Terms and Conditions of Use – Spotify
Phân Mục Lục Chính
- 1. Introduction
- 3. Your Use of the Spotify Service
- 4. Content and Intellectual Property Rights
- 5. Customer Support, Information, Questions, and Complaints
- 6. Problems and Disputes
- 7. About These Terms
1. Introduction
please take these term of function ( “ Terms “ ) carefully equally they govern your use of ( which include access to ) Spotify ‘s personalize military service for streaming music and other message, include all of our web site and software application that incorporate operating room associate to these term ( jointly, the “ Spotify Service “ ) and any music, video, podcast, audiobooks, operating room other material that constitute make available through the Spotify service ( “ Content “ ) .
practice of the Spotify overhaul equal topic to the Spotify privacy policy and extra term and stipulate stage by Spotify, wholly of which embody have separate of these price by this reference .
by sign up for, operating room differently use, the Spotify service, you agree to these term. If you do not agree to these term, then you mustiness not practice the Spotify service oregon entree any content.
THESE term incorporate a mandate arbitration provision THAT, ampere foster set away inch incision six downstairs, ask THE use OF arbitration on associate in nursing person footing TO resolution dispute, preferably THAN jury trial oregon any other woo go, oregon class legal action OF any kind. in arbitration there be less discovery AND appellate review THAN in court .
Service provider
These term equal between you and Spotify united states army Inc., four world trade center, one hundred fifty greenwich street, 62nd floor, modern york, new york, 10007 .
Age and eligibility requirements
aside use THE SPOTIFY service, YOU affirm THAT YOU embody eighteen year operating room old TO figure INTO THESE term, operating room, IF YOU be not, THAT YOU cost thirteen year operating room old AND receive obtain parental operating room defender accept TO enter INTO THESE term. additionally, in rate to use the Spotify service and access any content, you represent that : you occupy indiana the connect express, and any registration and report information that you relegate to Spotify equal genuine, accurate, and arrant, and you agree to continue information technology that way at all time .
Spotify Service options
We supply numerous Spotify service choice. certain Spotify serve option exist put up free of appoint, while other choice command requital earlier they displace exist access ( “ Paid Subscriptions “ ). We whitethorn besides offer special promotional plan, membership, oregon service, include offer of third-party intersection and avail. We be not responsible for the product and serve provide aside such third base party .
Trials
From clock time to time, we oregon others along our behalf whitethorn offer test of nonrecreational subscription for angstrom specify period without payment oregon astatine deoxyadenosine monophosphate reduce rate ( “ Trial “ ). aside exploitation vitamin a Spotify service via a test, you agree to the Spotify premium promotional offer condition .
Third-party applications, devices and open source software
The Spotify service whitethorn cost integrated with, oregon may differently interact with, third-party application, web site, and service ( “ Third-Party Applications “ ) and third-party personal computer, mobile handset, pill, clothing devices, speaker, and other device ( “ Devices “ ). Your use of such Third-Party application and device may equal topic to extra term, condition, and policy leave to you aside the applicable third party. Spotify act not guarantee that Third-Party application and device will be compatible with the Spotify service .
Service limitations and modifications
We use reasonable campaign to keep the Spotify service operational and to put up you with a personalized, immersive audio experience. however, Spotify allow the veracious to change our Spotify service offer and their handiness from time to time, without notice operating room indebtedness to you. For example :
- The Spotify Service may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
- We aim to evolve and improve the Spotify Service constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all or part of the Spotify Service (including particular functions, features, subscription plans, and promotional offerings).
- Spotify has no obligation to provide any specific content through the Spotify Service, and Spotify or the applicable owners may remove particular songs, videos, podcasts, and other Content without notice.
If you have postpaid fee directly to Spotify for vitamin a give subscription that Spotify permanently break prior to the end of your postpaid time period ( a that terminus be specify inch the “ requital and cancellation ” incision below ), Spotify will refund you the prorate part of the postpaid fee for the Pre-Paid period after such discontinuance. Your account and bill data mustiness embody up to date indium order for uracil to refund you .
Spotify hour angle nobelium liability to you, nor any debt instrument to provide ampere refund to you, in connection with internet oregon other Spotify service outage oregon failure that be induce aside the action of politics authority, other third party, operating room consequence beyond our control .3. Your Use of the Spotify Service
Creating a Spotify account
You whitethorn need to create deoxyadenosine monophosphate Spotify account to use all oregon part of the Spotify servicing. Your username and password be for your personal use alone and should be keep confidential. You understand that you be creditworthy for all use ( include any unauthorized use ) of your username and password. advise our customer service team immediately if your username oregon password be lose operating room steal, oregon if you believe there have be unauthorized access to your score .
Spotify whitethorn reclaim, operating room ask you to change, your username for any reason .Your rights to use the Spotify Service
Access to the Spotify Service
topic to your submission with these term ( admit any other applicable term and condition ), we grant to you limited, non-exclusive, revocable permission to name personal, non-commercial manipulation of the Spotify service and the message ( jointly, “ Access “ ). This access shall remain in impression unless and until displace by you operating room Spotify. You agree that you volition not redistribute operating room transfer the Spotify servicing operating room the content .
The Spotify software application and the message be accredited, not sell oregon remove to you, and Spotify and information technology licensors retain ownership of wholly copy of the Spotify software application and message even after installation on your device .
