Podcast Subscriptions Consumer Terms (US)

Subscribers in the U.S.

1. Introduction: These Podcast Paid Subscription Terms are between you and Spotify USA Inc, 150 Greenwich Street, New York, NY 10007 (“Spotify”) (the “Terms”). By subscribing to subscriber-only content (“Subscriber-Only Content”) via the Spotify for Creators websites or our APIs, email notifications, applications, buttons, widgets, ads and other services (collectively, “Services”), you enter into a binding agreement with Spotify and agree to be bound by the Terms.
2. Eligibility: In order to subscribe to Subscriber-Only Content, you need to (a) be 18 years or older, or be 13 years or older and have your parent or legal guardian consent to these Terms on your and their behalf; and (b) have the power to enter a binding contract with Spotify and not be barred from doing so under any applicable laws. You also represent that you reside in the United States, and promise that any information that you submit to Spotify is true, accurate, and complete, and you agree to keep it that way at all times. You must notify Spotify immediately of any change in your eligibility to subscribe. Spotify may, in its sole discretion, refuse to offer the Services to any person or entity and change these eligibility criteria at any time.
3. Your rights to use the Subscriber-Only Content: The Subscriber-Only Content (including all text, graphics, images, photographs, audio, video, illustrations and other content) is the property of Spotify or Spotify's licensors. We grant you limited, non-exclusive, non-transferable, non-sublicensable, revocable permission to make personal, non-commercial use of the Subscriber-Only Content. This license shall remain in effect until and unless terminated by you or by Spotify including on behalf of the Creator. You promise and agree that you are using Subscriber-Only Content for your own personal, non-commercial use and that you will not redistribute or transfer the Subscriber-Only Content.
4. Purchase: You may purchase directly from the creator (“Creator”) a subscription for the Subscriber-Only Content (“Podcast Paid Subscription”) via the Services by paying to the Creator a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase. The price for the Podcast Paid Subscription may be subject to change from time to time, including recurring subscription fees imposed by the Creator or transactional fees imposed by the payment service provider. You will be notified of any price changes in advance. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Podcast Paid Subscription after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Podcast Subscription prior to the price change going into effect.
5. Payment: The monthly subscription fee will be paid directly to the Creator’s account with a third party payment service provider. Spotify does not take part in the flow of funds in the transfer of any subscription fee from you to the Creator.
6. Renewal: Your payment of the Podcast Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Podcast Paid Subscription before the end of the then-current subscription period.
7. Cancellation: You may cancel your Podcast Paid Subscription at any time by following the instructions provided to you upon purchase of your Podcast Paid Subscription. The cancellation will take effect the day after the last day of the current subscription period, and you will no longer have access to the Subscriber-Only Content. No refund or credit will be provided for any partial subscription period.
8. Acknowledgements: You acknowledge that:
   1. Subscriber-Only Content is provided by the creator and not by Spotify; and
   2. Spotify does not guarantee the frequency, availability or quality of Subscriber-Only Content. All Subscriber-Only Content is subject to Spotify’s terms and content policies and may be removed for violation of such terms and policies. If you are dissatisfied with the frequency, availability or quality of Subscriber-Only Content in any way, you may cancel your subscription at any time in accordance with the Cancellation provision above; and
   3. If you consent to receive marketing communications from a Creator, Spotify will share your name and email address with that Creator, and Spotify is not responsible for, and excludes liability for, the Creator’s conduct with respect to that data including any marketing communications or other correspondence sent to you by or on behalf of that Creator. The Creator will act as a data controller (as defined by the EU General Data Protection Regulation 2016/67) with respect to that personal data. To the extent that use of the Services requires Spotify to process your personal data, Spotify will process such data in accordance with the Spotify Privacy Policy.
9. Trademarks: The “Spotify for Creators” and “Spotify” name and logos are trademarks and service or brand identifier’s marks of Spotify (collectively the “Spotify Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Spotify. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Spotify Trademarks displayed on the Services, without Spotify's prior written permission in each instance. All goodwill generated from the use of Spotify Trademarks will inure to Spotify's exclusive benefit.
