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1## Terms of Use
1## Terms of Service
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3## Terms of Use of the Deezer Free Service
3Find here our Terms of Service for Deezer Elite applicable before the 01/09/2017: [click here](https://e-cdn-files.dzcdn.net/pdfs/legal/cgu_elite_gb.pdf).
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5### Article 1 - General remarks
5Last Updated: December 7, 2017
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7Welcome to the Terms of Use of the Deezer Free Service which includes the website accessible at http://www.deezer.com (hereinafter the "Site"), and its desktop, tablet and mobile applications (hereinafter the "Application").
7## Terms of Service for Deezer Premium+, Deezer Family Service, the Student Offer and the Deezer Duo Service
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9The Site and Application are created, developed and operated by Deezer S.A. (hereinafter "DEEZER") a French corporation registered under number 898 969 852, with principal offices located at 24 rue de Calais 75009 Paris - FRANCE.
9### Article 1 - General
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11To access and use the Deezer Free Service, the user must (i) be at least 16 years old (ii) register and create a personal account and (iii) accept without any reserve, at the time of registration, the hereby conditions of use (including the Privacy Policy) (hereinafter the "Terms").
11These Terms of Service (the "Terms of Service") describe the terms pursuant to which DEEZER S.A. a French corporation registered under number 898 969 852, with principal offices located 24 rue de Calais 75009 Paris (hereinafter "DEEZER") offers you access to the DEEZER website located at [www.deezer.com](http://www.deezer.com/) (hereinafter "Site"), the Deezer mobile application (hereinafter the "Application") and the associated services offered by DEEZER. These Terms of Service apply when you access, visit or use the Site and the Application.
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13The use of the Site and Application is only authorized for a personal and private use, therefore any other use, notably in public premises and businesses, is strictly forbidden.
13DEEZER offers through the Site and the Application an unlimited service of on-demand music with a temporary download functionality through a paid subscription (hereinafter altogether "the Premium+ Service").
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15### Article 2 - Deezer Free Service presentation
15The purpose of these Terms of Service is to define the contractual and commercial relationship between DEEZER, on one hand, and you, as a subscriber to the Premium+ Service (hereinafter the "Subscriber"), on the other hand.
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17The Deezer Free Service is an advertising funded service offering free of charge on-demand streaming of sound recordings and other musical and cultural content (such as podcasts, radios and in certain territories audiobooks) (hereinafter the "Recordings") with no download or tethered download functionalities, with audio and display advertising, on any device (whether non-portable or portable) on an unlimited basis (the "Deezer Free Service") to each registered user (hereinafter the "Deezer Free User").
17**You accept these Terms of Service and agree to be bound by these Terms of Service when you access or visit the Site or the Application, use the Premium+ Service or create a DEEZER account. Please read these Terms of Service carefully because they govern your access to and use of the Premium+ Service and set forth legally binding terms applicable to your use of the Premium+ Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU SHOULD NOT ACCESS OR USE THE PREMIUM+ SERVICE.**
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19The Deezer Free Service includes personalized music, playlists and other content recommendations.
19The use of the Site, the Applicationand the Premium+ Service is only authorized for personal and private use, therefore any other use, including any use of the Site, the Application or the Premium+ Service for a commercial purpose or any use of the Site, the Application or the Premium+ Service in a public place or business, is strictly forbidden.
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21Streaming is possible track by track, by creating playlists, or via radios.
21### Article 2 - Description of the Premium+ Service
2222
23### Article 3 - Access and use of the Deezer Free Service
23The Premium+ Service is a service offered and operated by DEEZER that enables Subscribers to access the Site from a personal computer or the Application from a portable device and to listen to an unlimited amount of music in high quality audio without any advertisements.
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25The use of the Deezer Free Service requires a high-speed Internet connection for personal computers and an Internet service for portable devices. These connections are not provided by DEEZER, therefore the Deezer Free User must first subscribe to a high-speed Internet and/or an Internet for mobile offer in order to use the Deezer Free Service.
25The main characteristics of the Premium+ Service are the following:
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27A connection to Internet for mobile through a third generation or fourth generation (3G or 4G) mobile technology norm is highly recommended.
27\- Unlimited access, on up to three authorized devices (personal computers or mobile devices) for the purpose of temporarily downloading the Recordings, in order to then listen to them when offline;
28\- No advertisements; and
29\- A high sound quality.
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29The music catalog available, as part of the Deezer Free Service, is linked to the agreements in effect with the right holders and may therefore change. DEEZER cannot guarantee the availability of any determined track or album or any artist or group in the Deezer Free Service catalog.
31As a Subscriber, you may access the Premium+ Service until the end of your subscription, as indicated on the subscription page of the Site or the Application at the time of such subscription.
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31Moreover, DEEZER cannot guarantee that any determined track, album, artist or group in the Deezer Free Service catalog will be indefinitely available. DEEZER can never be held liable for the removal of parts of the catalog content made available.
33DEEZER may offer the Premium+ Service for limited time periods at retail prices established from time to time by DEEZER in the subscription page on the Site or the Application (hereinafter the "Special Offers"). DEEZER reserves the right, in its discretion, to determine Subscribers' eligibility for the Special Offers and to withdraw or to modify a Special Offer, in DEEZER's sole discretion.
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33As a Deezer Free User, you can activate the Deezer Free Service on a personal computer (PC or Mac) and a compatible portable device. The Deezer Free Service is only accessible from one connection at a time (registered personal computer or compatible portable device). DEEZER has the technical means to verify the absence of multiple simultaneous connections on the same account and therefore detect multiple connections attempt.
35Once your subscription is expired or terminated, you have no right to access or use the Premium+ Service.
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35### Article 4 - Availability and modification of the Deezer Free Service
37The Premium+ Service is accessible from a personal computer operating the Microsoft Windows, Google Chrome OS or Apple OSX operating systems by connecting to the Site or from a portable device operating the Apple iOS or Google Android operating systems through the Application. The Application is available for download through the Apple iTunes and Google Android app stores.
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37The Deezer Free Service can be accessed 24 hours a day and seven days a week, within the limit of the Terms and in particular the terms of article 7 hereunder.
39The Premium+ Service is also accessible without an internet connection, by clicking on the "Offline Mode" button of the Site or the Application. Subscribers must use the Google Chrome browser to be able to use the Offline Mode on a personal computer. By using the Offline Mode, you will only be able access the tracks, albums and playlists that you have previously temporarily downloaded, from the Site or the Application, on that particular computer or portable device.
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39However, DEEZER has the right to bring any modification and amelioration to the Deezer Free Service as it deems necessary. DEEZER nevertheless guarantees that it will not affect the quality or modify substantially the functionalities of the Deezer Free Service.
