| 220 | 220 | If you have downloaded any of our mobile software applications (each, an "**App**") from the Apple Inc. ("**Apple**") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Spotify only, not with Apple, and Apple is not responsible for the Spotify Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Spotify Service. In the event of any failure of the Spotify Service to conform to any applicable warranty, you may notify Apple and Apple will refund the applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Spotify Service. Apple is not responsible for addressing any claims by you or any third party relating to the Spotify Service or your possession or use of the Spotify Service, including: (1) product liability claims; (2) any claim that the Spotify Service fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Spotify Service or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the Spotify Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. |
| 221 | 221 | |
| 222 | 222 | ### **Indemnification** |
| 223 | 223 | |
| 224 | 224 | You agree to indemnify and hold Spotify 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) your breach of any of these Terms (including any additional Spotify terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Spotify Service; and (4) your violation of any law or the rights of a third party. |
| 225 | 225 | |
| 226 | | ### **Governing law, jurisdiction, and jury trial waiver** |
| 226 | ### **Governing law, jurisdiction, class action waiver, and jury trial waiver** |
| 227 | 227 | |
| 228 | | To the fullest extent permitted by applicable law, these Terms and any dispute, claim, and/or controversy that in any way relates to or arises in connection with these Terms or your relationship with Spotify as a user of the Spotify Service ("**Dispute**") are governed by and shall be construed in accordance with the laws of the state of New York, except to the extent preempted by or inconsistent with federal law. Further, to the fullest extent permitted by applicable law, you and Spotify agree to the exclusive jurisdiction of the federal or state courts located in New York, New York, to resolve any Dispute that is not subject to mandatory arbitration under the Arbitration Agreement below, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. |
| 228 | To the fullest extent permitted by applicable law, these Terms and any dispute, claim, and/or controversy that in any way relates to or arises in connection with these Terms or your relationship with Spotify as a user of the Spotify Service ("**Dispute**") are governed by and shall be construed in accordance with the laws of the state of New York, except to the extent preempted by or inconsistent with federal law. Further, to the fullest extent permitted by applicable law, you and Spotify agree to the exclusive jurisdiction of the federal or state courts located in New York, New York, to resolve any Dispute that is not subject to mandatory arbitration under the Arbitration Agreement below (including, but not limited to, any Dispute involving the applicability and enforceability of the Arbitration Agreement), and waive any jurisdictional, venue, or inconvenient forum objections to such courts. |
| 229 | 229 | |
| 230 | To the fullest extent permitted by applicable law, you and Spotify agree that each party may bring claims (whether in court or in arbitration) against the other only in an individual capacity. Neither party may participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding (whether in court or arbitration). Notwithstanding the foregoing, you or Spotify may participate in a class-wide, collective, or representative settlement of claims. |
| 231 | |
| 230 | 232 | To the fullest extent permitted by applicable law, the parties agree to waive any right to a jury trial. |
| 231 | 233 | |
| 232 | 234 | ### **ARBITRATION AGREEMENT** |
| 233 | 235 | |
| 234 | 236 | This Arbitration Agreement section sets forth the terms and conditions pursuant to which Disputes between you and Spotify will be resolved through individual arbitration ("**Arbitration Agreement**"). |
| 235 | 237 | |
| 236 | 238 | #### **Dispute resolution and arbitration** |
| 237 | 239 | |
| 238 | | Subject to the exceptions set forth in the "Exceptions to arbitration" section below, you and Spotify agree that any Dispute between you and Spotify (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 binding individual (not class) arbitration. The arbitrator has the authority to rule on all issues except that a court has exclusive authority to: (1) decide arbitrability, as well as scope, validity, and enforceability of this Arbitration Agreement; (2) decide whether you and Spotify have complied with the pre-arbitration filing requirements (including the requirements described in the "Pre-arbitration notice of dispute and informal resolution period" section below); (3) enforce the prohibition on class or representative actions; (4) enforce the provisions regarding mass arbitrations; and (5) enjoin an arbitration from proceeding if it does not comply with this Arbitration Agreement. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator can award the same damages and relief as a court (including attorneys' fees and costs where allowable under applicable law), except that (as discussed below) 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 Terms. |
