Live Artist Rooms Terms and Conditions

The live artist rooms feature (the "Program") is a Spotify for Artists Program (currently offered only as a limited test) governed by these opt-in terms and conditions (these "Terms") and the Spotify for Artists Terms and Conditions. By using Spotify for Artists, you have agreed to the Spotify for Artists Terms and Conditions, and by participating in the Program, you agree to these Terms, which constitute a binding contract with Spotify.

1. THE PROGRAM. The Program provides tools that enable artist teams to schedule, market and host one (1) or more live, talk-only room(s) (each a "Room" and collectively, the "Rooms") on the Spotify Live app ("Spotify Live"). The Program is currently available to invited artists with a Spotify for Artists team based in the U.S. only. During this test, each artist may only schedule one Room at this time, until such time as Spotify, in its sole discretion, may permit artists to schedule additional Rooms.

a. Through the Program, you can schedule a Room on Spotify Live for a future date, subject to any scheduling parameters that Spotify may provide you.

b. You are not permitted to play, stream or perform any music -- live or recorded -- other than through the official in-room music streaming feature offered by Spotify ("In-room Music Streaming Feature"), and you agree not to record any Rooms using any device. You agree to indemnify and hold Spotify Indemnitees (as defined below) harmless from and against all Claims (as defined below) arising out of or related to your breach of this prohibition.

c. Rooms will only be accessible to Spotify Live users in select markets ("Test Markets"), as set forth in Program-related materials provided to you by Spotify. You must be physically located in a Test Market in order to go live in a Room on Spotify Live.

d. By scheduling a Room, you are hereby requesting and authorizing Spotify to send out automated emails inviting the Room to your top fans on the Spotify service in the Test Markets. Fans who want to participate in your scheduled Room can register through the marketing emails that they receive.

e. At Spotify's sole discretion, you may also have the opportunity to integrate certain revenue opportunities (e.g., linking items on your Shopify store in the Room) in your Room.

f. Rooms that utilize the In-room Music Streaming Feature are limited to hosts and Room attendees that have Premium Spotify accounts.

**2. SPOTIFY LIVE. **Once you schedule a Room on Spotify Live, you will be registered as the host of the upcoming live Room on Spotify Live. In order to host the Room, you must have (or must download) the Spotify Live application, and agree to the Spotify Live Terms of Use and Spotify Platform Rules. Your use of Spotify Live will be governed by those Terms of Use as well as the Spotify Live Privacy Policy. Please make sure to read closely those terms to understand your full obligations regarding your use of Spotify Live. You must not schedule a Room on Spotify Live using the Program unless you can access Spotify Live and agree to its Terms of Use and Privacy Policy.

3. YOUR OBLIGATIONS. By scheduling a Room on Spotify Live using the Program, you hereby agree to fulfill all of your obligations to host that Room on the scheduled date and time. You represent and warrant to Spotify that you will appear at the agreed upon date and time, and conduct a live Room for your fans. Without limiting anything in the Spotify for Artists Terms and Conditions, you hereby further represent, warrant and agree that: (i) you have full right, power and authority to agree to these Terms and to participate in the Rooms and the Program; (ii) it is not necessary for Spotify to obtain the consent or permission of, or to pay any amounts to, any third party in order to distribute the Rooms on Spotify Live or otherwise fully enjoy the rights granted under these Terms; (iii) you shall comply with all applicable laws, rules and regulations at all times while participating in the Rooms and the Program; (iv) with the sole exception of content streamed through the In-room Music Streaming Feature, all material used in the Rooms or otherwise as part of your participation in the Program shall be wholly original with you, will be fully cleared, will not be copied in whole or in part from any other work, and the material is not the subject of any litigation or claim that might give rise to litigation; (v) you shall not use or permit any third party to use any Spotify intellectual property without the prior written consent of Spotify in each instance; and (vi) Spotify's distribution of the Rooms on Spotify Live will not violate or infringe upon the copyright or artistic and/or other rights of any third parties nor cause you to violate any agreements to which you are a party or exclusive licenses which you have granted to a third party, including, to the extent applicable, music publishers, music labels, etc. and will not defame or violate the right of privacy or any other rights of any party. You hereby agree to defend, indemnify and hold harmless Spotify and Spotify's respective employees, directors, officers and agents (collectively, the "Spotify Indemnitees"), from and against any and all claims, demands, suits, losses, costs, expenses (including, without limitation, reasonable attorneys' fees), damages or recoveries that may be obtained against, imposed upon or suffered by any of the Spotify Indemnitees ("Claims") arising out of or related to (1) your failure to fulfill your obligations hereunder; (2) your breach of any of these Terms (including any additional Spotify terms and conditions incorporated herein); (3) any content you contribute; (4) any activity in which you engage on or through the Rooms or otherwise as part of the Program or in connection with these Terms, including, without limitation, the sale of merchandise, digital goods, tickets, or any similar activities; and (5) your violation of any law or the rights of a third party. These indemnification obligations are in addition to any obligations set forth in the Spotify for Artists Terms and Conditions and Spotify Live Terms of Use.

