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Legal

Spotify Business Terms and Conditions of Use

Effective from May 20, 2014

1. Introduction

Thanks for choosing Spotify. By registering for, or using the Spotify for business Service (as defined below), the company, organization, person or entity that you represent (“Entity”) is entering into a binding contract with Spotify Sweden AB (“Spotify”, “we”, “us”, “our”). Entity’s agreement with Spotify includes these terms and conditions of use together with the mobile terms, and our privacy policy, as applicable (together the “Agreement”). This Agreement shall prevail over and overrule any additional Spotify terms and conditions that Entity may need to accept in the course of registering for the Spotify for business Service. The “Spotify for business Service” as used in this Agreement means Spotify’s subscription-fee based monthly desktop and portable music streaming and conditional download service for commercial use.

By registering for the Spotify for business Service you warrant and represent that you are authorized to bind the Entity to this Agreement. The Entity further warrants and represents that (a) it is registered in Sweden, Norway or Finland and will only access the Spotify for business Service there; (b) it complies with and will comply with the Spotify for business subscription requirements set out in section 3 below; (c) any registration information that it submits to Spotify is true, accurate and complete, and Entity agrees to keep it that way at all times; (d) it is authorized to grant all permissions and licenses provided in this Agreement (e) it shall comply with any laws and regulations that apply to its use of the Spotify for business Service; and (f) it shall not use the Spotify for business Service for personal use and shall not allow any third party to do so.

2. Changes to the Agreement

Occasionally we may, in our discretion, make changes to the Spotify for business Service and the Agreement. When we make changes to the Agreement that we consider material, we’ll notify the Entity through the Spotify for business Service. By continuing to use the Spotify for business Service after those changes are made, Entity is expressing and acknowledging its acceptance of the changes.

3. Spotify Business Subscription Requirements

One Spotify for business subscription (the ”Spotify for business Subscription”) entitles Entity to stream one stream of music at any time within the same Entity premises during the agreed subscription period. Should an Entity wish to stream more than one stream at the same time in one Entity premises, it can purchase additional “sound zones” entitling it to one ore more additional streams within the same Entity premises.

The Spotify for business Service is available in the different product offerings as set out below. Please note that unless Entity continuously meets all restrictions relevant to the “ Business” offer, it may not use the Spotify for Business Service under the “Business” offer and must actively contact Soundtrack (as defined in section 8 below) to upgrade to the “Enterprise” offer to continue using the Spotify for Business Service.

Product Offerings

Business:

Maximum number of Premises: 5
Maximum allowed annual Turnover for Entity: SEK 10M but max 2.5M per Premise if Entity has got 3 Premises or less

Enterprise:

Maximum number of Premises: Unlimited
Maximum allowed annual Turnover for Entity: Unlimited

It is possible to store cached content on up to three (3) computers, mobile handsets and/or other relevant devices (collectively “Devices”), while the Spotify for business Subscription is active. It is not permissible to transfer copies of cached content to any other Device via any means. By using the mobile service, Entity agrees to accept the mobile terms.

4. Licence and assignment

The Spotify for business Service and the content provided through it are the property of Spotify or Spotify’s licensors, and we grant Entity a limited, non-exclusive, revocable licence to make commercial, use of the Spotify for business Service and to receive the media content made available through the Spotify for business Service in Sweden only (the “Licence”). Entity agrees not to transmit or use the Spotify for business Service outside of the premises identified in the relevant Spotify for business Subscription. The Spotify software applications are licensed, not sold, to Entity, and Spotify retains ownership of all copies of the Spotify software applications even after installation on Entity Devices. Spotify may assign this Agreement or any part of them without restrictions. Entity may not assign this Agreement or any part of them, nor transfer or sub-licence Entity rights under this Licence, to any third party.

All Spotify trademarks, service marks, trade names, logos, domain names, and any other features of the Spotify brand are the sole property of Spotify. This Licence does not grant Entity any rights to use the Spotify trademarks, service marks, trade names, logos, domain names, or any other features of the Spotify brand, whether for commercial or non-commercial use.

You agree to abide by our User Guidelines in section 8 below, and not to use the Spotify for business Service (including but not limited to its content) in any manner not expressly permitted by the Agreement. Third party software libraries included in the Spotify for business Service are licensed to Entity either under this Agreement, 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 on our website.

5. Third Party Applications

The Spotify for business Service provides a platform for third party applications, websites and services to make available products and services to Entity (“Third Party Applications”), and Entity’s use of these Third Party Applications is subject to their terms of use. You understand and agree that Spotify is not responsible or liable for the behavior, features, or content of any Third Party Application.