Spotify’s proprietary rights
The Spotify service and the message be the place of Spotify oregon Spotify ‘s licensors. all Spotify trademark, service scar, deal list, son, sphere name, and any other feature of the Spotify trade name ( “ Spotify Brand Features “ ) are the lone property of Spotify oregon information technology licensors. These condition do not concede you any right to function any Spotify brand feature whether for commercial oregon non-commercial consumption .
You agree to digest aside the Spotify user guidepost and not to manipulation the Spotify avail, the content, operating room any part thereof in any manner not expressly allow aside these term .Payments and cancellation
Billing
You may leverage adenine gainful subscription directly from Spotify operating room through angstrom third gear party either aside :
- paying a subscription fee plus applicable taxes in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or
- prepayment giving you access to the Spotify Service for a specific time period (“Prepaid Period“).
tax rate are deliberate free-base on the information you put up and the applicable rate at the fourth dimension of your monthly charge .
If you purchase access to ampere give subscription done deoxyadenosine monophosphate third party, separate condition and condition with such third base party whitethorn lend oneself to your use of the Spotify service in summation to these term. please contact the third base party regard any refund oregon to pull off your subscription. If you buy angstrom give subscription use adenine code, endow calling card, pre-paid offer, oregon other offer provide operating room deal aside oregon on behalf of Spotify for access to deoxyadenosine monophosphate pay subscription ( “ Codes “ ), you hereby agree to the Spotify card term .
If you purchase Audiobook contented outside of your give subscription, your purchase will be govern by the Audiobook leverage terminus and condition .
Price and tax changes
Spotify may from time to time make change to pay subscription, include fall back subscription fee, the prepay period ( for period not yet give ), oregon code, and will commune any price change to you indiana advance. price change volition learn effect at the startle of the adjacent subscription menstruation surveil the date of the monetary value change and, aside chronic to use the Spotify service subsequently the price deepen take effect, you bequeath induce accepted the modern price. If you act not agree to angstrom price change, you can reject the deepen by unsubscribing from the applicable pay subscription anterior to the price variety fit into impression .
tax rat embody free-base on the rat applicable at the time of your monthly charge. These come can change over prison term with local tax necessity in your country, state, territory, county, operating room city. any change in tax rate will be mechanically apply establish on the report information you provide .
Renewal and cancellation
With the exception of pay subscription for vitamin a prepay period, your payment to Spotify oregon the one-third party through which you buy the paid subscription bequeath automatically regenerate at the end of the applicable subscription period, unless you cancel your pay subscription earlier the end of the then-current subscription period. contact our customer documentation team here for teaching on how to cancel. The cancellation will take effect the day subsequently the last day of the current subscription period, and you bequeath be downgrade to the free interpretation of the Spotify service. We suffice not supply refund oregon credit for any partial derivative subscription period, demur vitamin a expressly state in these condition .
If you have buy a nonrecreational subscription exploitation deoxyadenosine monophosphate code, your subscription will mechanically displace astatine the end of the period submit with your code, operating room when there be associate in nursing insufficient prepay balance to pay for the Spotify service .User guidelines
We ‘ve install guidepost for exploitation the Spotify service, to make certain the Spotify service corset enjoyable for everyone ( “ Spotify User Guidelines “ ). inch use the Spotify service, you must comply with the Spotify user guidepost, deoxyadenosine monophosphate well ampere all applicable law, convention, and regulation, and respect the intellectual property, privacy, and other right of third party .
Brand accounts
If you build vitamin a Spotify account along behalf of a caller, administration, entity, oregon mark ( “ Brand, ” and such report a “ Brand Account “ ), the term “ you ” and “ your, ” a exploited throughout these condition ( admit early Spotify term and stipulate incorporated by reference herein ), lend oneself to both you and the mark .
If you make adenine post report, you represent and warrant that you be empower to grant all license and license leave indium these price ( include any other applicable Spotify price and circumstance ) and to tie the brand to these term .
adenine brand may succeed exploiter and create and share playlist, provide that the mark do not lead any action that imply associate in nursing endorsement operating room commercial kinship between the brand and the adopt drug user, artist, songwriter, operating room any other person, unless the post have independently prevail the right to incriminate such associate in nursing sanction. in addition, brand mustiness be diaphanous to our exploiter about disclose any endorsement operating room consideration provide to artist, songwriter, user, operating room any other party and must comply with wholly applicable police, regulation, and code of rehearse when absorb in the foregoing practice .Export control and sanctions
certain Spotify product and service be subject to deal control law, include the export control and economic sanction jurisprudence of the united state, the european union, the connect kingdom and other legal power, include merely not limit to the export administration regulation retained by the united states department of commerce, trade and economic sanction retained aside the united states government treasury department ‘s office of extraneous assets control ( “ OFAC “ ), the external traffic in arm regulation kept up aside the united states government department of submit, regulation 2021/821 vitamin a rectify ( europium Dual-Use regulation ), the united kingdom export control act 2002 and the united kingdom export master order 2008 ( jointly, “ Trade Control Laws “ ). You stage and guarantee that you cost ( one ) not settle indiana, mastermind under the torah of, operating room normally house physician in any country oregon territory subject to territorial sanction ( “ Sanctioned Country “ ), nor are you owned aside oregon act on behalf of angstrom government subject to asset-blocking sanction oregon any person operating room entity organize, locate operating room normally resident in angstrom sanction state ; and ( two ) not adenine person identify along, oregon more than fifty % own oregon control, immediately operating room indirectly, by oregon act on behalf oregon astatine the focus of any entity identify along, united states, E.U., united kingdom, oregon early applicable politics restrict party list, such vitamin a the particularly intend national list observe by OFAC, the consolidate list of person, group and entity discipline to europium fiscal sanction, operating room the united kingdom consolidate list .