41The temporary downloading of tracks, albums or playlists is possible through the Offline Mode button which appears on the pages of the Site or of the Application. You can then listen to the downloaded Recordings without an Internet connection or mobile network connection during the entire duration of the Subscription; however you will not be able to transfer the Recordings to any other computer, portable device or other physical storage medium.
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41In addition, DEEZER has the right, without prior notice or compensation, to temporarily remove access to the Deezer Free Service if necessary in order to ensure the maintenance or continuity of the Deezer Free Service. DEEZER also has the right, without compensation, to definitely shut down the Service. Any final shutdown of the Deezer Free Service will be notified via the Site or via the Application.
43### Article 3 - Use of the Premium+ Service
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43### Article 5 - Terms of access to the Deezer Free Service
45Your access to the Site or the Application and the use of the Premium+ Service requires a high-speed internet connection. For Subscribers accessing the Premium+ Service via the Application on a mobile device, DEEZER recommends the use of at least a third generation (3G) mobile network connection.
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45The Deezer Free User declares being capable to accept the hereby Terms, which means that he/she has the legal required age and he/she is not under a legal protection measure (such as legal guardianship).
47### 3.1. License
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47### Article 6 - Deezer Free Users liability
49As a Subscriber, DEEZER grants you a limited, non-exclusive, non-transferable and revocable license to access and use the Premium+ Service for the duration of your subscription to the Premium+ Service, unless terminated by DEEZER or you in accordance with the terms and conditions of these Terms of Service.
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49i) Each Deezer Free User can post messages, information and/or comments on the Site and the desktop application. The Deezer Free User is liable for any messages, content or information published by himself on the Site or desktop application; DEEZER is only considered as an Internet service-hosting provider and cannot be held liable for the content published by the Deezer Free User on the Site or desktop application, and upon which DEEZER has no control or supervision.
51### 3.2 Access
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51The Deezer Free User expressly agrees, in order to avoid being held liable, that he/she will ensure that the messages published by him/her on the Site or desktop application do not, notably but not limited to:
53Prior to the use of the Premium+ Service, you must subscribe to the Premium+ Service on the Site or the Application.
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53\- Constitute a violation of third-party intellectual property rights; therefore the member agrees not to publish, on the Site or desktop application, content protected under copyright law, a registered trademark or more generally any content protected by any other intellectual property rights held by third parties without the prior consent of the owner or owners of the said rights;
55In order to subscribe to the Premium+ Service, you must:
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55\- Contain any computer virus which can interrupt, destroy or affect the Site's or desktop application's functionalities;
57\- Create an account on the Site or download and create an account on the Application or, if the user is already registered, log on the Site or on the Application;
58\- Provide the information requested on the subscription form;
59\- Consent to these Terms of Service;
60\- Pay the subscription price for the Premium+ Service through one of the payment systems offered;
61\- Confirm your subscription.
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57\- Glorify crimes or contain illegal or threatening messages or of a pedophile, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic, revisionist nature or against public orders and good manners;
63As a Subscriber, you hereby agree to provide true, accurate and complete information in connection with your registration on the Site, the Application and the Premium+ Service.
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59\- Infringe a right to privacy or violate the dignity of third parties;
65Once your registration has been validated, DEEZER will send to you a confirmation email at the email address you provided at the time of registration. Your subscription to the Premium+ Service will only become effective when DEEZER sends the confirmation email mentioned above. DEEZER recommends that you save and/or print the confirmation email.
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61\- Encourage violence, fanaticism, crime, suicide, hate linked to religion, race, sex, sexual preferences, ethnicity;
67You can modify your account information, including the password associated with your DEEZER account at any time by clicking on the section "My information" of your account.
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63\- Harass other Users;
69You hereby agree to inform DEEZER, without delay, of any modification to the information you provided at the time of the Premium+ Service subscription and notably any modification of the email address or bank details you provided in connection with your subscription.
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65\- Promote or encourage any criminal activity or enterprise;
71You must immediately inform DEEZER if you lose your account credentials (i.e. account name and password) or if you become aware of any unauthorized use of your account. Your password and identification details are personal and you hereby agree not to disclose such information to any third parties. You hereby agree to be solely responsible for the safekeeping of your account credentials.
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67\- Request and/or communicate passwords and/or personal information for commercial or illegal purpose;
73As a Subscriber, you may activate the Premium+ Service on a personal computer operating the Microsoft Windows, Google Chrome OS or Apple OSX operating systems or a portable device operating the Apple iOS or Google Android operating systems registered with the Premium+ Service. The Premium+ Service is only accessible from one connection at a time (personal computer or compatible portable device registered). If DEEZER determines that you are simultaneously accessing the Premium+ Service from multiple devices or computers, DEEZER may terminate your subscription and/or your access to the Site, the Application and the Premium+ Service.
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69\- Transmit emails chains, unsolicited massive emails, instant messages, advertising messages and spam messages;
75### 3.3 Price
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71\- Contain advertisement and/or solicitation in order to offer products and/or services to sell through the Site;
77The subscription price of the Premium+ Service is indicated on the Site or on the Application and includes all applicable sales taxes, if any.
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73\- Contain addresses or Internet links transferring to external website which content violates any applicable law and/or regulation, infringes the rights of third parties or violates the Terms.
79DEEZER has the right to modify the subscription price from time to time. DEEZER will inform you of any price increase fifteen (15) calendar days before it becomes effective by sending you an email to the email address you have provided. In such case, if you are not willing to accept the price increase proposed by DEEZER, you may terminate your subscription via the termination section of the Site. As described in Article 6.3 below, this termination will become effective at the end of the then-current subscription term. If you do not terminate your subscription to the Premium+ Service, you will be charged the new price beginning after the fifteen (15) day notice period.
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75ii) The Deezer Free User agrees not to use any automatic system such as scripts in the purpose of adding Users to his/her User account and/or send comments or messages.
81Any increase of the applicable sales tax will be automatically and immediately impacted on the Premium+ Service price. It will be the same in case of the creation of a new tax that will be based on the price of the Premium+ Service and applicable to DEEZER. The conditions for termination applicable in case of modification of the Premium+ Service price mentioned above, will apply in the same conditions in case of a modification resulting from the increase or creation of new taxes.
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77iii) The Deezer Free User is the sole responsible for the safekeeping and the privacy of his/her password and agrees not to communicate, at any time, his/her password to any other user nor use the account, name or password of any other user.
83Different payment methods are accepted on the Site and the Application, including, Visa or MasterCard credit cards and PayPal).
