Spotify for Artists Terms and Conditions of Use
Effective as of: December 3, 2021
2. The Spotify Service Provided by Us
3. Your Use of the Spotify Service
4. Content and Intellectual Property Rights
5. Customer Support, Information, Questions, Complaints
1. Introduction
Please read these Terms and Conditions of Use (these"Terms") carefully as they govern use of (which includes access to) the Spotify for Artists service, including all of our websites and software applications that incorporate or link to these Terms (collectively, "Spotify for Artists") and any material that is made available through Spotify for Artists (the "Spotify for Artists Content"). Use of Spotify for Artists may be subject to additional terms and conditions presented by Spotify, including without limitation Opt-In Terms (defined in Section 2 below), which are hereby incorporated by this reference into these Terms.
Spotify for Artists is made available only to users in the music industry for business purposes, and is not open to "consumers" as contemplated in applicable consumer protection laws, or anyone acting for personal, family or household purposes.
By signing up for, accessing, or otherwise using Spotify for Artists, you agree to these Terms on behalf of the entity, organization or business that you represent (including without limitation, a recording artist or a record label) (your "Subscribing Entity"), and you represent and warrant that: (1) you are an authorized representative of that Subscribing Entity with the authority to bind the Subscribing Entity to these Terms ("you" or "your"), regardless of whether you remain an authorized representative of that Subscribing Entity in the future; (2) the Subscribing Entity agrees to be bound by these Terms; and (3) you agree to be bound by these Terms on behalf of such Subscribing Entity. If you and your Subscribing Entity cannot agree to everything in the preceding sentence, then you and your Subscribing Entity must not use Spotify for Artists.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 6 BELOW, AS FAR AS PERMITTED BY APPLICABLE LAW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
Service Provider
These Terms are between you and your Subscribing Entity, on the one hand, and (a) if your Subscribing Entity is organized under, or otherwise subject to the laws of, the United States of America: Spotify USA Inc., a Delaware Corporation with offices at 4 World Trade Center, 150 Greenwich Street, 62nd Floor, New York, New York 10007; or (b) if your Subscribing Entity is an entity organized under, or otherwise subject to the laws of, any country outside of the United States of America: Spotify AB, of Regeringsgatan 19, 111 53 Stockholm, Sweden, with registered number 556703-7495 ((a) or (b), as applicable, "Spotify", "us", "we", or "our").
Age and eligibility requirements
In order to use Spotify for Artists on behalf of your Subscribing Entity, you need to: (1) be 18 years of age (or the equivalent age of majority in your jurisdiction) or older; (2) have the power to enter a binding contract with us on behalf of your Subscribing Entity and not be barred from doing so under any applicable laws; and (3) reside in a country where Spotify for Artists is available. You also promise that any registration information that you submit to Spotify is true, accurate, and complete, and you agree to keep it that way at all times.
2. The Spotify Service Provided by Us
The Spotify for Artists Service
We provide services for members of the music industry, including without limitation analytics and other tools for artist and label career goals. Certain Spotify for Artists options are provided free-of-charge, while other options may require payment before they can be accessed. We may also make available offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.
Opt In Programs; Beta Features
In addition to Spotify for Artist's existing features, we may from time-to-time add new features with opportunities for rights holders, including your Subscribing Entity, to participate in new Spotify for Artists programs (each, a "Program"), including without limitation, Programs to access additional data insights related to their content or to participate in and manage marketing, promotional, merchandising, programming and other campaigns for their content through Spotify for Artists. Opportunities to participate in Programs will be presented to you or your Delegates on an opt-in basis through Spotify for Artists, along with the corresponding terms and conditions for the particular Program (each, "Opt-In Terms").
From time-to-time, we may also offer beta features through Spotify for Artists ("Beta Features"). We use Beta Features to experiment with and test new feature ideas. Accordingly, you may find that Beta Features appear one day, undergo periodic changes, or even disappear completely without notice. You and your Subscribing Entity acknowledge that, as far as permitted by applicable law, we will not be liable to you or your Subscribing Entity for any losses related to the unavailability of any Beta Features.
