Effective as from 26 October 2009
- 1. Definitions
- 2. Contract formation
- 3. Changes to the Agreement
- 4. Grant of license
- 5. Restrictions of use
- 6. Provision of the API
- 7. Branding
- 8. Term and Termination
- 9. Warranties, Representations and Covenants
- 10. Disclaimer of Warranties, limitation of liability
- 11. Indemnity
- 12. Intellectual property
- 13. Technology limitations and modifications
- 14. Assignment
- 15. Entire agreement
- 16. Severability
- 17. Governing law and disputes
- 18. English version prevails
- SPOTIFY TRADE MARK GUIDELINES
This document (the “Agreement”) is a legally binding agreement between you and Spotify Ltd (“Spotify”) that governs your use of Spotify’s metadata application programming interfaces and documentation made available to you at the Metadata API web site (the “API”).
Please note that you must read and agree to the terms and conditions of this Agreement before you use the API. If you do not agree to the terms and conditions of the Agreement, you may NOT use the API.
“Application” shall mean a website, web page, software application or program developed by you that makes use of the API or the Metadata.
“Metadata” shall mean any data, images, text, content or other information or materials made available to you by Spotify through the API.
“Spotify Service” means the digital music and media service owned and operated by Spotify which is available to end-users as an ad-supported free-to-the end-user version and as an advertisement free version for which the end user pays an access fee.
“Spotify Marks” means any trade marks of Spotify containing the word SPOTIFY or any other trade marks as registered or used by Spotify from time to time.
“User” means a user to whom Spotify has issued a unique user name and password that grant access to the Spotify Service.
2. Contract formation
By ticking the “I agree” box or pressing the “I Accept” button downloading the API, you agree to the terms and conditions of this Agreement.
3. Changes to the Agreement
Spotify reserves a right to make changes to this Agreement at its sole discretion. Any material changes will be posted on the developers website and it is your responsibility to check the website for such postings from time to time. The continued use of the API after the posting of changes to this Agreement will constitute an acceptance of such changes.
4. Grant of license
1. Subject to your compliance at all times with this Agreement, Spotify grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to:
- access the Spotify servers through the API for the sole purpose of making service calls in order to receive Metadata from the Spotify Service;
- use the API and the Metadata for the purpose of developing an Application and making the same available to the public;
- use the Spotify Marks specified in Section 7of this Agreement solely for purposes of complying with the branding requirements set forth in Section 7.
5. Restrictions of use
1. You must not use the API in any manner that is not expressly authorized in this Agreement. Without limiting the foregoing, you may not:
- make service calls via the API to an extent that would adversely impact, in Spotify’s sole discretion, Spotify’s servers or the Spotify Service or make calls that could reasonably have been avoided;
- modify, edit, disassemble, decompile or reverse-engineer the API;
- use the API or the Metadata for any illegal or unauthorized purpose;
- aggregate Metadata to create data bases, or any other compilations of Metadata;
- use the Metadata in any way or on any website that that is associated or promotes, encourages, facilitates or condones the illegal or unauthorized use or sharing of audio and/or audiovisual content;
- use the API or the Metadata in a manner that could be considered defamatory of third parties, obscene, malicious or discriminatory in any way, including but not limited to race, disability, sex, sexual orientation or religion; or
- use the API or the Metadata in a manner that infringes any intellectual property or other right of Spotify or any third party, including without limitation, any right of privacy, publicity, copyright, trade mark, patent or contractual right.
2. You shall not interfere or attempt to interfere in any manner with the proper functioning of the API.
3. Without limiting other restriction in this Agreement, you agree that the API and/or the Metadata may not be used to create an Application that offers or promotes services that may be damaging to, disparaging of or otherwise detrimental to the Spotify Service, to Spotify, or to content providers, affiliates and partners.
4. Your Application shall not include any viruses, worms, Trojan horses or any other harmful code that could, in Spotify’s sole discretion, affect the API or the Spotify Service.
5. You are solely responsible for your use of the API and the Metadata. You shall ensure that your use of the API and the Metadata complies with all applicable laws and regulations, including without limitation, laws regarding personal data, privacy, copyright and export controls.
6. Provision of the API
- Spotify reserves the right to modify the API and the Metadata, and to release subsequent versions of the API, at any time without notice to you. You understand that you may be required to obtain and use the most recent version of the API in order for your Application to continue to function with the API and the Spotify Service.
- Without limiting any other right of Spotify hereunder, Spotify reserves the right to modify, suspend or discontinue the API and the Spotify Service at any time without notice or liability to you.
- You agree to provide us with access to your Application and other materials related to your use of the API as reasonably requested by us in order for Spotify to verify your compliance with this Agreement. You agree that we may survey your Application and you agree not to block or interfere with such efforts.
- Spotify may limit the number of service calls that your Application may make via the API, the volume of Metadata that may be accessed, or anything else about the API, the Metatatda and the Spotify Service it accesses as Spotify deems appropriate, in its sole discretion, without notice. In addition to its other rights under this Agreement, Spotify may utilize technical measures to prevent over-usage or stop usage of the API by a Application after any usage limitations are exceeded.
- Spotify has no obligation to provide you or any users of your Application with support, software upgrades, enhancements or modifications to the API. You understand and agree that you are solely responsible for providing user support and any other technical assistance for your Application.
1. You agree that your Application must prominently display the following statement in the help text or about text, in the acknowledgements in the documentation associated with your Application and on any website associated with the Application or other promotional material:
“This product uses a SPOTIFY API but is not endorsed, certified or otherwise approved in any way by Spotify. Spotify is the registered trade mark of the Spotify Group.”