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79iv) The Deezer Free User certifies the accuracy of the information given to DEEZER for his/her registration and agrees to notify any modification.
85It is underlined that when a Subscriber communicates to DEEZER his bank details, they are not kept by DEEZER.
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81v) The Deezer Free User recognizes that DEEZER has the right, in case his/her use of the Site or Application would violate the Terms and more broadly the right of third parties, laws and regulation in effect, to proceed immediately and without any notice to his/her suspension or dismissal from the Deezer Free Service and/or block his/her access to the Deezer Free Service.
87The subscription price is paid in advance on a monthly basis. By agreeing to the subscription, you authorize DEEZER to charge you for the subscription fees on a monthly basis. When transferring Subscribers' data and payment information to its third party payment service providers, DEEZER uses reasonable security measures, such as encryption, to protect such information from unauthorized use or disclosure. Additionally, DEEZER's third party payment providers strive to adhere to PCI/DSS standards of transactions security.
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83vi) DEEZER has the right, in case the Deezer Free User would violate the legislation or infringe any third-parties rights, to provide upon request of any legitimate authority (courts, administrative authorities, and police forces), any information enabling or facilitating the identification of the offender.
89### Article 4 - Availability and modification of the Premium+ Service
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85### Article 7 - Disclaimer of warranties
91DEEZER uses reasonable efforts to make the Premium+ Service accessible 24 hours a day and 7 days a week; however, DEEZER reserves the right, without prior notice or compensation, to temporarily remove access to the Premium+ Service, as deemed necessary by DEEZER, including to perform maintenance of the Site, the Application or the Premium+ Service.
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87The Deezer Free User declares being informed of the confines and limitations of the Internet network.
93DEEZER will use reasonable efforts to provide you with at least twenty four (24) hours' notice prior to any Premium+ Service interruptions.
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89As a result, DEEZER disclaims liability for any dysfunction in the Deezer Free Service's access, the opening and consultation speed of the Site and/or Application's pages, the listening speed of the tracks, the temporary or definitive inaccessibility of the Deezer Free Service, and the fraudulent use by third parties of the information provided on the Site or the Application.
95If DEEZER elects, in its discretion, to discontinue access to the Site, the Application or the Premium+ Service, DEEZER will notify you via the Site or the Application and you will not be charged any additional subscription fees after the date your access to Site, the Application or the Premium+ Service has been terminated.
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91Therefore, it is the Deezer Free User's duty to protect his/her equipment notably against any form of intrusion and/or virus contamination and for which DEEZER can never be held liable. DEEZER can never be held liable of any dysfunction or damage caused to the Deezer Free User's equipment.
97### Article 5 - Terms of Access to the Site and the Premium+ Service
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93More broadly, DEEZER disclaims any liability if a breach of any of its obligations results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning and more broadly any unstoppable and unforeseen event which prevent the good execution of the orders.
99In order to access the Site, the Application or the Premium+ Service, you must be located in the United States of America and be at least 13 years of age.
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95DEEZER disclaims liability in case the Deezer Free Service would turn out to be incompatible with certain equipment and/or functionalities of the equipment of the Deezer Free User.
101If you are not at least 13 years of age, you shall not attempt to access the Site or the Application and use the Premium+ Service.
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97Finally, the Deezer Free User is solely liable of his/her use of the Deezer Free Service and cannot hold DEEZER liable for any claim and/or procedure made against him/her in that respect. The Deezer Free User shall take in charge every claim, complaint or objection and more broadly any proceedings filed against DEEZER by a third party in relation to the Deezer Free User's use of the Deezer Free Service.
103If you are between 13 and 17 years of age, you must have your parents' or guardians' consent to register for the Site or the Application and/or subscribe to the Premium+ Service.
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99### Article 8 - Intellectual property
105### Article 6 - Term and termination
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101The general structure of the Site, the Application, the Deezer Free Service and all elements composing it (such as but not limited to the logos, domain names, tracks or videos, and there associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the tracks or videos but also the visuals on the packaging) are the exclusive property of DEEZER and/or its licensors (notably the records and videos producers, the record companies, authors society).
107### 6.1 Term and Renewal
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103These elements are protected by intellectual property laws and others, and notably copyright. You can only use these elements for the purpose of using the Deezer Free Service, in compliance with the Terms.
109If you are a Subscriber, the initial term of your subscription to the Premium+ Service will be one (1) month. Thereafter, your subscription to the Premium+ Service will be automatically renewed for subsequent one (1) month periods unless you have provided prior notice to DEEZER of your wish to discontinue your Premium+ Service subscription. If you cancel your Premium+ Service subscription, the cancellation will become effective on the last day of the billing cycle during which we received your cancellation request. If your subscription is set to automatically renew, you hereby authorize DEEZER to charge you for the then-current Premium+ Service subscription fees for each month of your subscription term.
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105Any total or partial representation of the Site, the Application, the Deezer Free Service and/or the elements composing them (as described above) by any means without the express consent of DEEZER is therefore forbidden and would be considered as infringement of the law.
111Instructions on how to cancel your Premium+ Service subscription are set forth in Article 6.3 below.
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107Any hyperlink to the Site and using the "framing" technique (programming technique offering the possibility to divide browser windows into different independent frames in order to display the content of an external website) or the "in-line linking" technique (programming to make disappear into a webpage one element extracted from another site, which saves stock space on the hard drive where the Site is hosted and enables to hide from an uninformed user the initial content of which the element is part) is strictly prohibited. Any artificial use of a Deezer account (such use for instance aiming at artificially or abnormally increase the plays of certain specific music tracks), via automated processes such as robots and scripts or via any other means, is strictly prohibited.
113**Trial Periods**
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109The Recordings on the Deezer Free Service are protected digital files by national and international copyright and neighboring rights. They may only therefore be listened to within a private or family setting. Any use for a non-private purpose will expose the Deezer Free User to civil and/or criminal proceedings. Any other use of the Recordings is strictly forbidden and more particularly any download or attempt to download, any transfer or attempt to transfer permanently or temporarily on the hard drive of a computer or any other device (notably music players), any burn or attempt to burn a CD or any other support are expressly forbidden. Any resale, exchange or renting of these files is strictly prohibited.
115DEEZER may also make available on the Site or the Application access to the Premium+ Service for trial periods of varying duration ("Trial Periods"). Unless otherwise indicated, your use of the Premium+ Service during any Trial Periods will be subject to these Terms of Service and will be limited to one Trial Period per person. Unless otherwise indicated on the Site or Application, following the Trial Period, we will automatically convert your Trial Period subscription into a paid subscription for the Premium+ Service unless you cancel your subscription prior to the expiration of the Trial Period. You hereby authorize DEEZER to charge you for the then-current subscription fees for the Premium+ Service for each month following the expiration of your Trial Period and continuing through the month in which you cancel your subscription term as described in Article 6.3.