Service limitations and modifications
We use reasonable efforts to keep Spotify for Artists operational. However, Spotify for Artists' availability may change from time to time, without liability to you or your Subscribing Entity; for example:
- Spotify for Artists may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
- We aim to evolve and improve Spotify for Artists constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all or part of Spotify for Artists (including particular functions, features, and offerings).
- Spotify has no obligation to provide any specific content through Spotify for Artists, and Spotify or the applicable owners may remove Spotify for Artists Content without notice.
Except as otherwise provided under applicable law, Spotify has no liability to you or your Subscribing Entity in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.
Third-Party applications, devices and open source software
Spotify for Artists may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Your and your Subscribing Entity's use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you and/or your Subscribing Entity by the applicable third party. Spotify does not guarantee that Third-Party Applications and Devices will be compatible with Spotify for Artists.
Data Insights; Mistakes
You and your Subscribing Entity acknowledge that Spotify for Artists is an optional service that we are providing to you and your Subscribing Entity for use at our discretion. Spotify for Artists may provide you and your Subscribing Entity with the ability to view certain data, such as usage data of your music and demographic data on your fans. While we work hard to ensure the accuracy of the data, we do not guarantee that Spotify for Artists or the data we provide will be available error-free or that mistakes, including mistakes in the data insights that we provide to you and your Subscribing Entity, will not happen from time to time. Where there is a glitch or mistake in Spotify for Artists, we will take all reasonable efforts to address or correct these mistakes. All data is provided to you and your Subscribing Entity "AS-IS." You and your Subscribing Entity use all such data provided by us at your and your Subscribing Entity's sole risk and discretion.
Although Spotify takes reasonable precautions to preserve and protect the Spotify for Artists Content stored in the database used by Spotify to provide Spotify for Artists, you and your Subscribing Entity shall not rely on Spotify for Artists as your only storage facility, and you and your Subscribing Entity should preserve backup copies of your Spotify for Artists Content. Spotify is not liable for damage to, deletion of, or failure to store any Spotify for Artists Content.
3. Your Use of the Spotify Service
Creating a Spotify account
You may need to create a Spotify account to use all or part of Spotify for Artists. Your username and password are for your individual use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our Customer Service team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.
Your rights to use Spotify for Artists
Access to Spotify for Artists
Subject to your and your Subscribing Entity's compliance with these Terms (including any other applicable terms and conditions), we grant to you, solely on behalf of your Subscribing Entity, a limited, non-exclusive, non-transferable, revocable permission to use Spotify for Artists, including without limitation the Spotify for Artists Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you, your Subscribing Entity or Spotify. You and your Subscribing Entity agree that you will not redistribute or transfer Spotify for Artists or the Spotify for Artists Content. The Spotify for Artists software applications and the Spotify for Artists Content are licensed to you and your Subscribing Entity, not sold or transferred to your or your Subscribing Entity, and Spotify and its licensors retain ownership of all copies of the Spotify for Artists software applications and Spotify for Artists Content even after installation on your and your Subscribing Entity's Devices. When Accessing Spotify for Artists, you and your Subscribing Entity agree that you will not take any action that imposes an unreasonable load on Spotify for Artists.
Compliance with Terms; Delegation
You and your Subscribing Entity acknowledge and agree that these Terms govern your Access to and other use of Spotify for Artists. You and your Subscribing Entity agree to abide by the Spotify User Guidelines (described in more detail below) and not to use Spotify for Artists, the Spotify for Artists Content, or any part thereof in any manner not expressly permitted by these Terms, including the Spotify User Guidelines.
You may delegate your authority to use Spotify for Artists to additional users solely within your Subscribing Entity who have a business reason for such use (each, a "Delegate"). You must only add Delegates to specific teams within Spotify for Artists for which they have permission by your Subscribing Entity as well as a valid business justification. In the event that any of your Delegates Access or otherwise use Spotify for Artists, you acknowledge and agree on behalf of your Subscribing Entity that these Terms shall govern their use of Spotify for Artists as well. You represent, warrant and covenant to us that each of your Delegates is authorized to use Spotify for Artists, and sub-delegate their authority to additional users, for and on behalf of the Subscribing Entity.
