Terms

Nightdrive.fm is a site for sharing and finding public Spotify playlists. Registered users can add a playlist by pasting its link, rate it, add context tags describing what it is for, and comment on it. Genres are chosen once, from a fixed list, when a playlist is added; context tags are free text and can be added by anyone with an account.

The site is operated by Martin Karwacki — contact details are on the imprint — as a non-commercial project. It is free to use.

These rules apply to everything the site accepts as input: playlist submissions, comments and replies, context tags, usernames, profile pictures and profile text.

The following are not permitted:

• Hateful content. Content that attacks or demeans people on the basis of ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability or age. This includes such content presented as humour or as opinion.
• Harassment. Repeated unwanted contact, coordinated targeting of a user, or continuing to contact somebody after being asked to stop.
• Threats and violence. Threats of violence against anyone, and content that glorifies or encourages it.
• Other people’s personal information. Addresses, contact details, real names not published by the person themselves, or photographs of people who have not agreed to be posted.
• Sexual content involving minors. This is reported to the competent authorities in addition to being removed.
• Impersonation. Presenting yourself as another user, as the operator, or as any other real person or organisation.
• Spam. Repetitive, automated or promotional posting, and use of the site for link placement.
• Unlawful content, and content that infringes the rights of others, including copyright.

Criticism of a playlist, an artist or a genre is not a breach of these rules. They concern conduct directed at people.

Comments, tags, playlists and profile content that breach these rules may be removed without prior notice. Accounts may be suspended or terminated for serious or repeated breaches.

Breaches can be reported to legal@nightdrive.fm. Objections to a removal or a suspension go to the same address and will be reviewed. There is no formal appeals procedure.

An account requires an email address and nothing else. There is no password: you sign in by clicking a link sent to that address, or with Google or Apple. Access to the email address is therefore access to the account, and keeping it secure is your responsibility.

One account per person. Your username is yours for as long as the account exists; usernames that impersonate somebody, or that breach the rules above, may be reclaimed.

You must be at least 16 years old to open an account.

You can delete your account at any time in settings. What is retained afterwards is set out below and in the privacy policy.

You keep the rights in what you post. Posting does not transfer ownership of it.

You grant the operator a non-exclusive, worldwide, royalty-free licence to store, display and distribute the content you submit — comments and replies, context tags, profile text and pictures, and the playlists you add — for the purpose of operating this site. The licence covers no other purpose: the content is not sold and is not sub-licensed to third parties.

The licence continues after an account is deleted. Comments, ratings, tags and added playlists remain, attributed to a generated username that no longer identifies you. To have the content itself removed as well, write to legal@nightdrive.fm.

Context tags are recorded per person: a playlist page shows each tag and how many people applied it. Withdrawing your own tag reduces that count and does not remove the tag for anyone else.

Post only content you are entitled to post. Comments, tags and profiles are public and are indexed by search engines.

Only playlists that anyone can open may be added. Adding one publishes its name, its artwork and its owner’s name on this site.

No music is hosted here. Playback uses Spotify’s embedded player, is subject to Spotify’s own terms, and requires a Spotify account. Nightdrive.fm is not affiliated with, sponsored by or endorsed by Spotify AB.

Nothing. There is no charge, no advertising and no paid tier. Should paid features be introduced, functionality that is already available will not be moved behind a charge without prior notice, and these terms will be amended before that happens.

The site is provided as it is and as available. It runs on third-party infrastructure and may be unavailable, may lose data, and may be changed or discontinued. If it is to be discontinued permanently, notice will be given in advance, and account data can be downloaded at any time in settings.

Playlist content originates from Spotify. Comments, tags and ratings are contributed by users and are not statements of the operator.

Liability is limited as far as the law allows, and no further. It is not limited — and cannot be — for harm caused intentionally or through gross negligence, for injury to life, body or health, or in any other case where Austrian law prohibits its exclusion.

Subject to that, no liability is accepted for lost data, lost time, or any consequence of the site being unavailable or of content posted by other users.

You can stop using the site at any time and delete your account in settings. Access may be terminated by the operator for a breach of these terms, and the site itself may be discontinued with notice.

Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this does not remove the protections of the country you live in — the mandatory rules there continue to apply, and you may bring proceedings in your own courts.

If a provision of these terms is or becomes unenforceable, the remainder continues to apply.

These terms may be amended. Significant changes will be announced before they take effect, and the date at the top of this page states when the text last changed.

Questions, reports and complaints: legal@nightdrive.fm.