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111The Deezer Free User recognizes that the Recordings made available to him/her within the Site and Application are protected by technical protection measures set up by DEEZER in order to prevent or limit, depending on the technology offered, the unauthorized use of the Recordings.
117### 6.2. No Refund
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113The Deezer Free User agrees not to bypass, by any means, these technical protection measures, for the purpose of downloading these files and enable their storing within the storage unit of his/her reception terminal whatever it is (computer, mobile phone, music player and other portable music disc player, etc.).
119The Premium+ Service subscription fees are paid in advance. You hereby agree and acknowledge that once you have authorized DEEZER to charge you for the Premium+ Service subscription fees, you will not be entitled to receive a refund for such payment amounts. If you wish to cancel your account or discontinue your subscription to the Premium+ Service, you can contact us as set forth in Article 6.3 below.
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115### Article 9 - Suspension and/or termination initiated by DEEZER or by a Deezer Free User
121### 6.3 Termination
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117Without prejudice of any damages that DEEZER may seek, DEEZER has the right to suspend access to the Deezer Free Service of a Deezer Free User and/or terminate, without notice or compensation, his/her subscription to the Deezer Free Service in case:
123#### 6.3.1. Subscription Termination Initiated by a Subscriber
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119\- The Deezer Free User does not respect the Terms and notably:
125If you wish to terminate your Premium+ Service subscription (or if you wish to not be enrolled in the Premium+ Service subscription following a Trial Period), you can do so by (1) accessing the "Cancel my subscription" section of the Site or (2) emailing us [here](http://support.deezer.com/hc/en-gb/requests/new). Termination of your Premium+ Service subscription will become effective at the end of the current monthly subscription period, provided that you have provided notice of your intent to terminate at least forty-eight hours (48h) prior to the end of the current subscription period. If you fail to notify DEEZER forty-eight hours (48h) prior to the end of the current subscription period, we reserve the right to charge you Premium+ Service subscription fees for the following month.
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121o Infringes DEEZER or its licensors' intellectual property rights;
127If your subscription was made via a partner website (such as iTunes), you must first check the conditions from the "My account" section on the Site, then follow the instructions to terminate the subscription. You should be aware that conditions (how to terminate, within what time frame, etc.) may vary from one platform to another.
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123o Bypasses or attempts to bypass the technical measures of protection set up by DEEZER;
129#### 6.3.2. Termination initiated by DEEZER
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125o Uses multiple simultaneous connections with the same account or attempts to do so;
131DEEZER may suspend, terminate or modify your access to the Site, the Application or Premium+ Service if DEEZER believes that you are failing to comply with these Terms of Service or for any actual or suspected illegal or improper use of the Site, the Application or the Premium+ Service, with or without notice to you.
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127o Provides false information at the time of his/her subscription to the Deezer Free Service.
133Without limiting the foregoing, DEEZER may, without notice or compensation to you, terminate your access to the Site, the Application or the Premium+ Service (including your Premium+ Service subscription) if it believes you have violated these Terms of Service, including, without limitation, if you have done or attempted to do any of the following:
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129\- Activities prejudicial to DEEZER's commercial interests.
135- Infringe, misappropriate or violate the intellectual property rights of DEEZER, its licensors or any third party;
136- Bypass or attempt to bypass any technical or security measures on the Site or Application;
137- Use, or attempt to use, multiple simultaneous connections to the same account;
138- Provide false information to DEEZER in connection with your subscription or account registration;
139- Use, or attempt to use the Site, the Application or the Premium+ Service in connection with any (i) any commercial purpose, (ii) any business or public premises or (iii) any other non-personal or non-private use.
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131The Deezer Free Users can delete their account at any time from the Site through "My account".
141### Article 7 - User Content and Other User Restrictions
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133### Article 10 - Modifications of the Terms
143You are solely liable for any messages, communications, content, images, material, data or information that you publish or provide on the Site, the Application or through the Premium+ Service ("Subscriber Content").
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135DEEZER has the right to modify in its sole discretion the Terms. DEEZER will inform the Deezer Free User, through an email at the email address given on the Deezer Free User's account, of any modification of the Terms at least 1 (one) month prior to their entry into force. In case the Deezer Free User would not accept these modifications, he/she will be free to delete his/her account on the Site as mentioned in article 9 above. Unless the Deezer Free User deletes his/her account, the updated Terms shall apply starting from one (1) month upon receipt of notice of modification of the Terms.
145By transmitting or submitting any Subscriber Content while using the Site, the Application or the Premium+ Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the Subscriber Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by DEEZER in accordance with its Privacy Policy.
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137### Article 11 - Customer Service department
147You further affirm, represent and warrant that your Subscriber Content (a) does not contain content or material that is threatening, pornographic, defamatory, obscene, hateful, racist, anti-semitic, or xenophobic, (b) is not intended to harass any third party, (c) does not contain advertisement and/or solicitation for any third party, products and/or services and (d) does not contain any unsolicited or spam messages.
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139As part of his/her access and use of the Deezer Free Service, DEEZER provides to the Deezer Free User a community, accessible through the website deezercommunity.com (the "Community") where the Deezer Free User will, notably, be able to find information regarding the Deezer Free Service and interact with other Deezer Free Users.
149You own your Subscriber Content. You hereby grant DEEZER a perpetual and irrevocable worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your Subscriber Content as well as all modified and derivative works thereof in connection with our provision of the Premium+ Service, including marketing and promotions thereof.
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141On the Community, the Deezer Free User will be able, notably, to:
151You agree not to:
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143\- consult and participate to a forum through posts, reactions and comments;
153- use any automatic system, such as scripts, to add members to your profile or to send comments or messages on the Site or the Application.
154- Create or use any hyperlink to the Site using the "framing" technique (programming technique offering the possibility to divide browser windows into different independent frames in order to display the content of an external website) or the "in-line linking" technique (programming to make disappear into a webpage one element extracted from another site, which saves stock space on the hard drive where the Site is hosted and enables to hide from an uninformed user the initial content of which the element is part); or
155- Artificially use a DEEZER account, such as to artificially increase the plays of certain tracks, including via automated processes such as robots and scripts or via any other means.
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145\- post images, links, and other content;
157### Article 8 - Privacy Policy
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147\- interact with other Deezer Free Users, DEEZER's moderators, and/or the Customer Service through comments and/or private messages.