| 240 | Subject to the exceptions set forth in the "Exceptions to arbitration" section below, you and Spotify agree that any Dispute between you and Spotify (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, whether the claims arose before the existence of this or any prior Arbitration Agreement, and whether the claims arise after the termination of these Terms) will be determined by binding individual (not class) arbitration. The arbitrator has the authority to rule on all issues except that a court has exclusive authority to: (1) decide arbitrability, as well as scope, validity, and enforceability of this Arbitration Agreement, including, but not limited to, any Dispute over the applicable version of the Arbitration Agreement; (2) decide whether you and Spotify have complied with the pre-arbitration filing requirements (including the requirements described in the "Pre-arbitration notice of dispute and informal resolution period" section below); (3) enforce the prohibition on class or representative actions; (4) enforce the provisions regarding mass arbitrations; and (5) enjoin an arbitration from proceeding if it does not comply with this Arbitration Agreement. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator can award the same damages and relief as a court (including attorneys' fees and costs where allowable under applicable law), except that (as discussed below) 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 Terms. |
| 239 | 241 | |
| 240 | 242 | #### **Exceptions to arbitration** |
| 241 | 243 | |
| 242 | | You and Spotify both agree that any Dispute relating to any actual or alleged infringement of your or Spotify's intellectual property rights shall be brought in the federal courts of New York, New York, and that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of your or Spotify's rights, at any time, to elect to have an individual action heard in: (1) a U.S. small claims court (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction); or (2) a court of law, in accordance with the jurisdiction and venue described in the "Governing law, jurisdiction, and jury trial waiver" section above, seeking only temporary or preliminary individualized injunctive relief, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement does not 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). Nor does this Arbitration Agreement preclude you or us from entering into or participating in a class-wide, collective, or representative settlement of claims. |
| 244 | You and Spotify both agree that any Dispute relating to any actual or alleged infringement of your or Spotify's intellectual property rights shall be brought in the federal courts of New York, New York, and that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of your or Spotify's rights, at any time, to elect to have an individual action heard in: (1) a U.S. small claims court (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction); or (2) a court of law, in accordance with the jurisdiction and venue described in the "Governing law, jurisdiction, class action waiver, and jury trial waiver" section above, seeking only temporary or preliminary individualized injunctive relief, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement does not 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). Nor does this Arbitration Agreement preclude you or us from entering into or participating in a class-wide, collective, or representative settlement of claims. |
| 243 | 245 | |
| 244 | 246 | #### **No class or representative proceedings and class action waiver** |
| 245 | 247 | |
| 246 | | YOU AND SPOTIFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION OR LITIGATION ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, 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 or request for relief (such as a request for public injunctive relief) and all appeals have been exhausted or the decision is otherwise final, then the parties agree that such a claim or request for relief shall be decided by a court only after all other claims and requests for relief are arbitrated. |
| 248 | YOU AND SPOTIFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION OR LITIGATION ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, 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 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 or request for relief (such as a request for public injunctive relief) and all appeals have been exhausted or the decision is otherwise final, then the parties agree that such a claim or request for relief shall be decided by a court only after all other claims and requests for relief are arbitrated. |
| 247 | 249 | |
| 248 | 250 | #### **Pre-arbitration notice of dispute and informal resolution period** |
| 249 | 251 | |
| 250 | | A party who intends to seek arbitration must first send a written notice of the Dispute ("**Notice**") to the other. Notices to Spotify must be sent by email to tounotice@spotify.com, and Notices to you must be sent to the email address associated with your Spotify account. All Notices must: (1) be personally signed by the party sending the Notice; (2) provide the relevant user's name, email address associated with the user's Spotify account, and Spotify username; (3) provide the claimant's address of residence (and if different, mailing address); (4) describe with specificity the nature and basis of the Dispute; and (5) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. |
