libspotify

libspotify (text/plain), 24.03 KB, created by Jesús P Rey (Chuso) on 2010-06-05 14:41:09 UTC

libspotify Terms of Use

Effective as from 7 April 2009


The following libspotify Terms of Use ('Terms of Use`) set forth the
terms and conditions governing your use of the libspotify application
programming interfaces, client libraries and documentation made
available to you at http://developer.spotify.com/.

By using any part of the API (as defined below), you are deemed to have
accepted these Terms of Use in their entirety and to have entered into
a legally binding agreement with Spotify (sometimes referred to as 'we`
and 'us`) to abide by the same.  If you are acting as an officer,
director, employee or representative of an entity, by accepting, you
represent and warrant you have full legal authority to bind that entity.

   Spotify has the right to amend these Terms of Use at any time for
any reason without notice to you.  The current version of the Terms of
Use is posted at
http://developer.spotify.com/en/libspotify/terms-of-use and any changes
to the Terms of Use will become effective immediately upon posting.  If
at any time you do not agree with something in these Terms of Use,
including any changes made by Spotify, do not use or attempt to use the
API, because if you do, you are agreeing to be bound by everything in
these Terms of Use, including, without limitation, any changes we may
have made.

1 Definitions
*************

API means the libspotify application programming interface(s), binary
client libraries and documentation provided by Spotify to you for use
in creating an Application in accordance with the terms of these Terms
of Use.

   Application means an authorized end user downloadable application
utilizing the API developed by you solely for use by Users to access
the Service via an Approved Device.

'Application Key`
     means the unique key that Spotify issues to you as part of these
     Terms of Use for purposes of authenticating an Application to the
     Service.

'Approved Device`
     means desktops, laptops and netbook PCs and such other devices
     that we permit as notified to you from time to time. Approved
     Device does not include any mobile wireless handset or any other
     internet-enabled device that is designed to be handheld.

'Content`
     means the music, album art, artist biographies and any other
     content that Spotify makes available to users via the Service.

'Spotify Core Marks`
     means those trade marks of Spotify provided to you solely for use
     in accordance with these Terms of Use.

'Service`
     means the subscription music service owned and operated by Spotify
     which Spotify makes available to end users behind a paid
     subscriber wall.  Service does not include any other Spotify
     service, such as the Spotify free-to-the-user,
     advertising-supported music streaming service.

'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 registered subscriber to the Service to whom Spotify has
     issued a unique user name and password that grant access to the
     Service.  For avoidance of doubt, 'User` does not include any user
     of Spotify’s free-to-the-user, advertising-supported music
     streaming service.

2 Application Key, Developer Account Information
************************************************

You must have a valid Application Key issued by Spotify in order to
access the API and develop an Application.  You may only access the API
with the Application Key issued to you by Spotify.  The Application Key
must be embedded in your Application, including in all updates and
revisions thereto, in a secure manner not accessible by third parties.
You agree not to share, transfer or otherwise disclose your Application
Key to any other party (it being understood that a group of developers
working for the same entity may share the key for purposes of jointly
working on the Application) or use it for any other purpose except in
connection with the Application you identified when you applied for it.
You are responsible for any activities engaged in using your
Application Key, whether or not engaged in by you or a third party.
You agree to notify Spotify immediately of any actual or suspected
unauthorized use of any Application Key issued to you and to cooperate
reasonably with Spotify in the investigation of the same.

   Spotify reserves the right in its sole discretion to revoke your
Application Key for any reason or no reason, without notice, and to
block access to the API and Service by the Application, without any
liability to you or your users.

   You represent and warrant that any and all information you provided
when you applied for your developer account and any other information
or data you provide to Spotify is and shall be true, accurate and
complete when given to us.  You further represent and warrant that in
providing such information to Spotify you shall not knowingly omit or
misrepresent any material facts or information and that you shall
promptly enter corrected or updated account information via the account
management tools provided by Spotify.