159In connection with your use of the Site, the Application and the Premium+ Service, please review the DEEZER Privacy Policy, located [here](http://www.deezer.com/legal/personal-datas), in order to understand how we collect and use information about you when you access, visit or use the Site, the Application or the Premium+ Service. The DEEZER Privacy Policy is part of and is governed by these Terms of Service and by accepting these Terms of Service, you agree to be bound by the terms of the DEEZER Privacy Policy, and agree that we may use information collected from you in accordance with the DEEZER Privacy Policy.
148160
149Use of the Community is subject to the consent and compliance with its terms and conditions available here: [https://en.deezercommunity.com/site/terms](https://en.deezercommunity.com/site/terms).
161### Article 9 - Limitation of Liability; Indemnification
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151As part of his/her access and use of the Deezer Free Service, DEEZER also provides to the Deezer Free User a customer support service which can answer to questions the Deezer Free User may have on his/her account and on the Services made available by DEEZER (the "Customer Service").
163YOU UNDERSTAND AND AGREE THAT DEEZER AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE "DEEZER PARTIES") WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A DEEZER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SITE OR THE PREMIUM+ SERVICE. DEEZER's maximum liability to you for direct damages is limited to the amount you paid to DEEZER for use of the Premium+ Service during the twelve-month period immediately preceding the event that gave rise to such damages.
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153The Deezer Free User will be able, without this list being limitative, to ask information relating to:
165You hereby agree to indemnify and hold the DEEZER Parties harmless from any and all damages, losses, costs, claims or demands (including legal fees and court costs) and expenses incurred, suffered or expended by DEEZER as a consequence of any third party's claim relating to or arising out of: (i) your use of the Site, Application or the Premium+ Service or (ii) your violation of any term or condition of these Terms of Service.
154166
155\- his/her access and use of the Services provided by DEEZER;
167### Article 10 - DEEZER Digital Millennium Copyright Act Policy
156168
157\- his/her account and the modification of his/her account information.
169If you believe that content available on or through the Site or the Application or accessible via links posted on the Site or the Application infringes one or more of your copyrights, you or your agent may submit a Digital Millennium Copyright Act ("DMCA") notification to DEEZER, as set forth in this DEEZER DMCA Policy.
158170
159The Deezer Free User can contact DEEZER through the Site by clicking on the section "[Contact us](https://www.deezer.com/support)" or by sending a mail to the following address:
171The notification shall include all of the information described in this DEEZER DMCA Policy ("Notification") to DEEZER's Copyright Agent by mail or email using the contact information provided below. A copy of this Notification will be sent to the person who posted the material addressed in the Notification.
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161Deezer
16224 rue de Calais 75009 Paris
163FRANCE
173Pursuant to federal law, you may be held liable for damages and attorneys' fees if you make any material misrepresentations in a Notification. Therefore, if you are not sure whether content located on or accessible via a link from the Site infringes your copyright, you should contact an attorney.
164174
165The Customer Support will use reasonable endeavors to respond to such requests in a reasonable timeframe but can make no guarantees or warranties of any kind that such requests shall be answered within a timeframe corresponding to the Deezer Free User's expectations, or that the answer shall be entirely satisfactory for such Deezer Free User.
175A Notification should include the following:
166176
167### Article 12 - Nullity of a term
177- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
178- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
179- Identification of the material that is claimed to be infringing or to be the subject of infringing activity (or links to such material) and information reasonably sufficient to permit the service provider to locate the material or link so that it may be removed or access to it disabled. If possible, please provide links to the exact location so that we may quickly and more easily locate the material or link.
180- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
181- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
182- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
168183
169In case one of the clauses of the Terms would be declared void or voidable for any reason, the other clauses will still apply without any modification.
184Notifications should be sent to our Copyright Agent at:
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171### Article 13 - Jurisdiction - Claims and litigation
186Address: Deezer S.A., 24 rue de Calais 75009 Paris
187Phone number: +33 (0)1 55 80 69 00
172188
173The present Terms are governed by the law of the country where the Deezer Free User has his/her habitual residence.
189Notifications shall be sent to the e-mail address: [dmca@deezer.com](mailto:dmca@deezer.com)
174190
175Any claim relating to the application of these Terms must be emailed to the Customer Service via the Site by clicking on the link [http://www.deezer.com/support](http://www.deezer.com/support), or mailed to the address Deezer - Customer Service - 24 rue de Calais 75009 Paris - FRANCE, in order to be promptly processed.
191Notifications will be forwarded to Subscribers whose material or links are the subject of the Notification and to chillingeffects.org.
176192
177For Deezer Free Users residing in a member state of the European Union, in the event the claim of a Deezer Free User would not be solved through the Customer Service or would remain without response within more than two (2) months after its reception by the Customer Service, the Deezer Free User may choose to submit the dispute to an out-of-court settlement procedure through the European platform for alternative and online dispute resolution at the following link: [https://webgate.ec.europa.eu/odr/](https://webgate.ec.europa.eu/odr/).
193### Article 11 - Disclaimer of Warranties
178194
179In case of litigation, the parties will try to reach an amicable agreement before any judicial proceeding. If no amicable agreement can be reached, any claim regarding the validity, the interpretation and/or the execution of the Terms shall be brought before the court of the country where the Deezer Free User has his/her habitual residence.
195THE SITE, THE APPLICATION AND THE PREMIUM+ SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE DEEZER PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE DEEZER PARTIES DO NOT WARRANT THAT THE SITE, THE APPLICATION OR PREMIUM+ SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE PREMIUM+ SERVICE OR THE SERVERS THAT MAKE THE PREMIUM+ SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT DESCRIPTIONS OR DEPICTIONS, OR OTHER CONTENT OFFERED AS PART OF THE PREMIUM+ SERVICE, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
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181## Terms of Use and Sale of the Deezer Web Service
197YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, THE APPLICATION AND THE PREMIUM+ SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SITE, THE APPLICATION OR THE PREMIUM+ SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SITE, THE APPLICATION OR THE PREMIUM+ SERVICE. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE, THE APPLICATION OR THE PREMIUM+ SERVICE FOR ANY FEATURE OR PART THEREOF AT ANY TIME. THE DEEZER PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.
182198
183### Article 1 - General remarks
199The music catalogue available as part of the Premium+ Service is linked to the contracts in effect with third party rights holders and may therefore change. Therefore, DEEZER cannot guarantee the availability of any determined track or album or any artist or group in the Premium+ Service catalogue. You agree that DEEZER will not be held liable for the removal of parts of the catalogue content offered.
184200
185Welcome to the Terms of Use and Sale of the Deezer Web Service which includes the website accessible at http://www.deezer.com (hereinafter the "Site"), and its desktop, tablet and mobile applications (hereinafter the "Application").
