Terms and Conditions
These terms (the “Terms”) apply to your use of the “pre-save” Spotify tool (“Application”) on the www.kobaltmusic.com and www.presave.KLS.io websites (together the “Website”). Please read these Terms carefully and ensure that you understand them before you use the Application and/or Website. By accepting, downloading, accessing and/or using the Application and Website, you confirm that you have read, understood and accepted these Terms and that you agree to abide by them and any changes made to them from time to time. You acknowledge that the Terms constitute a legally binding contract between us and you (and, if relevant, any organisation on whose behalf you are acting). If you are acting on behalf of any organisation, you confirm that you have the requisite authority, power and right to fully bind that organisation. You also agree that you shall not use the Application and Website in any manner not expressly permitted by these Terms or which is deemed unlawful or fraudulent. If you (or, if relevant, your organisation) do not agree to the Terms (or if you do not have the right to bind your organisation), you must not accept, download, access or use the Application and/or Website.
In these Terms, the following shall have the following meanings:
- “Spotify Platform” means Spotify’s developer tools and documentation that allows us and others to create tools and applications compatible with the Spotify Service
- “Spotify Service” means the service, websites, software applications and offers provided by Spotify; and
- “Spotify Content” means any content, data, information or material made available through the Spotify Service or by Spotify. This includes among other things, sound recordings, album artwork, artist biographies, metadata, playlists and user data.
The Application and Website (but not the Spotify Service and/or Spotify Content which are owned and/or controlled by Spotify, its affiliates or its applicable licensors) are owned and operated by, or on behalf of, Kobalt Music Group Limited ("we" or "us" or “Kobalt”). We are registered in England and Wales under company number 04018752 and our registered office is at 4 Valentine Place, London SE1 8QH. Our VAT registration number is GB774150334.
- You must not misuse the Application and Website by knowingly introducing viruses, or other damaging content which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Application and Website, the server on which the Application and Website is stored/managed or any server computer or database connected to the Application and Website.
- In addition to any obligations placed on you by Spotify in their terms of service, rules and policies for use of the Spotify Service and access to Spotify Content, you must not leave the electronic device or computer or other similar or analogous device from which you have accessed the Application and Website unattended whilst you are logged on, or allow anyone else to access your Application and Website using your username or password. For security reasons on-line access may be subject to automatic time outs after a period of inactivity as determined by us. We may refuse to allow you (or, if relevant, your organisation) access to the Application and/or Website if we reasonably suspect that an unauthorised person is attempting to log in to access it, or incorrect details are used in attempting to log in.
- If you become aware (or have reason to suspect) that your username/password combination is no longer secure, or that a third party may have access to it, please follow the terms of service, rules and policies set out by Spotify on the Spotify Service immediately.
- In addition to any and all obligations placed on you by Spotify in their terms of service, rules and policies for use of the Spotify Service and access to Spotify Content, you must, at all times, keep your username/password combination safe and secure and not disclose it to any third party. You shall be responsible for any failure to do so and Kobalt and Spotify shall not be liable to you in any way in the event that a third party gains access to the Application and Website through the use of your username/password combination. As there are certain security, corruption, transmission error and access availability risks associated with using open networks such as the Internet, you hereby expressly assume such risks. Provided we have used reasonable levels of security and encryption we shall have no liability to you in respect of any unauthorised access to your Application and Website.
- We may update the Application and/or Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Application and/or Website, or close them (or either of them) indefinitely, without notice. In addition, we do not warrant that the functions or materials on, or access from, the Application and/or Website shall be uninterrupted or free from errors.
- The Application and Website and the content and data provided through it (including all software applications but not including the Spotify Platform, Spotify Service or Spotify Content and the content and data thereof) are the sole property of Kobalt (or entities that have licensed rights to Kobalt) and we grant to you a limited, non-exclusive, revocable licence to make personal, non-commercial use, or, if you are a business user, for the internal business purposes of your organisation, of the Application and Website (but not the Spotify Platform, Spotify Service or Spotify Content which are owned by Spotify and its affiliates, and access to and use of which are governed by Spotify’s terms of service, rules and policies) on your computer and/or device and to receive the content and service made available through the Application on your computer and/or device. We may assign these Terms or any part thereof without restrictions. You may not assign these Terms or any part thereof, not transfer or sub-licence your rights under these Terms to any third party. You acknowledge that any and all recordings (and underlying compositions) streamed, downloaded or otherwise accessed are owned by third parties and your use of the same shall strictly be governed and limited by Spotify’s terms of service, rules and policies which can be obtained via the Spotify Service.
