Spotify Tickets Terms of Purchase
Effective as of August 9, 2022
Welcome to the Spotify Tickets Terms of Purchase . On this page, you can find and read the terms and conditions that apply to your purchase of a ticket for an Event .
PLEASE READ THESE TERMS CAREFULLY AND IN FULL. THEY CONTAIN CONDITIONS AND RESTRICTIONS RELATING TO YOUR PURCHASE.
9. Changes to Events, cancelations and refunds
13. Changes to these Spotify Tickets Terms
15. Other important information
1. Introduction.
1.1 Spotify offers a service called Spotify Tickets via tickets.spotify.com (the "Website") that allows Spotify users to purchase tickets to attend live in-person events (each an "Event"). Unless stated otherwise, Events are live in-person events presented at a performance site (a "Venue").
1.2 "Spotify", "we", "us", "our" means Spotify USA Inc., a Delaware Corporation with offices at 4 World Trade Center, 150 Greenwich Street, 62nd Floor, New York, New York 10007.
2. Our role.
2.1 We normally sell tickets on behalf of third parties which can include venues, event promoters, fan clubs and artists (each an "Event Partner"), as their disclosed ticketing agent. Sometimes, where stated, we might also act as the promoter or organizer of the Event ourselves and therefore take on the role of Event Partner as well.
2.2 In the case of each Event, the relevant Event Partner is responsible to you for that Event. Other than in cases where we act as the Event Partner, we will not control the ticket availability or inventory stock. By purchasing a Ticket (as defined below) to an Event , you are making an offer to purchase a Ticket(s) and enter into a binding contract with the Event Partner. Spotify only accepts your offer, as agent on behalf of the Event Pa rtner, when you receive the confirmation email described below. When you purchase a Ticket for an Event located in the United States, we will be processing the payment transaction on behalf of the Event Partner.
3. Terms and conditions.
3.1 Access to Spotify Tickets and each Event is made available subject to:
3.1.1 these Spotify Tickets Terms of Purchase (the "Spotify Tickets Terms");
3.1.2 the Spotify Terms and Conditions of Use (the "Spotify Terms of Use");
3.1.3 the Spotify Privacy Policy; and
3.1.4 any additional terms and conditions that the relevant Venue may set from time-to-time ("Venue Terms"). Venue Terms will be available on their respective websites or at the Venue.
3.2 The terms referenced at section 3.1 (together the "Additional Terms") are hereby incorporated into these Spotify Tickets Terms by reference. In the event of any inconsistency between these Spotify Tickets Terms and the Additional Terms , these Spotify Tickets Terms will prevail.
4. Ticket purchases.
4.1 To submit an order for a ticket to an Event (an "Order"), you will need to have a Spotify account. If you don't have a Spotify account, you will need to register a free account with us before you can place an Order.
4.2 To place an Order and to purchase access to an Event , you need to meet the requirements in section 1 of the Spotify Terms of Use, including without limitation meeting the required minimum age threshold in your country (and/or having consent of your parent or legal guardian, as applicable), and not being barred from doing so under any applicable laws, and residing in a country where the Spotify Service (as defined in the Spotify Terms of Use) is available. You may also need to meet specific age requirements to purchase tickets or attend an Event at a particular Venue, which will be set out in the relevant Venue Terms, as applicable. By verifying your age and completing your purchase, you attest that you meet these requirements and further agree that Spotify will not be liable for any costs or damages arising out of your failure to present valid proof of age at the Venue, including but not limited to being denied admission to the Event.
4.3 To place an Order, you will need to follow the procedure set out on the Website. The Order process allows you to check and amend any errors before submitting your Order, including the email address to which the Ticket will be sent . Please check your Order carefully before confirming it. You are responsible for ensuring that your Order is complete and accurate. The Order process is only available in the English language.
4.4 In accordance with section 4.3 above, your Order is an offer by you to enter into a contract. Acceptance of your Order, by us acting as agent on behalf of the Event Partner, will be confirmed when we send you a confirmationof your Order (a "Ticket") at which point your Purchase will be complete and you will be the person who has purchased the Ticket from Spotify acting as agent on behalf of the Venue or Event Partner ("Ticket Purchaser"). These Spotify Tickets Terms and the Order will become legally binding when we send you the Ticket and each Order shall incorporate these Spotify Tickets Terms and shall be a new and separate contract ("Contract").
4.5 Each Event Partner may set limits on the number of tickets you may purchase. Such limits will be set out before you are able to make an Order.
5. Access to Events.
5.1 Following the conclusion of your Order in accordance with Section 4, we will email you your Ticket on behalf of the Event Partner. Please look after this Ticket as you will need it to gain admission to the Event.
