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apple is not responsible for the investigation , defense , settlement and discharge of any third party claim that the service and/or your possession and use of the app infringe that third party 's intellectual property rights . | 0 |
you agree to comply with any applicable third party terms , when using the service . | 0 |
apple , and apple 's subsidiaries , are third party beneficiaries of this agreement , and upon your acceptance of this agreement , apple will have the right -lrb- and will be deemed to have accepted the right -rrb- to enforce this agreement against you as a third party beneficiary of this agreement . | 0 |
you hereby represent and warrant that -lrb- 1 -rrb- you are not located in a country that is subject to a u.s. government embargo , or that has been designated by the u.s. government as a `` terrorist supporting '' country ; and -lrb- 2 -rrb- you are not listed on any u.s. government list of prohibited or restricted parties . | 0 |
other than as stated in this section or as explicitly agreed upon in writing between you and spotify , the agreements constitute all the terms and conditions agreed upon between you and spotify and supersede any prior agreements in relation to the subject matter of these agreements , whether written or oral . | 0 |
please note , however , that other aspects of your use of the spotify service may be governed by additional agreements . | 0 |
that could include , for example , access to the spotify service as a result of a gift card or free or discounted trials . | 0 |
when you are presented with an offer for such aspects of your use , you will be presented with any related additional agreement , and you may have an opportunity to agree to additional terms . | 0 |
some of those additional terms are listed on spotify 's website . | 0 |
to the extent that there is any irreconcilable conflict between any additional terms and these terms , the additional terms shall prevail . | 0 |
unless as otherwise stated in the agreements , should any provision of the agreements 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 agreements , and the application of that provision shall be enforced to the extent permitted by law . | 0 |
any failure by spotify or any third party beneficiary to enforce the agreements or any provision thereof shall not waive spotify 's or the applicable third party beneficiary 's right to do so . | 0 |
spotify may assign the agreements or any part of them , and spotify may delegate any of its obligations under the agreements . | 0 |
you may not assign the agreements or any part of them , nor transfer or sub-license your rights under the agreements , to any third party . | 0 |
to the fullest extent permitted by applicable law , you agree to indemnify and hold spotify harmless from and against all damages , losses , and expenses of any kind -lrb- including reasonable attorney fees and costs -rrb- arising out of : -lrb- 1 -rrb- your breach of this agreement ; -lrb- 2 -rrb- any user content ; -lrb- 3 -rrb- any activity in which you engage on or through the spotify service ; and -lrb- 4 -rrb- your violation of any law or the rights of a third party . | 0 |
24 choice of law , mandatory arbitration and venue | 0 |
unless otherwise required by a mandatory law of a member state of the european union or any other jurisdiction , the agreements -lrb- and any non-contractual disputes/claims arising out of or in connection with them -rrb- are subject to the laws of the state or country listed below , without regard to choice or conflicts of law principles . | 1 |
further , you and spotify agree to the jurisdiction of the courts listed below to resolve any dispute , claim , or controversy that arises in connection with the agreements -lrb- and any non-contractual disputes/claims arising out of or in connection with them -rrb- . | 1 |
-lrb- in some cases , that jurisdiction will be `` exclusive '' , meaning that no other countries ' courts can preside over the matter ; have jurisdiction ; in other cases , the jurisdiction is `` non-exclusive '' , meaning that other countries ' courts may have jurisdiction as well . | 1 |
this is indicated in the chart as well . -rrb- | 1 |
poland , italy laws of sweden exclusive ; courts of local country | 0 |
turkey laws of sweden non-exclusive ; courts and other tribunals in the republic of turkey | 0 |
brazil laws of brazil exclusive ; state and federal courts of são paulo , state of são paulo , brazil | 0 |
canada laws of the province of ontario exclusive ; courts of ontario , canada | 0 |
united states , argentina , bolivia , chile , colombia , costa rica , dominican republic , ecuador , el salvador , guatemala , honduras , nicaragua , panama , paraguay , peru , uruguay state of california , united states exclusive ; state and federal courts of san francisco county , ca or new york , ny | 0 |
estonia , hong kong , latvia , lithuania laws of sweden non-exclusive ; courts of sweden | 0 |
spain laws of spain exclusive ; courts of the consumer 's current domicile in spain . | 0 |
all remaining countries laws of sweden exclusive ; courts of sweden | 0 |
spotify does not accept any codes of conduct as mandatory in connection with the services provided under these agreements . | 0 |
where permitted under the applicable law , you and spotify agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action . | 0 |
unless both you and spotify agree , no arbitrator or judge may consolidate more than one person 's claims or otherwise preside over any form of a representative or class proceeding . | 0 |
if you are located in , are based in , have offices in , or do business in a jurisdiction in which this section 24.3 . | 0 |
is enforceable , the following mandatory arbitration provisions apply to you : | 0 |
you and spotify agree that any dispute , claim , or controversy between you and spotify arising in connection with or relating in any way to these agreements or to your relationship with spotify as a user of the service -lrb- whether based in contract , tort , statute , fraud , misrepresentation , or any other legal theory , and whether the claims arise during or after the termination of the agreements -rrb- will be determined by mandatory binding individual arbitration . | 1 |
arbitration is more informal than a lawsuit in court . | 0 |
