Zasady zamieszczania reklam

Effective Date: February 12, 2024

1. Introduction: These terms (“Ads Terms”) are between you and Spotify, and incorporate the Spotify for Podcasters Platform Terms and Conditions of Use (“Platform Terms”) as amended from time to time in accordance with its terms (together, the Ads Terms and the Platform Terms are the “Terms”). By opting in to use any of the Spotify for Podcasters ads features (“Ads”) supported by Spotify Payouts, you agree to be bound by the Terms. To the extent there is any irreconcilable conflict between the Platform Terms and these Ads Terms, these Ads Terms shall prevail. If you elect to use Ads on Spotify for Podcasters, your User Content (as defined in the Platform Terms) will be considered “Monetized Content” for the purposes of the Platform Terms. Any capitalized terms not otherwise defined herein shall have the meaning given to such terms in the Platform Terms.
2. Eligibility: You must be at least 18 years old to use Ads on Spotify for Podcasters, or you must have a parent or guardian that meets the minimum age requirements responsible for your payouts via Spotify Payouts. If you have been given access to one or more of the Ads features, you may be eligible to monetize your User Content via that Ads feature, as described on the Spotify for Podcasters platform. You must meet (and continue to meet) all eligibility, content and other criteria for use of an Ads feature, as determined by Spotify, otherwise Spotify may decline to enable or deactivate monetization of your User Content via that Ads feature. By using any of the Ads features, you represent and warrant that you have linked your Spotify for Podcasters account with your Spotify account and a valid Spotify Payouts account. Your payment may be withheld or delayed if you do not maintain accurate contact and payment information. 
3. License: Without limiting the license granted under the Platform Terms, you acknowledge that by using any Ads feature, you grant Spotify the right to place and sell advertising within your User Content, including alongside any advertising already embedded within your User Content.
4. Earnings: When you enable Ads on Spotify for Podcasters, you can earn revenue from Spotify for Ads in your User Content. Earnings are calculated based on a share of revenue recognized by Spotify in accordance with generally accepted accounting principles (either US GAAP or IFRS) for advertising impressions delivered directly against your User Content approved to participate in the Ads feature. Adjustments to revenue may occur after your payout and may be incorporated in subsequent payouts. More details about earnings rates for the Ads features are available in your Spotify for Podcasters account, and are subject to change by Spotify upon thirty (30) days' written notice. Spotify may otherwise make changes to these Ads Terms in accordance with the Platform Terms.
   We may provide you with regular reporting and estimated earnings in connection with Ads on Spotify for Podcasters. You acknowledge that such data is provided “as is”, and Spotify does not guarantee that such data will be available error-free, or that mistakes will not happen from time to time. Your earnings will be displayed in your Spotify Payouts account dashboard as described in Section 5 below (and if you have previously linked your Spotify for Payouts account with a third party payment service provider for past earnings, that account will show the earnings balance owing to you, as applicable).
   Without limiting anything in the Platform Terms or the Spotify Payouts Terms, Spotify may withhold payment arising from any invalid activity detected by Spotify, including but not limited to any erroneous or artificial impressions or other artificial activity using any bot, script or other automated or manual means (“Invalid Activity”). In respect of your Invalid Activity, Spotify may also collect amounts previously paid to you that are associated with such Invalid Activity (“Clawback Amounts”). Payment may be delayed while Spotify is investigating Invalid Activity. If Spotify’s investigation ascertains that there is no Invalid Activity, then Spotify will resume payment.
5. Account with Spotify Payouts: In order to use one or more of the Ads features, you will be required to link a valid Spotify Payouts account at https://payments.spotify.com/payouts. Your use of Spotify Payouts, including any payments, will be subject to the Spotify Payouts Terms available at www.spotify.com/legal/payouts as amended from time to time. You agree to only use the Ads features in accordance with the Spotify Payouts Terms and not to use the Ads features for any activity that is expressly prohibited or restricted by those terms. Spotify may suspend or terminate the provision of the Spotify Payouts services to you if you do not comply with the Spotify Payouts Terms.
6. Fees and taxes: Your earnings balance may be subject to transactional fees, including without limitation fees imposed by Spotify Payouts as set out under the Spotify Payouts Terms, and any additional fees as disclosed to you. Additionally, taxes may apply as set out in the Spotify Payouts Terms.