You and your Subscribing Entity expressly agree that: (1) you and all Delegates will comply with these Terms; (2) the Subscribing Entity shall be fully liable for your and each Delegate's violation of these Terms, and; (3) the Subscribing Entity will be responsible for the acts or omissions of you and your Delegates for purposes of these Terms.
Spotify's Proprietary Rights
Spotify for Artists and the Spotify for Artists Content are the property of Spotify or Spotify's licensors. All Spotify trademarks, service marks, trade names, logos, domain names, and any other features of the Spotify brand ("Spotify Brand Features") are the sole property of Spotify or its licensors. These Terms do not grant you or your Subscribing Entity any rights to use any Spotify Brand Features whether for commercial or non-commercial use.
User Guidelines
Spotify has established guidelines for using Spotify for Artists and other Spotify services, to make sure our services stay enjoyable for everyone ("Spotify User Guidelines"). In using Spotify for Artists, you and your Subscribing Entity must comply with the Spotify User Guidelines, as well as all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.
Export control and sanctions
Spotify's products may be subject to U.S. export and re-export control laws and regulations, sanctions laws and regulations or similar laws applicable in other jurisdictions, including without limitation the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State, and trade and economic sanctions imposed and maintained by the European Union. You and your Subscribing Entity warrant that neither you nor your Subscribing Entity are: (1) located in any country to which the United States and/or the European Union has embargoed goods or has otherwise applied any economic sanctions; or (2) a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions or otherwise listed on any U.S. government list of prohibited or restricted parties.
You and your Subscribing Entity agree to comply with all applicable export and reexport control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC and the European Union . Specifically, You and your Subscribing Entity agree not to – directly or indirectly – use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Spotify under these Terms to any destination, entity, or person or for any end-use prohibited by the EAR, trade and economic sanctions maintained by OFAC and/or the European Union, or any applicable laws or regulations of the United States or any other jurisdiction without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.
4. Content and Intellectual Property Rights
User Content
The content you post on Spotify for Artists
You, on behalf of your Subscribing Entity, may post, upload, or otherwise contribute content to Spotify for Artists ("User Content"). For the avoidance of doubt, "User Content" includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to Spotify for Artists by users. Spotify, and/or any third party appointed by Spotify, may in its sole discretion decide to use all, or parts of, the metadata provided in connection with such User Content, as well as to supplement and/or replace such metadata.
You and your Subscribing Entity are solely responsible for all User Content that you post.
You and your Subscribing Entity promise that, with respect to any User Content you post on Spotify for Artists: (1) you own or have the right to license and post such User Content under the terms and conditions provided in the Terms, including applicable Opt-In Terms; (2) such User Content, or its use by Spotify pursuant to the licenses granted to us below, does not (i) violate these Terms, including the Spotify User Guidelines, applicable law, the regulations and rules of any guilds, unions or collectives, or violate or infringe the rights of any third party, including any intellectual property (including without limitation, copyright), publicity, privacy, personality, contract or other rights of others, or (ii) imply any affiliation with or endorsement of you or your User Content by Spotify or any artist, band, label, or other individual or entity without the prior express written consent from Spotify or such individual or entity; (3) you have and shall have acquired, retained and properly administered any third-party rights, licenses, authorizations, consents, permissions and approvals relating to the User Content you post to Spotify for Artists and required by Spotify to exercise the license granted in these Terms; (4) you shall be solely responsible for complying with the terms and conditions set forth in each of the third-party licenses, authorizations, consents, permissions and approvals referenced in clause (3) of this paragraph, and you shall be solely responsible for making any and all payments of royalties, fees and any other monies (however characterized) to any and all third parties as and when required under such third-party licenses, authorizations, consents, permissions and approvals; (5) no royalties, fees or other monies (however characterized) are or shall be payable by or on behalf of Spotify to or on behalf of any person or entity in connection with or arising out of the User Content you post to Spotify for Artists or the exercise by Spotify of the license granted in these Terms; (6) all User Content you post to Spotify for Artists is and shall be correct, accurate, and does not contain content that violates our User Guidelines; and (7) you have and shall comply with all applicable laws, regulations, guidelines, and industry standards, and any updates thereto, when posting User Content to Spotify for Artists, including, where applicable, those issued from time to time by advertising authorities (such as the UK Committee of Advertising Practice and the UK Advertising Standards Authority), including without limitation, the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the "CAP Code") or equivalent guidance in your jurisdiction.