4. LICENSE. You hereby expressly and irrevocably grant to Spotify (including Spotify's affiliates, distributors, successors, assigns, agents, designees and licensees) the irrevocable right to use your performance, name, image, likeness, voice, persona and (as applicable) statements, anecdotes and opinions ("Personal Rights") in connection with the Rooms, the Program, Spotify Live and/or promotional materials related thereto. The automated emails that we send to your top fans upon your scheduling of a Room using the Program may contain your Personal Rights and other User Content that you license to Spotify pursuant to Section 6 of the Spotify for Artists Terms. If you do not agree to us sending those automated emails containing this User Content, you should not use this Program. You, on behalf of yourself and your heirs, successors and assigns, hereby (a) irrevocably release, discharge and hold harmless Spotify and its respective licensees, assigns, successors, parents, subsidiaries and affiliates, and each of their respective officers, directors, shareholders, employees, agents, and representatives from any and all claims, actions, damages, losses, liabilities, costs, expenses, injuries and/or causes of action of any kind or nature whatsoever, including but not limited to, those for libel, slander, defamation, invasion of any rights of privacy, publicity or personality, infringement of copyright or violation of any other right (including any civil or moral rights), whether known or unknown, that you may now have or may hereafter have arising out of your Personal Rights in connection with the Rooms, the Program and/or Spotify Live as described herein; and (b) waive the provisions of Section 1542 of the California Civil Code, and any similar law throughout the universe that may govern these Terms, which provides:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

**5. ACKNOWLEDGEMENTS. **You acknowledge that:

a. This is an alpha test only, and Spotify may make changes to the features and functionality during or after the Program in its sole discretion with or without notice to you.

b. Spotify does not guarantee, and is not responsible for, your achieving any revenue or other business objective as a result of participating in this Program.

c. You acknowledge that you will receive no royalties or other payments for Spotify's use of your Personal Rights and your participation in the Rooms. The consideration you shall receive in exchange for this release is the opportunity to have your image publicized, and you agree that this consideration is good and valuable to you, and sufficient to support this agreement.

d. Nothing contained in these Terms shall be construed as creating any partnership, independent contractor relationship, joint venture or other form of joint enterprise, employment or fiduciary relationship between you and Spotify.

e. Spotify, at its own discretion, may end the Program at any time and does not guarantee your continued access to the Program or any equivalent feature or functionality.

f. Spotify, at its own discretion, may end your participation in and access to the Program at any time without prior notice, including without limitation for your violation of these Terms and other terms to which you must agree to participate in the Program.

g. You agree to comply with all applicable laws and regulations when using the Program. Without limiting the above, you acknowledge that you are solely responsible for complying with all applicable terms and requirements in connection with your use of Spotify Live.

h. You acknowledge and agree that in no event will you be entitled by reason of our use of your Personal Rights to seek any equitable remedy, including, without limitation, injunctive relief or any other equitable remedy which would enjoin, restrain or otherwise hinder our use of your Personal Rights.

i. You understand that Spotify may use and disclose your personal data, including to comply with its legal obligations, and you may consult https://www.spotify.com/legal/privacy-policy/ to learn about your rights with respect thereto.