5.2 Events will be hosted at Venues. To be admitted to an Event, you must possess a valid form of government-issued identification and present it, in original and physical form, when arriving at the Venue. In order to gain admission, the Venue will check the name on your ID against the name associated with the Ticket (the "Will Call Process"). If you purchase multiple Tickets (subject to any limits set under section 4.5 above), your name will be associated with all of those Tickets. Subject to section 6, you must follow the Will Call Process for all of the Tickets in your Order. If you buy Tickets for yourself and others, those others must accompany you through the Will Call Process - they will not be able to go through the Will Call Process on their own since your name will be associated with all of the Tickets. For admissions policies and procedures to Events specific to individual Venues, please refer to the Venue Terms.
5.3 You and your belongings may be subject to searches before you may enter the Venue.By purchasing, or accepting the transfer of, a Ticket you hereby consent to any such searches. You agree that you may be refused entry to a Venue if you refuse to be searched and/or if you are found to have certain items that a particular Venue prohibits on their premises.
5.4 You agree, at all times whilst attending an Event, to comply and cooperate with all directions regarding health, safety and wellbeing including without limitation directions concerning crowd control, Venue capacity management, exiting and evacuation procedures.
5.5 A Ticket grants you a revocable personal license to attend an Event and such license may be refused or withdrawn, thereby preventing you from attending or remaining at an Event. Other than as permitted in section 6 below, you may not redeem your Ticket for cash or other forms of consideration. We, Event Partners and Venues reserve the right to refuse and/or block your entry to, and to evict you from, any Event if:
5.5.1 you act in a way which is likely to cause, or causes, disruption to the Event, for example if you engage in behavior which is threatening, offensive or otherwise objectionable during that Event;
5.5.2 we become aware, or reasonably suspect, that your Ticket purchase and/or use of Spotify Tickets is fraudulent;
5.5.3 you use Spotify Tickets in a way which is contrary to applicable law; and/or
5.5.4 you are in breach of these Spotify Tickets Terms and/or any of the Additional Terms.
6. Limited Ticket transfers
6.1 You may not resell, assign or transfer a Ticket except where (a) the Ticket is to an Event located in the US states listed below ("Permitted Transfer States"); and (b) the resale, assignment or transfer is not prohibited by law and is in accordance with these Spotify Tickets Terms:
|
Colorado |
Connecticut |
Illinois |
|
New Jersey |
New York |
Utah |
6.2 To transfer a Ticket for an Event located in a Permitted Transfer State (a "Permitted Transfer Event") to another person (the "Transferee"), the following applies (the "Transfer Process"):
6.2.1 You must contact Spotify to inform us of the full name (first name and surname) and email address of the Transferee. That's because we will need to inform the relevant Venue Partner of the change of name for your Ticket.
6.2.2 To contact Spotify, please visit https://support.spotify.com/contact-spotify-support/and you will be guided through the process to transfer your Ticke t. Although you do not need to be a Spotify user to engage with the chat functionality, we will ask you to tell us the email address associated with the Ticket so we may verify that the person asking for the transfer is the person who holds the Ticket. We will work to enable the name change as quickly as possible. We may confirm once the Transfer Process has been completed, however we will not send any communications to you or to any Transferee.
6.2.3 Any payment or other consideration that you may arrange with a Transferee must be concluded without the involvement of Spotify. Spotify does not facilitate payment with respect to Ticket transfers and will not refund you the cost of your Ticket under any circumstances once it has been transferred to a Transferee.
6.2.4 Once the name on the Ticket has been updated, only the Transferee will be able to gain access to the Venue with the Ticket in question.
6.2.5 You must share a copy of these Spotify Tickets Terms with the Transferee and inform the Transferee of the requirements set out herein about how to gain access to the Venue with the Ticket.
6.2.6 If you are the Transferee, by accepting the transfer of the Ticket from the prior holder of the Ticket, you hereby agree to these Spotify Tickets Terms.
6.2.7 If you are the Transferee, these Spotify Tickets Terms shall apply to you as if you were the Ticket Purchaser, except as they relate to purchases of Tickets directly from Spotify such as on price, payments, and subject to section 9 of these Spotify Tickets Terms, remedies for postponed, rescheduled or canceled Events.
6.2.8 You are responsible for ensuring the Transferee's name and email address are correct. Spotify takes no responsibility or liability for accidental transfers or transfers using incorrect Transferee names and/or email addresses. Once the Transfer Process has completed, the transferor ceases to have rights to the Ticket. Spotify will not transfer the Ticket back to the transferor without the Transferee's consent.
