1. INTRODUCTION
THIS TERMS AND CONDITIONS ARE APPLICABLE WORLDWIDE EXCEPT WHERE MSPIRE PUBLISHES SPECIFIC TERRITORIAL TERMS AND CONDITIONS.
For the purposes of these Terms and Conditions, a (
"User") is defined as any individual who has registered for an account, accessed or used the application, website, or any other Mspire Service provided by Mspire, AB (
"Mspire" or the
"Company"). This includes, but is not limited to, individuals who:
a. Create an Account: Any individual who has completed the registration process by providing personal information such as name, email address, and any other required details to create an Mspire account.
b. Interact with the Mspire Service: Any individual who engages with any features or functionalities of the Mspire Service, such as participating in community discussions, utilizing tools, accessing content, or any other form of interaction facilitated by the Mspire platform.
c. Access Mspire Content: Any individual who views, downloads, uploads, or shares any content provided by Mspire, whether it is user-generated or created by Mspire.
d. Receive communications: Any individual who receives newsletters, notifications, updates, or any other communications from Mspire.
e. Utilize Mspire Service: Any individual who installs and uses any Mspire Service or software on their devices.
By engaging in any of the above activities, the individual is considered a "User" and agrees to abide by these Terms and Conditions, as well as any other policies or guidelines set forth by Mspire. These Terms are a binding agreement between the User and Mspire, AB ("Mspire" or the "Company"), collectively referred to as the "Parties".
Please read these Terms of Use (
"Terms") carefully as they govern the User use of (which includes access to) Mspire's App, software and websites, that incorporate or link to these Terms. Mspire Service enable users to build, interact, manage and share music communities, and other content (collectively, the
"Service") and any other material that is made available through the Service (
"Content").
The use of the Service is subject to the Mspire Privacy Policy and additional terms and conditions presented by Mspire, all of which are made part of these Terms by this reference.
By signing up for, or otherwise using the Service, User agrees to these Terms. If User does not agree to these Terms, then the User must not use the Service or access any Content.
a. Age and eligibility requirements.
To be able to use the Service and access any Content, the User must (1) be 18 years of age (or the equivalent minimum age in the country of origin) or older, (2) have the consent of the User’s parents or legal guardian if the User is under the age of majority in the User’s country of origin; (3) be empowered to enter into a binding contract with Mspire and not be prevented from doing so under applicable law, and (4) reside in a country where the Service is available. The User also warrant that all registration information User submit to Mspire is truthful, accurate, and complete, and User agree to always keep it that way. If the User is under the age of majority in User’s country of origin, User’s parent, guardian, or legal guardian must accept these Terms on User’s behalf. During the registration process, the User may find additional information about minimum age requirements. If User do not meet the minimum age requirements, Mspire cannot register the User as an User.
2. THE SERVICE
a. User's rights to use the Service.
i. Access to the Service.
Subject to User's compliance with these Terms (including any other applicable terms and conditions), Mspire grants to User limited, non-exclusive, revocable permission to make personal, non-commercial use of the Service and the Content (collectively,
"Access"). This Access shall remain in effect unless and until terminated by User or Mspire. User agrees to not redistribute or transfer the Service or the Content.
The Service and the Content are licensed, not sold or transferred to User, and Mspire and its licensors retain ownership of all copies of the Mspire Software and Content even after installation on User's Devices.
b. Third-party applications, devices and open-source Software.
The Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services (
"Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices (
"Devices"). User's use of such ThirdParty Applications and Devices may be subject to additional terms, conditions, and policies provided to User by the applicable third party. Mspire does not guarantee that Third-Party Applications and Devices will be compatible with the Service.
c. Service limitations and modifications.
Mspire uses reasonable efforts to keep the Service operational. However, Mspire reserves the right to change our Service offerings and their availability from time to time, without notice or liability to the User. For example:
i. The Service may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
ii. Mspire aims to evolve and improve the Service constantly, and Mspire may modify, suspend, or stop (permanently or temporarily) providing all or part of the Service (including particular functions, features, subscription plans, and promotional offerings).
iii. Mspire has no obligation to provide any specific content through the Service, and Mspire or the applicable owners may remove features, and other Content without notice.
