Unlimited Code Terms and Conditions
Effective as from 1 June 2011
This document (“Unlimited Code Agreement”) is a legally binding agreement between you and Spotify USA Inc., registered in USA under number 001 (“Spotify”) that governs your purchase of an Unlimited access code “Unlimited Code” for access to the advertisement free version of the Spotify online streaming music service “Unlimited Service”. By purchasing an Unlimited Code you agree to the terms and conditions of this Unlimited Code Agreement.
1. Rights of Unlimited Code holders
2. Changes to the Unlimited Code Agreement
Spotify may make changes to this Unlimited Code Agreement at its sole discretion. Any material changes will be communicated to you. Your use of the Unlimited Code after such notification of changes to this Agreement will constitute your acceptance of such changes.
3. Use of Unlimited Codes
In order to use your Unlimited Code, please go to the Spotify Unlimited Code redemption page and follow the instructions.
Unlimited Codes are not redeemable for cash and may not be returned for a cash refund, exchanged, resold or used to purchase other Unlimited Codes.
4. Validity and expiry of Unlimited Codes
An Unlimited Code is valid for one year from the date of purchase. This means that you will not be able to use your Unlimited Code after the expiry date. Each Unlimited Code will give you access to the Unlimited Service for the length of time specified on your email or paper receipt.
5. Purchase of Unlimited Codes
If you are ordering on the internet, by ticking the “I agree” box you agree to pay the fee for purchase of the Unlimited Code. Such fee will be charged to in accordance with the payment method you have designated for your purchase. By designating a credit or debit card to be billed, you confirm that you are authorised to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). All prices stated on the Spotify website are inclusive of VAT (where applicable) and other applicable taxes and fees.
If you have purchased an Unlimited Code online, the Unlimited Code you have purchased will be delivered to the email address you have entered on Spotify's website at the time of purchase. Unlimited Codes may only be used in countries where Spotify Unlimited is available.
6. Cooling-off period
If you have purchased your Unlimited Code online, you have the right to cancel your purchase for a period of 14 days after you have received your email confirmation. To cancel your purchase of an Unlimited Code, please email email@example.com with the full code number and Spotify will refund you. Please note once you use the code to access the Unlimited Service you will no longer be entitled to a refund, even if you cease to use the Unlimited Service. In addition, after the 14-day period has elapsed you no longer have the right to cancel your purchase and receive a refund even if you do not subsequently log into the Unlimited Service.
7. Customer support
If you have any questions concerning an Unlimited Code or this Unlimited Codes Agreement, please contact Spotify customer service by visiting the help section.
8. Term and termination
This Unlimited Codes Agreement will become effective in relation to you when you have ticked the “I agree” box when purchasing an Unlimited Code and will remain effective until terminated by you or Spotify.
10. Assignment by Spotify
Spotify may assign all or any part of this Unlimited Codes Agreement or any part thereof without restrictions. You may not assign this Agreement to a third party without the prior written consent of Spotify.
11. Limitation of liability
In no event shall Spotify, its affiliates, officers, directors and employees 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 Unlimited Code, even if you have advised Spotify about the possibility of such loss, and including any damages resulting therefrom.
If your Unlimited Code does not work, then your only remedy is to contact firstname.lastname@example.org to receive a replacement code or refund.
Nothing in this Unlimited Code Agreement removes or limits Spotify's liability for fraudulent misrepresentation, death or personal injury caused by its negligence.
You agree to indemnify and hold Spotify 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 the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.
13. Entire agreement
14. Governing law and disputes
This Agreement 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 this Agreement 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.
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Spotify USA Inc.,
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New York, NY 10011