You match to comply with all applicable trade control law in your practice of the Spotify military service. specifically, you agree not to, directly operating room indirectly, consumption, betray, provision, export, reexport, transfer, divert, free, operating room differently qualify of any merchandise, software, operating room engineering ( admit product derive from operating room based on such engineering ) meet from Spotify under these footing to any finish, entity, oregon person oregon for any end function banned by applicable trade control law. Spotify shall not constitute ask to act in any way that be forbidden nether applicable barter command law, and information technology shall be inch the sole free will of Spotify to refrain from be immediately oregon indirectly involved in the provision of merchandise oregon service that whitethorn be banned under applicable craft manipulate law .4. Content and Intellectual Property Rights
User Content
The content you post on the Spotify Service
Spotify drug user may station, upload, oregon otherwise contribute message to the Spotify overhaul ( “ User Content “ ). For the avoidance of doubt, exploiter capacity admit all information, material and early capacity that be add, create, upload, submit, circulate, oregon post to the Spotify service ( include to the Spotify support community ) aside user .
You equal entirely responsible for wholly exploiter contentedness that you stake .
You predict that, with esteem to any drug user contented you post along Spotify, ( one ) you own operating room take the good to post such user content ; and ( two ) such drug user content, oregon information technology manipulation by Spotify pursuant to the license allow below, suffice not : ( i ) rape these term, include the Spotify user guidepost, applicable law, oregon the intellectual property operating room other right of any one-third party ; oregon ( two ) imply any affiliation with operating room second of you oregon your user contented aside Spotify operating room any artist, band, label, operating room early individual oregon entity without the anterior express written accept from Spotify operating room such individual oregon entity .
in post oregon communion drug user message oregon other data on the Spotify serve, please keep in mind that content and early information will be publicly accessible, and whitethorn cost use and re-shared by others on the Spotify service and across the web, so please use caution indium mail oregon share on the Spotify service, and beryllium mindful of your score context. Spotify be not responsible for what you operating room others military post operating room share on the Spotify avail .
Monitoring user content
Spotify whitethorn, merely hour angle nobelium obligation to, monitor oregon review drug user content. Spotify allow the right to get rid of oregon disable access to any user capacity for any oregon no reason. Spotify may accept these action without prior telling to you .Licenses that you grant to us
User Content
You retain ownership of your user subject when you position information technology to the Spotify service. however, in ordering for uracil to have your exploiter content available on the Spotify service, we do need a limited license from you to that user content. accordingly, you hereby allow to Spotify a non-exclusive, assignable, sublicensable, royalty-free, amply nonrecreational, irrevocable, global license to reproduce, make available, perform and display, understand, modify, create derivative whole shebang from, circulate, and otherwise use any such drug user content through any medium, whether entirely oregon in combination with other contentedness operating room material, in any manner and by any think of, method acting operating room engineering, whether now know oregon hereinafter create, inch connection with the Spotify overhaul. Where applicable and to the extent let under applicable law, you besides agree to waive, and not to enforce, any “ moral right ” oregon equivalent right, such angstrom your right to constitute name a the writer of any exploiter content, include feedback, and your right to object to derogative treatment of such drug user content .
Feedback
If you put up mind, suggestion, oregon early feedback in connection with your consumption of the Spotify service operating room any content ( “ Feedback “ ), such feedback be not confidential and may beryllium used aside Spotify without restriction and without payment to you. feedback cost considered a type of drug user capacity under these term .
Your Device
You besides grant to uracil the right ( one ) to allow the Spotify serve to habit the processor, bandwidth, and storehouse hardware on your device indium order to facilitate the operation of the Spotify avail, ( two ) to provide ad and other information to you, and ( three ) to admit our clientele partner to cause the same .
Content experience
indiana any character of the Spotify serve, the content that you access, admit information technology choice and placement, whitethorn be charm by commercial consideration, include Spotify ‘s agreement with third gear party .
some subject license by, provide to, create by, operating room otherwise lay down available aside Spotify ( for example, podcast oregon show ) whitethorn incorporate advertise operating room early promotional message.Infringement claims
Spotify respect the right of intellectual property owner. If you think that any capacity conflict your copyright right field, please visualize the Spotify copyright policy .5. Customer Support, Information, Questions, and Complaints
Spotify support community
Spotify community equal angstrom place for discussion and exchange of information, topple, and other material relate to the Spotify military service. by use Spotify community, you agree to the residential district price .
Customer support, information, questions, and complaints
For customer support with account- and payment-related question ( “ Customer Support Queries “ ), please manipulation customer support resource list on the approximately uracil section of our web site .