Mspire has no liability to the User, nor any obligation to provide a refund to the User, in connection with internet or other Mspire Service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.
d. User Use of the Mspire Service.
i. User and Password.
Mspire will require the User to provide a Username and Password to be able to use the Service. It is the User responsibility to assure that the information provide is accurate, correct and complete, User username and password are for the User personal use only and should be kept confidential. The information the User provide will be treated and used according to our Privacy Policy. Mspire may reclaim, or require the User to change, User username for any reason.
Notify our Customer Service team
(support@mspire.com) immediately if the User username or password is lost or stolen, or if the User believe there has been unauthorized access to the User account.
ii. Spotify Premium account.
The User needs to have a Spotify Premium account to use all or part of the Mspire Service. The User username and password are for User personal use only and should be kept confidential. The User understand that User is responsible for all use (including any unauthorized use) of User username and password. Notify our Customer Service team
(support@mspire.com) immediately if te User username or password is lost or stolen, or if the User believe there has been unauthorized access to the User account.
e. Mspire's proprietary rights.
The Service, the Content, the Software and any other related material produced by Mspire are the property of Mspire or Mspire's licensors. All Mspire trademarks, service marks, trade names, logos, domain names, and any other features of the Mspire brand (
"Mspire Brand Features") are the sole property of Mspire or its licensors. These Terms do not grant User any rights to use any Mspire Brand Features whether for commercial or non-commercial use.
User agree to abide by the User Guidelines in Section f below, and not to use the Service, the Content,the Software or any part thereof in any manner not expressly permitted by these Terms.
f. User guidelines.
Mspire has established guidelines for using the Service, to make sure the Service stays enjoyable for everyone (
"User Guidelines"). In using the Service, User must comply with the
User Guidelines, as well as all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.
3. CONTENT AND INTELLECTUAL PROPERTY RIGHTS.
a. User Content.
User may post, upload, or otherwise contribute content to the Service ("User Content"). For the matters of this agreement, "User Content" is defined as all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the Service.
Mspire may update these User Guidelines and the Platform Rules from time to time - User can find the latest version on our website.
Violating the User Guidelines or Platform Rules may result in removal of any content or material User has contributed to the Services and/or termination or suspension of the User account. Mspire tries to make the Services broadly available to everyone, but the User cannot use Mspire Services if Mspire previously terminated the User account on any of our Services. Mspire also prohibit attempts to circumvent prior enforcement actions, including through the creation of new accounts.
The following is not permitted for any reason whatsoever in relation to the Services and the material or content made available through the Services, or any part thereof:
i. reverse-engineering, decompiling, disassembling, modifying, or creating derivative works, except where such restriction is expressly prohibited by applicable law. If applicable law allows User to decompile any part of the Services or Content where required in order to obtain the information necessary to create an independent program that can be operated with the Services or with another program, the information User obtain from such activities (A) may only be used for the foregoing objective, (B) may not be disclosed or communicated without Mspire's prior written consent to any third party to whom it is not necessary to disclose or communicate in order to achieve that objective, and (C) may not be used to create any software or service that is substantially
similar in its expression to any part of the Services or the Content.
ii. copying, reproducing, redistributing, "ripping," recording, transferring, performing, framing, linking to or displaying to the public, broadcasting, or making available to the public, or any other use which is not expressly permitted under the Agreements or applicable law, or which otherwise infringes intellectual property rights.
iii. importing or copying any local files that User does not have the legal right to import or copy in this way.
iv. transferring copies of cached Content from an authorized Device to any other Device via any means.
v. "Crawling" or "scraping", whether manually or by automated means, or otherwise using any automated means (including bots, scrapers, and spiders), to view, access or collect information, or using any part of the Services or Content to train a machine learning or AI model or otherwise ingesting Mspire Content into a machine learning or AI model.
vi. selling, renting, sublicensing, leasing or other monetization except as expressly permitted under the Agreements.
vii. selling a user account or playlist, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist; or
viii. artificially increasing play counts or follow counts, artificially promoting Content, or other manipulation including by (A) using any bot, script or other automated process, (B) providing or accepting any form of compensation (financial or otherwise), or (C) any other means.
ix. circumventing any technology used by Mspire, its licensors, or any third party, including any territorial or other content access restrictions applied by Mspire or its licensors;
x. circumventing or blocking advertisements or creating or distributing tools designed to block advertisements.
