Spotify Live Terms of Sale

Effective as of 19 May 2021

Welcome to the Spotify Live Terms of Sale. On this page, you can find and read the terms and conditions that apply to your purchase of a ticket for a Spotify Live Event.

PLEASE READ THESE TERMS CAREFULLY AND IN FULL. THEY CONTAIN CONDITIONS AND RESTRICTIONS RELATING TO YOUR PURCHASE.

1. Introduction

1.1. Spotify offers a service which allows users to watch a variety of pre-recorded audiovisual events ("Spotify Live"). Thank you for your interest in purchasing a ticket for an event offered as part of Spotify Live (a "Spotify Live Event").

1.2 "Spotify", "we", "us", "our" means (a) if you are are accessing Spotify Live from 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 you are accessing Spotify Live from any country outside of the United States of America: Spotify AB, of Regeringsgatan 19, 111 53 Stockholm, Sweden, with registered number 556703-7495.

1.3 Unless stated otherwise, Spotify Live Events are pre-recorded digital transmissions that are made available to access on a particular date and time. By purchasing a ticket to a Spotify Live Event, you are entering into a binding contract. Spotify Live is accessed via spotify.live (our "Website").

1.4 Access to Spotify Live and each Spotify Live Event is made available subject to these terms and conditions (the "Spotify Live Terms"). As Spotify Live is accessed via our Website, please note that your access to Spotify Live and each Spotify Live Event will also be governed by the Spotify Terms and Conditions of Use ("Spotify Terms of Use").

1.5 Please also read our Privacy Policy carefully, as this sets out how we use any personal data that you provide to us.

1.6 Spotify Live is provided in partnership with Driift, a live events production business. This means Driift provides us with technical assistance in relation to certain aspects of Spotify Live, such as the checkout process. When purchasing tickets for a Spotify Live Event, Driift will also use your personal data, in accordance with the Driift Privacy Policy.

2. Ticket Purchases

2.1 To submit an order for a ticket to a Spotify Live Event (an "Order"), you will need to have a Spotify account. If you don't have a Spotify account, you will need to register an account with us before you can place an Order.

2.2 To place an Order and to access a Spotify Live Event, you need to meet the requirements in section 1 of the Spotify Terms of Use, including without limitation meeting the required minimum age threshold in your country and having consent of your parent or legal guardian (as applicable), and not being barred from doing so under any applicable laws, and residing in a country where the Spotify Service (as defined in the Spotify Terms of Use) is available.

2.3 To place an Order, you will need to follow the procedure set out on the Website. The Order process allows you to check and amend any errors before submitting your Order. Please check your Order carefully before confirming it. You are responsible for ensuring that your Order is complete and accurate. The Order process is only available in the English language and we will not file a copy of any contract.

2.4 Your Order is an offer by you to enter into a contract. Acceptance of your Order will be confirmed when we send you a digital ticket to the Spotify Live Event you have placed an Order for (a "Ticket"). These Spotify Live Terms and the Order will become legally binding when we send you the Ticket and each Order shall incorporate the Terms and shall be a new and separate contract ("Contract").

2.5 There is a limit of one (1) Ticket purchase to a Spotify Live Event per customer. You are not permitted to resell or transfer any Tickets that you purchase. Any attempt to do so will be a breach of these Terms and we will be entitled to invalidate or cancel your Ticket, without providing you with a refund or other compensation.

3. Access to Spotify Live Events

3.1 Following conclusion of your Order in accordance with Section 2, we will send you a Ticket for the Spotify Live Event that you have purchased access to. Please look after this Ticket as you will need it to be able to access the stream of the Spotify Live Event.

3.2 Spotify Live Events will be streamed on the Website. To use and access the Website, you will need internet access. You are responsible for making all arrangements necessary for you to have access to the Website.

3.3 Unless otherwise specified, you will not be able to pause, rewind or otherwise control the playback of the Spotify Live Event.

3.4 To accommodate a range of timezones, each Spotify Live Event is transmitted at different times. Note that you will only be able to watch the Spotify Live Event at the time and timezone specified in your Ticket. You will not be able to access the transmission at any other time. It is your responsibility to make sure that you can access the Spotify Live Event at the time during which it is streamed. When purchasing your Ticket, you should carefully check the date, time and time zone of the Spotify Live Event to ensure that you are able to attend.