3 Authorizations & Restrictions
*******************************

3.1 Subject to your compliance at all times with these Terms of Use,
Spotify grants to you a limited, revocable, non-exclusive,
non-transferable right to:

   * (i) use the API solely for purposes of developing an Application
     for an Approved Device;

   * (ii) make an Application available to Users solely as a client
     application for use in accessing the Service via an Approved
     Device;

   * (iii) use the Spotify Core Marks specified in Section 10 of these
     Terms of Use solely for purposes of complying with the branding
     requirements set forth in Section 10; and

   * (iv) make and use such internal copies of the API as are
     reasonably necessary for you to exercise the foregoing rights.

3.2 You must use the API in the exact, unaltered form provided to you
by Spotify and may not utilize it in any manner that is not expressly
authorized in these Terms of Use.  Without limiting the foregoing, you
may not:

   * (i) access or permit any person to access the Service or Content
     in any manner other than through the API in accordance with the
     terms of these Terms of Use;

   * (ii) modify, edit, disassemble, decompile or reverse-engineer the
     API, including any client libraries included in the API, or make
     available such libraries to any person other than in binary form
     as part of a  Application;

   * (iii) make the API, Service or Content available to any person who
     is not a User having valid login credentials for the Service
     issued by Spotify;

   * (iv) sell access to the API, the Service or the Content;

   * (v) use the API or Service for any illegal or unauthorized purpose;

   * (vi) use any robot, spider, site search/retrieval application or
     other device to retrieve or index any portion of the Service or
     collect information about Users for any unauthorized purpose;

   * (vii) request, collect, solicit or otherwise obtain access to
     sign-in names, passwords or other authentication credentials for
     the Service, other than by directing users to the Service via the
     means specifically provided for in the API;

   * (viii) attempt to embed or integrate the API into any website or
     otherwise allow access to the Service via the web rather than via
     the Application.

   * (ix) make the API available to Users in any manner or form other
     than as an integral part of an Application residing on a User’s
     Approved Device.

3.3 You may not charge Users for use of the Application or otherwise
derive any income from Users' use of the Application, such as through
e-commerce initiated via the Application or the sale of any
advertising, sponsorships or promotions on the Application itself.

3.4 You shall not interfere or attempt to interfere in any manner with
the proper functioning of the API or distribute any Application that
interferes with or adversely affects the functionality or performance
of the Service.  You shall not alter or otherwise interfere with any
Content, including without limitation any metadata or other information
included in connection therewith.  Your duty not to interfere with the
API and the Service shall include, but not be limited to, your duty to
respect all 'geoblocking` IP restrictions implemented by Spotify.  Any
implementation of the API that circumvents or renders ineffective such
IP address restrictions, including cloaking any IP address or blocking
or modifying any IP address restrictions, is expressly prohibited.

3.5 Without limiting other restriction in these Terms of Use, you agree
that the API 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 Service, to Spotify, or to content providers,
affiliates and partners.

3.6 Your Application shall not include any viruses, worms, Trojan
horses or any other harmful code.

3.7 You are solely responsible for your use of the API and for your
Application.  You shall ensure that the Application complies with all
applicable laws and regulations, including without limitation laws
regarding personal data, privacy, copyright and export controls.

3.8 You understand and agree that use of the Service by Users is
governed by the 'Spotify Beta Terms and Conditions of Use`
http://www.spotify.com/en/legal/end-user-agreement/ and that the
Application shall not enable any person to access or use the Service in
any manner that is not permitted under the Spotify Beta Terms and
Conditions of Use.  Without limiting the foregoing, you may not include
any so-called 'stream ripping` or other functionality in the
Application that enables or makes it easier for Users to capture or
otherwise make permanent copies of streamed content.  You agree to
cooperate with Spotify in pursuing any violations of the prohibition
against ripping or other capture of streamed content.

3.9 You acknowledge and agree that Spotify may be independently
creating applications and other products or services that may be
similar to or competitive with your Application, and nothing in these
Terms of Use will be construed as restricting or preventing Spotify
from creating and fully exploiting such applications without any
obligation to you.

