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Terms of service

Pandora

Review these first

Score45.0
Reviewed
Policy typeTerms of service
Concern findings10
Protections1
Source supportStrong

Source provenance

Verified official source
Retrieved
Last checked
PublishedAutomated refresh
Source URLhttps://www.pandora.com/legal

Canonical URL: /legal

What changedMaterial language shifts detected around cancel, arbitration, class action, privacy. 52 new line(s), 43 removed line(s).

Snapshot hash 870b25b13231f58c06e7011ff779927fcd35b1c6aa638fb9b82a9268243187d7

Snapshot of the source text at fetch time, not a live mirror of the policy page.

Plain-English summary

The terms include a mandatory arbitration clause and a class action waiver, meaning you cannot sue the company in court and cannot join class action lawsuits. The company can terminate your account at any time for any reason without liability, and their liability for damages is limited to the amount you paid for services in the preceding twelve months (risk_flags-0003). You waive rights to seek injunctive or compensatory relief for your content (risk_flags-0004), and you must indemnify the company for third-party claims arising from your actions (risk_flags-0005). Additionally, the company disclaims all warranties (risk_flags-0006), and they mandatorily collect your listening activity and behavior data (data_use-0001). They also get broad, perpetual rights to your submitted content (data_use-0002).

95% confidence

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Risks to you

4 findings

These clauses stood out as particularly risky. Pay careful attention to them.

high95% confidence

Limited liability for damages

Pandora's total liability for any losses or damages arising from the agreement or use of services will not exceed the amount you paid for the services in the twelve months before your claim. They are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or lost profits.

Why it matters: Pandora's financial responsibility for any issues is capped at the amount you paid for the services in the last year, and they are not liable for various types of indirect or punitive damages, even if they were aware of the possibility of such damages.

THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL PANDORA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF PANDORA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

Services Terms of Use, paragraph 61 · Citation strength: strong

high95% confidence

You waive rights to injunctive or compensatory relief for your content

Users irrevocably waive any and all rights to seek or obtain injunctive, equitable, or compensatory relief against Pandora for its use or exploitation of "Your Content" as licensed, as well as any claims under "moral rights" or similar theories.

Why it matters: You cannot sue Pandora for an injunction, compensation, or relief related to how they use or exploit your content, including claims under "moral rights."

You hereby irrevocably waive any and all rights to seek or obtain any injunctive or other equitable or compensatory relief against Pandora for its use or exploitation of Your Content as licensed herein, as well as any claims under "moral rights" or similar theories.

Services Terms of Use, paragraph 52 · Citation strength: strong

medium90% confidence

You indemnify the company for third-party claims

You agree to defend, hold harmless, and indemnify Pandora from claims and liabilities arising out of your breach of the agreement, your use or misuse of the services, or your infringement of third-party rights.

Indemnification

Why it matters: You are responsible for defending Pandora and covering their costs, losses, or damages if third parties make claims against them because of your actions, including if you breach the agreement, misuse the services, or infringe on others' rights.

You agree to defend (at our option), hold harmless, and indemnify us from and against all claims and all liabilities, assessments, losses, costs, or damages resulting from or arising out of (a) your alleged or actual breach of this Agreement, including your express representations and warranties; (b) your use or misuse of the Services; and (c) your alleged or actual infringement or violation of the rights of a third party, including without limitation any intellectual property rights, rights of publicity, and rights of privacy.

Services Terms of Use, paragraph 63 · Citation strength: strong

medium95% confidence

Disclaimer of warranties

The services are provided "as is" and "as available" and any use is at your own risk. Pandora disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement.

Disclaimer of warranties

Why it matters: You use the services at your own risk, and Pandora makes no guarantees about their quality, reliability, or suitability for any specific purpose.

THE SERVICES (INCLUDING ANY SOFTWARE AND CONTENT CONTAINED THEREIN) ARE LICENSED AND PROVIDED "AS IS" AND "AS AVAILABLE". ANY USE OF THE SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PANDORA DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Services Terms of Use, paragraph 60 · Citation strength: strong

Data Use

3 findings

This section highlights how your data is used.

medium95% confidence

Mandatory collection of listening activity and behavior data

Pandora tracks your listening activity and interactions with the services for various reasons, including understanding preferences, compensating artists, advertising, and improving services. You cannot opt out of this collection and use, as it is deemed essential for the service's function.

Why it matters: Your listening activity and behavior are continuously tracked by Pandora, and you cannot prevent this data collection, as it's considered necessary for the service to function.

We do this for a variety of reasons, such as to gain an understanding of the types of music, content, or features you and/or other similar listeners tend to like or dislike, for compensating artists and other rightsholders for use of their content, for advertising purposes, and to improve the Services generally, which includes enhancing our music selection algorithms to make recommendations that we think you will enjoy based on your listening history. As this data is essential to the function of the Services, you may not opt out of our collection and use of such data or information.

