Spotify Fan Insights Terms of Service, Last Updated October 30th, 2015
Welcome to Spotify Fan Insights. We’re happy you’re here. Below are the “rules of the road” for Fan Insights. Please read the whole thing carefully. If you have any questions, please talk to your lawyer or feel free to contact us. Please check that you agree to these terms after reading through at the bottom of the page.Before we get into the fine print, the basic spirit of this user agreement is:
You can only access your artist information. There’s a lot of valuable and confidential info in here for every artist. We take that seriously and we know you do, too. You’re only allowed to see information for yourself (if you’re an artist) or for artists you currently represent (if you’re a manager).
We’re not perfect.
We work hard to make sure the information you’ll see is accurate, but we’ll get things wrong on occasion. Please contact us here if you see something that looks wrong or that you don’t understand.
We need your help.
This is a beta product and we’re still in the early stage of development. We want to ensure the insights we provide are valuable to you and presented in the clearest possible way. Please let us know what you like, what we need to do better and what new features you’d like to see. We appreciate you taking the time to do so.
Thank you. We exist as a company because of artists like you. We really appreciate your interest in Fan Insights.
and now, for the fine print...
Grant of License. Subject to your ("you" or “your”) full compliance with all of the terms and conditions of this Spotify Fan Insights (“SFI”) Agreement ("Agreement"), Spotify AB (“Spotify”) grants you a non-exclusive, revocable, non-sublicensable, non-transferable license to access the SFI and view and use the SFI Materials (as defined below) to the extent permitted by its functionality for informational purposes. Any other use not authorized herein is strictly prohibited. The SFI and all data, design, text, images, graphics, including all arrangements thereof, contained therein (the "SFI Materials") are the confidential and proprietary property of Spotify. By accessing or otherwise using any portion of the SFI, you agree to be bound by the terms of this Agreement. No rights or licenses are granted except as expressly and unambiguously set forth herein. You and Spotify are each a “Party” and collectively, the “Parties.”
Other Restrictions. You may not (i) copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent expressly authorized by applicable statutory law), modify, create derivative works from, or alter any part of the SFI Materials, (ii) improperly access, alter or store the SFI Materials including using any robot, spider, site search/retrieval application or other tool to retrieve, duplicate, or index any portion of the SFI Materials, (iii) use the SFI Materials to create, develop, distribute or market any product, application or service that is competitive to Spotify and/ or its affiliates (to be determined at Spotify’s sole discretion), (iv) make the SFI Materials available to any third party, in whole or in part, without Spotify’s prior written consent (v) otherwise use the SFI Materials on behalf of any third party. Spotify reserves the right to make any and all alterations to the SFI and SFI Materials at any time and to revoke any license provided herein at any time for any reason.
Intellectual Property. Any and all right, title and interest to the SFI and SFI Materials, including but not limited to copyright, trademarks, patents and any other intellectual property rights, shall remain the sole property of the Spotify. Except as expressly provided herein, Spotify does not grant any express or implied right to you under any Spotify patents, copyrights, trademarks, or trade secret information. This Agreement imposes no obligation on either Party to proceed with any business transaction or agreement and does not create any agency or partnership of any kind between the Parties. This Agreement does not include any right for you to use any trademark, service mark, trade name or any other mark of Spotify.
Support; Errors. Spotify is under no obligation to provide you technical or other support for the SFI and provides no assurances that any specific errors in the SFI or SFI Materials will be corrected. Spotify may make available new features or deprecate certain features of the SFI or any portion of the SFI Materials at any time without notice, liability, or obligation with respect to such features or materials. Spotify assumes no responsibility or liability for any discrepancies, errors, or inaccuracies in the SFI Materials or for any discrepancies between any SFI Materials and any third party data of a similar type.
Representations and Warranties. You hereby represent and warrant to Spotify that (a) you have all the necessary rights, and the full power and authority to enter into this Agreement; (b) your use of the SFI Materials does not violate the rights of any third party or breach any other agreement or covenant to which you are are bound; (c) you agree to comply with all applicable laws, rules, and regulations, and the terms of this Agreement; and (d) you represent or have some contractual or fiduciary relationship with the artist(s) whom you specify for data access within the SFI.
Warranty Disclaimer. YOU UNDERSTAND AND AGREE THAT THE SFI AND SFI MATERIAL IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SFI AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPOTIFY MAKES NO REPRESENTATIONS AND DISCLAIMS ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPOTIFY MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE SFI IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SPOTIFY SHALL CREATE ANY WARRANTY ON BEHALF OF SPOTIFY IN THIS REGARD. SPOTIFY MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT THE USE OF OR THE RESULTS OF THE USE OF THE SFI OR SFI MATERIALS WILL MEET YOUR REQUIREMENTS, BE ACCURATE, RELIABLE, CURRENT, OR THAT OPERATION OF THE SFI WILL BE UNINTERRUPTED OR ERROR FREE. SPOTIFY EXPRESSLY DISCLAIMS THE ACCURACY OR RELIABILITY OF THE SFI MATERIALS IN RELATION TO ANY DATA REPORTED TO YOU BY ANY PERFORMING RIGHTS SOCIETIES, RECORD LABELS, PUBLISHERS, MANAGEMENT, OR ANY OTHER SIMILAR ORGANIZATIONS. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
Limitation of Liability. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SFI IS TO STOP USING THE SFI. TO THE FULLEST 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 OR INABILITY TO USE THE SFI, 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 THE SFI OR SFI MATERIALS IN EXCESS OF TEN US DOLLAR (USD$10), TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Other. Either Party may terminate this Agreement at any time for any reason. You shall indemnify and hold harmless Spotify and its affiliates from any and all claims, damages, liabilities, costs and fees (including reasonable attorneys' fees) arising from your use of the SFI or SFI Materials or from breach of this Agreement. Any amendments to this Agreement must be made in writing and signed by both Parties in order to be valid. This Agreement constitutes the entire agreement between the Parties with respect to the SFI and SFI Materials and supersedes all prior oral or written agreements between the Parties related to the SFI and SFI Materials. You may not assign or transfer this Agreement without the written consent of Spotify. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. The exclusive jurisdiction and venue for actions related to this Agreement will be the state or federal courts located in New York County, New York, and both parties consent to the jurisdiction of such courts with respect to any such action. You acknowledge that your breach of this Agreement may cause irreparable harm to Spotify. Therefore, in addition to any other remedies available to it, Spotify may obtain injunctive relief in the event of any breach or alleged breach of this Agreement without proving actual damages. The following sections shall survive any termination of this Agreement: Intellectual Property, Representations and Warranties, Warranty Disclaimer, Limitation of Liability and Other.