In posting or sharing User Content on Spotify for Artists, please keep in mind that certain User Content will be publicly accessible, and may be used and re-shared by others on Spotify for Artists and on other Spotify services and across the web, so please use caution in posting or sharing on Spotify for Artists, and be mindful of your account settings. Spotify is not responsible for what you or others post or share on Spotify for Artists. To the extent you or your Subscribing Entity has access to a particular page or account on Spotify for Artists which is also accessible to one or more other users or Subscribing Entities, certain of your User Content (including, but not limited to, your name, role, access level and certain actions you take on Spotify for Artists) may be visible to such other users or Subscribing Entities. Your right to access and edit pages or assets may differ depending on your underlying rights over that material and your level of access to Spotify for Artists. In some cases, you may share administrative and editing rights of a particular page or account on Spotify for Artists with other users or Subscribing Entities.
Takedowns and monitoring user content
Spotify shall be under no obligation to include or distribute User Content via Spotify for Artists. Spotify may, but has no obligation to, monitor or review User Content. Except to the extent prohibited by applicable law, Spotify reserves the right to remove or disable access to any User Content from Spotify for Artists in its sole discretion, for any or no reason, including, but not limited to, when User Content violates the Spotify User Guidelines. Spotify may take these actions without prior notification to you or your Subscribing Entity or any third party and without any liability to you or your Subscribing Entity for such removal.
Licenses that you grant to us
User Content
Spotify does not claim any ownership rights in the User Content that you and your Subscribing Entity post to Spotify for Artists. After posting User Content to the Service, as between you and your Subscribing Entity and Spotify, you and your Subscribing Entity will continue to retain any rights you and your Subscribing Entity may have in your User Content, including any intellectual property rights or other proprietary rights associated with your User Content, subject to the license you and your Subscribing Entity grant to Spotify in the next paragraph of this section.
By posting User Content to the Service, you, on behalf of your Subscribing Entity, grant Spotify a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, communicate to the public, translate, modify, create derivative works from, distribute, and otherwise use such User Content through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with Spotify for Artists and Spotify's music streaming service, the promotion and marketing of Spotify for Artists and Spotify's music streaming service and the promotion and marketing of Spotify for Artists and Spotify's music streaming service. To the extent you and your Subscribing Entity provide User Content that contains names, likenesses or photographs, or brand features, you and your Subscribing Entity further grant us the non-exclusive, fully paid, worldwide right to use such names, likenesses, and photographs and brand features on Spotify for Artists and Spotify's music streaming service and in our marketing communications to advertise, market and promote the availability of your and your Subscribing Entity's User Content on Spotify for Artists and Spotify's music streaming service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback (as defined below), and your right to object to derogatory treatment of such User Content. If you do not want Spotify to use your User Content for these purposes, you should not post User Content to Spotify for Artists.
Feedback
If you or your Subscribing Entity provide ideas, suggestions, or other feedback in connection with your and your Subscribing Entity's use of Spotify for Artists or any Spotify for Artists Content ("Feedback"), such Feedback is not confidential and may be used by Spotify without restriction and without payment to you or your Subscribing Entity. Feedback is considered a type of User Content under these Terms.
Your Device
You also grant us the right to allow Spotify for Artists to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of Spotify for Artists.
Infringement claims
Spotify respects the rights of intellectual property owners. If you believe that any Spotify for Artists Content infringes your copyright rights, please see the Spotify Copyright Policy.
5. Customer Support, Information, Questions, and Complaints.
Customer support, information, questions, complaints
For customer support, please use Customer Support resources listed on the Contact Us section of our website. You may also contact us at the mailing address set forth in the "Service Provider" section at the start of these Terms.