| 252 | A party who intends to seek arbitration must first send a written notice of the Dispute ("**Notice**") to the other. Notices to Spotify must be sent by email to [tounotice@spotify.com](mailto:tounotice@spotify.com), and Notices to you must be sent to the email address associated with your Spotify account. All Notices must: (1) be personally signed by the party sending the Notice; (2) provide the relevant user's name, email address associated with the user's Spotify account, and Spotify username; (3) provide the claimant's address of residence (and if different, mailing address); (4) describe with specificity the nature and basis of the Dispute; and (5) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. |
| 251 | 253 | |
| 252 | 254 | After a Notice containing all of the information required above is received, the parties agree to engage in good faith for a period of sixty (60) days in an effort to resolve the Dispute (this time period may be extended by agreement of the parties) ("**Informal Resolution Period**"). The party receiving the Notice may request a telephone or video settlement conference during the Informal Resolution Period in an effort to facilitate resolution of the Dispute ("**Informal Settlement Conference**"). The Informal Settlement Conference, if any, will take place at a mutually agreeable time, which can be after the sixty (60) day Informal Resolution Period if needed to accommodate the parties' schedules. During the Informal Settlement Conference, you and a Spotify representative must both personally participate in a good-faith effort to resolve the Dispute without the need to proceed with arbitration. Any counsel representing the parties also may participate. Personal participation in an Informal Settlement Conference will not be required if both you and Spotify agree in writing. |
| 253 | 255 | |
| 254 | 256 | The Notice, Informal Resolution Period, and Informal Settlement Conference are intended to give the parties a meaningful opportunity to resolve Disputes informally. If any aspect of this "Pre-arbitration notice of dispute and informal resolution period" section has not been met, the parties agree that a court can enjoin the filing or prosecution of an arbitration and, unless prohibited by law, the arbitration administrator shall not accept or administer an arbitration nor demand fees in connection with such an arbitration. Notwithstanding the foregoing, a party retains the right to raise non-compliance with the requirements of this section and seek appropriate relief in arbitration, if neither party wishes to bring the issue to a court. |
| 255 | 257 | |
| 256 | 258 | Any applicable statute of limitations or contractual limitations period will be tolled for any claims and requests for relief set forth in a Notice from the date that either you or Spotify sends the other a fully complete Notice until: (1) thirty (30) days after completion of the Informal Resolution Period, if no Informal Settlement Conference is held; or (2) thirty (30) days after completion of the Informal Settlement Conference if an Informal Settlement Conference is held ("**Tolling Period**"). |
| 257 | 259 | |
| 258 | 260 | Neither you nor Spotify may commence an arbitration proceeding until after the Tolling Period has ended. |
| 259 | 261 | |
| 260 | 262 | ### **Arbitration rules and fees** |
| 261 | 263 | |
| 262 | | Either you or Spotify may start arbitration proceedings. Any arbitration between you and Spotify will be administered by National Arbitration and Mediation ("**NAM**") in accordance with their rules applicable to the nature of the Dispute, including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings ("**NAM 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 Arbitration Agreement (despite the choice of law provision above). The NAM Rules, as well as instructions on how to file a demand for arbitration ("**Demand**") with NAM, appear at [www.namadr.com/resources/rules-fees-forms/](http://www.namadr.com/resources/rules-fees-forms/). The Demand must attach the relevant Notice and be personally signed by the party initiating the arbitration (and their counsel, if represented). |
| 264 | Either you or Spotify may start arbitration proceedings. Any arbitration between you and Spotify will be administered by National Arbitration and Mediation ("**NAM**") in accordance with their rules applicable to the nature of the Dispute, including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings ("**NAM Rules**"), as modified by this Arbitration Agreement. You and Spotify agree that the substantive and procedural provisions of the Federal Arbitration Act (and not state arbitration law) apply and govern the interpretation and enforcement of this Arbitration Agreement (despite the choice of law provision above). The NAM Rules, as well as instructions on how to file a demand for arbitration ("**Demand**") with NAM, appear at [www.namadr.com/resources/rules-fees-forms/](http://www.namadr.com/resources/rules-fees-forms/). The Demand must attach the relevant Notice and be personally signed by the party initiating the arbitration (and their counsel, if represented). The Demand shall also disclose any person or entity that is funding the prosecution of, or has a financial interest in, the arbitration. |
