscription period and your account type will be changed to the Free Service.
However, if you cancel your payment or Paid Service and / or terminate any of the Agreements (1) after using Spotify during the cooling off Period or (2) after the end of the Cooling Off Period (where applicable) ), or (3) before the end of the current subscription period, we will not refund any subscription fees already paid.
The method of reimbursement of fees will depend on the method of their payment.
If you wish to receive a full refund of all amounts paid before the end of the Cooling Off Period, you must contact Customer Service.
If you paid for a Paid Service through a third party, your subscription is governed by the terms of your contract with that third party (in addition to these Terms).
To unsubscribe, you must do so directly with the said third party.
Spotify may change the price of Paid Services, Prepaid Period (for periods not yet paid) or Codes from time to time; Spotify will notify you in advance of any price changes, including (where applicable) how to accept such changes.
Price changes for Paid Services take effect at the beginning of the next subscription period following the date of the price change.
To the extent permitted by local law, your continued use of the Spotify Service after the price change becomes effective will constitute acceptance of the new price.
If you do not agree to the price changes, you have the right to reject such changes by unsubscribing from the Spotify Service services before the price change takes effect.
Therefore, please read all such notices of price changes carefully.
16 Term and Termination of the Agreements
The provisions of the Agreements will apply to you until you or Spotify terminate the Agreements.
However, you acknowledge and agree that the perpetual license you grant with respect to User Content, including Feedback, is irrevocable and will therefore remain in effect after any Agreement expires or terminates for any reason.
Spotify may terminate the Agreements or suspend your access to the Spotify Service at any time, including where you actually or allegedly use the Spotify Service and / or the Content in an unauthorized manner or if you fail to comply with the Agreements.
If the Agreements are terminated by you or Spotify, or if Spotify suspends your access to the Spotify Service, you agree that Spotify will not incur any liability to you or refund any amounts already paid by you, to the maximum extent permitted by applicable law. .
To learn how to delete your Spotify account, please contact us using the Customer Service contact form available on our website in the About Us section.
The provisions of this section will be enforced to the extent permitted by applicable law.
You can terminate the Agreements at any time.
Sections 6, 7, 8, 10, 14, 16, 17, 18, 19, 20, 21, 22, 23 and 24 of this document, as well as any other sections of the Agreements which, expressly or by their nature, must remain in force after the termination of the Agreements, will remain in force after the termination of the Agreements.
17 Warranty and Disclaimer
WE STRIVE TO PROVIDE THE BEST QUALITY SERVICES, HOWEVER, YOU UNDERSTAND AND AGREE THAT THE SERVICES OF THE SPOTIFY WEBSITE ARE PROVIDED ON THE CURRENT FORM, AS IF AND WHERE AS ANY REQUIRED.
YOU USE THE SPOTIFY SERVICE AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Spotify, AND ALL CONTENT OWNERS MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS RELATING TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
NEITHER SPOTIFY, OR ANY OWNER OF THE CONTENT, MAKES THAT THE SPOTIFY SITE DOES NOT CONTAIN MALWARE OR OTHER HARMFUL COMPONENTS.
ALSO Spotify MAKES NO REPRESENTATION OR GUARANTEE NOT RECOMMEND OR LIABLE FOR ANY APPLICATIONS PARTY (OR THEIR CONTENT), USER CONTENT OR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY ON THE SERVICE Spotify OR THROUGH THE SERVICE OR ANY SITE WEB LINKED TO, OR PRESENTED ON ANY BANNER OR ANOTHER ADVERTISING.
YOU UNDERSTAND AND AGREE THAT SPOTIFY SHALL NOT BE LIABLE FOR ANY TRANSACTIONS BETWEEN YOU AND THIRD PARTIES OFFERING THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES REQUESTED IN SERVICES OR REQUESTED BY SERVICES.
AS WHEN YOU PURCHASE A PRODUCT OR SERVICE IN ANY WAY OR IN ANY ENVIRONMENT, USE YOUR OWN EVALUATION AND, WHERE APPLICABLE, USE CARE.
NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM SPOTIFY SHALL CREATE ANY WARRANTY ON THIS PART OF SPOTIFY.
SOME ASPECTS OF THIS SECTION MAY NOT APPLY TO CERTAIN JURISDICTIONS IF PROVIDED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY CONSUMER RIGHTS.
18 Limitation
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR ONLY REMEDY IN CASE OF ANY PROBLEM OR DISSATISMATION WITH THE SPOTIFY SITE, WILL UNINSTALLING THE ENTIRE SERVICE OF THE SERIES.