6.3 Any Tickets that were resold, transferred, or otherwise conveyed to a Transferee who has not agreed to the Spotify Tickets Terms will constitute a breach of these terms and will be invalidated or canceled without a refund or other compensation.
7. Price and payment.
7.1 In our capacity as agent, we sell tickets on behalf of Event Partners. That means that the face value of Tickets that we sell is set by those Event Partners and not by Spotify (other than in cases where we act as the Event Partner). We will charge a booking fee which we retain and which is made clear to you before the point of purchase.
7.2 The face value of your Ticket and any additional costs (such as booking fees and taxes) will be set out during the Order process. Spotify may charge taxes on the price of Spotify Tickets. Tax rates are calculated based on the location of the venue applicable at the time you are charged. These amounts can change over time with local tax requirements of the Venue location country, state, territory, county, or city.
7.3 You can pay by any of the payment methods set out in the Order process ("Payment Methods"). You confirm that the card or account which is being used is yours, or that you have the authorization of the account holder to use it. If your payment is not authorized , your Order will not be fulfilled.
7.4 We may use third-party payment service providers ("Payment Providers") to help us to process payments on behalf of Event Partners.By making a purchase through Spotify Tickets, you agree to be bound by any of our Payment Providers' policies, user agreement, terms and conditions. You also consent and authorize Spotify to share the information you provide to us with the applicable Event Partner and Payment Provider to the extent required to process your payment.
8. Errors.
8.1 We and our Event Partners take reasonable care to ensure that the Ticket purchase experience is free of errors. It is, however, possible that an error may occur including, but not limited to, pricing; refunds; the time that a Ticket may go on sale; or the unintended availability of a Ticket for sale at all (an "Error"). In these circumstances, we will try to contact you using the email address connected to your Spotify account to inform you of the Error.
8.2 Where an Error occurs, we reserve the right to cancel the Order and the Ticket and to refund you the amount paid, regardless of the cause of the Error. We will not be liable for any expenses in connection with the Error. If a refund is processed in error or if the amount refunded is incorrect, we reserve the right to charge an amount to make up for the difference.
9. Changes to Events, cancelations and refunds.
Please note that, unless stated otherwise in these Spotify Tickets Terms, you cannot cancel or return your Ticket once purchased. A s a result, refunds are not available unless otherwise stated below. Please take care when placing an Order.
A. If an Event Partner makes changes to an Event , for example to cancel, postpone or reschedule it, Spotify will notify the Ticket Purchaser as soon as possible using the details provided during the Order process. The Event Partner is responsible for any remedies offered. Subject to the Event Partner's approval, the following options may be available to the Ticket Purchaser:
(i)Where an Event is postponed or rescheduled: On behalf of the Event Partner, Spotify may, and at the Event Partner's discretion, give you the option either to obtain a refund or to exchange your Ticket for a ticket to the rescheduled event.
(ii) Where an Event is canceled: the Ticket Purchaser may receive a full refund.
(iii) In the case of all refunds, the Ticket Purchaser will be refunded subject to Spotify receiving funds from the Event Partner to refund on their behalf. Refunds will be issued to the same Payment Method that the Ticket Purchaser used to pay for the Ticket, unless the Ticket Purchaser expressly and mutually agrees otherwise with Spotify.
B.If you are a Transferee in possession of a Ticket to a Permitted Transfer Event, you are not entitled to a refund from Spotify on behalf of the Event Pa rtner for any Events that may be postponed, rescheduled or canceled. That's because the Transferee did not purchase the Ticket from Spotify. Spotify is not liable or responsible for facilitating a refund and/or any other remedy from the Transferor. Where the Event is postponed or rescheduled, you may still be able to gain admission to the Event on the new date.
C. If you are a Ticket Purchaser and you are attempting to transfer a Ticket in respect of a Permitted Transfer Event, the following applies: in the event that you attempt, but are unable, to transfer your Ticket using the transfer method described herein, you may be entitled to a refund in respect of those Tickets that you are unable to transfer. You will need to contact Spotify at https://support.spotify.com/us/contact-spotify-support/ and be able to demonstrate that you followed the steps outlined in the Transfer Process. If we consider your request to be in good faith and accompanied with adequate supporting information, we may issue you a full refund.
10. Recording and image usage.
10.1 Events may involve content capture by us and/or third parties. Such content capture may include filming and photography. By attending an Event, you acknowledge that such content capture may occur from time-to-time and you consent to being recorded, photographed and/or filmed as part of your attendance at such Events. You also consent to us and/or third parties capturing your image, name and/or likeness in the course of such content capture and using it on a worldwide, perpetual, royalty-free, sub-licensable and irrevocable basis in any medium existing now or in the future for a variety of purposes, including sales, brand and marketing promotions and editorial content.