| 263 | 265 | |
| 264 | | If NAM is unavailable, unwilling, or otherwise unable to administer an arbitration in accordance with this Arbitration Agreement, then another administrator that will do so will be selected by agreement of the parties. If the parties cannot agree, then they will jointly petition a court to appoint an administrator that will do so. To start an arbitration, the claimant shall send a copy of the Demand to NAM and the other party. If you initiate arbitration, you shall serve the Demand on Spotify via email at tounotice@spotify.com and to Spotify's registered agent at CT Corporation System, 28 Liberty Street, New York, New York, 10005. If Spotify initiates arbitration, Spotify shall serve the Demand on you at the email address associated with your Spotify account. The claimant must certify in the Demand that the requirements set forth in the "Pre-arbitration notice of dispute and informal resolution period" section above have been met, and must attach a copy of the Notice to the Demand. |
| 266 | If NAM is unavailable, unwilling, or otherwise unable to administer an arbitration in accordance with this Arbitration Agreement, then another administrator that will do so will be selected by agreement of the parties. If the parties cannot agree, then they will jointly petition a court to appoint an administrator that will do so. To start an arbitration, the claimant shall send a copy of the Demand to NAM and the other party. If you initiate arbitration, you shall serve the Demand on Spotify via email at [tounotice@spotify.com](mailto:tounotice@spotify.com) and to Spotify's registered agent at CT Corporation System, 28 Liberty Street, New York, New York, 10005. If Spotify initiates arbitration, Spotify shall serve the Demand on you at the email address associated with your Spotify account. The claimant must certify in the Demand that the requirements set forth in the "Pre-arbitration notice of dispute and informal resolution period" section above have been met, and must attach a copy of the Notice to the Demand. |
| 265 | 267 | |
| 266 | 268 | Each party retains the right to request a hearing in arbitration from the arbitrator. 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 in the county or parish where you reside or at another agreed upon locale. |
| 267 | 269 | |
| 268 | 270 | As in court, any counsel participating in an arbitration certifies that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including a certification that the claim or the relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions available under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law against all appropriate represented parties and counsel. |
| 269 | 271 | |
| 270 | 272 | Spotify will pay all filing, administration, case-management, hearing, and arbitrator fees ("**Arbitration Fees**") if it initiates an arbitration. If you choose to file an arbitration proceeding, the allocation and payment of Arbitration Fees will be governed by the NAM Rules, unless a different allocation is required by court order or for this Arbitration Agreement to be enforced. You and Spotify agree that arbitration should be cost effective for all parties. Either party may engage with the arbitration administrator around fee reductions and deferred payments. |
| 271 | 273 | |
| 272 | | 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 consider rulings in other arbitrations involving different users, but an arbitrator's ruling will not be binding in any proceeding involving different users. The arbitrator may make rulings and resolve any disagreements as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits. An arbitration award that has been satisfied may not be filed or entered in court. |
| 274 | 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 consider rulings in other arbitrations involving different users, but an arbitrator's ruling will not be binding or have preclusive effect in any proceeding involving different users. An arbitration award that has been satisfied may not be filed or entered in court. |
| 273 | 275 | |
| 274 | 276 | ### **Mass arbitration** |
| 275 | 277 | |
| 276 | 278 | If you elect to have your claim addressed as part of a mass arbitration (defined below), you agree to the additional procedures set forth below. |
| 277 | 279 | |
| 278 | 280 | If twenty-five (25) or more claimants submit Notices or attempt to file Demands raising similar claims, are represented by the same or coordinated counsel (regardless of whether the Notices or Demands are submitted simultaneously), and the parties cannot resolve the cases during the Informal Resolution Period, all of the cases must be resolved in arbitration through staged sets of proceedings. You agree to this process even though it may delay the arbitration of your case. |
| 279 | 281 | |
| 280 | | These mass filing procedures are intended to facilitate the efficient and orderly resolution and settlement of mass arbitrations. If any aspect of this "Mass arbitration" section has not been met, the parties agree that a court can enjoin the filing or prosecution of arbitrations inconsistent with this section and, unless prohibited by law, the arbitration administrator shall not accept or administer an arbitration, nor will the administrator demand fees in connection with such arbitrations, until such issues are finally resolved. Similarly, any claimants who dispute whether their claims are part of a mass arbitration or are otherwise subject to the requirements of this section may ask a court to resolve that dispute. Notwithstanding the foregoing, if neither party wishes to bring the issue to a court, both parties retain the right to raise issues regarding compliance with or applicability of the requirements of this section and seek appropriate relief in arbitration, including from a process arbitrator. |