6. User generated content

Spotify may in its sole discretion provide users with ability to post, upload and/or contribute (“post”) content to the Spotify for business Service, including pictures, text and playlist compilations (“Posted Content”). Entity represent that Entity has the right to post any Posted Content which Entity posts to the Spotify for business Service, and that such Posted Content, or its use by us as contemplated by this Agreement, does not: (a) violate this Agreement, applicable law, or the intellectual property rights or publicity rights of others; or (b) imply any affiliation, endorsement, approval or cooperation with Entity or Entity’s Posted Content by Spotify or any artist, band, label, entity or individual without express written consent from such individual or entity. Entity grants Spotify a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Posted Content that Entity posts on or in connection with Spotify. This license lasts until Entity terminates its Spotify for business Subscription, except in the case of Posted Content that Entity has published, made public and/or shared with others. Aside from the rights specifically granted herein, Entity retains ownership of all rights, including intellectual property rights, in the Posted Content that Entity posts to the Spotify for business Service, except that, to the extent permitted under applicable law, Entity agrees to waive Entity’s right to be identified as the author of any Posted Content on the Spotify for business Service and Entity’s right to object to derogatory treatment of such Posted Content.

Spotify does not monitor, review, or edit Posted Content, but reserves the right to remove or disable access to any Posted Content for any or no reason, including but not limited to, Posted Content that, in Spotify’s sole discretion, violates this Agreement. Spotify may take these actions without prior notification to Entity. Removal or disabling of access to Posted Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific Posted Content.

Spotify is not responsible for Posted Content nor does it endorse any opinion contained in Posted Content. If Entity believes that any Posted Content infringes Entity’s intellectual property rights, please click here, or if Entity believes that any Posted Content does not comply with the User Guidelines (Section 7 below) or that Entity’s rights under applicable law have been otherwise infringed by any Posted Content, please contact Spotify at [email protected]

7. Consideration

In consideration for the rights granted to Entity under this Agreement, Entity grants Spotify the right to allow the Spotify for business Service and our business partners to use the processor, bandwidth and storage hardware on Entity’s Device in order to facilitate the operation of the Spotify for business Service.

Entity grants Spotify a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence to use, reproduce, make available to the public, publish, translate and distribute any Posted Content that Entity posts on or otherwise provide through the Spotify for business Service.

So long as Entity subscribes to the Service, Spotify may use the name of the Entity and/or logo to identify Entity as a customer of the Service.

This Agreement is not intended to grant rights to anyone except Entity and Spotify, and in no event shall this Agreement create any third party beneficiary rights. Any failure by Spotify to enforce this Agreement or any provision thereof shall not waive Spotify’s right to do so.

8. User Guidelines

We’ve established a few ground rules for Entity to follow when using the Spotify for business Service, to make sure that the Spotify for business Service stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.

Spotify respects intellectual property rights and expects Entity to do the same. This means, for example, that the following is not permitted: (a) Copying, reproducing, “ripping”, recording, or making available to the public any part of the Spotify for business Services or content delivered to Entity via the Spotify for business Services, or otherwise any making use of the Spotify for business Service which is not expressly permitted under this Agreement; (b) using Spotify for business Service to import or copy any local files Entity does not have the legal right to import or copy in this way; (c) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the Spotify for business Services or any part thereof; (d) circumventing any technology used by Spotify, its licensors, or any third party to protect content accessible through the Spotify for business Service; (e) renting or leasing of any part of the Spotify for business Service; (f) circumventing of any territorial restrictions applied by Spotify; (g) artificially increasing play count or otherwise manipulating the Spotify for business Services by using a script or other automated process; (h) removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the Spotify for business Service; (i) providing Entity’s password to any other person or using any other person’s user name and password.

Please respect Spotify and other users of the Spotify for business Service. Don’t engage in any activity on the Spotify for business Service or upload Posted Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) 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; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user’s access to the Spotify for business Service; (e) is intended or does harass or bully other users; (f) impersonates or misrepresents Entity’s affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) uses automated means to artificially promote content; (h) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through the Spotify inbox; (i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (j) promotes commercial products or services; (k) interferes with the Spotify for business Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Spotify for business Service or Spotify’s computer systems or network, or breaches any of Spotify’s security or authentication measures, or (l) conflicts with the Agreement, as determined by Spotify. Entity agrees that Spotify may also reclaim Entity’s username for any reason.

Entity may not use the Spotify for business Service in any manner that implies an endorsement, affiliation, cooperation or relationship between Entity and any artist, band, label, or entity unless Entity separately has obtained prior approval from such artist, band, label, or entity for the relevant use.

Spotify reserves the right, at any time, to remove or disable access to playlist compilations created and/or used by Entity in the Spotify for business Service, for any or no reason, including but not limited to playlist compilations that in Spotify’s sole discretion, violates this Agreement. Spotify may take these actions without prior notification to Entity.