7. Acknowledgements: You represent, warrant and acknowledge that:
   1. You have the power and authority to enter a binding contract with us and are not barred from doing so under any applicable laws;
   2. You will comply with all applicable laws and regulations and Spotify’s monetization policies (which may be updated from time to time and which are currently located at https://adshelp.spotify.com/HelpCenter/s/article/Monetization-Policies, or a successor link) when using the Ads features;
   3. Any registration information that you submit to Spotify is true, accurate, and complete;
   4. Spotify does not guarantee, and is not responsible for, achieving any revenue as a result of using any of the Ads features;
   5. Spotify has exclusive rights to sell advertising inserted into your User Content dynamically and via Streaming Ad Insertion;
   6. You are responsible for inserting advertising slots into your User Content as appropriate;
   7. Spotify may provide tools to help support specific category exclusions of certain Ads, as described on the Spotify for Podcasters platform, provided that you input appropriate tags into the system, but Spotify does not guarantee that excluded categories of such Ads will not run. You will not otherwise have the ability to review or pre-approve the advertising creative or any other deal details of any Ads before they run;
   8. You will not (i) integrate, deploy or otherwise use Ads in any of your User Content that is directed to children as defined by applicable law (even if children are not the primary audience for such content); or (ii) otherwise share or make available to Spotify information about children as defined by applicable law in connection with Ads on Spotify for Podcasters; and
   9. You will not take any actions to artificially alter the download or streaming numbers of User Content.
8. Termination: Spotify may suspend or terminate your access to the Ads features or terminate the Ads Terms because of Invalid Activity or otherwise in accordance with the Platform Terms. Additionally, subject to applicable law, Spotify may terminate your access to the Ads features or terminate the Ads Terms at any time upon thirty (30) days’ written notice.
   These Ads Terms will terminate automatically upon termination of the Platform Terms.
   You may also terminate these Ads Terms and your access to the Ads features at any time by contacting us via our help page.

US creators

Effective Until: March 31, 2023

1. Introduction: These terms (“Ads Terms”) are between you and Spotify, and incorporate the Spotify for Podcasters Terms of Service (as amended from time to time in accordance with its terms) (together, the “Terms”). By using any of the Spotify for Podcasters ads features (“Ads”) supported by Spotify Payouts or a third party payment service provider (“Payment Service Provider”) product, you agree to be bound by the Terms. To the extent there is any irreconcilable conflict between the Spotify for Podcasters Terms of Service and these Ads Terms, these Ads Terms shall prevail. If you elect to use Ads on Spotify for Podcasters, your User Content (as defined in the Spotify for Podcasters Terms of Service) will be considered “Monetized Content” for the purposes of the Spotify for Podcasters Terms of Service.
2. Eligibility: You must be at least 18 years old (or equivalent minimum age designated by the Payment Service Provider) to use Ads on Spotify for Podcasters, or you must have a parent or guardian that meets the minimum age requirements responsible for your payouts via Spotify Payouts. If you have been given access to one or more of the Ads features, you will be eligible for ads powered by that Ads feature, as described on Spotify for Podcasters’s platform. By using any of the Ads features, you represent and warrant that you have linked your Spotify for Podcasters account with a valid Spotify Payouts account or a valid bank account with a financial institution in your country or region. Your payment may be withheld or delayed if you do not maintain accurate contact and payment information.
3. License: Without limiting the license granted under the Spotify for Podcasters Terms of Service, you acknowledge that by using Ads, you grant Spotify the right to place and sell advertising within and alongside your User Content, including alongside any advertising already embedded within your User Content.
4. Earnings: When you enable Ads on Spotify for Podcasters, you can earn revenue from Spotify for Ads in your User Content. For all Ads other than Ambassador Ads, earnings are calculated based on a share of revenue recognized by Spotify in accordance with generally accepted accounting principles (either US GAAP or IFRS) for advertising impressions delivered directly against your User Content approved to participate in the Ads feature. Adjustments to revenue may occur after your payout and may be incorporated in subsequent payouts. Earnings for Ambassador Ads are calculated based on delivered impressions. More details about earnings rates for the Ads features are available in your Spotify for Podcasters account, and are subject to change by Spotify.