201DEEZER shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of DEEZER, including without limitation any failure to perform hereunder, such as, Internet or equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
186202
187The Site and Application are created, developed and operated by DEEZER S.A. (hereinafter "DEEZER") a French corporation registered under number 898 969 852, with principal offices located at 24 rue de Calais 75009 Paris - FRANCE.
203Finally, you are solely liable of your use of the Site, the Application and the Premium+ Service and you agree that DEEZER will not be liable for any claim arising from your use of the Site, the Application or the Premium+ Service.
188204
189The hereby conditions of use and sale (hereinafter the "Terms") exclusively govern the Deezer Web Service provided by DEEZER. These conditions apply to the exclusion of any other terms, notably the ones in effect for other Services - free or paid - offered on the Site.
205### Article 12 - Data Collection Systems
190206
191The purpose of the hereby Terms is to define the contractual and commercial relationship between DEEZER, on one hand, and any subscriber to the Deezer Web Service (hereinafter the "Subscriber"), on the other hand.
207DEEZER and its partners implement data collection systems on Subscribers' computer.
192208
193The use of the Site, the Application and of the Deezer Web Service is only authorized for a personal and private use, therefore any other use, notably in public premises and businesses, is strictly forbidden.
209In order to obtain all information regarding (i) the use of such data collection systems by DEEZER and its partners and (ii) the procedure applicable to prevent the implementation of such data collection systems, you can visit the section "Privacy Policy" on the Site and the Application or review Section 7 of the DEEZER Privacy Policy, located [here](http://www.deezer.com/legal/personal-datas).
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195The subscription and access to the Deezer Web Service strictly depend on the prior consent without any restriction and reserve to all the Terms (including the Privacy Policy).
211### Article 13 - Intellectual Property
196212
197### Article 2 - Deezer Web Service presentation
213The Site, the Application, the Premium+ Service and all elements composing of the foregoing (such as but not limited to the logos, domain names, tracks or videos, and there associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the tracks or videos including the visuals on the packaging) (the "DEEZER Content") are the exclusive property of DEEZER and/or its licensors. The DEEZER Content is protected by applicable laws, including intellectual property laws. You may only access and use the DEEZER Content for the purpose of using the Premium+ Service in accordance with these Terms of Service.
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199The Deezer Web Service is a service offered and operated by DEEZER enabling, by consenting to the hereby Terms, only from a personal computer, to listen to unlimited sound recordings and other musical and cultural content (such as podcasts, radios and in certain territories audiobooks) (hereinafter the "Recordings") in high quality audio (than is made available through DEEZER's other services, where available) and without any advertisement. As the Deezer Web Service is not accessible via DEEZER's mobile and tablet applications, the Subscriber will only have access to the Deezer Free Service via these applications.
215Any unauthorized use of the Site, the Application, the Premium+ Service or the DEEZER Content without the express consent of DEEZER is strictly forbidden.
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201The Deezer Web Service includes personalized music, playlists and other content recommendations.
217The Recordings are protected by U.S. Copyright laws. Therefore, you may not use the Premium+ Service for any commercial purposes, including playing the Recordings in a business environment or public place. You may only access the Site, the Application and use the Premium+ Service for your own personal use.
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203From the Site, and once he/she has subscribed, the Subscriber has access to all functionalities of the Deezer Web Service.
219Except as provided in these Terms of Service, any other use of the Recordings is strictly prohibited. Except as provided in these Terms of Service, you shall not download or attempt to download, transfer or attempt to transfer, permanently or temporarily, the Recordings on the hard drive of a computer or any other device (notably music players), or other physical storage medium (e.g. CD or hard drive). Any resale, exchange or renting of tracks or Recordings offered on the Site is strictly prohibited.
204220
205The main characteristics of the Deezer Web Service are the following:
221DEEZER may implement or use technical protection measures to prevent the unauthorized use of the Recordings. You hereby agree not to bypass, or attempt to bypass, by any means, these technical protection measures.
206222
207\- Unlimited access, to listen to the Recordings part of the Deezer Web Service;
223### Article 14 - Modifications of the Terms of Service
208224
209\- No advertisement;
225DEEZER may amend these Terms of Service from time to time. We will post any material changes to these Terms of Service on the Site with a notice advising of the changes at least thirty (30) days before the effective date of the changes. If you have provided us with your email address we also will endevor to notify you of material changes to these Terms of Service by sending an email at least fifteen (15) days before the effective date of the changes to the email address you most recently provided to us. If you do not agree to the new terms, you may terminate your account within the applicable thirty (30) day period by (1) accessing the "Cancel my subscription" section of the Site or (2) emailing us [here](http://support.deezer.com/hc/en-gb/requests/news) and you will not be bound by the amended terms. Otherwise, the new terms will take effect after thirty (30) days.
210226
211\- A high sound quality.
227### Article 15 - Contact DEEZER
212228
213The Deezer Web Service is accessible to the Subscriber until the end of his/her subscription as indicated on the subscription page of the Site at the time of such subscription or termination of his/her subscription under the Terms hereunder.
229For any information or question regarding the Premium+ Service, you can contact DEEZER through the Site by clicking [here](http://support.deezer.com/hc/en-gb/requests/news).
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215Once the subscription is expired or terminated, the unlimited access and listening are not authorized anymore.
231### Article 16 - Nullity of a term
216232
217The Recordings can be streamed during the entire duration of the Subscription, but cannot be downloaded, transferred or burned on any support whatsoever.
233You and DEEZER agree that if any portion of these Terms of Service or of the DEEZER Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Service, which shall continue to be in full force and effect.
218234
219DEEZER informs the Subscriber that it is not responsible of advertisements displayed within content provided and hosted by third parties and which can eventually be integrated and/or referenced within the Site.
235### Article 17 - Choice of Law
220236
221### Article 3 - Use of the Deezer Web Service
237These Terms of Service are governed by the laws of the state of New York, without regard to conflict of law principles, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in New York. You consent to the exclusive jurisdiction of the federal or state courts located in New York County, New York.
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223The use of the Deezer Web Service requires a high-speed Internet connection. These connections are not provided by DEEZER, therefore the Subscriber must first subscribe to a high-speed Internet service offer in order to use the Deezer Web Service.
239### Article 18 - Arbitration Agreement and Waiver of Class Remedies
224240
225The music catalog available, as part of the Deezer Web Service, is linked to the contracts in effect with the right holders and may therefore change. DEEZER cannot guarantee the availability of any determined track or album or any artist or group in the Deezer Web Service catalog. Moreover, DEEZER cannot guarantee that any determined track, album, artist or group in the Deezer Web Service catalog will be indefinitely available. DEEZER can never be held liable for the removal of parts of the catalog content offered.