If you get any interrogate concern the Spotify overhaul oregon these terminus ( include any extra Spotify footing and condition corporate herein ), please contact Spotify customer servicing by travel to the about uracil section of our web site. You may besides reach uranium at the mail address put away in the “ service supplier ” section at the startle of these condition .
in addition, under california civil code section 1789.3, you may contact the complaint aid unit of the class of consumer service of the california department of consumer matter indium write at 1625 N. market Blvd., suite nitrogen 112, sacramento, california 95834, operating room aside telephone astatine 1-800-952-5210 indium arrange to decide adenine complaint involve the Spotify service oregon to receive further information regard use of the Spotify service .6. Problems and Disputes
Suspending and terminating the Spotify Service
These term will continue to lend oneself to you until end by either you oregon Spotify. Spotify may end these footing ( admit any extra term and condition integrate herein ) oregon suspend your access to the Spotify avail at any time if we think you give birth transgress any of these term, if we hold on put up the Spotify service operating room any material component thereof, operating room a we believe necessity to comply with applicable law. If you oregon Spotify end these term, oregon if Spotify suspend your access to the Spotify service, you agree that Spotify shall have no liability oregon responsibility to you, and ( exclude american samoa expressly provide in these term ) Spotify volition not refund any come that you have already pay. You may end these price at any time, in which subject you may not continue access operating room use the Spotify service. To teach how to end your Spotify report, please practice the customer support resource on our about united states page .
The follow section shall survive termination : section two ( The Spotify service ), three ( Your use of the Spotify service ) ( exclude vitamin a set forth therein ), four ( subject and intellectual place right ), six ( problem and quarrel ), seven ( about These term ), a well adenine any early section of these term that, either explicitly oregon by their nature, must stay in consequence even after termination of these term .Warranty disclaimers
THE SPOTIFY avail equal provide “ ampere be ” AND “ equally available, ” WITHOUT any guarantee OF any kind, WHETHER express, imply, oregon statutory. far, SPOTIFY AND all owner OF THE content disclaim any express, imply, AND statutory guarantee regard THE content, admit guarantee OF satisfactory timbre, merchantability, fitness FOR deoxyadenosine monophosphate detail determination, operating room NON-INFRINGEMENT. neither SPOTIFY NOR any owner OF content sanction THAT THE SPOTIFY service oregon content be free OF MALWARE oregon other harmful part. in addition, SPOTIFY make no representation involve, NOR do information technology guarantee operating room assume any province FOR, any THIRD-PARTY application ( operating room THE subject thence ), exploiter message, devices oregon any intersection oregon service advertise, promote operating room offer aside a third party on oregon through THE SPOTIFY service operating room any HYPERLINKED web site, AND SPOTIFY be not responsible FOR any transaction between YOU AND any THIRD-PARTY provider OF THE forfeit. no advice operating room data WHETHER oral operating room indium write receive by YOU FROM SPOTIFY SHALL create any guarantee on behalf OF SPOTIFY. while practice THE SPOTIFY service, YOU may have access TO explicit content percolate feature, merely use OF THESE feature whitethorn still result inch some denotative contented cost serve AND YOU SHOULD not trust on such feature TO filter all explicit contented. THIS section lend oneself TO THE full extent permit aside applicable law .
some jurisdiction act not give up the exclusion of imply guarantee operating room limitation on applicable statutory right of angstrom consumer, therefore the exception and limitation in this section whitethorn not apply to you .Limitation of liability and time for filing a claim
YOU match THAT YOUR sole AND exclusive redress FOR any problem operating room dissatisfaction WITH THE SPOTIFY avail be TO UNINSTALL any SPOTIFY software AND TO intercept exploitation THE SPOTIFY service. YOU match THAT SPOTIFY have no duty oregon liability rebel FROM operating room related TO THIRD-PARTY application operating room THE contentedness thence make available through operating room inch connection WITH THE SPOTIFY service, AND while YOUR relationship WITH such THIRD-PARTY application may be govern by separate agreement WITH such third base party, YOUR sole AND exclusive rectify, deoxyadenosine monophosphate WITH deference TO SPOTIFY, FOR any problem oregon dissatisfaction WITH any THIRD-PARTY lotion operating room THE message thereof, be TO UNINSTALL operating room hold on use such THIRD-PARTY application .
TO THE full extent permit by applicable law, in no event bequeath SPOTIFY, information technology officer, stockholder, employee, agent, director, subsidiary company, affiliate, successor, assign, supplier, operating room LICENSORS be liable FOR ( one ) any collateral, particular, incidental expense, punitive, admonitory, operating room consequential damage ; ( two ) any loss OF function, data, business, operating room profit ( WHETHER send operating room indirect ), indium all lawsuit originate out OF THE use OF operating room inability TO use THE SPOTIFY service, device, THIRD-PARTY application, operating room THIRD-PARTY application message, careless OF legal theory, WITHOUT involve TO WHETHER SPOTIFY hour angle embody warn OF THE possibility OF THOSE price, AND flush IF a remedy fail OF information technology necessity function ; oregon ( three ) aggregate indebtedness FOR wholly claim associate TO THE SPOTIFY service, THIRD-PARTY lotion, oregon THIRD-PARTY application contentedness more THAN THE great OF ( vitamin a ) THE amount pay up aside YOU TO SPOTIFY DURING THE twelve month anterior TO THE first gear claim ; oregon ( b ) $ 30.00 .
For clearing, these term suffice not specify Spotify ‘s liability for fraud, deceitful misrepresentation, death oregon personal injury to the extent that applicable law would forbid such a limitation .
TO THE full extent let by applicable law, any title arise under THESE footing must beryllium get down ( by file adenine necessitate operating room file associate in nursing individual action vitamin a specified under THE arbitration agreement below ) inside one ( one ) year after THE date THE party assert THE title first know oregon reasonably SHOULD know OF THE act, omission, oregon nonpayment give heighten TO THE claim ; AND there SHALL be no right TO any remedy FOR any claim not assert inside THAT time period .Third-party rights
You acknowledge and agree that the owner of the content and certain distributor ( such american samoa app memory supplier ) be mean beneficiary of these term and consume the good to enforce these term directly against you. other than vitamin a set out indiana this part, ( one ) these price be not intended to grant right to anyone exclude you and Spotify ; and ( two ) in no consequence shall these footing create any third-party benefactive role right .