   We may provide you with regular reporting and estimated earnings in connection with Ads on Spotify for Podcasters. You acknowledge that such data is provided “as is”, and Spotify does not guarantee that such data will be available error-free, or that mistakes will not happen from time to time. Your earnings will be displayed in your Spotify Payouts account dashboard as described in Section 5 below or your Payment Service Provider account will be updated to show the earnings balance owing to you, as applicable, and will in each case be subject to any applicable Fees.
   Without limiting anything in the Spotify for Podcasters Terms of Service or the Spotify Payouts Terms, Spotify may withhold payment arising from any invalid activity detected by Spotify, including but not limited to any erroneous or artificial impressions (“Invalid Impressions”) or other artificial activity using any bot, script or other automated or manual means. In respect of any invalid activity, Spotify may also collect amounts previously paid to you that are associated with Invalid Impressions (“Clawback Amounts”). You will pay any reasonable costs and expenses Spotify incurs in collecting payment of the Clawback Amounts. Payment may be delayed while Spotify is investigating invalid activity. If Spotify’s investigation ascertains that there is no breach, then Spotify will resume payment.
5. Account with Spotify Payouts or Payment Service Provider: In order to use one or more of the Ads features, you will be required to link a valid Spotify Payouts account at https://payments.spotify.com/payouts. Your use of Spotify Payouts, including any payments, will be subject to the Spotify Payouts Terms available at www.spotify.com/legal/payouts as amended from time to time. You agree to only use the services in accordance with the Spotify Payouts Terms and not to use the services for any activity that is expressly prohibited or restricted by those terms. Spotify may suspend or terminate the provision of the Spotify Payouts services to you if you do not comply with the Spotify Payouts Terms. Notwithstanding anything to the contrary in these Ads Terms, if you opened an account with a Payment Service Provider prior to the Effective Date of these Ads Terms to receive earnings from Ads, then you may continue the use of such account in accordance with the Payment Service Provider’s applicable terms and conditions unless communicated to you otherwise by Spotify.
6. Fees and taxes: Your earnings balance may be subject to transactional fees, including fees imposed by the Payment Service Provider or Spotify Payouts as set out under the Spotify Payouts Terms, and any additional fees as disclosed to you (“Fees”). Additionally, taxes may apply as set out in the Spotify Payouts Terms.
7. Acknowledgements: You represent, warrant and acknowledge that:
   1. You have the power and authority to enter a binding contract with us and are not barred from doing so under any applicable laws;
   2. You will comply with all applicable laws, rules, regulations orders and other enforceable governmental or statutory instruments when using the Ads;
   3. Any registration information that you submit to Spotify is true, accurate, and complete;
   4. Spotify does not guarantee, and is not responsible for, achieving any revenue as a result of using any of the Ads features;
   5. Spotify does not guarantee your access (or continued access) to any Ads feature or any equivalent feature or functionality, which is at the discretion of Spotify;
   6. Spotify has exclusive rights to sell advertising inserted into your User Content dynamically or via Streaming Ad Insertion;
   7. You are responsible for inserting advertising slots into your User Content as appropriate;
   8. Spotify provides tools to help support specific category exclusions of certain Ads, as described on Spotify for Podcasters’s platform, provided that you input appropriate tags into the system, but Spotify does not guarantee that excluded categories of such Ads will not run. For all other Ads, you will not have the right to exclude specific categories;
   9. You will also have the ability to pre-approve the advertiser of certain Ads, as described on Spotify for Podcasters’s platform. For all other Ads, you will not have the ability to review or pre-approve the advertiser;
   10. Except as set out in sub-paragraphs (h) and (i) above, you will not have the ability to review or pre-approve the advertising creative or any other deal details of any Ads before they run;
   11. You will not (i) integrate, deploy or otherwise use Ads in any of your User Content that is directed to children under the age of 13 (even if children are not the primary audience for such content); or (ii) otherwise share or make available to Spotify information about children under the age of 13 in connection with Ads on Spotify for Podcasters; and
   12. You will not take any actions to artificially alter the download or streaming numbers of User Content.
8. Termination: Spotify may suspend or terminate your access to the Ads features or terminate these Ads Terms because of invalid activity or your failure to otherwise comply with these Ads Terms. In the event of termination by Spotify due to invalid activity or breach of any Spotify terms or policies, you will not be entitled to any further payments from Spotify.