there is no judge or jury in arbitration , and court review of an arbitration award is limited . | 0 |
there may be more limited discovery than in court . | 0 |
the arbitrator must follow this agreement and can award the same damages and relief as a court -lrb- including attorney fees -rrb- , except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration . | 0 |
this arbitration provision will survive termination of the agreements . | 0 |
notwithstanding clause -lrb- 24.3.1 -rrb- above , you and spotify both agree that nothing herein will be deemed to waive , preclude , or otherwise limit either of our rights , at any time , to -lrb- 1 -rrb- bring an individual action in small claims court , -lrb- 2 -rrb- pursue enforcement actions through applicable federal , state , or local agencies where such actions are available , -lrb- 3 -rrb- seek injunctive relief in a court of law , or -lrb- 4 -rrb- to file suit in a court of law to address intellectual property infringement claims . | 0 |
either you or we may start arbitration proceedings . | 0 |
any arbitration between you and spotify will be finally settled under the rules of arbitration of the international chamber of commerce -lrb- the `` icc '' -rrb- then in force -lrb- the `` icc rules '' -rrb- by one or more arbitrators appointed in accordance with the icc rules , as modified by these agreements , and will be administered by the international court of arbitration of the icc . | 0 |
any arbitration will be conducted in the english language and unless otherwise required by a mandatory law of a member state of the european union or any other jurisdiction , the law to be applied in any arbitration shall be the law of the state of california , united states , without regard to choice or conflicts of law principles . | 0 |
any arbitration must be commenced by filing a demand for arbitration within one -lrb- 1 -rrb- year after the date the party asserting the claim first knows or reasonably should know of the act , omission , or default giving rise to the claim ; and there shall be no right to any remedy for any claim not asserted within that time period . | 0 |
if applicable law prohibits a one-year limitation period for asserting claims , any claim must be asserted within the shortest time period permitted by applicable law . | 0 |
a party who intends to seek arbitration must first send a written notice of the dispute to the other , by certified mail or federal express -lrb- signature required -rrb- , or in the event that we do not have a physical address on file for you , by electronic mail -lrb- `` notice '' -rrb- . | 0 |
spotify 's address for notice is : spotify , attn : general counsel , 45 w. 18th street , 7th floor , new york , new york 10011 , usa . | 0 |
the notice must -lrb- 1 -rrb- describe the nature and basis of the claim or dispute ; and -lrb- 2 -rrb- set forth the specific relief sought -lrb- `` demand '' -rrb- . | 0 |
we agree to use good faith efforts to resolve the claim directly , but if we do not reach an agreement to do so within 30 days after the notice is received , you or spotify may commence an arbitration proceeding . | 0 |
during the arbitration , the amount of any settlement offer made by you or spotify shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award , if any . | 0 |
in the event our dispute is finally resolved through arbitration in your favor , spotify shall pay you -lrb- 1 -rrb- the amount awarded by the arbitrator , if any , -lrb- 2 -rrb- the last written settlement amount offered by spotify in settlement of the dispute prior to the arbitrator 's award ; or -lrb- 3 -rrb- $ 1,000.00 , whichever is greater . | 0 |
all documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of arbitrator 's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law . | 0 |
except as required to enforce the arbitrator 's decision and award , neither you nor spotify shall make any public announcement or public comment or originate any publicity concerning the arbitration , including , but not limited to , the fact that the parties are in dispute , the existence of the arbitration , or any decision or award of the arbitrator . | 0 |
in the event that spotify makes any future change to this arbitration provision -lrb- other than a change to spotify 's address for notice -rrb- , you may reject any such change by sending us written notice within 30 days of the change to spotify 's address for notice , in which case your account with spotify shall be immediately terminated and this arbitration provision , as in effect immediately prior to the amendments you reject , shall survive . | 0 |
if the class action waiver at section 24.2 is found to be unenforceable in arbitration or if any part of this section 24.3 is found to be invalid or unenforceable , then the entirety of this section 24.3 shall be null and void and , in such case , the parties agree that the exclusive jurisdiction and venue described in section 24.1 shall govern any action arising out of or related to the agreements . | 0 |
if you have any questions concerning the spotify service or the agreements , please contact spotify customer service by visiting the about us section of our website . | 0 |
if you are a california resident , you may have the agreements mailed to you electronically by sending a letter to spotify , attn : general counsel , 45 west 18th street , 7th floor , new york , new york 10011 , usa with your email address and a request for the agreements . | 0 |
in addition , under california civil code section 1789.3 , you may contact the complaint assistance unit of the division of consumer services of the california department of consumer affairs in writing at 1625 n. market blvd. , suite s-202 , sacramento , california 95834 , or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service . | 0 |
thank you for reading our terms . | 0 |
we hope you enjoy spotify ! | 0 |
birger jarlsgatan 61 , 113 56 stockholm | 0 |
effective date : august 1 , 2017 | 0 |
the terms of this agreement -lrb- `` terms of service '' -rrb- govern the relationship between you and supercell oy. , a finnish company -lrb- business id 2336509-6 -rrb- having its registered office at itämerenkatu 11 , 00180 helsinki , finland , -lrb- hereinafter `` supercell '' or `` us '' or `` we '' -rrb- regarding your use of supercell 's games , websites and related services -lrb- the `` service '' -rrb- . | 0 |
