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In addition to the Agreements, you also agree to adhere to the Spotify Support Community Guidelines that you will be presented with upon registration (the “Support Community Guidelines”) when using the Spotify Support Community. | clearly_fair | 3,474 |
If you do not agree to the Agreements or the Support Community Guidelines, you may not use the Spotify Support Community. | clearly_fair | 3,475 |
12.1 Spotify Support Accounts | clearly_fair | 3,476 |
By creating a Spotify Support Account, you confirm that any registration information that you submit to Spotify is true, accurate, and complete and that you will update such information in order to keep it current. | clearly_fair | 3,477 |
It is strictly prohibited to include information in your profile that suggests that you are a Spotify employee or moderator or to otherwise pose as such an employee or moderator when using the Spotify Support Community. | clearly_fair | 3,478 |
12.2 No official support | clearly_fair | 3,479 |
No User Content or other content posted by Spotify employees, moderators and/or representatives on the Spotify Support Community should be construed as official support provided by Spotify. | clearly_fair | 3,480 |
For details regarding official support, see the section Customer Support. | clearly_unfair | 3,481 |
Any content provided or made available to you on the Spotify Support Community by Spotify employees, moderators, and/or representatives is provided on an “as is” basis without warranties of any kind. | clearly_fair | 3,482 |
You acknowledge that opinions expressed in User Content on the Spotify Support Community are those of contributors of such User Content only and do not reflect the opinions or policies of Spotify or any of its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, suppliers, or licensors. | clearly_fair | 3,483 |
12.3 Reward Program | clearly_fair | 3,484 |
The Spotify Support Community features a reward system whereby Spotify, in its sole discretion, may reward users based on the amount of “Kudos” received or quality of responses by a user. | clearly_unfair | 3,485 |
You agree to only give Kudos to other users (and not to yourself) and only when deserved, and to refrain from any attempts to manipulate the reward system, e.g., by creating multiple accounts or artificial responses. | clearly_fair | 3,486 |
You acknowledge that Spotify’s decision in respect of any reward shall be final and binding. | clearly_fair | 3,487 |
13 Customer support | clearly_fair | 3,488 |
For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our customer service department using the Customer Service contact form on the About Us section of our website. | clearly_fair | 3,489 |
We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries. | clearly_fair | 3,490 |
14 Export control | clearly_fair | 3,491 |
Spotify’s products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. | clearly_fair | 3,492 |
You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above. | clearly_fair | 3,493 |
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. | clearly_fair | 3,494 |
Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Spotify under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. | clearly_fair | 3,495 |
This export control clause shall survive termination or cancellation of the Agreements. | clearly_fair | 3,496 |
15 Payments, cancellations, and cooling off | clearly_fair | 3,497 |
Paid Subscriptions can be purchased directly from Spotify or through a third party, such as a telephone company, either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the Spotify Service for a specific time period (“Pre-Paid Period”). | clearly_fair | 3,498 |
If you have purchased a Paid Subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the Service. | clearly_fair | 3,499 |
When you register for a Paid Subscription, Trial, or Code online, you consent to get access to Spotify Premium immediately. | clearly_fair | 3,500 |
If you reside outside the United States and register for a Paid Subscription or Code online, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days starting from the day you sign-up for the relevant service (the “Cooling-off Period”). | clearly_fair | 3,501 |
Refunds will not, however, be provided if you have accessed Spotify at any time during the Cooling-off Period. | clearly_fair | 3,502 |
Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to Spotify will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. | clearly_fair | 3,503 |
The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. | clearly_fair | 3,504 |
However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after you have accessed Spotify during the Cooling-off Period, or (2) after the Cooling-off Period is over (where applicable), or (3) before the end of the current subscription period, we will not refund any subscription fees already paid to us. | clearly_fair | 3,505 |
The refund method will depend upon the payment method. | clearly_fair | 3,506 |
If you wish to receive a full refund of all monies paid before the Cooling-off Period is over, you must contact Customer Support. | clearly_fair | 3,507 |
If you have purchased your Paid Subscription through a third party, your subscription is also subject to the terms of your agreement with that third party (in addition to these Terms). | clearly_fair | 3,508 |
To cancel your subscription, you must cancel directly with that third party. | clearly_fair | 3,509 |
Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. | clearly_fair | 3,510 |
As permitted by local law, you accept the new price by continuing to use the Spotify Service after the price change takes effect. | clearly_fair | 3,511 |
If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Spotify Service prior to the price change going into effect. | clearly_fair | 3,512 |
Please therefore make sure you read any such notification of price changes carefully. | clearly_fair | 3,513 |
16 Term and termination | clearly_fair | 3,514 |
The Agreements will continue to apply to you until terminated by either you or Spotify. | clearly_fair | 3,515 |
However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. | clearly_fair | 3,516 |