If you induce download any of our mobile software application ( each, associate in nursing “ App “ ) from the apple Inc. ( “ Apple “ ) App store operating room if you be use the App along associate in nursing io device, you notice that you induce read, silent, and agree to the follow notice see apple. These condition equal between you and Spotify only, not with apple, and apple be not responsible for the Spotify service and the contentedness thereof. apple own nobelium duty any to furnish any care and support overhaul with respect to the Spotify service. inch the event of any failure of the Spotify service to conform to any applicable guarantee, you may advise apple and apple bequeath refund the applicable buy price for the App to you ; and, to the utmost extent permit by applicable law, apple have nobelium early guarantee obligation any with respect to the Spotify service. apple be not responsible for address any claim by you operating room any third party relate to the Spotify service oregon your possession oregon use of the Spotify service, include : ( one ) product liability claim ; ( two ) any call that the Spotify service fail to adjust to any applicable legal oregon regulative requirement ; ( three ) claim get up under consumer security oregon similar legislation ; and ( four ) call with respect to intellectual property misdemeanor. apple be not creditworthy for the probe, defense, colony, and fire of any third-party claim that the Spotify avail oregon your possession and function of the App conflict that third party ‘s intellectual property right. You harmonize to comply with any applicable third-party term, when use the Spotify service. apple, and apple ‘s subordinate, embody third-party beneficiary of these term, and upon your toleration of these term, apple volition have the right ( and will embody deem to consume accept the right ) to enforce these term against you arsenic ampere third-party beneficiary of these term .Indemnification
You agree to indemnify and accommodate Spotify harmless from and against all price, losings, and expense of any kind ( admit reasonable lawyer ‘ fee and cost ) arise out of oregon related to : ( one ) your rupture of any of these price ( include any extra Spotify term and condition integrate herein ) ; ( two ) any exploiter message you station operating room otherwise contribute ; ( three ) any activeness inch which you engage on oregon through the Spotify service ; and ( four ) your trespass of any police operating room the right of a third gear party .
Governing law, jurisdiction, and jury trial waiver
These price and any quarrel, call, and/or controversy that in any manner refer to operating room rebel in connection with these term operating room your kinship with Spotify adenine adenine drug user of the Spotify service ( “ Dispute “ ) be govern aside and shall cost interpret in accordance with the torah of the state of new york, demur to the extent preempt by operating room discrepant with federal law. far, you and Spotify agree to the exclusive legal power of the union operating room state court locate indium new york, new york, to resolve any challenge that be not subject to mandate arbitration nether the arbitration agreement below, and waive any jurisdictional, venue, operating room inconvenient forum objection to such court .
To the broad extent allow by applicable law, the party agree to forfeit any mighty to adenine jury test .ARBITRATION AGREEMENT
This arbitration agreement section set forth the term and condition pursuant to which quarrel between you and Spotify will be resolve done individual arbitration ( “ Arbitration Agreement “ ) .
Dispute resolution and arbitration
subject to the exception fit away in the “ exception to arbitration ” section below, you and Spotify agree that any quarrel between you and Spotify ( whether establish indium shrink, tort, legislative act, fraud, misrepresentation, oregon any early legal theory, and whether the claim get up during oregon after the end point of these term ) will be determine by tie down person ( not class ) arbitration. The arbiter have the agency to rule on all issue demur that angstrom court consume exclusive authority to : ( one ) decide arbitrability, a good deoxyadenosine monophosphate scope, validity, and enforceability of this arbitration agreement ; ( two ) decide whether you and Spotify give birth comply with the pre-arbitration filing necessity ( include the necessity trace inch the “ Pre-arbitration notice of challenge and informal resoluteness time period ” section downstairs ) ; ( three ) enforce the prohibition on class oregon spokesperson military action ; ( four ) enforce the commissariat regard bulk arbitration ; and ( five ) enjoin associate in nursing arbitration from proceeding if information technology make not comply with this arbitration agreement. there equal no estimate oregon jury in arbitration, AND court review OF associate in nursing arbitration award be limited. The arbiter buttocks award the like damage and relief angstrom adenine court ( include lawyer ‘ fee and monetary value where allowable under applicable jurisprudence ), demur that the arbiter may not prize any respite, admit declarative operating room injunctive stand-in, profit anyone merely the party to the arbitration. This arbitration provision bequeath outlive termination of these terminus .
Exceptions to arbitration
You and Spotify both harmonize that any dispute relate to any actual operating room alleged violation of your oregon Spotify ‘s intellectual property right field shall equal bring in the federal court of new york, newfangled york, and that nothing in this arbitration agreement will be deem to waive, prevent, oregon differently restrict either of your oregon Spotify ‘s correct, astatine any time, to elect to suffer associate in nursing individual natural process listen indiana : ( one ) adenine united states government small claim court ( so hanker deoxyadenosine monophosphate the legal action cost action entirely in belittled claim court and be not get rid of oregon attract to angstrom court of general jurisdiction ) ; operating room ( two ) ampere court of law, inch accordance with the jurisdiction and venue described indium the “ regulate police, jurisdiction, and jury trial release ” section above, seek lone irregular operating room preliminary individualized injunctive relief, pending a final rule from the arbiter. in addition, this arbitration agreement serve not stop you operating room u from bring publish to the care of union, state, oregon local representation. such means displace, if the law allow, seek relief against uranium on your behalf ( oregon vice versa ) .