| 282 | These mass filing procedures are intended to facilitate the efficient and orderly resolution and settlement of mass arbitrations. If any aspect of this "Mass arbitration" section has not been met, the parties agree that a court can enjoin the filing or prosecution of arbitrations inconsistent with this section and, unless prohibited by law, the arbitration administrator shall not accept or administer an arbitration, nor will the administrator demand fees in connection with such arbitrations, until such issues are finally resolved. Similarly, any claimants who dispute whether their claims are part of a mass arbitration or are otherwise subject to the requirements of this section may ask a court to resolve that Dispute. Notwithstanding the foregoing, if neither party wishes to bring the issue to a court, both parties retain the right to raise issues regarding compliance with or applicability of the requirements of this section and seek appropriate relief in arbitration, including from a NAM Procedural Arbitrator. |
| 281 | 283 | |
| 282 | 284 | If these mass filing procedures apply to your case, the Tolling Period for your claims will be extended until your case is selected to proceed as part of a staged proceeding, withdrawn, opted out of arbitration (as set forth below), or otherwise resolved. |
| 283 | 285 | |
| 284 | 286 | First Stage: In the first stage, counsel for the parties shall each select twenty-five (25) cases per side (50 cases total) to be filed in arbitration and to proceed individually in accordance with this Arbitration Agreement, with each case assigned to a separate and different arbitrator (unless the parties agree otherwise). In the meantime, any remaining cases shall not be filed or deemed filed in arbitration, nor shall any Arbitration Fees be assessed in connection with those cases unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After the first stage is completed, the parties shall engage in a global, non-binding, and confidential mediation of all remaining cases with a retired federal or state court judge, and Spotify shall pay the mediator's fee. |
| 285 | 287 | |
| 286 | | Second Stage: If the parties are unable to resolve the remaining cases after the mediation, the parties shall repeat the same process except that fifty (50) cases shall be selected per side (100 cases total) to proceed individually in accordance with this Arbitration Agreement, with each case assigned to a separate and different arbitrator (unless the parties agree otherwise). After the second stage is completed, the parties will again engage in a global, non-binding, and confidential mediation of all remaining cases with a retired federal or state court judge, with the mediator's fee paid for by Spotify. |
| 288 | Second Stage: If the parties are unable to resolve the remaining cases after the mediation, the parties shall repeat the same process as in the first stage outlined above. After the second stage is completed, the parties will again engage in a global, non-binding, and confidential mediation of all remaining cases with a retired federal or state court judge, with the mediator's fee paid for by Spotify. |
| 287 | 289 | |
| 288 | 290 | If the parties are unable to resolve any remaining cases after a second global mediation session: |
| 289 | 291 | |
| 290 | | Option One: You may opt out of arbitration and elect to have your case heard in a court of competent jurisdiction consistent with these Terms. You may opt out of arbitration by providing an individual, personally signed notice of your intention to opt out of arbitration to Spotify via email at tounotice@spotify.com within thirty (30) days after the conclusion of the second global mediation session. Counsel for the parties may agree to adjust these deadlines. |
| 292 | Option One: You and Spotify, separately or by agreement, may opt out of arbitration and elect to have your case heard in a court of competent jurisdiction consistent with the remainder of these Terms. You may opt out of arbitration by providing an individual, personally signed notice of your intention to opt out of arbitration to Spotify via email at [tounotice@spotify.com](mailto:tounotice@spotify.com) within thirty (30) days after the conclusion of the second global mediation session. Spotify may opt your case out of arbitration by sending a notice of intent to opt out to your counsel within fourteen (14) days after your 30-day opt-out-period ends. Counsel for the parties may agree to adjust these deadlines. |
| 291 | 293 | |
| 292 | 294 | OR |
| 293 | 295 | |