3.5 Recording, attempting to record or in any way facilitating the recording of any Spotify Live Event is strictly prohibited.

3.6 We reserve the right to refuse you entry to, or block your entry to, a Spotify Live Event if:

A. you act in a way which is likely to cause, or causes, disruption to the Spotify Live Event, for example if you engage in behaviour which is threatening, offensive or otherwise objectionable during that Spotify Live Event;

B. we become aware, or suspect (acting reasonably), that your Ticket purchase and/or use of Spotify Live is fraudulent;

C. you use Spotify Live in a way which is contrary to applicable law;

D. you are in breach of these Spotify Live Terms; and/or

E. you are in breach of the Spotify Terms of Use.

4. Price and payment

4.1 Spotify Live is provided in partnership with Driift. Driift provides us with technical assistance in relation to certain aspects of Spotify Live, including the checkout process. Because of this, Driift's name will appear on your bank (or applicable account) statement instead of ours. If you have any problems with your purchase, you can contact us using the details set out in Section 12.

4.2 The price for your Ticket and any additional costs (such as booking fees) will be set out during the Order process. Unless otherwise stated, all Ticket prices are inclusive of applicable taxes.

4.3 You can pay by any of the payment methods set out in the Order process ("Payment Methods"). You confirm that the card or bank account which is being used is yours, or that you have the authorisation of the account holder to use it. If your payment is not authorised, your Order will not be fulfilled.

4.4 It is always possible that some of the Tickets may be incorrectly priced. Ticket prices will normally be checked before your Order is accepted so that, where a Ticket's correct price at the time of your Order is less than the stated price at that time, you will be charged the lower amount. If the Ticket's correct price at the time of your Order is higher than the price stated to you, you will be contacted for your instructions before your Order is accepted. If your Order is accepted and processed where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the Contract and you will be refunded any sums you have paid.

5. Changes to Spotify Live Events, Cancellations and Refunds

Please note that you cannot cancel or exchange your Ticket once purchased -- as a result, refunds are not available. If we cancel or make certain changes to a Spotify Live Event, the following apply:

A. If we have to make changes to a Spotify Live Event, for example to postpone or reschedule it, we will notify you as soon as possible using the details you have provided during the Order process. In the event a Spotify Live Event is postponed or rescheduled, we will give you the option to obtain a refund or exchange your ticket for a ticket to the rescheduled event.

B. If we cancel a Spotify Live Event, we will provide you with a full refund. We will reimburse you using the same Payment Method you used to pay for your ticket, unless you expressly agree otherwise.

6. Limitation of Liability

6.1 Nothing in these Spotify Live Terms excludes or limits our liability for:

A. death or personal injury caused by our negligence;

B. fraud or fraudulent misrepresentation; and

C. any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

6.2 Save as set out above, our maximum liability to you under these Spotify Live Terms in respect of any particular Order will be limited to the value of that Order as set out in the relevant Confirmation Email.

6.3 If we fail to comply with these Spotify Live Terms, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that the Contract your Order became binding (i.e. when the Confirmation Email for that Order was issued). Nothing in these Spotify Live Terms affects your statutory rights.

6.4 We only provide Spotify Live Events for domestic and private use. You agree not to purchase tickets to a Spotify Live Event for any commercial or business purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7. Changes to these Spotify Live Terms

We may make changes to these Spotify Live Terms from time to time (if, for example, there is a change in the law that means we need to change these Spotify Live Terms) but the Spotify Live Terms applicable at the time of your Order will apply to that Order. Please check these Spotify Live Terms regularly to ensure that you understand the terms that apply at the time that you access and use the Website and/or purchase Tickets.

8. Third Party Rights

These Spotify Live Terms are made between you and us. No other person shall have any rights to enforce any of its terms except for any person to whom the benefit of these Spotify Live Terms is assigned or transferred in accordance with Section 9.

9. Assignment

9.1 We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract. In the event that we transfer our rights and obligations pursuant to this Section 9 and your rights and obligations materially change under the Contract, we will notify you and you will have the right to cancel this Contract, provided you have not already accessed the Spotify Live Event.