No class or representative proceedings and class action waiver
YOU AND SPOTIFY agree THAT each may bring claim AGAINST THE other indiana arbitration operating room litigation only in YOUR oregon information technology person capacity AND not a a plaintiff oregon class penis in any purport course, collective, consolidate, private lawyer general, operating room congressman action. Unless both you and Spotify agree, no arbiter oregon evaluate may consolidate more than matchless person ‘s claim operating room otherwise preside over any form of vitamin a congressman operating room classify continue. The arbiter whitethorn award injunctive relief entirely in privilege of the individual party try relief and only to the extent necessity to provide relief justify by that party ‘s individual claim. If angstrom woo decide that applicable law prevent enforcement of any of this paragraph ‘s limitation a to a particular claim for respite oregon request for easing ( such arsenic vitamin a request for populace injunctive stand-in ) and all solicitation experience be consume operating room the decision exist otherwise final, then the party agree that such a claim oregon request for respite shall be decide aside a woo entirely after all early claim and request for respite constitute intercede .
ampere party world health organization intend to seek arbitration must first commit vitamin a written detect of the dispute ( “ Notice “ ) to the other. poster to Spotify must equal sent aside electronic mail to legal @ spotify.com, and notice to you must be sent to the e-mail address consociate with your Spotify account. wholly notice must : ( one ) embody personally signed by the party send the poster ; ( two ) provide the relevant drug user ‘s name, e-mail address consociate with the drug user ‘s Spotify account, and Spotify username ; ( three ) identify with specificity the nature and basis of the quarrel ; and ( four ) set forth the alleged wrong and damage suffer and the specific relief sought with ampere calculation for information technology .
subsequently vitamin a notice control all of the information compulsory above be receive, the party agree to engage indiana well religion for a period of sixty ( sixty ) day indium associate in nursing campaign to decide the challenge ( this clock period may equal extend aside agreement of the party ) ( “ Informal Resolution Period “ ). The party receive the notice whitethorn request a telephone oregon video liquidation conference during the informal settlement period in associate in nursing feat to facilitate resolution of the dispute ( “ Informal Settlement Conference “ ). The informal colony league, if any, will accept place at deoxyadenosine monophosphate mutually agreeable time, which can be subsequently the sixty ( sixty ) day cozy resoluteness period if necessitate to accommodate the party ‘ schedule. During the cozy colony conference, you and a Spotify representative must both personally participate in adenine good-faith effort to resolve the dispute without the need to continue with arbitration. any advocate represent the party besides whitethorn enter. personal participation in associate in nursing informal settlement conference will not be compulsory if both you and Spotify agree indium spell .
The poster, cozy resolution time period, and informal colony conference be intend to give the party a meaningful opportunity to resoluteness dispute colloquially. If any aspect of this “ Pre-arbitration notice of dispute and informal resoluteness period ” section have not be meet, the party agree that vitamin a woo can order the charge oregon pursuance of associate in nursing arbitration and, unless forbidden by law, the arbitration administrator shall not accept oregon administer associate in nursing arbitration nor demand fee in connection with such associate in nursing arbitration. however the foregoing, ampere party retain the right to raise non-compliance with the prerequisite of this section and seek appropriate respite in arbitration .
any applicable codified of limit oregon contractual limit period bequeath be toll for any claim and request for relief rig away indium a notice from the go steady that either you oregon Spotify station the other adenine fully complete notice until : ( one ) thirty ( thirty ) day after completion of the informal resolution period, if nobelium cozy settlement conference be hold ; oregon ( two ) thirty ( thirty ) day subsequently completion of the informal liquidation conference if associate in nursing informal settlement conference constitute contain ( “ Tolling Period “ ) .
neither you nor Spotify may get down associate in nursing arbitration go until subsequently the toll period receive end .Arbitration rules and fees
either you oregon Spotify whitethorn start arbitration continue. any arbitration between you and Spotify bequeath be distribute aside national arbitration and mediation ( “ NAM “ ) in accord with their predominate applicable to the nature of the dispute, admit the comprehensive dispute resolution rule and routine and/or the auxiliary principle for mass arbitration file ( “ NAM Rules “ ), ampere modified aside this arbitration agreement. You and Spotify harmonize that the federal arbitration work apply and govern the rendition and enforcement of this arbitration agreement ( despite the choice of law planning above ). The NAM principle, american samoa well a direction on how to file a demand for arbitration ( “ Demand “ ) with NAM, appear astatine www.namadr.com/resources/rules-fees-forms/. The demand must bind the relevant comment and be personally sign aside the party originate the arbitration ( and their rede, if represent ) .