To learn how to terminate your Spotify account, please contact us through the Customer Service contact form which is available on our About Us page. | clearly_fair | 3,517 |
This section will be enforced to the extent permissible by applicable law. | clearly_fair | 3,518 |
You may terminate the Agreements at any time. | clearly_fair | 3,519 |
Sections 6, 7, 8, 10, 14, 16, 17, 18, 19, 20, 21, 22, 23, and 24 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination. | clearly_fair | 3,520 |
17 Warranty and disclaimer | clearly_fair | 3,521 |
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE SPOTIFY SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. | clearly_fair | 3,522 |
YOU USE THE SPOTIFY SERVICE AT YOUR OWN RISK. | clearly_fair | 3,523 |
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPOTIFY AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. | clearly_fair | 3,524 |
NEITHER SPOTIFY NOR ANY OWNER OF CONTENT WARRANTS THAT THE SPOTIFY SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. | clearly_fair | 3,525 |
IN ADDITION, SPOTIFY MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SPOTIFY SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. | clearly_fair | 3,526 |
YOU UNDERSTAND AND AGREE THAT SPOTIFY IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SPOTIFY SERVICE. | clearly_fair | 3,527 |
AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. | clearly_fair | 3,528 |
NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SPOTIFY SHALL CREATE ANY WARRANTY ON BEHALF OF SPOTIFY IN THIS REGARD. | clearly_fair | 3,529 |
SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW. | potentially_unfair | 3,530 |
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. | clearly_fair | 3,531 |
18 Limitation | clearly_fair | 3,532 |
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SPOTIFY SERVICE IS TO UNINSTALL ANY SPOTIFY SOFTWARE AND TO STOP USING THE SPOTIFY SERVICE. | clearly_fair | 3,533 |
WHILE SPOTIFY ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO SPOTIFY, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS. | clearly_fair | 3,534 |
Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law. | potentially_unfair | 3,535 |
19 Third party rights | clearly_fair | 3,536 |
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. | clearly_fair | 3,537 |
Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Spotify, and in no event shall the Agreements create any third party beneficiary rights. | clearly_fair | 3,538 |
Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person. | clearly_fair | 3,539 |
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. | clearly_fair | 3,540 |
This Agreement is between you and Spotify only, not with Apple, and Apple is not responsible for the Service and the content thereof. | clearly_fair | 3,541 |
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. | clearly_fair | 3,542 |
In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. | clearly_fair | 3,543 |
Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. | clearly_fair | 3,544 |
Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. | clearly_fair | 3,545 |
You agree to comply with any applicable third party terms, when using the Service. | clearly_fair | 3,546 |
Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. | clearly_fair | 3,547 |
You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. | clearly_fair | 3,548 |
20 Entire agreement | clearly_fair | 3,549 |
Other than as stated in this section or as explicitly agreed upon in writing between you and Spotify, the Agreements constitute all the terms and conditions agreed upon between you and Spotify and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. | clearly_fair | 3,550 |
Please note, however, that other aspects of your use of the Spotify Service may be governed by additional agreements. | clearly_fair | 3,551 |
That could include, for example, access to the Spotify Service as a result of a gift card or free or discounted Trials. | clearly_fair | 3,552 |
When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. | clearly_fair | 3,553 |
Some of those additional terms are listed on Spotify’s website. | clearly_unfair | 3,554 |
To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail. | clearly_fair | 3,555 |
21 Severability and waiver | clearly_fair | 3,556 |
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law. | clearly_fair | 3,557 |
Any failure by Spotify or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Spotify’s or the applicable third party beneficiary’s right to do so. | clearly_fair | 3,558 |
22 Assignment | clearly_unfair | 3,559 |
Spotify may assign the Agreements or any part of them, and Spotify may delegate any of its obligations under the Agreements. | clearly_fair | 3,560 |
You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party. | clearly_fair | 3,561 |
23 Indemnification | clearly_fair | 3,562 |
To the fullest extent permitted by applicable law, you agree to 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: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Spotify Service; and (4) your violation of any law or the rights of a third party. | clearly_fair | 3,563 |
24 Choice of law, mandatory arbitration and venue | clearly_fair | 3,564 |
24.1 Governing Law / Jurisdiction | clearly_fair | 3,565 |
Country Choice of Law Jurisdiction | clearly_fair | 3,566 |
Poland, Italy Laws of Sweden Exclusive; Courts of Local Country | clearly_fair | 3,567 |
Turkey Laws of Sweden Non-exclusive; Courts and other tribunals in the Republic of Turkey | clearly_fair | 3,568 |
Brazil Laws of Brazil Exclusive; State and Federal Courts of São Paulo, State of São Paulo, Brazil | clearly_fair | 3,569 |
Canada Laws of the Province of Ontario Exclusive; Courts of Ontario, Canada | clearly_fair | 3,570 |
United States, Argentina, Bolivia, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Peru, Uruguay State of California, United States Exclusive; State and Federal Courts of San Francisco County, CA or New York, NY | clearly_fair | 3,571 |
Estonia, Hong Kong, Latvia, Lithuania Laws of Sweden Non-exclusive; Courts of Sweden | clearly_fair | 3,572 |
Spain Laws of Spain Exclusive; Courts of the consumer’s current domicile in Spain. | clearly_fair | 3,573 |
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