SPOTIFY DESTINATION / CONTENT LICENCE AGREEMENT

As Podcast owner I authorize Libsyn to create a Spotify specific destination in my account and to provide to Spotify the destination URL so as to allow the inclusion of my content into the Spotify service. By authorizing the creation of this destination and publishing my content to this destination I am stating the following:

  1. I agree that by Publishing my content to my Spotify Destination I am granting Spotify a non-exclusive license to all of the audio and/or video content published to this destination, including any associated metadata, images or other associated content for use in connection with the Spotify Service.
  2. I agree that I own the copyright to my content which I am publishing to my Spotify Destination and that none of that content infringes on the Intellectual Property rights of any third parties.
  3. I understand that I am providing my content at no cost to Spotify and that Spotify may in its sole discretion decide to use all, or parts of, the metadata provided, as well as to supplement and/or replace such metadata.
  4. I understand that Spotify may digitally transcode, make copies of, split into shorter tracks and otherwise process the content to the extent reasonably necessary to transmit and communicate to the public the content.
  5. I understand that the Spotify service has an advertising supported model and some ads may appear around my content and that I will not have any say or connection to those advertisements nor will it be implied that I in any way endorse those advertisers.
  6. I understand that Spotify may make and store on Spotify's servers such internal copies of my content as are reasonably necessary to enable Spotify to transmit content to the public and that Spotify will determine, at its sole discretion, whether my content will be distributed via the Service, and Spotify shall be entitled to use my content in conjunction with all of the tiers, features and functionalities of the Spotify Service.
  7. I understand that Spotify shall be under no obligation to include and/or distribute my content via their service and that Spotify shall have the right to withdraw my content from their service with no liability whatsoever for any reason at any time.
  8. I understand that the Spotify destination is a beta feature in the libsyn system and libsyn may at any time delete this destination from my account temporarily or permanently at their sole discretion.
  9. I understand that nothing will be deemed to limit or restrict either party from entering into similar agreements with any other person or from offering services similar to the other party's.
  10. I understand that neither party will make any statement (whether oral or in writing) in any press release, external advertising, marketing or promotion materials regarding the other party or its services unless: (a) it has received the express written consent of the other party, which will not be unreasonably withheld; or (b) it is required to do so by law. However, Spotify shall have the right to market, advertise and promote my content via any of Spotify's marketing/advertising channels used from time to time, such as but not limited to television, radio, print and the Internet, in the customary manner employed by Spotify for comparable content.
  11. I agree that if it comes to my attention that any part of my content that has been provided to Spotify is likely to infringe the Intellectual Property Rights of a third party that I will send written notice to Libsyn and/or Spotify. And that Spotify shall cease any further transmission of the affected content as promptly as practicable.
  12. I understand that as long as my Spotify destination is active my content will continue to be re-distributed on the Spotify Service but that if I want all of my content removed from Spotify I must send written notice to Libsyn and/or Spotify.

INTELLECTUAL PROPERTY Rights of Both Parties

  1. Rights of Spotify. As between Podcaster and Spotify, all copyright and other intellectual property rights in and to the Service ("Spotify Intellectual Property") shall be owned exclusively by Spotify. For avoidance of doubt, nothing in this Agreement shall be construed to convey, and Podcaster by virtue of this Agreement shall not acquire, any ownership interest in any Spotify Intellectual Property. Podcaster shall not contest, or assist others in contesting, the validity, enforceability, ownership or title of any Spotify Intellectual Property.
  2. Rights of Podcaster. As between Podcaster and Spotify, all copyright and other intellectual property rights in and to the published Content, images and other metadata content ("Podcaster Intellectual Property") shall be owned exclusively by Podcaster. For avoidance of doubt, nothing in this Agreement shall be construed to convey, and neither Spotify nor any User by virtue of the limited rights granted hereunder shall acquire, any ownership interest in any Podcaster Intellectual Property.

I understand by creating a Spotify specific destination I am agreeing to all of the items and terms and conditions above.