xi. removing or altering any copyright, trademark, or other intellectual property notices (including for the purpose of disguising or changing any indications of ownership or source);
xii. deleting or altering any part of the Services or Content except as expressly permitted under the Agreements or, in the case of Content made available by another user, with such user's express consent; or
xiii. providing User password to any other person or using any other person's username and password.
xiv. please respect Mspire, the owners of the material and content on the Services, and other users of the Services. Don't engage in any activity, post any User Content, or register or use a username, which is or includes material that:
xv. is illegal or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, publicity rights, or proprietary rights of Mspire or a third party, or would violate any agreement to which User are a party, such as, by way o example and not limitation, an exclusive recording agreement or publishing agreement.
xvi. includes the User password or purposely includes any other user's password or purposely includes personal data of third parties or is intended to solicit such personal data.
xvii. exposes confidential or proprietary information of a third party or personal information about User that is not intended to be broadcast to people around the world.
xviii. includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user's access to the Mspire Service.
xix. impersonates or misrepresents User affiliation with Mspire (including, for instance, by using Mspire's copyright content, using the Mspire logo without permission, or otherwise using Mspire trademarks in a confusing manner), another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
xx. involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
xxi. unauthorized commercial or sales activities, such as advertising, promotions, contests, sweepstakes, gambling, bookmaking, or pyramid schemes;
xxii. unauthorized linking to, referencing, or otherwise promoting commercial products or services, except as expressly authorized by Mspire;
xxiii. interferes with or in any way disrupts the Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Mspire's computer systems, network, usage rules, or any of Mspire's security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof;
xxiv. conflicts with the Mspire Terms and Conditions of Use or any other terms or policies applicable to User use of any of the Services; or
xxv. has been removed from any of our services for a breach of our terms or policies, such as a prohibited track, episode or show. This includes content being created or repurposed to reconstitute or serve the same objective as previously removed Content.
b. User is solely responsible for all User Content that User post.
User promise that, with respect to any User Content, (1) User owns or have the right to post such User Content; and (2) such User Content, or its use by Mspire pursuant to the license granted below, does not violate these Terms, including the User Guidelines, applicable law, or the intellectual property or other rights of any third party.
In posting or sharing User Content or other information on the Service, please keep in mind that content and other information will be publicly accessible and may be used and re-shared by others on the Service and across the web, so please use caution in posting or sharing on the Service and be mindful of the User account settings. Mspire is not responsible for what User or others post or share on the Service.
User agrees that the User Content or other information that User shares on the Service 1) Are not related to any illegal or unauthorized purpose; 2) Interfere with or may disrupt the operation of the Service; 3) Attempt to gain unauthorized access to any part of the Service or its related systems; 4) Use any automated means to access the Service or collect information from it; 5) Impersonate any person or entity or falsely state or misrepresent User affiliation with a person or entity.
Mspire reserves the right to remove or disable access to any User Content for any or no reason. Mspire may take these actions without prior notification to you.
c. Licenses that User grant to Mspire.
By sharing User Content in the Service, User grant Mspire a limited license to that User Content. Accordingly, User hereby grants to Mspire a non-exclusive, transferable, sublicensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Service. Where applicable and to the extent permitted under applicable law, User also agrees to waive, and not to enforce, any "moral rights" or equivalent rights, such as User right to be identified as the author of any User Content, including Feedback, and User right to object to derogatory treatment of such User Content.
d. User Device.
User also grant to Mspire the right (1) to allow the Service to use the processor, bandwidth, and storage hardware on User Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to User, and (3) to allow our business partners to do the same.
e. Content experience.
In any part of the Service, the Content that User access, including its selection and placement, may be influenced by commercial considerations, including Mspire's agreements with third parties.
Some Content licensed by, provided to, created by, or otherwise made available by Mspire may incorporate advertising or other promotional messages.
f. Infringement claims.
Mspire respects the rights of intellectual property owners. If User believes that any Content infringes User copyright rights, please rase an user claim sending an email to
ccccccc@mspire.com.
4. PROBLEMS AND DISPUTES.
a. Suspending and terminating the Service.