IN CONNECTION WITH THAT Spotify NOT LIABLE FOR APPLICATIONS PARTY OR THEIR CONTENT AND ARE YOUR RELATIONSHIP WITH SUCH APPLICATIONS PARTY MAY BE SUBJECT TO SEPARATE AGREEMENTS WITH SUCH PARTY PARTY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO Spotify IN CASE OF ANY PROBLEMS OR DISSATISMATION WITH THIRD PARTY APPLICATIONS OR THEIR CONTENT, YOU SHALL UNINSTALL ANY SUCH THIRD PARTY APPLICATIONS AND / OR STOP USING SUCH APPLICATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT Spotify, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS LEGAL, assignee, SUPPLIERS OR LICENSORS Spotify NOT BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, , INCIDENTAL, ALLEGED, EXEMPLARY OR CONSEQUENTIAL DAMAGES; (2) no LOSS OF USE, DATA TRANSACTIONS OR INCOME (either direct or indirect) in all cases, result from the use OR FAILURE OF USE Spotify APPLICATIONS external clients or application content PARTY, whatever the legal base. REGARDLESS OF WHETHER SPOTIFY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES EVEN IF THE REMEDY FULFILLS ITS ESSENTIAL TASK; OR (3) TOTAL LIABILITY FOR ALL CLAIMS REGARDING THE SERVICE Spotify, THIRD PARTY APPLICATIONS APPLICATIONS OR THIRD PARTY CONTENT, in excess amounts paid by YOU FOR Spotify DURING THE PREVIOUS TWELVE MONTHS, THE EXTENT PERMITTED BY APPLICABLE LAW.
Nothing in the Agreements shall exclude or limit Spotify's liability for fraud, fraudulent misrepresentation, death or personal injury caused by Spotify's negligence and, where required by applicable law, gross negligence.
Some aspects of this section may not apply in some jurisdictions where prohibited by applicable law.
19 Third Party Rights
You acknowledge and agree that Content owners and certain distributors (such as app store operators) are designated beneficiaries of the Agreements and have the right to enforce the Agreements directly against you.
Except as provided in this section, the Agreements are not intended to grant rights to anyone other than you and Spotify; in no event will the Agreements give rise to rights of external beneficiaries.
In addition, the rights to terminate the Agreements, revoke the Agreements or consent to any modification, waiver or conclusion of Agreements do not require the consent of any other person.
By downloading the application from the App Store of Apple, Inc. (
hereinafter referred to as "Apple") or by using this application on an iOS device, you confirm that you have read and understood the following information about Apple and that you agree to its content.
This Agreement is between you and Spotify only, not Apple; Apple is not responsible for the Website or its content.
Apple has no obligation to provide any maintenance or support for the Service.
In the event that the Service is in any way inconsistent with any applicable warranty, you may notify Apple and Apple will refund the applicable amount paid for the application to you; in addition, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service.
Apple is not obligated to respond to any claims by you or any third party relating to the Service or your possession and / or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Website is failing to comply with any applicable legal or regulatory requirements; and (3) claims arising from consumer protection or similar laws.
Apple is not responsible for the examination, defense, admission or dismissal of any third party claim that the Website and / or your possession and use of an application infringes such third party's intellectual property rights.
By using the Website, you agree to comply with all applicable third party terms and conditions.
Apple and its subsidiaries are third party beneficiaries of this Agreement; Upon your acceptance of this Agreement, Apple will be entitled (and deemed to be) entitled to enforce this Agreement, as a third party beneficiary of this Agreement, against you.
You hereby represent and warrant that (1) you do not reside in a country subject to a US government embargo, or a country designated by the US government as a "terrorist support" country; and (2) you are not on any U.S. Government list of prohibited or restricted entities.
20 Entire Agreement
Except as set forth in this section or as expressly agreed in writing by you and Spotify in writing, the Agreements constitute the entire terms and conditions agreed by you and Spotify and supersede any prior agreement on the subject matter of these Agreements, whether orally or in writing.
Please note, however, that other aspects of your use of the Spotify Service may be subject to additional agreements.
This includes, for example, access to the Spotify Service by using a gift card, a Free Trial, or a Reduced Price Trial.
When you offer these aspects of using the Spotify Service, you will receive the appropriate supplementary agreement, and you may have the option to agree to additional terms.
Some of these additional terms are listed on the Spotify website.
In the event of any unresolvable conflict between any additional terms and these Agreements, the additional terms will prevail.