2. You agree that the Spotify Marks are the intellectual property of Spotify and agree not to attempt to use or register any trade mark in your own name that include “Spotify,” any other Spotify Mark, or any name that is confusingly similar to any of them. In addition, you agree not to attempt to register any domain name that includes the word “Spotify,” any other Spotify Mark, or any name that is confusingly similar to any of them.
3. In addition to the foregoing requirements in respect of your use of the Spotify Marks, you agree to comply with the Spotify Trade Mark Guidelines appended to this Agreement, as the same may be amended by Spotify from time to time in its sole discretion.
8. Term and Termination
1. This Agreement commences upon the date you signify your acceptance of the Agreement by clicking “I agree” or otherwise commence use of any portion of the API and shall continue in force thereafter, unless terminated as provided herein.
2. Spotify may amend or discontinue the API or any aspect thereof, or may terminate your ability to use the API, in each instance at any time prior to, or after, your development of an Application, without notice, for any reason or no reason, without any liability to you or your users. You may terminate this Agreement by ceasing all use of the API, in which case you must remove any and all code from your Application that enables your use of the API.
9. Warranties, Representations and Covenants
1. You warrant to Spotify that:
- you have the legal capacity to enter into this Agreement;
- you possess all authorizations, approvals, consents, licenses, permits, certificates and other rights and permissions necessary to provide your Application and perform your obligations hereunder; and
- your use of the API and the Application shall not infringe any intellectual property or other rights of Spotify or any third party, including without limitation, any right of copyright, trade mark, patent, privacy, publicity or contractual right.
10. Disclaimer of Warranties, limitation of liability
1. THE USE OF THE API AND THE METADATA IS AT YOUR OWN RISK. THE API AND THE METADATA IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THERE IS NO WARRANTY, EXPRESSED OR IMPLIED, AS TO THE QUALITY, CONTENT AND AVAILABILITY OR FITNESS FOR A SPECIFIC PURPOSE OF THE API OR THE METADATA. 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.
2. IN NO EVENT SHALL SPOTIFY, ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA, SERVICE INTERRRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE API OR THE METADATA, INCLUDING ANY DAMAGES RESULTING THEREFROM. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE API OR THE METADATA IS TO STOP USING THE API.
You agree to indemnify and hold Spotify and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable attorney fees) made by a third party due to or arising out of or related to your use of the API or the Metadata or your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.
12. Intellectual property
Spotify respects intellectual property rights, and expects you to do the same. Please note therefore that the API, the Metadata and the Spotify Marks (the “Intellectual Property”) is the property of Spotify or Spotify’s licensors and protected by intellectual property rights (including but not limited to copyright) and that you do not have a right to use the Intellectual Property in any manner not covered by the Agreement. For the avoidance of doubt, nothing in this Agreement shall be construed to convey, and you by virtue if this Agreement shall not acquire, any ownership interest in the Intellectual Property. You shall not contest, or assist others in contesting, the validity, enforceability, ownership or title of any Intellectual Property.
Further, you may not remove or alter any copyright, trade mark or other intellectual property notices contained on or provided through the Intellectual Property.
13. Technology limitations and modifications
Spotify will make reasonable efforts to keep the API and the Spotify Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Spotify reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the API and the Spotify Service with or without notice.
You may not assign any of your rights, or delegate any of your duties under this Agreement, in whole or in part, to any person or entity. Spotify has a right to assign this Agreement or any part thereof to any third party without restrictions.
15. Entire agreement
This Agreement constitutes all the terms and conditions agreed upon between you and Spotify with respect to the subject matter of this Agreement and supersedes any prior agreements, whether written or oral. Any additional or different terms or conditions in any written or oral communication from you to Spotify are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by Spotify not contained in this Agreement.
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, 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.
17. Governing law and disputes
This Agreement shall be governed and construed in accordance with the substantive laws of Sweden. Any dispute, controversy or claim arising out of or in connection with this Agreement will be subject to the jurisdiction of the courts of Sweden, Stockholm District Court being the court of first instance.
18. English version prevails
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.
Copyright © 2009 Spotify Ltd. All rights reserved.
103 New Oxford Street
London WC1A 1DD
SPOTIFY TRADE MARK GUIDELINES
Do not change the Spotify Marks in any way. Do not remove, obstruct, distort, or alter any element of the Spotify Marks. This includes but is not limited to the Spotify word mark, e.g. by hyphenation, combination abbreviation, or acronym such as SPOTIFIERS, SPOTIFYING, SPOTIFIED etc.
Make sure the Spotify Marks are full and clearly visible, never altered or partially covered.
Do not use the Spotify Marks in ways that (i) imply an association with or endorsement of any other product, service, event, sponsorship, or organization; (ii) can be reasonably interpreted to suggest editorial content was authorised by Spotify; or (iii) represent the views or opinions of Spotify or Spotify’s personnel without prior written approval from Spotify.
Do not adopt trade marks, logos, slogans, or designs that are confusingly similar to the Spotify Marks or imitate the Spotify trade dress, including the look and feel of the Spotify clients design or the design of any Spotify website, Spotify distinctive colour or colour combinations, typography, graphic designs, product or service icons or images associated with Spotify.
Do not register the Spotify Marks as a domain name or incorporate a trade mark containing the word SPOTIFY into your own product names, domain names, service names, trade marks, logos or company names.
Never display the Spotify Marks in a manner that is misleading, unfair, defamatory, infringing, libellous, disparaging, obscene or otherwise reasonable objectionable to Spotify.
Never display the Spotify Marks on any website or user interface that contains or displays pornographic content, promotes gambling or violence, contains hate speech, involves the sale of tobacco or alcohol, violates other applicable laws or regulations or is otherwise objectionable.
You do not have the right to use any other Spotify Marks than those located at Spotify’s web site.