241The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms of Service (including its formation, performance and breach) and your use of the Site or the Premium+ Service shall be finally settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
226242
227As a Subscriber, the Subscriber can activate the Deezer Web Service on a personal computer (PC or Mac). The Deezer Web Service is only accessible from one connection at a time. DEEZER has the technical means to verify the absence of multiple simultaneous connections on the same account and therefore detect multiple connections attempt.
243**The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.**
228244
229### Article 4 - Availability and modification of the Deezer Web Service
245The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
230246
231The Deezer Web Service can be accessed 24 hours a day and 7 days a week, within the limit of the Terms and the terms of article 10 hereunder.
247You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this section by sending written notice of your decision to opt-out [here](http://support.deezer.com/hc/en-gb/requests/news). The notice must be sent within thirty (30) days of registering to use the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Service.
232248
233The Recordings made available within the Deezer Web Service are determined based on the country wherein the Subscriber has subscribed to the Deezer Web Service (his/her country of residence). In accordance with the EU Regulation 2017/1128 on cross-border portability of online content services in the internal market, any Subscriber who has subscribed to the Deezer Web Service from a state member of the European Union will have access to the same content in the same manner when using the Deezer Web Service while temporarily present in another member state, at no additional cost. However, DEEZER cannot guarantee the same quality of service as provided in the Subscriber's country of residence.
249### Article 19 - Assignment
234250
235Any Subscriber who has subscribed to the Deezer Web Service outside of the European Union will also be given access to the same content in the same manner when using the Deezer Web Service while temporarily present in another country, at no additional charges. However, DEEZER cannot guarantee the same quality of service as provided in the Subscriber's country of residence.
251DEEZER may assign or delegate these Terms of Service and/or the DEEZER Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without DEEZER's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
236252
237DEEZER has the right to introduce any modification or improvement to the Deezer Web Service as it deems necessary. DEEZER nevertheless guarantees that it will not affect the quality or modify substantially the functionalities of the Deezer Web Service.
253### Article 20 - Entire Agreement
238254
239In addition, DEEZER has the right, without prior notice or compensation, to temporarily remove access to the Deezer Web Service, if necessary, in order to ensure its maintenance or its continuity. The Subscriber recognizes that DEEZER cannot be held liable and waives any right to compensation and/or action against DEEZER in that respect. The temporary interruptions of the Deezer Web Service will be, when possible, notified on the Site at least 24 (twenty-four) hours before they occur, unless they are urgent. DEEZER also has the right, without compensation, to definitely shut down the Deezer Web Service. Any final shutdown of the Deezer Web Service will be notified via the Site at least 1 (one) month before it occurs, the Subscriber will not owe any payment due from the date of the Deezer Web Service shutdown.
255These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including DEEZER's Privacy Policy), contain the entire understanding of you and DEEZER, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and DEEZER with respect to the Premium+ Service.
240256
241### Article 5 - Absence of the right to revocation - duration - renewal - termination - upgrade to the Deezer Premium Service
257### Article 21 - No Waiver
242258
243#### 5.1 No right of revocation
259The failure of DEEZER to require or enforce strict performance by you of any provision of these Terms of Service or the DEEZER Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of DEEZER's right to assert or rely upon any such provision or right in that or any other instance.
244260
245The Subscriber expressly recognizes and agrees that the supply of the Deezer Web Service starts at the time of validation of the subscription and acknowledges that he/she consequently loses his/her right to withdraw from the subscription. Accordingly, no request for revocation, cancellation or refund will be accepted after such validation.
261The express waiver by DEEZER of any provision, condition, or requirement of these Terms of Service or the DEEZER Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
246262
247#### 5.2 Duration
263Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by DEEZER shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of DEEZER.
248264
249DEEZER offers a monthly subscription (or any other duration depending on the offers made on the Site). Some trial or discovery periods of the Deezer Web Service of different duration may be offered on the Site, temporarily or not. Unless otherwise indicated, these trial and discovery periods will be submitted to the hereby Terms and will be limited to one subscription (same IP address (Internet Protocol) and/or same email address) no matter the trial or discovery offer concerned.
265### Article 22 - Specific conditions for the Deezer Family Service
250266
251#### 5.3 Renewal
267The hereby Terms of Service which govern the Premium+ Service provided by DEEZER, fully apply to the Deezer Family Service (as defined below), except for specific provisions below.
252268
253Except terminated by the Subscriber within the provisions of article 5.4 and except in case of non-recurring payment method used by the Subscriber, the subscription to the Service is tacitly renewed for the exact same duration than the initial one. Therefore, if the Subscriber subscribes to a monthly subscription, such subscription will be automatically renewed each month.
269The Deezer Family Service enables the members of the same household to access the Deezer Family Service by creating a master account to which can be linked up to five (5) accounts. The users of all such linked accounts benefit from the same features as provided by the Premium+ Service, except for the community features. All users of the Deezer Family Service can access and use the service simultaneously.
254270
255Unless otherwise indicated on the Site or in the Terms and except terminated by the Subscriber in compliance with the provisions of article 5.4, any trial or discovery offer is automatically converted into a monthly subscription at the price indicated in the offer or, otherwise, at the price applicable to the monthly subscription of the Deezer Web Service.
271However, it is hereby specified that as per the agreements in effect between DEEZER and the right holders, some tracks available in the Premium+ Service music catalogue may not be available through the Deezer Family Service. As a result, the Subscriber, subscriber to the Premium+ Service, would loose access to such tracks on all his accounts including the one created to access his Premium+ Service subscription.
256272
257#### 5.4 Termination
273The Deezer Family Service subscription and its use are restricted to members of the same household residing at the same address. Therefore, DEEZER reserves the right, in its discretion, to ask the Subscriber at any time for proof that such requirement is fulfilled.
258274
259If the subscription was purchased directly from the Site, in order to terminate his/her subscription, the Subscriber must go to his/her account and click on "Cancel my subscription". Termination will be effective at the end of the current subscription period, if requested at least 48 (forty-eight) hours in advance. For a trial or discovery period, termination occurs on the date and hour of termination as indicated in the Subscriber's account, unless otherwise indicated on the Site.
275The subscription to the Deezer Family Service is not available for:
260276
261If the subscription was purchased via a third-party website (such as iTunes for example), the Subscriber must first check the termination conditions of his/her subscription in the section "My account" on the Site, then follow the instructions to terminate the subscription. The Subscriber should be aware that conditions (how to terminate, within what timeframe, etc.) may vary from one third-party platform to another.