6. Problems and Disputes
Suspending and terminating Spotify for Artists
These Terms will continue to apply to you and your Subscribing Entity until terminated by either your Subscribing Entity or Spotify. Spotify may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to Spotify for Artists, completely or with respect to specific features and Programs, at any time if we believe you or your Subscribing Entity have breached any of these Terms (including without limitation the Spotify User Guidelines and any applicable Opt-In Terms), if we stop providing Spotify for Artists or any material component thereof, or as we believe necessary to comply with applicable law. The foregoing is not intended to limit Spotify's other rights and remedies in any way.
If there is a dispute between you and/or your Subscribing Entity and any third party as to the ownership or authorized use of an account (including the account of any of your Delegates), then Spotify may suspend access to such account, in whole or in part, at any time and without any liability to you, your Delegates and/or any other person or entity, including your Subscribing Entity. Spotify may resolve disputes among users or it may leave the resolution of disputes up to the parties involved, who may seek relief from a court of competent jurisdiction. If Spotify resolves any dispute, then you and your Subscribing Entity agree that Spotify's decision is final and binding upon you and your Subscribing Entity, and that, except as required by applicable law, neither you nor your Subscribing Entity will have any cause of action against Spotify, although you may have recourse against any third parties as provided under applicable law. Spotify will also abide by any lawful order from a court of competent jurisdiction.
If your Subscribing Entity or Spotify terminates these Terms, or if Spotify suspends your access to Spotify for Artists, you, on behalf of your Subscribing Entity, agree that Spotify shall have no liability or responsibility to you or your Subscribing Entity, and (except as expressly provided in these Terms, including any Opt-In Terms, or applicable law) if Spotify terminates these Terms or suspends your access to Spotify for Artists for your, or your Subscribing Entity's, breach of these Terms, Spotify will not refund any amounts that you may have already paid. Your Subscribing Entity may terminate these Terms at any time or your individual right to Access Spotify for Artists, in which case you may not continue accessing or using Spotify for Artists. To learn how to terminate your Spotify account, please use the Customer Support resources on our About Us page.
The following sections shall survive termination: Sections 2 (The Spotify Service Provided by Us), 3 (Your Use of the Spotify Service) (except as set forth therein), 4 (Content and Intellectual Property Rights), 6 (Problems and Disputes), and 7 (About These Terms), as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.
Warranty disclaimers
EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS AND UNDER APPLICABLE LAW, SPOTIFY FOR ARTISTS IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES, CONDITIONS OR TERMS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, SPOTIFY AND ALL OWNERS OF THE SPOTIFY FOR ARTISTS CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, CONDITIONS OR TERMS REGARDING THE SPOTIFY FOR ARTISTS CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER SPOTIFY NOR ANY OWNER OF CONTENT WARRANTS THAT SPOTIFY FOR ARTISTS OR SPOTIFY FOR ARTISTS CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, SPOTIFY MAKES NO REPRESENTATION OR CONDITION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE SPOTIFY FOR ARTISTS CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH SPOTIFY FOR ARTISTS OR ANY HYPERLINKED WEBSITE, AND SPOTIFY IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU OR YOUR SUBSCRIBING ENTITY AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU OR YOUR SUBSCRIBING ENTITY FROM SPOTIFY SHALL CREATE ANY WARRANTY ON BEHALF OF SPOTIFY. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of liability and time for filing a claim
EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS AND UNDER APPLICABLE LAW, YOU AND YOUR SUBSCRIBING ENTITY AGREE THAT YOUR AND YOUR SUBSCRIBING ENTITY'S SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH SPOTIFY FOR ARTISTS IS TO UNINSTALL ANY SPOTIFY SOFTWARE AND TO STOP USING SPOTIFY FOR ARTISTS. YOU AND YOUR SUBSCRIBING ENTITY AGREE THAT SPOTIFY HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH SPOTIFY FOR ARTISTS, AND WHILE YOUR AND YOUR SUBSCRIBING ENTITY'S RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR AND YOUR SUBSCRIBING ENTITY'S SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO SPOTIFY, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPOTIFY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE SPOTIFY FOR ARTISTS, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SPOTIFY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO SPOTIFY FOR ARTISTS, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY YOUR SUBSCRIBING ENTITY TO SPOTIFY DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM; OR (B) $30.00.
