Effective as from 12 December 2011
1. Contract formation
By creating a Spotify Support Account, you confirm that any registration information that you submit to Spotify is true, accurate and complete, that you will update such information in order to keep it current, and that you agree to these Terms and the Guidelines. You agree to not include photos, trademarks, trade names, logos or other information in your profile that is inappropriate or offensive or that infringes privacy rights or intellectual property rights of Spotify or any of its affiliates or group companies (together, the “Spotify Group”), or a third party. In addition, it is strictly prohibited to include information in your profile that suggests that you are a Spotify employee or moderator, or otherwise pose as such an employee or moderator when using the Spotify Support Community. You also acknowledge and agree that Spotify may remove or reclaim your username at any time if Spotify in its absolute discretion considers such action appropriate.
2. Changes to the Terms
Spotify may make changes to these Terms at its sole discretion. Any material changes will be communicated to you and your acceptance of and / or continued use of the Spotify Support Community after such notification of changes to the Terms will constitute your acceptance of such changes.
3. No official support
Information, advice or other material of any kind posted on the Spotify Support Community (“Content”) is not official support provided by the Spotify Group. For official support with account related and payment related questions, please submit a ticket to our customer service department using the contact form. You acknowledge that opinions expressed in Content on the Spotify Support Community are those of contributors of such Content only and does not reflect the opinions or policies of Spotify or the Spotify Group.
4. Content Posted and Moderation
You are responsible for all Content that you post on the Spotify Support Community. Spotify or other companies of the Spotify Group does not control and assumes no responsibility for such Content or any Content posted by other users. Any Content provided to you by Spotify employees or moderators are provided on an “as is” basis without warranties of any kind.
Spotify reserves the right to moderate the activity on the Spotify Support Community and may remove or edit any Content for any or no reason, including, but not limited to, Content that, in Spotify’s sole discretion, violates these Terms or the Guidelines. Spotify may remove or edit such Content without prior notification to the responsible user.
6. Restrictions of use
You are not allowed to post Content on the Spotify Support Community which conflicts with this Section 6 or otherwise with these Terms or the Guidelines. You acknowledge and agree that posting of such Content may result in immediate termination or suspension of your Spotify Support Account. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Spotify:
- is offensive, abusive, harassing, defamatory, pornographic, threatening, obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of the Spotify Group or a third party;
- includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content, such as malware, trojan horses or viruses;
- includes your or any other user’s password;
- involves the transmission of unsolicited mass mailing or "spamming", or junk mail, chain letters or similar;
- involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes;
- links or references to commercial products or services;
- interferes with or disrupts the Spotify Support Community; or
- conflicts with the Guidelines.
7. Reward Program
The Spotify Support Community features a reward system whereby Spotify, in its sole discretion, may reward users based on the amount of “Kudos” received or quality of responses by a user. You agree to only give Kudos to other users and only when deserved, and to refrain from any attempts to manipulate the reward system e.g. by creating multiple accounts or artificial responses. You acknowledge that Spotify’s decision in respect of any reward shall be final and binding.
8. Limited license
You grant the Spotify Group a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, make available to the public, publish, translate, create derivative works from and distribute any Content that you post on or otherwise provide through the Spotify Support Community and to exercise all copyright and publicity rights with respect to such Content.
9. Term and termination
These Terms will become effective in relation to you when you create a Spotify Support Account and will remain in effect until you terminate your Spotify Support Account or the earlier termination by Spotify thereof. You may terminate your Spotify Support Account at any time by sending a request to firstname.lastname@example.org. Without limiting its other rights to terminate access to the Spotify Support Community, Spotify reserves the right to terminate or suspend your Spotify Support Account at any time in case of use which, in Spotify’s sole discretion, is in contravention of these Terms or the Guidelines. If Spotify terminates or suspends your Spotify Support Account for any reason whatsoever, Spotify or other companies of the Spotify Group, shall have no liability or responsibility to you. Please note that if your Spotify Support Account is terminated by you or Spotify for any reason, Content that you have posted will be kept in the Spotify Support Community in an anonymized form.
10. No warranty
The use of the Spotify Support Community is at your own risk. The Spotify Support Community is provided on an “as is” and “as available” basis. To the fullest extent possible under applicable law, Spotify gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the Spotify Support Community. In addition, Spotify does not warrant, endorse, guarantee or assume responsibility for any Content posted on the Spotify Support Community or any hyperlinked website. As with any information or advice, obtained through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Spotify or any other company of the Spotify Group shall create any warranty on behalf of Spotify or the Spotify Group in this regard.