21 Severability and Exclusion of Terms
Unless otherwise stated in the Agreements, if any provision of these Agreements for any reason and to any extent is deemed invalid or unenforceable, such invalidity or unenforceability will in no way affect the remaining provisions of the Agreements and will not make them invalid or unenforceable, and the said provision will be enforced to the extent permitted by law.
Non-enforcement of the Agreements or their terms by Spotify or a third party beneficiary does not waive any right of Spotify or the third party beneficiary to enforce the Agreements or their terms.
22 Assignment
Spotify may assign the Agreements or any part thereof, and Spotify may delegate all of its obligations under the Agreements.
You may not assign the Agreements or any part of them, nor assign or sub-license these rights to any third party under the Agreements.
23 Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify Spotify from all damages, losses and expenses (including reasonable attorney fees and expenses) arising from: (1) your breach of this Agreement; (2) any User Content; (3) any activities that you will participate in on or through the Spotify Service; and (4) your breach of any law or the rights of a third party.
24 Governing Law, Compulsory Arbitration, and Venue
24.
1 Governing Law / Place of Jurisdiction
Unless otherwise provided for in the applicable laws of a Member State of the European Union or any other territory, the Agreements (and any non-contractual disputes / claims arising out of or in connection with the Agreements) shall be governed by the laws of the state or country listed below, notwithstanding any applicable law or conflict of laws.
You further consent, and Spotify agrees that the courts listed below shall have jurisdiction to deal with any dispute, claim or dispute arising in connection with the Agreements (and any non-contractual disputes / claims arising out of or in connection with the Agreements). (
In some cases, this jurisdiction will be "exclusive", which means that no other court will be able to hear the case, i.e.
it will not be competent for such a case; otherwise, jurisdiction is "non-exclusive", which means that courts of other countries may also have jurisdiction.
Please also see the information on exclusivity in the table below).
Country Governing Law Venue
Poland, Italy Swedish law Exclusive; the courts of the country concerned
Turkey Swedish Law Non-Exclusive; courts and other tribunals of the Republic of Turkey
Brazil Brazil Law Exclusive; state and federal courts in São Paulo, São Paulo state, Brazil
Canada Ontario Province Law Exclusive; Courts of Ontario, Canada
United States, Argentina, Bolivia, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Peru, Uruguay California State, United States Exclusive; state and federal courts in San Francisco County, California, or New York, New York
Estonia, Hong Kong, Latvia, Lithuania Swedish law Non-exclusive; the courts of Sweden
Spain Spain Law Exclusive; courts of the consumer's current place of residence in Spain
All other countries Swedish law Exclusive; the courts of Sweden
Spotify does not accept any codes of conduct as applicable to services provided under these Agreements.
24.
2 CLASS ACTION WAITING
IF PERMITTED BY APPLICABLE LAW, EACH PARTY AGREES THAT PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY INDIVIDUAL AND NOT AFTER AS AN ASSOCIATION AS A GROUP MEMBER.
Unless both you and Spotify agree to this, no arbitrator or judge will be able to join more than one person's claims or otherwise hear any form of class action.
24.
3 ARBITRATION
If you live in, are based in, have a branch, or do business in a jurisdiction with Chapter 24.
3 are enforceable, the following mandatory arbitration provisions apply to you:
24.
3.
1 Dispute Resolution and Arbitration
You consent and Spotify agrees that any dispute, claim or dispute between you and Spotify relating in any way to these Agreements or your relationship with Spotify as a user of the Service (whether based on contract, tort, statute, fraud, misrepresentation or any other legal basis, regardless of whether such claims arise during the term of the Agreements or after their termination) were considered and resolved through mandatory binding individual arbitration proceedings.
Arbitration is less formal than a court process.
NO JUDGES OR JUDGES WILL PARTICIPATE IN THE ARBITRATION PROCEEDINGS; THE ARBITRATION DECISION MAY BE APPEALED TO A COURT TO A LIMITED EXTENT.
The evidentiary stage may be more limited than in court proceedings.
The arbitrator must comply with this Agreement.
He may award the same damages or relief as a court (including the reimbursement of attorney fees), but he may not make a ruling on rights or grant injunctions or injunctions to non-arbitrators.
This arbitration provision will survive termination of the Agreements.
24.
3.
2 Exceptions
Without prejudice to the provisions of the above paragraph (24.
3.
1), both you consent and Spotify agrees that nothing in this document shall at any time be construed as a waiver, exclusion or other limitation of our rights to (1) bring an individual claim in small claims court; (2) take enforcement action through any applicable federal, state, or local agency, if practicable; (3) applying for securing claims by way of an injunction or injunction; or (4) bring an intellectual property infringement claim before a court.