| 294 | | Option Two: If neither you nor Spotify elects to have your case heard in court consistent with Option One, then you agree that your case will be resolved through continuing staged proceedings as set forth below. Assuming the number of remaining cases exceeds two hundred (200), then two hundred (200) cases shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. The parties shall meet and confer regarding ways to increase the efficiency of the process, including whether to allow more than two hundred (200) cases to be brought at a time. If the number of remaining cases is fewer than two hundred (200), then all of those cases shall be filed and proceed in individual arbitrations. No more than five (5) cases within any set of two hundred (200) cases may be assigned to the same arbitrator to proceed individually, unless the parties agree otherwise in writing. Any remaining cases shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those cases unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. |
| 296 | Option Two: If neither you nor Spotify elects to have your case heard in court consistent with Option One, then you agree that your case will be resolved through continuing staged proceedings as set forth below. Assuming the number of remaining cases exceeds two hundred (200), then two hundred (200) cases shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. The parties shall meet and confer regarding ways to increase the efficiency of the process, including whether to allow more than two hundred (200) cases to be brought at a time. If the number of remaining cases is fewer than two hundred (200), then all of those cases shall be filed and proceed in individual arbitrations. No more than five (5) cases within any set of two hundred (200) cases may be assigned to the same arbitrator to proceed individually, unless the parties agree otherwise in writing. Any remaining cases shall not be filed or deemed filed in arbitration, nor shall any Arbitration Fees be assessed in connection with those cases unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. |
| 295 | 297 | |
| 296 | 298 | Throughout the staged process above, the arbitrators for the cases are encouraged to resolve the cases within one hundred twenty (120) days of appointment or as swiftly as possible thereafter, consistent with fairness to the parties. If any case selected for a staged set of proceedings is withdrawn prior to the arbitrator's award (and without the consent of the other party), another case shall be selected to proceed individually in arbitration consistent with the process set forth above. |
| 297 | 299 | |
| 298 | | A court of competent jurisdiction will have the authority to enforce this "Mass arbitration" section and, if necessary, to enjoin the filing or prosecution of arbitrations or the assessment or collection of Arbitration Fees. This "Mass arbitration" section is intended to be severable from the rest of this Arbitration Agreement. If a court decides that the staging process set forth in this "Mass arbitration" section is not enforceable (and after exhaustion of all appeals), then all cases may be filed in arbitration, but the payment of Arbitration Fees will be assessed as the arbitrations advance and arbitrators are appointed, rather than when the arbitrations are initiated. |
| 300 | A court of competent jurisdiction will have the authority to enforce this "Mass arbitration" section and, if necessary, to enjoin the filing or prosecution of arbitrations or the assessment or collection of Arbitration Fees. This "Mass arbitration" section and each of its requirements are intended to be severable from the rest of this Arbitration Agreement. But if a court of competent jurisdiction decides that the staging process set forth in this "Mass arbitration" section applies to your Dispute and is not enforceable (and after exhaustion of all appeals), then your Dispute will proceed in a court of competent jurisdiction, consistent with the remainder of the Terms, and will not proceed in arbitration. |
| 299 | 301 | |
| 300 | 302 | ### **Enforceability** |
| 301 | 303 | |
| 302 | | If in the process of arbitrating or litigating a Dispute this Arbitration Agreement is invalidated in whole, the parties agree that they may seek to resolve the Dispute in a U.S. small claims court or in the federal or state courts of New York, New York, consistent with the "Governing law, jurisdiction, and jury trial waiver" section above. To the fullest extent permitted by applicable law, each party may bring a Dispute against the other party only in an individual capacity and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. Notwithstanding the foregoing, either party may participate in a class-wide settlement. |
| 304 | If in the process of arbitrating or litigating a Dispute this Arbitration Agreement is invalidated in whole, the parties agree that they may seek to resolve the Dispute in a U.S. small claims court or in the federal or state courts of New York, New York, consistent with the "Governing law, jurisdiction, class action waiver, and jury trial waiver" section above. To the fullest extent permitted by applicable law, each party may bring a Dispute against the other party only in an individual capacity and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. Notwithstanding the foregoing, either party may participate in a class-wide settlement. |
| 303 | 305 | |
| 304 | 306 | ## **7\. About These Terms** |
| 305 | 307 | |
| 306 | 308 | Under applicable law, you may have certain rights that can't be limited by a contract. These Terms are in no way intended to restrict those rights. |
| 307 | 309 | |
| 308 | 310 | ### **Changes** |