In addition to the terms and guidelines set out in this Agreement, Entity agrees to comply with any additional terms or guidelines that may apply from time to time to use of the Spotify for business Service under a brand account/branded profile. Each Spotify for business Subscription is protected by a password and the Entity is solely responsible for keeping its password confidential and secure. Entity is responsible for all use of its username and password on the Spotify for business Service. If its username or password is lost or stolen, or if a suspected unauthorized access of the Entity’s Spotify for business Subscription occurs, please notify us immediately and change password as soon as possible.

All customer support matters shall be addressed to our partner Soundtrack Your Brand Sweden AB (“Soundtrack”) at http://www.soundtrackyourbrand.com/help.

9. Copyright infringement

Spotify respects the rights of intellectual property owners. For details on Spotify’s copyright policy, please click here.

10. Technology limitations and modifications

Spotify will make reasonable efforts to keep the Spotify for business Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Spotify reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Spotify for business Service, with or without notice, all without liability to Entity for any interruption, modification, or discontinuation of the Spotify for business Service or any function or feature thereof. Entity understands and agrees that Spotify has no obligation to maintain, support, upgrade, or update the Spotify for business Service, or to provide all or any specific content through the Spotify for business Service.

11. Export control

Spotify’s products may be subject to U.S. export and re-export control laws and regulations, 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. Entity warrants that it is (1) not located in Cuba, Iran, North Korea, Sudan, or Syria, and (2) is not a denied party as specified in the regulations listed above.

Entity agrees to comply with all applicable export and re-export control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, Entity agrees that Entity shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Spotify under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of this Agreement.

12. Term and termination

This Agreement will continue to apply until terminated by either Entity or Spotify. Spotify may terminate the Agreement or suspend Entity’s access to the Spotify for business Service at any time, including in the event of Entity’s actual or suspected unauthorized use of the Spotify for business Service or non-compliance with this Agreement. If Entity or Spotify terminate this Agreement, or if Spotify suspends Entity’s access to the Spotify for business Service, Entity agrees that Spotify and Soundtrack shall have no liability or responsibility to Entity. To learn how to terminate Entity’s Spotify for business Subscription, please contact Customer Service at http://www.soundtrackyourbrand.com/help.

13. Warranty

We endeavor to provide the best service we can, but Entity understands and agrees that THE SPOTIFY SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. USE OF THE SPOTIFY SERVICE IS AT ENTITY’S OWN RISK. SPOTIFY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, Spotify does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, Posted Content, or any other product or service advertised or offered by a third party on or through the Spotify for business Service or any hyperlinked website, or featured in any banner or other advertising. Entity understands and agrees that Spotify is not responsible or liable for any transaction between Entity and third-party providers of Third Party Applications or products or services advertised on or through the Spotify for business Service. As with any purchase of a product or service through any medium or in any environment, Entity should use Entity’s judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by Entity from Spotify shall create any warranty on behalf of Spotify in this regard.

14. Limitation

Entity agrees that, to the extent permitted by applicable law, Entity’s sole and exclusive remedy for any problems or dissatisfaction with the Spotify for business Service, the Third Party Applications or the Third Party Application content is to uninstall any Spotify software and to stop using the Spotify for business Service, the Third Party Applications or the Third Party Application content.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPOTIFY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SPOTIFY SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SPOTIFY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SPOTIFY SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY ENTITY TO SOUNDTRACK DURING THE PRIOR THREE MONTHS IN QUESTION.

Nothing in this Agreement removes or limits Spotify’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.

15. Entire agreement

This Agreement constitutes all the terms and conditions agreed upon between Entity and Spotify and supersedes any prior agreements in relation to the subject matter of this Agreement, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from Entity to Spotify are void. Entity represents that it has not accepted the Agreement in reliance on any oral or written representations made by Spotify that are not contained in the Agreement.

16. Notices

Spotify may send Entity notice with respect to the Spotify for business Service by sending an email message to the email address listed in the Entity’s Spotify for business Subscription information, by sending a letter via postal mail to the mailing address listed in Entity’s Spotify for business Subscription information, or by posting updates to the Agreement on Spotify.com. Notices shall become effective immediately.

17. Severability

Should any provision of this Agreement 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 this Agreement, and the application of that provision shall be enforced to the extent permitted by law.

18. Choice of law and venue

This Agreement is subject to the laws of Sweden, without regard to choice or conflicts of law principles. Further, Entity and Spotify agree to the exclusive jurisdiction of the courts of Sweden to resolve any dispute, claim or controversy that arises in connection with this Agreement.

Thank you for reading our Agreement. We hope you enjoy Spotify.

Copyright © 2014 Spotify AB. All rights reserved.

Spotify Sweden AB, Birger Jarlsgatan 61, 10tr, 113 56 Stockholm, Sweden