Services Terms of Use, paragraph 38 · Citation strength: strong

medium95% confidence

User-submitted content grants broad, perpetual license to company

When you upload content, you grant Pandora a non-exclusive, transferable, sublicensable, perpetual, irrevocable, fully paid up, royalty-free, worldwide right and license to use, archive, stream, copy, distribute, perform, create derivative works of, transmit, and exploit Your Content. This includes using your content to endorse Pandora or third-party products and services.

Broad content license

Why it matters: Pandora gains extensive, lasting rights to use your uploaded content globally, including for commercial purposes like advertising, without owing you any payment or further obligation.

if you elect to upload or provide written, photographic, or other audiovisual content to Pandora in connection with your use of the Services, or by tagging Pandora or commenting on Pandora’s social media posts, or participation in a Pandora-sponsored campaign ("Your Content"), you hereby grant Pandora a non-exclusive, transferrable, sublicensable, perpetual, irrevocable, fully paid up, royalty-free, worldwide right and license (but not the obligation) to use, archive, stream, copy, distribute, publicly perform, create derivative works of, transmit, and otherwise exploit, in whole or in part, Your Content, in any manner or medium now known or hereafter devised.

Services Terms of Use, paragraph 51 · Citation strength: strong

low95% confidence

No obligation to retain user-stored data

While Pandora may allow you to store data and preferences, they are not obligated to retain this information and will not be liable for its deletion.

Why it matters: The company is not responsible for keeping any data, preferences, or content you store, and they will not be liable if this information is deleted.

When using the Services, we may permit you to store data, preferences set by you, content or other information for your convenience, but we are under no obligation to retain any such data, preferences, content or other information that you may have stored and will not be liable for the deletion of any such information.

Services Terms of Use, paragraph 43 · Citation strength: strong

Cancellation and Renewal

1 finding

This section explains how cancellation and renewal work.

medium95% confidence

Fees are non-refundable

Unless otherwise stated, all fees and charges for paid components of the Services are due and payable in advance and are non-refundable.

Why it matters: If you pay for any part of the service, those fees are generally non-refundable, meaning you might not get your money back if you cancel or stop using the service.

Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable, and are exclusive of any applicable federal, state, or local taxes.

Services Terms of Use, paragraph 45 · Citation strength: strong

Gotchas

2 findings

These clauses contain conditions that may be unfavorable to you.

medium95% confidence

Company can modify terms at any time; continued use means acceptance

Pandora may modify the agreement from time to time. Material changes will be notified by email or a message on the services, becoming effective thirty days after notice (or immediately for new features or legal reasons). Your continued use after notice constitutes acceptance.

Unilateral amendment

Why it matters: The company can change the terms of service at any time. If you continue to use the services after they notify you of changes, you automatically agree to the new terms.

We may modify this Agreement from time to time. If in our opinion we make material changes to this Agreement, we will notify you by email or through a message posted on the Services. You agree that such material changes will be effective thirty (30) days after our notice to you, except for changes that relate to new features or for legal reasons, which will become effective immediately. Your continued use of the Services after our provision of notice to you will constitute your affirmative acceptance to the modified Agreement. If you do not agree to, or cannot comply with, this Agreement, as amended, you must stop using the Services.

Services Terms of Use, paragraph 14 · Citation strength: strong

medium95% confidence

Company can assign rights/obligations without consent; you cannot

Pandora may assign this agreement or delegate any of its rights or obligations to any third party, including a successor in interest, without your written consent. You, however, may not assign the agreement in whole or in part.

Why it matters: Pandora can transfer its rights and duties under this agreement to another company without your permission, but you are not allowed to transfer your agreement.

Pandora may assign this Agreement or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor in interest, without requiring your written consent. You may not assign this Agreement in whole or in part, for any reason.

Services Terms of Use, paragraph 69 · Citation strength: strong

Protections for you

1 finding

These clauses help protect you.

Protection95% confidence

Parental consent required for users under 18

Users under 18 years of age must have parental consent to use the services, and the services are not intended for users under the Minimum Age (which can be 13 with parental consent).

Why it helps: This helps protect minors by requiring parental consent for their use of the services, ensuring that parents are aware and approve.

In order to accept this Agreement and to use the Services, you must be a resident of an Authorized Jurisdiction (as defined below) and be at least 18 years of age, or if you have parental consent and reside in an Authorized Jurisdiction where the minimum age with parental consent is 13, you must be at least 13 years of age ("Minimum Age"). The Services are not intended for users under the Minimum Age.

Services Terms of Use, paragraph 6 · Citation strength: strong

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