use of the service is also governed by supercell 's privacy policy and other relevant policies , which are incorporated herein by reference . | 0 |
before accessing or using the service , including browsing any supercell website or accessing a game , you must agree to these terms of service and the privacy policy . | 0 |
you may also be required to register an account on the service -lrb- an `` account '' -rrb- . | 0 |
by registering for an account or otherwise using the service , you represent that you are age 13 or older . | 0 |
if you are between the ages of 13 and 17 , you represent that your legal guardian has reviewed and agreed to these terms . | 0 |
if you access the service from a social networking site -lrb- `` sns '' -rrb- , such as facebook or google + , you shall comply with its terms of service/use as well as these terms of service . | 0 |
by installing , using or otherwise accessing the service , you agree to these terms of service . | 1 |
if you do not agree to these terms of service , please do not install , use or otherwise access the service . | 0 |
use of the service is void where prohibited . | 0 |
supercell reserves the right , at its discretion , to change , modify , add or remove portions of these terms of service , its privacy policy and other relevant supercell policies at any time by posting the amended terms on the supercell service . | 1 |
you will be deemed to have accepted such changes by continuing to use the service . | 1 |
if at any point you do not agree to any portion of the then-current version of our terms of service , the supercell privacy policy , or any other supercell policy , rules or codes of conduct relating to your use of the service , your license to use the service shall immediately terminate , and you must immediately stop using the service . | 0 |
grant of a limited license to use the service | 0 |
subject to your agreement and continuing compliance with these terms of service and any other relevant supercell policies , supercell grants you a non-exclusive , non-transferable , non-sublicensable , revocable and limited license to access and use the service for your own non-commercial entertainment purposes . | 0 |
you agree not to use the service for any other purpose . | 0 |
the following restrictions apply to the use of the service : | 0 |
you shall not create an account or access the service if you are under the age of 13 ; you shall restrict use by minors , and you will deny access to children under the age of 13 . | 0 |
you accept full responsibility for any unauthorized use of the service by minors . | 0 |
you are responsible for any use of your credit card or other payment instrument -lrb- e.g. paypal -rrb- by minors . | 0 |
you shall not -lrb- or attempt to -rrb- purchase , sell , rent or give away your account , create an account using a false identity or information , or on behalf of someone other than yourself ; you shall not use the service if you have previously been removed by supercell , or previously been banned from playing any supercell game . | 0 |
you shall use your account only for non-commercial purposes ; you shall not use the service to advertise , or solicit , or transmit any commercial advertisements , including chain letters , junk or spam e-mail or repetitive or misleading messages to anyone . | 0 |
you may be required to select a password for your account or you may also use other credentials to access the account -lrb- `` login information '' -rrb- . | 0 |
you shall not share the account or the login information , nor let anyone else access your account or do anything else that might jeopardize the security of your account . | 0 |
in the event you become aware of or reasonably suspect any breach of security , including without limitation any loss , theft , or unauthorized disclosure of the login information , you must immediately notify supercell and modify your login information . | 0 |
you are solely responsible for maintaining the confidentiality of the login information , and you will be responsible for all uses of the login information , including purchases , whether or not authorized by you . | 0 |
you are responsible for anything that happens through your account . | 0 |
supercell reserves the right to remove or reclaim any usernames at any time and for any reason , including but not limited to claims by a third party that a username violates the third party 's rights . | 1 |
the service supports only one account per game on a supported device . | 0 |
any use of the service in violation of these license limitations is strictly prohibited , can result in the immediate revocation of your limited license and may subject you to liability for violations of law . | 1 |
you agree that you will not , under any circumstances : | 0 |
engage in any act that supercell deems to be in conflict with the spirit or intent of the service or make improper use of supercell 's support services . | 0 |
use or take part -lrb- directly or indirectly -rrb- in the use of cheats , exploits , automation software , bots , hacks , mods or any unauthorized third-party software designed to modify or interfere with the service , any supercell game or any supercell game experience . | 0 |
modify or cause to be modified any files that are a part of the service or any supercell game without supercell 's express written consent . | 0 |
disrupt , interfere with or otherwise adversely affect the normal flow of the service or otherwise act in a manner that may negatively affect other users ' experience when using the service or playing supercell 's games . | 0 |
this includes win trading and any other kind of manipulation of rankings , taking advantage of errors in the service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the service . | 0 |
disrupt , overburden , or aid or assist in the disruption or overburdening of any computer or server -lrb- `` server '' -rrb- used to offer or support the service or any supercell game environment . | 0 |
institute , assist , or become involved in any type of attack , including without limitation distribution of a virus , denial of service attacks upon the service , or other attempts to disrupt the service or any other person 's use or enjoyment of the service . | 0 |
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