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4 Rights we grant you | clearly_fair | 3,374 |
The Spotify Service and the Content are the property of Spotify or Spotify's licensors. | clearly_fair | 3,375 |
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. | clearly_fair | 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. | clearly_fair | 3,380 |
The Agreements do not grant you any rights to use any Spotify Brand Features whether for commercial or non-commercial use. | clearly_fair | 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 | clearly_fair | 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. | clearly_fair | 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 | clearly_fair | 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. | clearly_fair | 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. | clearly_fair | 3,394 |
You are solely responsible for all User Content that you post. | clearly_fair | 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 | clearly_unfair | 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: | clearly_unfair | 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; | clearly_fair | 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); | clearly_fair | 3,420 |
• providing your password to any other person or using any other person’s username and password; | clearly_fair | 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. | clearly_fair | 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; | potentially_unfair | 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 | clearly_fair | 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 | clearly_fair | 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 |
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