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4 Rights we grant you
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3,374
The Spotify Service and the Content are the property of Spotify or Spotify's licensors.
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We grant you a limited, non-exclusive, revocable licence to make use of the Spotify Service, and a limited, non-exclusive, revocable licence to make personal, non-commercial, entertainment use of the Content (the “Licence”).
clearly_fair
3,376
This Licence shall remain in effect until and unless terminated by you or Spotify.
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3,377
You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Spotify Service or the Content.
clearly_fair
3,378
The Spotify software applications and the Content are licensed, not sold, to you, and Spotify and its licensors retain ownership of all copies of the Spotify software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
clearly_fair
3,379
All Spotify trademarks, service marks, trade names, logos, domain names, and any other features of the Spotify brand (“Spotify Brand Features”) are the sole property of Spotify or its licensors.
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3,380
The Agreements do not grant you any rights to use any Spotify Brand Features whether for commercial or non-commercial use.
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3,381
You agree to abide by our User guidelines and not to use the Spotify Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements.
clearly_fair
3,382
Except for the rights expressly granted to you in these Agreements, Spotify grants no right, title, or interest to you in the Spotify Service or Content.
clearly_fair
3,383
Third party software (for example, open source software libraries) included in the Spotify Service are licensed to you either under the Agreements or under the relevant third party software library’s licence terms as published in the help or settings section of our desktop and mobile client and/or on our website.
clearly_fair
3,384
5 Third Party Applications
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3,385
The Spotify Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you.
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3,386
These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies.
clearly_fair
3,387
6 User-Generated Content
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3,388
Spotify users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, playlist compilations, and/or other types of content) (“User Content”).
clearly_fair
3,389
For the avoidance of doubt, “User Content” includes any such content posted to the Spotify Support Community as well as any other part of the Spotify Service.
clearly_fair
3,390
You promise that, with respect to any User Content you post on Spotify, (1) you have the right to post such User Content, and (2) such User Content, or its use by Spotify as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Spotify or any artist, band, label, entity or individual without express written consent from such individual or entity.
clearly_fair
3,391
Spotify may, but has no obligation to, monitor, review, or edit User Content.
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3,392
Spotify may take these actions without prior notification to you or any third party.
clearly_fair
3,393
Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
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3,394
You are solely responsible for all User Content that you post.
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3,395
YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST SPOTIFY RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD SPOTIFY HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
clearly_fair
3,396
7 Rights you grant us
clearly_unfair
3,397
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Spotify Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same.
clearly_fair
3,398
In any part of the Spotify Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties.
clearly_unfair
3,399
Some Content licensed or provided to Spotify (e.g. podcasts) may contain advertising as part of the Content.
clearly_fair
3,400
In such cases, Spotify will make such Content available to you unmodified.
clearly_unfair
3,401
If you provide feedback, ideas or suggestions to Spotify in connection with the Spotify Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Spotify to use that Feedback without restriction and without payment to you.
clearly_fair
3,402
Feedback is considered a type of User Content.
clearly_fair
3,403
You grant Spotify a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created.
clearly_fair
3,404
Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content.
clearly_fair
3,405
Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
clearly_fair
3,406
8 User guidelines
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3,407
Spotify respects intellectual property rights and expects you to do the same.
clearly_fair
3,408
We’ve established a few ground rules for you to follow when using the Service, to make sure Spotify stays enjoyable for everyone.
clearly_fair
3,409
Please follow these rules and encourage other users to do the same.
clearly_fair
3,410
The following is not permitted for any reason whatsoever:
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3,411
• copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Spotify Service or the Content, or otherwise making any use of the Spotify Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Spotify Service or the Content or any part of it;
clearly_fair
3,412
• using the Spotify Service to import or copy any local files you do not have the legal right to import or copy in this way;
clearly_fair
3,413
• transferring copies of cached Content from an authorized Device to any other Device via any means;
clearly_fair
3,414
• reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Spotify Service, Content or any part thereof unless permitted by applicable law;
clearly_fair
3,415
• circumventing any technology used by Spotify, its licensors, or any third party to protect the Content or the Service;
clearly_fair
3,416
• selling, renting, sublicensing or leasing of any part of the Spotify Service or the Content;
clearly_fair
3,417
• circumventing any territorial restrictions applied by Spotify or it licensors;
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3,418
• artificially increasing play count or otherwise manipulating the Services by using a script or other automated process;
clearly_fair
3,419
• removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Spotify Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
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3,420
• providing your password to any other person or using any other person’s username and password;
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3,421
• “crawling” the Spotify Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Spotify; or
clearly_fair
3,422
• selling a user account or playlist, or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist.
clearly_fair
3,423
Please respect Spotify, the owners of the Content, and other users of the Spotify Service.