10.2 At certain Events, you may be prohibited from capturing any content and/or footage, including through photography and/or live action recording.
11. Problems and disputes.
This section contains, amongst other things, provisions concerning warranty disclaimers, limitation of liability, choice of law, mandatory arbitration and a class action waiver provision. By entering the Venue for the Event, each Ticket holder agrees to the following:
11.1 WARRANTY DISCLAIMERS. ANY GOODS AND/OR SERVICES PROVIDED AND/OR SOLD UNDER THESE SPOTIFY TICKETS TERMS ARE DONE SO ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, SPOTIFY AND ALL VenueS AND EVENT PARTNERS DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING SPOTIFY TICKETS AND ANY EVENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER SPOTIFY NOR ANY OWNER OF CONTENT WARRANTS THAT THE SPOTIFY SERVICE OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, SPOTIFY MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SPOTIFY SERVICE OR ANY HYPERLINKED WEBSITE, AND SPOTIFY IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SPOTIFY SHALL CREATE ANY WARRANTY ON BEHALF OF SPOTIFY. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you and nothing will affect your statutory rights.
11.2 LIMITATION OF LIABILITY. IN NO EVENT WILL SPOTIFY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SPOTIFY SERVICE AND/OR SPOTIFY TICKETS (INCLUDING ANY TICKET OFFERED THEREUNDER), DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SPOTIFY SERVICE, SPOTIFY TICKETS THIRD-PARTY APPLICATIONS, GOODS, SERVICE AND/OR CONTENT MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY YOU DIRECTLY TO SPOTIFY FOR YOUR ORDER; OR (B) $5.00 (FIVE US DOLLARS). ANY LIABILITY WE DO HAVE FOR LOSSES YOU SUFFER IS STRICTLY LIMITED TO LOSSES THAT WERE REASONABLY FORESEEABLE. ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION OR FILING AN INDIVIDUAL ACTION UNDER THE ARBITRATION AGREEMENT BELOW) WITHIN ONE (1) 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.
11.3 Spotify is not responsible or liable for any of the following:
11.3.1. issues relating to the Event experience that include, but aren't limited to, accessibility, gaining admission, quality of the performance, sound, visual and/or audiovisual quality, Venue facilities or the view of the performance;
11.3.2 loss or theft of any Tickets;
11.3.3 problems with gaining access to Venues via the Will Call Process;
11.3.4. ancillary personal expenses or arrangements such as accommodation, travel or hospitality connected to attendance at the Event; or
11.3.5 any payment processing fees incurred.
11.4 Nothing in these Spotify Tickets Terms excludes or limits our liability for:
11.4.1 fraud or fraudulent misrepresentation; and
11.4.2 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
11.5 Third party rights. You acknowledge and agree that, where applicable and where described in these Spotify Tickets Terms, the Event Partners and Venues are intended beneficiaries of these Spotify Tickets Terms and have the right to enforce these Terms directly against you. Other than as envisaged by these Terms, these Terms are not intended to grant rights to anyone except you and Spotify, and shall not create any third-party beneficiary rights.
11.6 Indemnity. You agree to indemnify and hold Spotify harmless from and against any reasonably foreseeable direct losses, damages, and reasonable expenses (including reasonable attorney fees and costs) suffered or incurred by Spotify arising out of or related to: (1) your breach of any of these Terms (including any additional Spotify terms and conditions incorporated herein); (2) any activity in which you engage on or through the Spotify Service and/or Spotify Tickets; and (3) your violation of any law or the rights of a third party.
11.7 Tickets are only provided for domestic or private use. You agree not to purchase T ickets to an Event for any commercial or business purposes**.** We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.8 Governing law and jurisdiction. These Spotify Tickets Terms are governed by and shall be construed in accordance with the laws of the State of California, United States of America, without regard to California's choice or conflicts of law principles. Further, you and Spotify agree to the jurisdiction of the federal and state courts located in Northern California, California, to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms or the Spotify Service that is not subject to mandatory arbitration under the Arbitration Agreement below, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
11.9 MANDATORY ARBITRATION AGREEMENT. This Arbitration Agreement section sets forth the terms and conditions pursuant to which disputes, claims and controversies between you and Spotify will be resolved through arbitration ("Arbitration Agreement").
