Spotify® Mobile Service Terms and Conditions of Use

Effective as from 22 September 2011.

These mobile terms and conditions (the “Mobile Terms”) are a legally binding agreement between you and Spotify USA Inc., a Delaware corporation (“Spotify”), that governs your use of Spotify’s Mobile Client and the Spotify Mobile Service (collectively, the “Mobile Service”). They are in addition to the Spotify Terms and Conditions of Use, the Spotify Privacy Policy (the “Privacy Policy”) and the Premium Code Terms and Conditions (the “Premium Code Terms”) (if applicable), which also apply to your use of the Mobile Service. Unless otherwise defined, any defined terms used in these Mobile Terms shall have the meaning given to them in the Spotify Terms and Conditions of Use.

1. Access to the Mobile Service

You must register and accept these Mobile Terms, as well as the Spotify Terms and Conditions of Use in order to access and use the Mobile Service. Your access may be revoked immediately by Spotify in the event that you do not sign into the Mobile Service at least once during the preceding ninety (90) day period. If you lose access to the Mobile Service in accordance with this Section, you will be required to re-register for access and otherwise affirm your agreement to comply with all of the terms and conditions of these Mobile Terms, the Spotify Terms and Conditions of Use, the Spotify Privacy Policy and the Premium Code Terms (if applicable) as then in effect.

2. 48-Hour Free Trial Offer Activation

If you have not previously used the Premium Service (as defined in the Terms of Use), including through any free trial offer such as the 7-Days Free Trial Offer or the 30-Days Free Trial Offer, you will be entitled to access without charge the Premium Service (as defined in the Terms of Use) during the first forty-eight (48) hours after you first log-in to the Mobile Client (the “48-Hour Free Trial Offer”). For the avoidance of doubt, such access will automatically expire after such forty-eight (48) hour period. You will be notified by email after activation of the 48-Hour Free Trial Offer on how to continue enjoying the Spotify Premium Service. Spotify reserves the right, in its absolute discretion, to withdraw or to modify this 48-Hour Free Trial Offer at any time without prior notice and with no liability.

3. Use of Cached Content

If you are a subscriber to the Mobile Service, you are permitted to store cached content on up to three (3) personal computers, mobile handsets and/or other relevant device. You may not transfer copies of cached content to any other device via any means.

4. Local files

You may only import or copy files onto the Mobile Client that you have legally acquired, and have the right to import or copy.

5. Restrictions of use

You agree that you may not (without limitation):

  1. copy, reproduce, “rip”, record, make available to the public or otherwise use any part of the Mobile Client, the Mobile Service or the content in the Spotify Service (including but not limited to tracks, images and text) in a manner not expressly permitted under the Mobile Terms, or the Spotify Terms and Conditions of Use;
  2. provide your password to any other person or use any other person's user name and password;
  3. reverse-engineer, decompile, disassemble, modify or create derivative works based on the Mobile Client, the Mobile Service or the Spotify Service or any part thereof;
  4. circumvent any technology used by Spotify, its licensors, or any third party to protect content accessible through the Mobile Client, the Mobile Service or the Spotify Service;
  5. rent or lease any part of the Mobile Client, the Mobile Service or the Spotify Service;
  6. use the Mobile Client, the Mobile Service or the Spotify Service in a way that violates the terms of the Mobile Terms or the Spotify Terms and Conditions of Use;

  7. circumvent any territorial restrictions applied by Spotify;
  8. artificially increase play count or otherwise manipulate the Mobile Client, the Mobile Service or the Spotify Service by using a script or other automated process;
  9. copy any local files which you have not legally acquired onto your mobile handset or other device using the Mobile Client, the Mobile Service or the Spotify Service.

In addition to the above, you agree to take all reasonable care to prevent unauthorized use of the Mobile Client, the Mobile Service, the Spotify Service and its content.

6. Changes to the Mobile Terms

Spotify may make changes to these Mobile Terms at its sole discretion. If we make any changes to these Mobile Terms we will notify you by posting the new version of the Mobile Terms on the Spotify Websites. It is your own responsibility to check the website for such postings from time to time. You may also be asked to reacknowledge and reaccept the Mobile Terms following any material changes. Your continued use of the Mobile Service following the posting or other notice of changes to the Mobile Terms will constitute your acceptance of such changes.

7. Term and termination

These Mobile Terms will become effective in relation to you when you start using the Mobile Service and will remain effective until terminated by you or Spotify.

8. Privacy

You agree that Spotify has a right to collect and process the personal information we collect from you in accordance with the Spotify Privacy Policy.

9. Assignment by Spotify

Spotify may assign all or any part of these Mobile Terms without restrictions. You may not assign these Mobile Terms to a third party without the prior written consent of Spotify.

10. Limitation of liability

SPOTIFY’S LIABILITY TO YOU IS LIMITED IN ACCORDANCE WITH AND ON THE TERMS SET FORTH IN THE SPOTIFY TERMS AND CONDITIONS OF USE.

Nothing in these Mobile Terms removes or limits Spotify's liability for fraudulent misrepresentation, death or personal injury caused by its negligence.

11. Indemnity

You agree to indemnify and hold Spotify and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of these Mobile Terms or your violation of any laws, regulations or third party rights.

12. Entire agreement

These Mobile Terms together with the Spotify Privacy Policy, the Spotify Terms and Conditions of Use and the Premium Code Terms (if applicable) constitutes all the terms and conditions agreed upon between you and Spotify and supersede any prior agreements, whether written or oral. Any additional or different terms or conditions in any written or oral communication from you to Spotify are void. You agree and accept that you have not accepted these Mobile Terms in reliance of or to any oral or written representations made by Spotify not contained or referenced in this Agreement, the Spotify Privacy Policy, the Spotify Terms and Conditions of Useand the Premium Code Terms (if applicable).

13. Governing law and disputes

These Mobile Terms shall be governed and construed in accordance with the laws of the State of New York. Any dispute, controversy or claim arising out of or in connection with these Mobile Terms will be subject to the exclusive jurisdiction of the courts of such State.

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