11. Limitation of liability
In no event shall Spotify, the Spotify Group, officers, directors, employees, licensors of the Spotify Group or any third parties be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use the Spotify Support Community, even if you have advised Spotify about the possibility of such loss, and including any damages resulting therefrom. Your only right with respect to any problems or dissatisfaction with the Spotify Support Community is to terminate your account as set out in Section 9 above and to stop using the Spotify Support Community. Nothing in these Terms removes or limits Spotify’s liability for fraudulent misrepresentation, death or personal injury caused by its negligence.
You agree to indemnify and hold Spotify, the Spotify Group and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of these Terms or the Guidelines, or your violation of any laws, regulations or third party rights.
13. Intellectual property
Spotify respects intellectual property rights, and expects you to do the same. Please note therefore that the Spotify Support Community is the property of Spotify, the Spotify Group or its licensors and is protected by intellectual property rights (including but not limited to copyright) and that you do not have a right to use the Spotify Support Community in any manner not covered by these Terms or the Guidelines. Furthermore, you must not infringe any third party’s intellectual property rights or proprietary rights in using the Spotify Support Community, which means that (for example) you may not post Content on the Spotify Support Community, unless you have obtained sufficient legal right to do so. Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the Spotify Support Community. It is Spotify’s policy (A) to block access to or remove postings or other content that it believes in good faith infringes the copyrights of third parties, and (B) to remove and discontinue service to repeat infringers. If you believe that content posted on the Spotify Support Community infringes your copyright, please send a notice of claimed copyright infringement, with the following information, to the Designated Agent noted below:
- Information reasonably sufficient to permit Spotify to contact you, such as your real name, address, telephone number, and, if available, an electronic email address at which you may be contacted;
- Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works on the Spotify Support Community are covered by a single notification, a representative list of such works;
- Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Spotify to locate such material, including if possible the name of such work, and where such material may be found on the Spotify Support Community (please be as detailed as possible so that we can actually find the material that you claim is infringing);
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- Your electronic or physical signature.
Once a complete and proper notice of claimed copyright infringement is received by the Designated Agent, Spotify will investigate such matter and take appropriate action(s), which may include, without limitation, removal of or disabling of access to infringing material and termination of site privileges of anyone who repeatedly infringes the copyrights of others. The name and contact address for Spotify’s Designated Agent are as follows:
Spotify USA Inc.
Attn: Legal Department, Designated Agent
76 9th Avenye
Suite 1110, 11th Floor
New York, NY 10011
14. Technology limitations and modifications
Spotify will make reasonable efforts to keep the Spotify Support Community operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Spotify reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Spotify Support Community or any of its functions and features with or without notice. If Spotify modifies or discontinues the Spotify Support Community for any of the reasons set out above in this Section 14, Spotify or any other company of the Spotify Group, shall have no liability or responsibility to you.
When you sign up for a Spotify Support Account, Spotify may transfer certain personal information such as your email address, Spotify username and/or Facebook display name and your type of subscription (e.g. Free Service, Unlimited Service or Premium Service) to the third party hosting the Spotify Support Community (the “Hosting Partner”). The Hosting Partner is only allowed to use your personal information in order to provide the Spotify Support Community. In addition, when you use the Spotify Support Community, we and the Hosting Partner will automatically receive information about your use, including personal information such as, queries you make, date and time of your request, your Internet protocol address, performance of your network and computer, your browser type, language and identifying information, your operating system and application version.
When you register a Spotify Support Account, we will ask you to create a specific Spotify Support Community username which will be publicly displayed for all the users of the Spotify Support Community when you post Content. If you choose to not create such username, your Spotify username or your Facebook display name will be publicly displayed when you post Content. If you do not wish for such use of your Spotify use name and/or Facebook display name to take place, you should either create a specific Spotify Support Community username or refrain from using the Spotify Support Community.
16. Assignment by Spotify
Spotify may assign its rights and obligations in connection these Terms or your Spotify Support Account, or any part thereof, without restrictions. You may not assign your rights or obligations in connection these Terms or your Spotify Support Account, or any part thereof, to any third party.
17. Entire agreement
Should for any reason or to any extent any provision of the Community Terms and Guidelines be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Community Terms and Guidelines and the application of that provision shall be enforced to the extent permitted by law.
19. Governing law and disputes
The Community Terms and Guidelines shall be governed and construed in accordance with the laws of the country of your residence. Any dispute, controversy or claim arising out of or in connection with the Community Terms and Guidelines will be subject to the non-exclusive jurisdiction of the court or other tribunal closest to your home with the appropriate knowledge and expertise to deal with such dispute, controversy, or claim.
20. English version prevails
In the event that the Community Terms and Guidelines is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.
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Spotify USA Inc.,
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New York, NY 10011