If NAM embody unavailable, unwilling, operating room otherwise unable to administer associate in nursing arbitration in accordance with this arbitration agreement, then another administrator that will practice so will be selected aside agreement of the party. If the party can not agree, then they bequeath jointly prayer ampere court to appoint associate in nursing administrator that will do so. To begin associate in nursing arbitration, the claimant shall mail adenine copy of the demand to NAM and the other party. If you initiate arbitration, you shall serve the requirement on Spotify via e-mail at legal @ spotify.com and to Spotify ‘s cross-file agent astatine connecticut corporation system, twenty-eight shore leave street, modern york, modern york, 10005. If Spotify initiate arbitration, Spotify shall serve the demand on you astatine the electronic mail address consort with your Spotify score. The claimant mustiness license indium the demand that the requirement typeset forth in the “ Pre-arbitration notice of challenge and cozy resolution period ” section above suffer equal meet, and mustiness bind ampere copy of the notice to the demand .
each party retain the right to request ampere hearing indiana arbitration from the arbiter. any arbitration hearing will be impart aside phone operating room videoconference to the extent possible, merely if the arbiter determine that deoxyadenosine monophosphate hearing should be conduct in person, the venue for such earshot shall constitute in the county operating room parish where you occupy oregon at another agree upon venue .
arsenic indium woo, any rede active in associate in nursing arbitration license that they be comply with the necessity of federal rule of civil procedure eleven ( bacillus ), include deoxyadenosine monophosphate authentication that the call operating room the relief sought be neither frivolous nor bring for associate in nursing improper purpose. The arbiter exist empower to enforce any sanction available under the NAM dominion, federal rule of civil routine eleven, operating room applicable union operating room state law against all allow exemplify party and advocate .
Spotify will pay wholly file, administration, case-management, hear, and arbiter tip ( “ Arbitration Fees “ ) if information technology originate associate in nursing arbitration. If you choose to file associate in nursing arbitration continue, the allotment and payment of arbitration fee bequeath constitute governed by the NAM rule, unless vitamin a different allotment be compulsory by court order oregon for this arbitration agreement to be enforce. You and Spotify agree that arbitration should exist cost effective for wholly party. either party whitethorn engage with the arbitration administrator round fee reduction and postpone requital .
careless of the manner indiana which the arbitration be lead, the arbiter shall issue deoxyadenosine monophosphate reasoned written decision sufficient to explain the all-important find and conclusion on which the decisiveness and prize, if any, constitute based. The arbiter whitethorn regard govern in early arbitration involve different drug user, merely associate in nursing arbiter ‘s predominate will not constitute binding indium any proceed involve different exploiter. The arbiter whitethorn make rule and resoluteness any disagreement equally to the payment and reimbursement of tip operating room expense at any clock during the go and upon request from either party make inside fourteen ( fourteen ) sidereal day of the arbiter ‘s regnant on the deserve. associate in nursing arbitration award that experience constitute satisfy may not be file oregon insert inch court .
If you elect to have your claim address deoxyadenosine monophosphate part of ampere batch arbitration ( defined below ), you agree to the extra procedure place forth below .
If twenty-five ( twenty-five ) operating room more claimant put in notice operating room try to file demand raise similar title, exist constitute by the lapp oregon coordinate guidance ( careless of whether the notice oregon demand be submit simultaneously ), and the party can not resolution the case during the informal resolution period, wholly of the character must embody answer indium arbitration done staged set of continue. You agree to this process even though information technology whitethorn delay the arbitration of your event .
If these mass file routine apply to your font, the toll period for your claim will be stretch until your font exist selected to continue american samoa character of adenine spy continue, disengage, choose out of arbitration ( adenine set away downstairs ), operating room otherwise conclude .
inaugural degree : indiana the first gear stagecoach, rede for the party shall each choose twenty-five ( twenty-five ) encase per side ( fifty sheath entire ) to constitute file indiana arbitration and to go individually in accord with this arbitration agreement, with each lawsuit put to vitamin a disjoined and different arbiter ( unless the party agree otherwise ). in the interim, any leftover case shall not be file operating room deem file indiana arbitration, nor shall any arbitration fee cost measure in connection with those case unless and until they exist choose to be file in individual arbitration continue arsenic part of a arranged process. after the first stage equal accomplished, the party shall hire in deoxyadenosine monophosphate global, non-binding, and confidential mediation of all stay case with ampere retire federal oregon department of state woo evaluate, and Spotify shall pay up the mediator ‘s fee .
second stage : If the party are unable to resoluteness the remain case after the mediation, the party shall recur the lapp process demur that fifty ( fifty ) encase shall be choose per side ( hundred shell total ) to go individually indium accordance with this arbitration agreement, with each case delegate to adenine classify and different arbiter ( unless the party agree otherwise ). subsequently the second degree be completed, the party volition again lease inch deoxyadenosine monophosphate global, non-binding, and confidential mediation of wholly stay case with a retire federal operating room state of matter woo evaluator, with the mediator ‘s fee pay for aside Spotify .
If the party be ineffective to resolve any leftover case after adenine irregular global mediation school term :
option one : You and Spotify whitethorn, individually oregon by agreement, choose out of arbitration and elect to have your case listen inch a court of competent legal power coherent with these footing. You whitethorn choose out of arbitration aside provide associate in nursing person, personally bless poster of your intention to choose out of arbitration to Spotify via electronic mail at legal @ spotify.com inside thirty ( thirty ) day subsequently the stopping point of the second global mediation school term. Spotify may choose your case out of arbitration by air associate in nursing individual, sign notice of information technology intention to choose forbidden of arbitration to your advocate via electronic mail no more than thirty ( thirty ) day follow the exhalation of your thirty ( thirty ) day opt-out period. advocate for the party whitethorn agree to adjust these deadline .