   These Ads Terms will terminate automatically upon termination of the Services in accordance with the Spotify for Podcasters Terms of Service.
   Additionally, you may terminate these Ads Terms and your access to the Ads features at any time by contacting us via our help page. Spotify may terminate and/or modify these Ads Terms at any time upon thirty (30) days’ written notice to you. Spotify may, in its sole discretion, terminate your access to Ads at any time without prior notice if it reasonably believes that you are misusing any of the Ads features in violation of these Terms.
9. Severability: Unless as otherwise stated, should any provision of these Ads 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.
10. Waiver: Any failure by Spotify or any third party beneficiary to enforce these Ads Terms or any provision thereof shall not waive Spotify's or the applicable third party beneficiary's right to do so.
11. Interpretation: As used in these Ads Terms, the words "include" and "including," and variations thereof, will be deemed to be followed by the words "without limitation." Any capitalized terms not otherwise defined herein shall have the meaning given to such terms in the Spotify for Podcasters Terms of Service.

All other creators

Effective Until: March 31, 2023

1. Introduction: These terms (“Ads Terms”) are between you and Spotify, and incorporate the Spotify for Podcasters Terms of Service (as amended from time to time in accordance with its terms) (together, the “Terms”). By using any of the Spotify for Podcasters ads features (“Ads”) supported by Spotify Payouts, you agree to be bound by the Terms. To the extent there is any irreconcilable conflict between the Spotify for Podcasters Terms of Service and these Ads Terms, these Ads Terms shall prevail. If you elect to use Ads on Spotify for Podcasters, your User Content (as defined in the Spotify for Podcasters Terms of Service) will be considered “Monetized Content” for the purposes of the Spotify for Podcasters Terms of Service.
2. Eligibility: You must be at least 18 years old to use Ads on Spotify for Podcasters, or you must have a parent or guardian that meets the minimum age requirements responsible for your payouts via Spotify Payouts. If you have been given access to one or more of the Ads features, you will be eligible for ads powered by that Ads feature, as described on Spotify for Podcasters’s platform. By using any of the Ads features, you represent and warrant that you have linked your Spotify for Podcasters account with a valid Spotify Payouts account or a valid bank account with a financial institution in your country or region. Your payment may be withheld or delayed if you do not maintain accurate contact and payment information.
3. License: Without limiting the license granted under the Spotify for Podcasters Terms of Service, you acknowledge that by using Ads, you grant Spotify the right to place and sell advertising within and alongside your User Content, including alongside any advertising already embedded within your User Content.
4. Earnings: When you enable Ads on Spotify for Podcasters, you can earn revenue from Spotify for Ads in your User Content. For all Ads other than Ambassador Ads, earnings are calculated based on a share of revenue recognized by Spotify in accordance with generally accepted accounting principles (either US GAAP or IFRS) for advertising impressions delivered directly against your User Content approved to participate in the Ads feature. Adjustments to revenue may occur after your payout and may be incorporated in subsequent payouts. Earnings for Ambassador Ads are calculated based on delivered impressions. More details about earnings rates for the Ads features are available in your Spotify for Podcasters account, and are subject to change by Spotify upon thirty (30) days' written notice.
   We may provide you with regular reporting and estimated earnings in connection with Ads on Spotify for Podcasters. You acknowledge that such data is provided “as is”, and Spotify does not guarantee that such data will be available error-free, or that mistakes will not happen from time to time. Your earnings will be displayed in your Spotify Payouts account dashboard as described in Section 5 below, and will be subject to any applicable Fees.
   Without limiting anything in the Spotify for Podcasters Terms of Service or the Spotify Payouts Terms, Spotify may withhold payment arising from any invalid activity detected by Spotify, including but not limited to any erroneous or artificial impressions (“Invalid Impressions”) or other artificial activity using any bot, script or other automated or manual means. In respect of any invalid activity, Spotify may also collect amounts previously paid to you that are associated with Invalid Impressions (“Clawback Amounts”). You will pay any reasonable costs and expenses Spotify incurs in collecting payment of the Clawback Amounts. Payment may be delayed while Spotify is investigating invalid activity. If Spotify’s investigation ascertains that there is no breach, then Spotify will resume payment.