For clarification, these Terms do not limit Spotify's liability for fraud, fraudulent misrepresentation, or death or personal injury resulting from negligence to the extent that applicable law would prohibit such a limitation.
EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAW, ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION OR FILING AN INDIVIDUAL ACTION UNDER THE ARBITRATION AGREEMENT BELOW) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD EXCEPT AS OTHERWISE REQUIRED UNDER APPLICABLE LAW.
Third party rights
You and your Subscribing Entity acknowledge and agree that owners of the Spotify for Artists Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you and your Subscribing Entity. Other than as set out in this section, these Terms are not intended to grant rights to anyone except you, your Subscribing Entity and Spotify (including, where applicable, under the United Kingdom's Contracts (Rights of Third Parties) Act 1999 or equivalent law in your jurisdiction), and in no event shall these Terms create any third-party beneficiary rights.
If you have downloaded any of our mobile software applications (each, an "App") from the Apple Inc. ("Apple") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and your Subscribing Entity and Spotify only, not with Apple, and Apple is not responsible for Spotify for Artists and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Spotify for Artists. In the event of any failure of Spotify for Artists to conform to any applicable warranty, you may notify Apple and Apple will refund the applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to Spotify for Artists. Apple is not responsible for addressing any claims by you or any third party relating to Spotify for Artists or your possession or use of Spotify for Artists, including: (1) product liability claims; (2) any claim that Spotify for Artists fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that Spotify for Artists or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using Spotify for Artists. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
**Indemnification **
You and your Subscribing Entity agree to indemnify and hold Spotify, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers and licensors harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your and your Subscribing Entity's breach of any of these Terms (including any additional Spotify terms and conditions incorporated herein); (2) any User Content you and your Subscribing Entity post or otherwise contribute (including any infringing, offensive or otherwise non-compliant material); (3) any activity in which you or your Subscribing Entity engage on or through Spotify for Artists; and (4) you and your Subscribing Entity's violation of any law or the rights of a third party.
Governing law, mandatory arbitration and venue
Governing law and jurisdiction
Unless otherwise required by mandatory laws in the jurisdiction in which you and your Subscribing Entity are located or organized or otherwise subject, these Terms (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country as listed below, without regard to choice or conflicts of law principles.
Subject to the "Arbitration" section below, you, your Subscribing Entity and Spotify agree to the jurisdiction of the courts listed below to resolve any dispute, claim, or controversy that arises in connection with these Terms (and any non-contractual disputes/claims arising out of or in connection with them), except where under applicable mandatory laws, you and your Subscribing Entity can choose to bring legal proceedings in your country of residence/organization, as applicable, or we are required to only bring legal proceedings in your and your Subscribing Entity's country of residence/organization.
| Country or region | Choice of Law | Jurisdiction |
|---|---|---|
| All other countries and regions in which Spotify is available. | Sweden | Exclusive; Courts of Sweden |
| Bulgaria, Cyprus, Estonia, France, Hong Kong, Latvia, Lithuania, Luxembourg, Malta, Monaco, Norway, Philippines, Portugal, Slovakia, Spain, Turkey | Laws of Sweden | Non-exclusive; Courts of Sweden |
| Brazil | Laws of Brazil | Exclusive; State and Federal Courts of São Paulo, State of São Paulo, Brazil |
| Canada | Not applicable to residents of Quebec: Laws of the Province of OntarioResidents of Quebec: Laws of the Province of Quebec, Canada | Not applicable to residents of Quebec: Exclusive other than for the purpose of enforcing judgements; Courts of Ontario, CanadaResidents of Quebec: Courts of Quebec, Canada |
| Argentina, Bolivia, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Peru, Uruguay | State of California, United States | Exclusive; State and Federal Courts of San Francisco County, CA or New York, NY |
| United Kingdom | Laws of England and Wales | Exclusive |
No class or representative proceedings; class action waiver
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU, YOUR SUBSCRIBING ENTITY AND SPOTIFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you or your Subscribing Entity and Spotify agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
Arbitration
Notwithstanding the "Governing Law and Jurisdiction" section above, if you and/or your Subscribing Entity is located in, are based in, have offices in, or do business in a jurisdiction in which this section is enforceable, the following mandatory arbitration provisions apply to you and/or your Subscribing Entity, as applicable:
Dispute Resolution and Arbitration
You and your Subscribing Entity and Spotify agree that any dispute, claim, or controversy between you and/or your Subscribing Entity and Spotify arising in connection with or relating in any way to these Terms or to your and your Subscribing Entity's relationship with Spotify as a user of Spotify for Artists (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.