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3,424
Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
clearly_fair
3,425
• is offensive, abusive, defamatory, pornographic, threatening, or obscene;
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3,426
• 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 Spotify or a third party;
potentially_unfair
3,427
• includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
clearly_fair
3,428
• includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
clearly_fair
3,429
• is intended to or does harass or bully other users;
clearly_fair
3,430
• impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
clearly_fair
3,431
• uses automated means to artificially promote content;
clearly_fair
3,432
• involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the Spotify inbox;
clearly_fair
3,433
• involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Spotify;
clearly_fair
3,434
• links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Spotify;
clearly_fair
3,435
• interferes with or in any way disrupts the Spotify Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Spotify’s computer systems, network, usage rules, or any of Spotify’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
clearly_fair
3,436
• conflicts with the Agreements, as determined by Spotify.
clearly_fair
3,437
Please be thoughtful about how you use the Spotify Service and what you share.
clearly_fair
3,438
The Spotify Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public.
clearly_fair
3,439
Remember that shared or publicly available information may be used and re-shared by other users on Spotify or across the web, so please use Spotify carefully and be mindful of your account settings.
clearly_fair
3,440
Spotify has no responsibility for your choices to post material on the Service.
clearly_fair
3,441
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure.
clearly_fair
3,442
You understand that you are responsible for all use of your username and password on the Service.
clearly_fair
3,443
If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
clearly_fair
3,444
9 Infringement and reporting User Content
clearly_fair
3,445
Spotify respects the rights of intellectual property owners.
clearly_fair
3,446
If you believe that any Content infringes your intellectual property rights or other rights, see Spotify’s copyright policy.
clearly_fair
3,447
If Spotify is notified by a copyright holder that any Content infringes a copyright, Spotify may in its absolute discretion take actions without prior notification to the provider of that Content.
clearly_fair
3,448
If the provider believes that the content is not infringing, the provider may submit a counter-notification to Spotify with a request to restore the removed content.
clearly_fair
3,449
If you believe that any Content does not comply with the User guidelines, please fill out our notice form.
clearly_fair
3,450
10 Service limitations and modifications
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3,451
Spotify will make reasonable efforts to keep the Spotify Service operational.
clearly_fair
3,452
However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions.
clearly_fair
3,453
Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that Spotify permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling off section), Spotify will refund you the prepaid fees for the Pre-Paid Period after such discontinuation.
clearly_fair
3,454
You understand, agree, and accept that Spotify has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
clearly_fair
3,455
This section will be enforced to the extent permissible by applicable law.
clearly_fair
3,456
11 Brand Accounts
clearly_fair
3,457
If you establish a Spotify account on behalf of a company, organization, entity, or brand (a “Brand”, and such account a “Brand Account”), the terms “you” and “your”, as used throughout the Agreements, apply to both you and the Brand, as applicable.
clearly_fair
3,458
If you open a Brand Account, you represent and warrant that you are authorized to grant all permissions and licences provided in the Agreements and to bind the Brand to the Agreements.
clearly_fair
3,459
11.1 Following
clearly_fair
3,460
The Brand may only follow users who first follow the Brand; and the Brand may not take any action that implies an endorsement or relationship between the Brand and the followed user, unless the Brand has independently obtained the rights to imply such an endorsement.
clearly_fair
3,461
Upon Spotify’s request, in its sole discretion, a Brand must cease following a user.
clearly_fair
3,462
11.2 Listening
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3,463
The Brand may not stream media.
clearly_fair
3,464
11.3 Messaging
clearly_fair
3,465
The Brand may only send messages to users who first send messages to the Brand.
clearly_fair
3,466
11.4 Brand Playlists and Sharing
clearly_fair
3,467
The Brand may not create or share any Spotify playlists, whether within the Spotify Service or elsewhere, that imply an endorsement or relationship between the Brand and any artist or any other party, unless the Brand has independently obtained the rights to imply such an endorsement.
clearly_fair
3,468
Brands may wish to consult Spotify’s Brand Playlist Guidelines.
clearly_fair
3,469
12 Spotify Support Community
clearly_unfair
3,470
The Spotify Support Community is a place for discussions and exchange of information, tips, and other materials related to the Spotify Service.
clearly_fair
3,471
In order to use the Spotify Support Community, you must (1) have an existing Spotify account; and (2) authenticate your Spotify account for use on the Support Community (a “Spotify Support Account”).
clearly_fair
3,472
Instructions for creating a Spotify Support Account can be found on the Community registration page.
clearly_unfair
3,473