11.9.1 Dispute resolution and arbitration. 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 Spotify Tickets Terms or to your relationship with Spotify as a user of the Spotify Service and/or Spotify Tickets (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory binding individual (not class) arbitration. You and Spotify further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator must follow these Spotify Tickets Terms and can award the same damages and relief as a court (including attorney fees and costs only where allowable under applicable law), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Spotify Tickets Terms.
11.9.2 Exceptions. You and Spotify both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to bring an individual action (1) in a U.S. small claims court or (2) in a court of law, in accordance with the jurisdiction and venue described in the Dispute Resolution and Arbitration section above, seeking (a) only temporary or preliminary individualized injunctive relief, pending a final ruling from the arbitrator or (b) public injunctive relief, pending a ruling on the substance of such claim from the arbitrator. In addition, this Arbitration Agreement doesn't stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
11.9.3 No class or representative proceedings; class action waiver. 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. 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. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
11.9.4 Arbitration rules. Either you or we may start arbitration proceedings. Any arbitration between you and Spotify will take place under the Consumer Arbitration Rules of the American Arbitration Association ("AAA") then in force (the "AAA Rules"), as modified by this Arbitration Agreement. You and Spotify agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.
11.9.5 Any arbitration hearings will be conducted by phone or videoconference to the extent possible, but if the arbitrator determines that a hearing should be conducted in person, the locale for such hearing shall be determined by the arbitrator in accordance with the AAA Rules.
11.9.6 If you choose to file an arbitration proceeding and you are required to pay a filing fee, Spotify will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. Spotify will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA Rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
11.9.7 Notice; process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by electronic mail to legal@spotify.com and by certified mail, Federal Express, UPS, or Express Mail (signature required) to the address below ("Notice"). Spotify's address for Notice is: Spotify USA Inc., Attn: General Counsel, 4 World Trade Center, 150 Greenwich Street, 62nd Floor, New York, New York 10007, USA. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). 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. 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. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of Spotify's last written settlement offer, then Spotify will instead pay you either the amount of the award or $1,000, whichever is greater. 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 the 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.
11.9.8 Enforcement. If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in the 'Governing law and jurisdiction' section above shall govern with respect to any aspect of any dispute, claim or controversy that, as a result of such invalidation, is no longer governed by this Arbitration Agreement.
12. Assumption of risk.
12.1 By attending an Event, you accept that there are certain risks of injury, harm and/or death, including without limitation objects flying into the spectator area during the Event; special effects (including flashing and/or strobe lighting that may appear suddenly and without notice); acts and/or omissions of third parties including other spectators; and exposure to transmissible diseases including without limitation the novel coronavirus SARS-CoV-2 and any resulting impact on health, including disease ("COVID-19"). You acknowledge that neither Spotify nor any Event Partner or Venue can guarantee that you will not encounter any such risks including being exposed to, or contract, transmissible diseases, including COVID-19. By attending an Event, you voluntarily assume all known, unknown and potential risks of harm, danger and/or death from any cause resulting from, in connection with or incidental to your attendance at an Event, including without limitation contracting COVID-19. You also accept that neither Spotify nor any Event Partner or Venue will be responsible or liable for you suffering loss and/or harm, including death, from such risks whether before, during or after your attendance at an Event and whether or not caused by negligence or fault of Spotify or any third party. You also agree to:
12.1.1 comply with all applicable laws;
12.1.2 follow all then-current health, safety and wellbeing rules as implemented by the Event Partner and/or Venue from time-to-time; and
12.1.3 comply with all official guidance from the relevant competent authority relating to the control of disease transmission and treatment.
13. Changes to these Spotify Tickets Terms.
We may make changes to these Spotify Tickets Terms from time-to-time (if, for example, there is a change in the law that means we need to change these Spotify Tickets Terms) but the Spotify Tickets Terms applicable at the time of your Order will apply to that Order. Please check these Spotify Tickets Terms regularly to ensure that you understand the terms that apply at the time that you access and use the Website and/or purchase Tickets.
14. Assignment.
14.1 We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract. In the event that we transfer our rights and obligations pursuant to this Section 14 and your rights and obligations materially change under the Contract, we will notify you and you will have the right to cancel this Contract, provided you have not already accessed the Event .
14.2 Other than as permitted under these Terms, y ou may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without our prior written consent.
15. Other important information.
15.1 Each of the clauses of these Spotify Tickets Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
15.2 If we fail to insist that you perform any of your obligations under these Spotify Tickets Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16. Contact us.
If you have any questions concerning Spotify Tickets , an Event or these Spotify Tickets Terms, please contact Spotify Customer Service by visiting the About us section of spotify.com.
Thank you for reading these terms. We hope you enjoy the Event!