10. Suspension and Termination. These Terms will continue to apply to you until terminated by either you (e.g. as a result of your cancellation under Section 7 above) or Spotify. Spotify may terminate these Terms or suspend your access to the Service at any time if we believe you have breached any of these Terms, if we stop providing the Service or any material component thereof on reasonable notice to you, or as we believe necessary to comply with applicable law. If you or Spotify terminate these Terms, or if Spotify suspends your access to the Service, you agree that Spotify shall, subject to applicable laws, have no liability or responsibility to you, and (except as expressly provided in these Terms) Spotify will not refund any amounts that you have already paid. All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, Sections 9, 10, 12, 13, 19, 20 and 21.
11. Warranty: To the fullest extent permitted under applicable law:
    1. Spotify has no special relationship with you or fiduciary duty to you;
    2. you release Spotify from all liability for you having acquired or not acquired content through the Services. Spotify makes no representations concerning any content contained in or accessed through the Services, and Spotify will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content contained in or accessed through the Services; and
    3. Spotify will provide the Services using reasonable care and skill, however, subject to that, the Services are provided “AS IS”, “AS AVAILABLE” and without warranty of any kind, express, statutory or implied, including, but not limited to, the implied warranties of title, non-infringement, satisfactory quality and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Spotify and its affiliates, and their officers, directors, shareholders, employees, agents, suppliers, partners and third-party content providers, and any successors or assigns, do not warrant and expressly disclaim that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services are free of viruses or other harmful components; or (iv) the results of using the Services will meet your requirements. Your use of the Services is solely at your own risk.
12. Limitation of liability: To the fullest extent permitted under applicable law:
    1. you agree that your sole and exclusive remedy for any problems or dissatisfaction with the Services is to stop using the Services. You agree that Spotify has no obligation or liability arising from or related to third party services made available through or in connection with the Services; and
    2. in no event will Spotify and its affiliates, and its and their officers, directors, shareholders, employees, agents, suppliers, partners or third-party licensors, and any successors or assigns, be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to use the Services, or third party services, 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; or (3) aggregate liability for all claims relating to the Services more than the amounts paid by you under this Agreement during the prior twelve months in question;
       Nothing in the Terms removes or limits Spotify’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, any other liability which cannot be limited or excluded under applicable law.
13. Third Party Services: The Services may permit you to link to other websites, online services or resources, and other websites, online services or resources may contain links to the Services. When you access third party resources, you do so at your own risk. These other resources are not under Spotify control, and you acknowledge that Spotify is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that Spotify will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such third party website, online service or resource.
14. Force Majeure: Spotify will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond its reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
15. Modification: Spotify reserves the right to modify or otherwise change these Terms by notifying you of such changes by any reasonable means (before they take effect). Any such changes will not apply to any dispute between you and Spotify arising prior to the date on which Spotify posted the revised Terms incorporating such changes, or otherwise notified you of such changes. Your continued access to or use of Subscriber-Only Content after Spotify posts the updated Terms or provide other notice of such updated Terms will confirm your acceptance of the changes. If you do not agree to the updated Terms, you must stop accessing and using Subscriber-Only Content.
16. Entire Agreement: These Terms are the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services.
17. Severability: Unless as otherwise stated, should any provision of these Podcast Paid Subscription Terms 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 Terms, and the application of that provision shall be enforced to the extent permitted by law.
18. Waiver: Any failure by Spotify or any third party beneficiary to enforce these Terms or any provision thereof shall not waive Spotify's or the applicable third party beneficiary's right to do so.
19. Interpretation: As used in these Terms, the words "include" and "including," and variations thereof, will be deemed to be followed by the words "without limitation." 
20. Governing Law and Jurisdictions: Except to the extent that you have rights that are required to be governed by other applicable law, these Terms will be governed by and construed in accordance with the laws of the United States (including federal arbitration law) and the State of New York, United States of America, without regard to choice or conflicts of law principles. Except to the extent that you are permitted by law to bring proceedings in another court, you agree that any dispute arising from or relating to the subject matter of these Terms will be subject to the exclusive jurisdiction and venue of the Southern District of New York.