Exceptions
Notwithstanding the paragraph above, you, your Subscribing Entity and Spotify agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of your or our rights, at any time, to (1) bring an individual action in a small claims court, (2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.
Arbitration rules
Either you, your Subscribing Entity or we may start arbitration proceedings. Any arbitration between you, your Subscribing Entity and Spotify will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the "ICC") then in force (the "ICC Rules") by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Terms, and will be administered by the International Court of Arbitration of the ICC.
Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of the relevant state or country described in the "Governing law and jurisdiction" paragraph, without regard to choice or conflicts of law principles.
Time for Filing
Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
Notice; process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Spotify's address for Notice is: Spotify AB, Attn: General Counsel, Regeringsgatan 19, 111 53 Stockholm, Sweden. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Spotify may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Spotify shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Spotify shall pay you (1) the amount awarded by the arbitrator, if any, (2) the last written settlement amount offered by Spotify in settlement of the dispute prior to the arbitrator's award; or (3) $1,000.00, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator's decision and award, neither you nor Spotify shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.
Modifications
In the event that Spotify makes any future change to this "Arbitration" section (other than a change to Spotify's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Spotify's address for Notice, in which case your account with Spotify shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
Enforceability
If the class action waiver above is found to be unenforceable in arbitration or if any part of this "Arbitration" section is found to be invalid or unenforceable, then the entirety of the "Arbitration" section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in the "Governing law and jurisdiction" paragraph above shall govern any action arising out of or related to these Terms and you shall not be prevented from bringing proceedings at any time.
7. About These Terms
Under applicable law, you and your Subscribing Entity may have certain rights that cannot be limited by a contract. These Terms are in no way intended to restrict or limit those rights.
Changes to these Terms
We may make changes to these Terms (including any additional Spotify terms and conditions incorporated by reference herein) from time to time by notifying you and/or your Subscribing Entity of such changes by any reasonable means, including by posting the revised Terms on the applicable Spotify Service (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message or other prominent notice within the Service, or other means). Any such changes will not apply to any dispute between you and your Subscribing Entity and us arising prior to the date on which the Terms were changed. Your and your Subscribing Entity's use of Spotify for Artists following any changes to these Terms will constitute your and your Subscribing Entity's acceptance of such changes. If you and your Subscribing Entity do not wish to continue using Spotify for Artists under the updated Terms, you and your Subscribing Entity may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.
Entire agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Spotify, these Terms, including without limitation any terms and conditions incorporated herein, constitute all the terms and conditions agreed upon between you and your Subscribing Entity and Spotify and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. As noted above, other terms and conditions governing use of Spotify for Artists are incorporated herein by reference, including the following terms and conditions: Opt-In Terms with respect to specific Programs; the Spotify User Guidelines; the Spotify Copyright Policy; and the Spotify Support Community Terms. In the event of inconsistency with these Terms, Opt-In Terms take precedence over these Terms solely with respect to the Programs to which they apply, and the Spotify User Guidelines take precedence over these Terms solely with respect to Spotify for Artists Content and User Content. Otherwise, these Terms take precedence over other terms and conditions incorporated within these Terms, solely with respect to Spotify for Artists.
Severability and waiver
Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Spotify or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive Spotify's or the applicable third-party beneficiary's right to do so.
Assignment
Spotify may, at any time, assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. Neither you nor your Subscribing Entity may assign these Terms, at any time, in whole or in part, or transfer or sub-license your or your Subscribing Entity's rights under these Terms, to any third party.
Language
In the event that the Terms, or any part thereof, are translated into other languages and there is a discrepancy between versions in different languages, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.
Contracting Entity
Spotify AB
Regeringsgatan 19
111 53 Stockholm
Sweden