5. Account with Spotify Payouts: In order to use one or more of the Ads features, you will be required to link a valid Spotify Payouts account at https://payments.spotify.com/payouts. Your use of Spotify Payouts, including any payments, will be subject to the Spotify Payouts Terms available at www.spotify.com/legal/payouts as amended from time to time. You agree to only use the services in accordance with the Spotify Payouts Terms and not to use the services for any activity that is expressly prohibited or restricted by those terms. Spotify may suspend or terminate the provision of the Spotify Payouts services to you if you do not comply with the Spotify Payouts Terms.
6. Fees and taxes: Your earnings balance may be subject to transactional fees, including fees imposed by Spotify Payouts as set out under the Spotify Payouts Terms, and any additional fees as disclosed to you (“Fees”). Additionally, taxes may apply as set out in the Spotify Payouts Terms.
7. Acknowledgements: You represent, warrant and acknowledge that:
   1. You have the power and authority to enter a binding contract with us and are not barred from doing so under any applicable laws;
   2. You will comply with all applicable laws, rules, regulations orders and other enforceable governmental or statutory instruments when using the Ads;
   3. Any registration information that you submit to Spotify is true, accurate, and complete;
   4. Spotify does not guarantee, and is not responsible for, achieving any revenue as a result of using any of the Ads features;
   5. Spotify does not guarantee your access (or continued access) to any Ads feature or any equivalent feature or functionality, which is at the discretion of Spotify;
   6. Spotify has exclusive rights to sell advertising inserted into your User Content dynamically or via Streaming Ad Insertion;
   7. You are responsible for inserting advertising slots into your User Content as appropriate;
   8. Spotify provides tools to help support specific category exclusions of certain Ads, as described on Spotify for Podcasters’s platform, provided that you input appropriate tags into the system, but Spotify does not guarantee that excluded categories of such Ads will not run. For all other Ads, you will not have the right to exclude specific categories;
   9. You will also have the ability to pre-approve the advertiser of certain Ads, as described on Spotify for Podcasters’s platform. For all other Ads, you will not have the ability to review or pre-approve the advertiser;
   10. Except as set out in sub-paragraphs (h) and (i) above, you will not have the ability to review or pre-approve the advertising creative or any other deal details of any Ads before they run;
   11. You will not (i) integrate, deploy or otherwise use Ads in any of your User Content that is directed to children under the age of 13 (even if children are not the primary audience for such content); or (ii) otherwise share or make available to Spotify information about children under the age of 13 in connection with Ads on Spotify for Podcasters; and
   12. You will not take any actions to artificially alter the download or streaming numbers of User Content.
8. Termination: Spotify may suspend or terminate your access to the Ads features or terminate these Ads Terms because of invalid activity or your failure to otherwise comply with these Ads Terms. In the event of termination by Spotify due to invalid activity or breach of any Spotify terms or policies, you will not be entitled to any further payments from Spotify.
   These Ads Terms will terminate automatically upon termination of the Services in accordance with the Spotify for Podcasters Terms of Service.
   Additionally, you may terminate these Ads Terms and your access to the Ads features at any time by contacting us via our help page. Spotify may terminate and/or modify these Ads Terms at any time upon thirty (30) days’ written notice to you. Spotify may, in its sole discretion, terminate your access to Ads at any time without prior notice if it reasonably believes that you are misusing any of the Ads features in violation of these Terms.
9. Severability: Unless as otherwise stated, should any provision of these Ads 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.
10. Waiver: Any failure by Spotify or any third party beneficiary to enforce these Ads Terms or any provision thereof shall not waive Spotify's or the applicable third party beneficiary's right to do so.
11. Interpretation: As used in these Ads Terms, the words "include" and "including," and variations thereof, will be deemed to be followed by the words "without limitation." Any capitalized terms not otherwise defined herein shall have the meaning given to such terms in the Spotify for Podcasters Terms of Service.