24.
3.
3 Arbitration Rules
Arbitration may be initiated by us or by you.
Any arbitration between you and Spotify will be finally settled under the current International Chamber of Commerce ("ICC") Arbitration Rules ("ICC Rules") by one or more arbitrators appointed under the ICC Rules, as modified in in these Agreements, and will be administered by the ICC International Court of Arbitration.
All arbitration proceedings will be conducted in the English language, and unless applicable laws of a member state of the European Union or any other territory provide otherwise, the laws of the State of California, United States of America will apply to the arbitration, notwithstanding any rules governing applicable law or conflict of laws. .
24.
3.
4 Time to file the request for arbitration
Any arbitration must commence with the submission of the request for arbitration within 1 (ONE) YEAR from the date on which the party making the claim first becomes aware of the act, omission or infringement underlying the claim, or from a date that is reasonably believed to be for the day such knowledge is obtained; in the case of claims not filed within this period, there is no right to remedies.
If applicable law prohibits the application of a one-year limitation period for the pursuit of claims, all claims must be made within the shortest period permitted by applicable law.
24.
3.
5 Notification and Procedure
A party that intends to request arbitration must first send the other party a written notice of dispute by registered mail or via Federal Express (signature required), and if we do not have your mailing address, by e-mail ("Notice ").
Spotify Address for Notification: Spotify, Attn: General Counsel, 45 W.
18th Street, 7th Floor, New York, New York 10011, United States.
The notice must contain (1) a description of the nature and basis of the claim or dispute; and (2) identifying the specific form of damages sought (the "Claim").
We undertake to act in best faith to resolve the claim directly, but if we do not reach an agreement on the matter within 30 days of receiving the Notice, either party may initiate arbitration proceedings.
In the course of an arbitration proceeding, the amount of compensation proposed by you or Spotify is not disclosed to the arbitrator until the arbitrator has made a final decision and an award has been formulated - if so.
In the event that our dispute is finally resolved in an arbitration in your favor, Spotify will pay you (1) the amount awarded by the arbitrator, if any such amount has been awarded to you; (2) the latest amount proposed in writing by Spotify for pre-arbitrator adjudication or (3) $ 1,000.00, whichever is greater.
All documents and information disclosed in the course of the arbitration will be kept strictly confidential by the receiving party and will not use them for any purpose other than the arbitration or the enforcement of the arbitrator's decision and ruling; such documents and information will not be disclosed unless they are disclosed in confidence to those who need to know them for purposes or situations required by applicable law.
Except as required to enforce the arbitrator's ruling and ruling, neither party will report publicly, comment on, or publicize the arbitration; this applies, inter alia, to the existence of a dispute between the parties, the conduct of arbitration proceedings and any decisions or awards of the arbitrator.
24.
3.
6 Modifications
In the event that Spotify changes this arbitration provision in the future (other than by changing the Spotify Notification address), you may reject any such change by sending us written notice to Spotify's Notification address within 30 days of the change; in such event, your Spotify account will be immediately deactivated and this arbitration provision, which is in effect immediately prior to the changes you decline, will remain in effect.
24.
3.
7 Feasibility
If a class action waiver as referred to in Chapter 24.
2 or any part of this section 24.
3 is deemed invalid or unenforceable, the entirety of this section 24.
3 will be invalid; in such event, the parties agree that all proceedings arising out of or in connection with these Agreements shall be subject to exclusive and territorial jurisdiction as set out in Chapter 24.
1.
25 Contact
If you have any questions about the Spotify Service or Agreements, please contact Spotify Customer Service via the About Us section of our website.
If you are a California resident, we may send you Contracts by email; send us a letter to "Spotify, Attn: General Counsel, 45 West 18th Street, 7th Floor, New York, New York 10011, United States," providing your e-mail address and requesting a copy of the Agreements.
In addition, in accordance with paragraph 1789.
3 of the California Civil Code, you can contact the California Civil Code.
Complaints of the Department for
Consumer Services of the California Department of Consumer Affairs by writing to 1625 N.
Market Blvd.,
Suite S-202, Sacramento, California 95834, or by calling 1-800-952-5210 to file a service complaint or obtain further information regarding use of the service.
Thank you for reading our Terms and Conditions.
We hope you like Spotify!
The entity that is a party to the contract:
Spotify AB
Birger Jarlsgatan 61, 113 56 Stockholm
Sweden (Sweden)
SE556703748501
© Spotify AB.