- Except as set out in these Terms, you are not allowed to: (i) republish, redistribute or re-transmit the Application and/or Website; (ii) copy or store the Application and/or Website (including any of its content or data) other than for your use as permitted by these Terms and as may occur incidentally in the normal course of use of your browser or mobile device; (iii) create a database by systematically downloading and storing any content or data from the Application and/or Website; (iv) remove or change any content or data in the Application and/or Website or attempt to circumvent security or interfere with the proper working of the Application and/or Website or any servers on which the same is/are hosted; and (v) otherwise do anything that it is not expressly permitted by these Terms.
- Spotify with whose devices and/or operating systems the Application have been designed to be compatible oblige us to include certain additional provisions in these Terms. These are set out at the end of these Terms under “Additional third party terms”. These provisions come from Spotify, not us. The Spotify Service and Spotify Content are operated and managed by Spotify and/or its affiliates and applicable licensors. In furtherance of other provisions hereof that mention your obligations to Spotify, you must also comply with all applicable terms of service, rules and policies applying to the Spotify Service or Spotify Content, service, product and/or content. We are not responsible for the Spotify Service or Spotify Content or (with the exception of the Application but only as hosted on the Website) for anything provided by them and do not guarantee that they will be continuously available.
- Whilst Kobalt takes reasonable data precautions and care to ensure that the Application and Website are free of computer viruses, we do not guarantee that the use of the Application and/or Website will not cause damage to your computer or device nor do we guarantee the security of user information on your computer or device at any time. Accordingly, the Application and Website are provided to you “As Is”, without express or implied warranty or condition of any kind. Your use of the Application and Website is at your own risk and we disclaim any warranties or conditions of merchantability, fitness for a particular purpose or non-infringement. By agreeing to these Terms, you agree that you are solely responsible for ensuring that you have suitable equipment, security and virus protection in place on your computer or device before using the Application and Website.
- We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the Application or Website or that the Application or Website will respond at a certain speed. You agree that downloading, accessing and use of the Application and Website is on an 'as is' and 'as available' basis and at your sole risk.
- Information made available through the Application is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
- Except as expressly set out in these Terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content or data in the Application and Website and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content or data in the Application or Website.
- To the fullest extent permitted at law, Kobalt (including its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors) shall not be liable for any (i) economic loss or damage (including loss of profit, revenue, business, contract, goodwill, or other financial loss); or (ii) any special, indirect or consequential loss or damage however caused arising out of or in connection with the use of the Application and/or Website. We do not exclude or restrict our liability for death or personal injury resulting from our negligence or that of our agents or for fraudulent misrepresentation made by us to you, in relation to the Application and/or Website. In addition, nothing in these terms shall exclude, restrict or limit any other liability that may not be limited or excluded by law.
- Unless required by a mandatory law of any other jurisdiction, this Agreement is subject to the laws of England and the English courts shall have exclusive jurisdiction to resolve any dispute or claim that arises out of this Agreement.
Additional Third Party Terms
- You acknowledge and agree that:
- no warranties or representations are given herein on behalf of Spotify and all implied warranties with respect to the Spotify Platform, Spotify Service and Spotify Content (including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement) are explicitly disclaimed. Spotify has no obligation at all to provide any support or maintenance service with regards to the Application or Website. If you have support questions specifically in relation to the Application or Website, please contact Kobalt (and not Spotify), using the Contact Us section of kobaltmusic.com, If you have any questions specifically in relation to the Spotify Service or Spotify Content, please contact Spotify;
- you are expressly prohibited from modifying or creating derivative works based on the Spotify Platform, Spotify Service or Spotify Content, and you hereby represent, warrant and undertake the same;
- you are expressly and to the fullest extent permissible by law prohibited from decompiling, reverse engineering, disassembling or otherwise reducing the Spotify Platform, Spotify Service and Spotify Content to source code or other human-perceivable form, and you hereby represent, warrant and undertake the same;
- we are responsible for the Application and Website (not Spotify) and Spotify’s liability in connection to the same is expressly disclaimed;
- Spotify is responsible for the Spotify Service and Spotify Content (not us) and our liability in connection to the same is expressly disclaimed. Furthermore, you hereby acknowledge and agree that Spotify’s applicable terms of service, rules and policies shall apply when you are using the Spotify Service and/or Spotify Content.