These Terms will continue to apply to User until terminated by either User or Mspire. Mspire may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend User access to the Service at
any time if Mspire believes User have breached any of these Terms, if Mspire stop providing the Service or any material component thereof, or as Mspire believes necessary to comply with applicable law. If User or Mspire terminate these Terms, or if Mspire suspends User access to the Service, User agree that Mspire shall have no liability or responsibility to User. User may terminate these Terms at any time, in which case User may not continue accessing or using the Service. To learn how to terminate User Mspire account, please use the Customer Support resources on Mspire web page.
The Parties agreed that the sections which, by their nature, must remain in effect even after the termination of these Terms, shall do so.
b. Warranty disclaimers.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, MSPIRE AND ALL OWNERS OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER MSPIRE NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICE OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, MSPIRE 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 SERVICE OR ANY HYPERLINKED WEBSITE, AND MSPIRE IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN USER AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY USER FROM MSPIRE SHALL CREATE ANY WARRANTY ON BEHALF OF MSPIRE. WHILE USING THE SERVICE, USER MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND USER SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. 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 User.
c. Limitation of liability and time for filing a claim.
USER AGREE THAT USER SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL ANY MSPIRE SOFTWARE AND TO STOP USING THE SERVICE. USER AGREE THAT MSPIRE HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICE, AND WHILE USER RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, USER SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO MSPIRE, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MSPIRE, 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 SERVICE, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRDPARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER MSPIRE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY USER TO MSPIRE DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM; OR (B)
In no case shall Mspire liability regarding the provision of the products or services, subject to this Agreement, exceed the total amount paid to Mspire by the User under this Agreement.
For clarification, these Terms do not limit Mspire's liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND OR FILING AN INDIVIDUAL ACTION AS SPECIFIED 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.
d. Third-party rights.
User acknowledges and agrees that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against User. Other than as set out in this section, (1) these Terms are not intended to grant rights to anyone except User and Mspire; and (2) in no event shall these Terms create any third-party beneficiary rights.
e. Indemnification.
User agrees to indemnify and hold Mspire harmless from and against all damages, losses, and expenses of any kind (including reasonable attorneys' fees and costs) arising out of or related to: (1) User breach of any of these Terms (including any additional Mspire terms and conditions incorporated herein); (2) any User Content User posts or otherwise contribute; (3) any activity in which User engage on or through the Service; and (4) User violation of any law or the rights of a third party.
f. Governing law and jurisdiction.
These Terms and any dispute, claim, and/or controversy that in any way relates to or arises in connection with these Terms or User relationship with Mspire as a user of the Service (
"Dispute") are governed by and shall be construed in accordance with the laws of Stockholm, Sweden. Further, User and Mspire agree to the exclusive jurisdiction courts located in Stockholm, Sweden, to resolve any Dispute, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
5. ABOUT THESE TERMS.
Under applicable law, User may have certain rights that can't be limited by a contract. These Terms are in no way intended to restrict those rights.
a. Changes.
Mspire may make changes to these Terms (including any additional Mspire terms and conditions incorporated by reference herein) from time to time by notifying User of such changes by any reasonable means, including by posting the revised Terms on the applicable Service (provided that, for material changes, Mspire will seek to supplement such notice by email, an in-service pop-up message, or other prominent notice within the Service, or other means).
b. Entire agreement.
Other than as stated in this section or as explicitly agreed upon in writing between User and Mspire, these Terms constitute all the terms and conditions agreed upon between User and Mspire and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
c. Severability and waiver.
Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Mspire or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive Mspire's or the applicable third-party beneficiary's right to do so.
d. Assignment.
Mspire may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. User will not assign these Terms, in whole or in part, nor transfer or sublicense User rights under these Terms to any third party.
e. Notifications and Addresses.
All notifications, requests, communications, and notices that must be to Mspire shall be made solely and exclusively by either of the following two means: (i) by email or data message addressed to the following email address:
xxxxxx, or (ii) in writing sent by certified mail or courier with acknowledgment of receipt, to the following address: Bygatan 1, Sollentuna, Stockholm, Sweden. In case of conflict or contradiction between the title of any clause and its content or the content of another clause of these Terms and Conditions, the content of the clause shall prevail and be preferred over the title.