9.2 You may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without our prior written consent.

10. Other important information

10.1 Each of the clauses of these Spotify Live Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

10.2 If we fail to insist that you perform any of your obligations under these Spotify Live Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

11. Choice of law, mandatory arbitration and venue

Sections 11.1-11.3 (inclusive) do not apply to you if you are resident in the United States of America. If you are resident in the United States of America, please see Sections 11.4 and 11.5 for alternative provisions which do apply to you.

11.1 Governing Law and Jurisdiction

If you are a consumer in the European Union or United Kingdom, the laws of the country in which you reside will apply to any claim you make against us relating to or arising from these Terms, and you may resolve your claim in any competent court in the country in which you reside. In all other cases, unless otherwise required by applicable mandatory law, you agree that any claim you make against us must be resolved in a competent court in Sweden and that the laws of Sweden will govern these Terms and any claim, without regard to conflict of law provisions.

11.2 CLASS ACTION WAIVER

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU 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 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.

11.3 ARBITRATION

If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 11.3. is enforceable, the following mandatory arbitration provisions apply to you:

A. Dispute resolution and arbitration

You and Spotify agree that any dispute, claim, or controversy between you and Spotify arising in connection with or relating in any way to these Agreements or to your relationship with Spotify as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) 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 the Agreements.

B . Exceptions

Notwithstanding clause 11.3(A) above, you and Spotify both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of 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

C. Arbitration rules

Either you or we may start arbitration proceedings. Any arbitration between you and Spotify will be finally settled by arbitration 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 Agreements, 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 Swedish law, without regard to choice or conflicts of law principles.

D. 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.

E. 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, Attn: General Counsel, 4 World Trade Center, 150 Greenwich Street, 62nd Floor, New York, New York 10007, USA]. 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.

F. Modifications

In the event that Spotify makes any future change to this arbitration provision (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.

G. Enforceability

If the class action waiver at Section 11.2 is found to be unenforceable in arbitration or if any part of this Section 11.3 is found to be invalid or unenforceable, then the entirety of this Section 11.3 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 11.1 shall govern any action arising out of or related to the Agreements.

If you are resident in the United States of America, Sections 11.4 and 11.5 to apply to you.

11.4 The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of California, United States of America, without regard to choice or conflicts of law principles. Further, you and Spotify agree to the jurisdiction of the Northern District of California to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under Section 11.5.

11.5 ARBITRATION AGREEMENT

This Arbitration Agreement applies only to users in the United States of America.

A.Dispute resolution and arbitration

You and Spotify agree that any dispute, claim, or controversy between you and Spotify arising in connection with or relating in any way to these Agreements or to your relationship with Spotify as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and Spotify further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. 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 any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.

B. Exceptions

Notwithstanding the clause above (Section 11.5(A)), you and Spotify both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn't stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

C. No Class Or Representative Proceedings: Class Action Waiver

YOU 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 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. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

D. Arbitration rules

Either you or we may start arbitration proceedings. Any arbitration between you and Spotify will take place under the Consumer Arbitration Rules of the American Arbitration Association ("AAA") then in force (the "AAA Rules"), as modified by this Arbitration Agreement. You and Spotify agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org. Spotify can also help put you in touch with the AAA.

Any arbitration hearings will take place in the county (or parish) of your billing address, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.

If you choose to file an arbitration proceeding and you are required to pay a filing fee, Spotify will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. Spotify will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

E. Notice; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (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 USA Inc., Attn: General Counsel, 4 World Trade Center, 150 Greenwich Street, 62nd Floor, New York, New York 10007, USA. 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, and the arbitrator issues you an award that is greater than the value of Spotify's last written settlement offer, then Spotify will instead pay you either the amount of the award or $1,000, 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.

F. Enforceability

If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 11.4 shall govern any claim in court arising out of or related to the Agreements.

12. Contact us

If you have any questions concerning Spotify Live, a Spotify Live Event or these Spotify Live Terms, please contact Spotify Customer Service by visiting the About us section of spotify.com.

Thank you for reading these terms. We hope you enjoy the Spotify Live Event!