3.10 When distributing the Application, you shall require end users to
agree to an enforceable end user license agreement containing at least
the following specific minimum terms: (i) a provision stating that you,
and not Spotify, are responsible for your Application; (ii) a provision
indicating that the API is provided 'as-is,` without any warranties,
and that expressly disclaims all implied warranties, including the
implied warranties of merchantability, fitness for a particular purpose
and non-infringement; (iii) a prohibition against modifying or creating
derivative works based on any part of the API; (iv) a prohibition
against decompiling, reverse-engineering, disassembling, and otherwise
reducing the API to source code or other human-perceivable form, to the
full extent allowed by law; (v) a provision indicating that ownership
of the API and Service resides with Spotify; (vi) a disclaimer of any
liability on the part of Spotify for any interruptions in the Service
as accessed via the Application; (vii) a complete and accurate
disclosure to end users of the privacy practices and policy applicable
to your Application, including without limitation notice to the end
user that your collection of data is subject to your privacy policy and
not Spotify’s.

4 Provision of the API
**********************

4.1 Spotify reserves the right to modify the API, 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 Service.

4.2 Without limiting any other right of Spotify hereunder, Spotify
reserves the right to modify, suspend or discontinue the Service at any
time without notice or liability to you.

4.3 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 these Terms of Use.
You agree that we may survey your Application and you agree not to
block or interfere with such efforts.

4.4 Spotify may limit the number of service calls that your Application
may make via the API, the volume of Content that may be accessed, or
anything else about the API and the Service it accesses as Spotify
deems appropriate, in its sole discretion, without notice.  In addition
to its other rights under these Terms of Use, Spotify may utilize
technical measures to prevent over-usage or stop usage of the API by an
Application after any usage limitations are exceeded.

4.5 Spotify has no obligation to provide you or your users 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.

5 Ownership
***********

As between Spotify and you, all copyright and other intellectual
property rights in and to the API, Service, Spotify Marks and any other
materials provided to you by Spotify for use hereunder ('Spotify
Intellectual Property`) shall be owned exclusively by Spotify.  For
avoidance of doubt, nothing in these Terms of Use shall be construed to
convey, and you by virtue of these Terms of Use shall not acquire, any
ownership interest in any Spotify Intellectual Property.  You shall not
contest, or assist others in contesting, the validity, enforceability,
ownership or title of any Spotify Intellectual Property.

6 Your Additional Warranties, Representations and Covenants
***********************************************************

In addition to any other warranties, representations and covenants made
by you, you warrant to Spotify that:

   * (a) you have the legal capacity to enter into these Terms of Use;

   * (b) 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

   * (c)  your use of the API and the Application:
        * (i)  shall not infringe  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; and

        * (ii) shall comply with all applicable laws, rules and
          regulations, including without limitation, consumer
          protection, data security, and privacy laws.

7 Disclaimer of Warranties, LIMITATION OF LIABILITY
***************************************************

7.1 YOUR USE OF THE API AND THE SERVICE IS AT YOUR SOLE RISK.  THE API
AND THE SERVICE ARE EACH PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPOTIFY EXPRESSLY
DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.

7.2 WITHOUT LIMITING THE FOREGOING, SPOTIFY EXPRESSLY DISCLAIMS ANY
WARRANTY THAT:

   * (i) THE API OR THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS;

   * (ii) THE OPERATION OF THE API OR THE SERVICE WILL BE
     UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR

   * (iii) THE API WILL PROVIDE RESULTS THAT ARE ACCURATE OR RELIABLE
     OR CONSISTENT WITH YOUR EXPECTATIONS.

7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPOTIFY SHALL
NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR
ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION
WITH THESE TERMS OF USE, SERVICE AND YOUR ACCESS TO AND USE OF THE API,
SERVICE AND CONTENT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF
THE CLAIM OR WHETHER OR NOT SPOTIFY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY
TO YOU.

8 Indemnification
*****************

You will indemnify and hold Spotify and its officers, directors,
employees and representatives harmless from and against any and all
liabilities, damages, awards, settlements, losses, claims and expenses,
including reasonable attorneys fees and costs of investigation, due to
any claim by a third party relating to or arising out of your use of
the API, the Application, and any breach by you of any of your
representations, warranties, covenants and obligations hereunder.

9 Term and Termination
**********************

9.1 These Terms of Use commences upon the date you signify your
acceptance of the libspotify Terms of Use 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.

9.2 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 these Terms of Use 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.

10 Branding
***********

10.1 In any user interface provided with your Application, you agree to
display one of the Spotify Core Marks from the page located at
http://developer.spotify.com/en/libspotify/marks.  If you choose to
display any other brand identifiers on the user interface of your
Application, you must not do so in any way that would imply or suggest
that such brand is associated in any way with the Service, the Content
or Spotify.  Spotify reserves the right at any time to require you to
make changes to your user interface as a condition on your continued
ability to use the API.