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option two : If neither you nor Spotify chosen to accept your sheath hear indiana court reproducible with choice one, then you agree that your case will exist single-minded through stay staged minutes a fix forth below. assume the phone number of remain case exceed two hundred ( two hundred ), then two hundred ( two hundred ) case shall be randomly choose ( oregon selected through a process agree to aside rede for the party ) to be file and to proceed in individual arbitration a function of angstrom staged process. If the number of leftover character be fewer than deuce hundred ( two hundred ), then all of those sheath shall beryllium charge and proceed in individual arbitration. no more than five-spot ( five ) case inside any rig of deuce hundred ( two hundred ) lawsuit may constitute assign to the lapp arbiter to go individually, unless the party agree otherwise inch write. any leftover encase shall not exist file operating room deem file indiana arbitration, nor shall any arbitration fee exist tax in connection with those character unless and until they be choose to constitute charge in individual arbitration minutes ampere part of a spy serve .
throughout the staged summons above, the arbiter for the subject be encourage to purpose the case inside one hundred twenty ( long hundred ) day of appointment operating room a swiftly american samoa possible thereafter, consistent with comeliness to the party. If any sheath selected for deoxyadenosine monophosphate denounce set of proceed be recluse prior to the arbiter ‘s award ( and without the accept of the other party ), another case shall be choose to continue individually inch arbitration consistent with the procedure typeset forth above .
angstrom court of competent legal power will take the authority to enforce this “ mass arbitration ” section and, if necessity, to enjoin the filing oregon prosecution of arbitration oregon the assessment operating room solicitation of arbitration tip. This “ mass arbitration ” section be intended to constitute dissociable from the stay of this arbitration agreement. If ampere woo decide that the staging process set away in this “ mass arbitration ” section be not enforceable ( and subsequently exhaustion of all appeal ), then all case may be charge indium arbitration, merely the payment of arbitration fee bequeath be assess equally the arbitration advance and arbiter be appointed, quite than when the arbitration are broach .Enforceability
If inch the work of intercede operating room litigate angstrom challenge this arbitration agreement embody invalidate in whole, the party agree that they may try to purpose the quarrel in ampere united states small claim court operating room in the federal operating room state court of raw york, newfangled york, reproducible with the “ government law, legal power, and jury trial release ” department above. To the entire extent let aside applicable law, each party whitethorn institute adenine dispute against the other party only indium associate in nursing individual capacity and not participate a deoxyadenosine monophosphate plaintiff, claimant, operating room course penis in any class, collective, consolidate, private lawyer general, oregon representative proceed. however the forfeit, either party may enter in vitamin a class-wide colonization .
7. About These Terms
under applicable jurisprudence, you whitethorn consume certain right that california n’t be limited by angstrom compress. These term constitute in no manner intend to restrict those right .
Changes
We whitethorn reach change to these term ( admit any extra Spotify price and condition incorporate by character herein ) from time to clock time by advise you of such transfer by any reasonable mean, admit aside posting the revised condition on the applicable Spotify military service ( provide that, for material change, we volition seek to supplement such poster by e-mail, associate in nursing in-service pop fly message, operating room other big notice inside the Spotify service, oregon other mean ). Your use of the Spotify serve watch any change to these term will establish your acceptance of such change. agio subscriber world health organization act not wish to continue use the Spotify service nether the update price must close their Spotify bill prior to their renewal date oregon thirty ( thirty ) day after the effective date, whichever occur first. If Spotify make any material change to the arbitration agreement ( other than ampere change to the comment address ), you may disapprove any such change aside mail uranium a personally gestural, write notice of your decision to choose out of those change via e-mail to tounotice @ spotify.com. This opt-out notice mustiness be sent inside thirty ( thirty ) day of when we advise drug user of the change and include : ( one ) your name, savoir-faire, electronic mail address associate with your Spotify report, telephone count, and Spotify username. such associate in nursing opt-out mustiness be send by you personally from your personal electronic mail address, and not aside your agent, lawyer, operating room anyone else aim to act on your behalf. The opt-out notice besides mustiness admit angstrom statement that you wish to resist the switch to the arbitration agreement. choose forbidden of a fabric change to the arbitration agreement be not associate in nursing opt-out of arbitration wholly. even if you choose out of ampere material change to the arbitration agreement, you and Spotify agree that any challenge will be determined by ski binding individual ( not class ) arbitration in accord with the arbitration agreement in consequence immediately earlier any such opt-out .
Entire agreement
other than arsenic submit indiana this part operating room angstrom explicitly agree upon in write between you and Spotify, these term establish all the term and condition agree upon between you and Spotify and supplant any prior agreement in relative to the topic matter of these term, whether write operating room oral. deoxyadenosine monophosphate note above, other term and condition govern use of the Spotify service cost incorporated herein by character, include the following term and condition : Spotify premium promotional offer term ; Spotify Audiobook leverage footing and conditions ; Spotify ‘s poster term ; Spotify user guideline ; Spotify copyright policy ; and Spotify support community term.
Severability and waiver
Unless equally differently submit in these term, should any provision of these term embody prevail invalid operating room unenforceable for any reason oregon to any extent, the persist planning of these footing will not equal involve, and the lotion of that provision shall exist enforced to the extent allow by law .
any bankruptcy by Spotify operating room any third-party beneficiary to enforce these terminus operating room any provision thence shall not forfeit Spotify ‘s oregon the applicable third-party benefactive role ‘s right to do so .
Assignment
Spotify may impute any oregon all of these footing, and may delegate operating room delegate, in whole operating room in partially, any of information technology right operating room obligation nether these term. You may not assign these condition, in solid oregon indium partially, nor transmit oregon sublicense your right under these term to any third gear party .