10.2 You also 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 SPOTIFY CORE but is not endorsed, certified or
otherwise approved in any way by Spotify. Spotify is the registered
trade mark of the Spotify Group.`

10.3 You agree that the Spotify Marks, including without limitation
'Spotify` and 'Spotify Core` 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.

10.4 In addition to the foregoing requirements in respect of your use
of the Spotify Core Marks, you agree to comply with the Spotify Trade
Mark Guidelines appended to these Terms of Use, as the same may be
amended by Spotify from time to time in its sole discretion.

11 General
**********

These Terms of Use shall be governed by and construed in accordance
with the laws of Sweden and each party consents to the exclusive
jurisdiction of the Stockholm District Court for the adjudication of
any disputes arising out of these Terms of Use.  You may not assign any
of your rights, or delegate any of your duties, in whole or in part, to
any third party without the written consent of Spotify.  Spotify
reserves the right, at its sole discretion, to assign or transfer any
of its rights and delegate any of its duties hereunder, in whole or in
part, to any person or entity. There is no joint venture, partnership,
agency or fiduciary relationship existing between the parties and the
parties do not intend to create any such relationship by these Terms of
Use.  Spotify’s failure at any time to require full performance of any
provision hereof will in no manner affect its right at a later time to
enforce the same.  Should for any reason or to any extent any provision
of these Terms of Use be held invalid or unenforceable, such invalidity
or unenforceability shall not in any manner affect or render invalid or
unenforceable the remaining provisions of these Terms of Use and the
application of that provision shall be enforced to the extent permitted
by law.  Each affiliate of Spotify shall be a third party beneficiary
to these Terms of Use and such affiliates shall be entitled to directly
enforce, and rely upon, any provision of these Terms of Use which
confers a benefit on them. Other than as set forth in the preceding
sentence, nothing in these Terms of Use shall be deemed or interpreted
to create any third party beneficiaries, or confer any rights in any
third parties.  The provisions of Sections 1, 2, 5-8, 11 of these Terms
of Use will survive the expiration or earlier termination of these
Terms of Use.  These Terms of Use constitutes all the terms and
conditions agreed upon between you and Spotify and supersede any prior
agreements whether written or oral. Any addition or different terms or
conditions in any written oral communication from you to Spotify are
void. You agree and accept that you have not accepted the terms and
conditions of these Terms of Use in reliance of or to any oral or
written representations made by Spotify not contained in these Terms of
Use.

SPOTIFY TRADE MARK GUIDELINES
*****************************

Users of the API have a right and an obligation to use the SPOTIFY CORE
trade marks of Spotify (the 'SPOTIFY CORE Mark`). Use of the SPOTIFY
CORE Mark is governed by the Libspotify Terms of Use and the following
guidelines. The guidelines also contain clarifying wording relating to
all trade marks containing the word SPOTIFY and any other trade marks
as registered or used by Spotify from time to time (the 'Spotify
Marks`).

   Do not change the SPOTIFY CORE Mark in any way. Do not remove,
obstruct, distort, or alter any element of the SPOTIFY CORE Mark. This
includes but is not limited to the SPOTIFY CORE word mark, e.g. by
hyphenation, combination abbreviation, or acronym such as: CORE
SPOTIFIERS, SPOTIFY CORED, SPOTIFYING, SC, SPOTIFY-CORE, SPOTIFIED
CORE, etc.

   Make sure the SPOTIFY CORE Mark is full and clearly visible, never
altered or partially covered.

   Do not use the SPOTIFY CORE Mark 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 CORE Mark, or any other 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 CORE Mark or any other Spotify Marks as
a domain name or incorporate a trade mark containing the word SPOTIFY
into you own product names, domain names, service names, trade marks,
logos or company names.

   Never display the SPOTIFY CORE Mark in a manner that is misleading,
unfair, defamatory, infringing, libellous, disparaging, obscene or
otherwise reasonable objectionable to Spotify.

   Never display the SPOTIFY CORE Mark 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 the
SPOTIFY CORE Mark.