277- any person who wishes to subscribe via iTunes,
278- any person who uses as means of payment the first version of the Paypal app,
279- subscribers to the Premium+ Service who have subscribed to a 12-month subscription,
280- subscribers to the Premium+ Service who have subscribed to the service via Orange France.
262281
263#### 5.5 Upgrade to the Deezer Premium Service
282The Premium+ subscribers who wish to subscribe to the Deezer Family Service are informed that by subscribing to the Deezer Family Service, they will be immediately charged for the amount of the monthly subscription fee of the Deezer Family Service and at the same time, their subscription to the Premium+ Service will be simultaneously and automatically terminated by DEEZER. Any current month subscription to Premium+ Service already paid for will not be refunded.
264283
265In case the Subscriber switches from the Deezer Web Service to the Deezer Premium Service, the upgrade will take effect immediately as authorized by DEEZER. Henceforth, DEEZER will immediately charge the Subscriber for the newly activated Deezer Premium Service subscription, regardless of whether the subscription period for the Deezer Web Service has come to an end or not, meaning that if the Subscriber is upgrading to the Deezer Premium Service during the Deezer Web Service subscription period, DEEZER will charge the Subscriber for both Services until the Subscriber terminates his/her subscription to the Deezer Web Service.
284### Article 23 - Specific conditions for the Student Offer Service
266285
267There will be no refund of the price paid for the Deezer Premium Service subscription due to the upgrade.
286The present Terms of Service which govern the Premium+ Service provided by DEEZER, also apply in full to the Student Offer (as defined below), except for the specific provisions set forth below.
268287
269### Article 6 - Terms of access to the Deezer Web Service
288The Student Offer is only available to students from 18 to 25 years old who are enrolled in a college or university in a country where the offer is available. Deezer has appointed a partner to verify that the Subscriber is eligible to the Student Offer when subscribing to the offer for the first time and before each renewal. DEEZER also reserves the right to verify such eligibility at any time. Holders of a master account of the Deezer Family Service are not eligible.
270289
271The Subscriber declares being capable to accept the hereby Terms, which means that he/she has the legal required age and is not under a legal protection measure (such as legal guardianship).
290The Student Offer is available for a maximum of twelve consecutive months and can be renewed up to three times per Subscriber, each renewal period being limited to twelve consecutive months. If the Student Offer is terminated for whatever reason at any time, such termination is definitive and the Subscriber will no longer be eligible to the Student Offer.
272291
273The Subscriber declares that he/she is a resident in a country where the Deezer Web Service is available and that he/she is the owner of a credit card issued by a bank in the same country.
292At the end of the Student Offer (including if the offer is not renewed by the Subscriber), the Student Offer shall be automatically converted into a full price Premium+ subscription. As a result, the Subscriber will be charged for the full price of the monthly Premium + Service until cancellation of his subscription; the Subscriber is hereby informed that he can cancel his subscription at any time, as per the cancellation terms hereunder.
274293
275### Article 7 - Creation of an account
294The Premium+ or HiFi subscribers who wish to subscribe to the Student Offer are informed that by subscribing to the Student Offer, they will be immediately charged for the amount of the monthly subscription fee of the Student Offer and at the same time, their subscription to the full price Premium+ or HiFi Service will be simultaneously and automatically cancelled by DEEZER. Any current subscription month to the full price Premium+ or HiFi Service already paid for will not be refunded.
276295
277In order to subscribe to the Deezer Web Service, every Subscriber must:
296### Article 24 - Specific conditions for the Deezer Duo Service
278297
279\- Create an account on the Site or, if the Subscriber is already registered, log into the Site;
298These Terms, which govern the Deezer Premium Service provided by DEEZER, also apply in full to the Deezer Duo Service (as defined below), except for the specific provisions below. The Deezer Duo Service may only be accessible to certain users and/or within certain territories. You may not be offered to subscribe to this offer in your country.
280299
281\- Provide the information requested in the subscription form;
300The Deezer Duo Service enables the members of the same household to access the Deezer Duo Service by creating a master account to which another account or a profile can be linked. The linked profile will be created by the Subscriber, who shall have parental authority or parental authorisation in order to create a profile for a minor under 16. The linked account will be invited by the master account via email. The user of such a linked account or profile benefits from the same features as provided by the Deezer Premium Service, except for the community features. All users of the Deezer Duo Service can access and use the service simultaneously.
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283\- Give his/her consent to the Terms;
302However, it is hereby specified that in accordance with the agreements in effect between DEEZER and the rights-holders, some tracks available in the Deezer Premium Service music catalogue may not be available through the Deezer Duo Service. As a result, the Subscriber who has signed up for the Deezer Duo Service would lose access to such tracks on all his/her accounts including the one created to access his/her Deezer Premium Service subscription.
284303
285\- Pay the price for his/her subscription through one of the payment systems offered;
304The Deezer Duo Service subscription and its use are restricted to members of the same household residing at the same address. Therefore, DEEZER reserves the right, at its discretion, to ask the Subscriber at any time for proof that this requirement is fulfilled.
286305
287\- Confirm his/her subscription.
306Subscription to the Deezer Duo Service is not available for any person who uses as means of payment an old version of the Paypal app.
288307
289The Subscriber agrees to provide true, accurate and sincere information on him/her in connection with his/her registration on the Site and the Deezer Web Service.
308Deezer Premium subscribers who wish to subscribe to the Deezer Duo Service are informed that by subscribing to the Deezer Duo Service, they will be charged immediately for the amount of the monthly subscription fee for the Deezer Duo Service and at the same time, their subscription to the Deezer Premium Service will be cancelled automatically by DEEZER. Any current monthly subscription to the Deezer Premium Service already paid for will not be refunded.
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291Once his/her registration has been validated, DEEZER will send to the Subscriber a confirmation email at the email address given at the time of registration.
310In respect of the Deezer Duo Service, the Subscriber who holds the master account is liable for compliance by the other user of the linked account or profile with the Terms.
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293Subject to the other conditions of the Terms, the subscription to the Deezer Web Service will only become effective when DEEZER sends the confirmation email mentioned above. DEEZER recommends the Subscriber to save and/or print this email.
312In respect of the Deezer Duo Service, temporary downloading is available for the master account on up to three (3) authorised devices and on up to two (2) authorised devices for each linked account or profile.
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295The Subscriber can modify the password given on his/her account at any time by clicking on the section "My information".
314The Deezer Duo Service is available through only one connection per account or profile at a time. DEEZER implements technical measures to verify multiple simultaneous connections from the same account and is therefore able to detect any attempts at multiple connections. The linked account can be created and deleted through the "Settings" page of the master account. Access to the Deezer Duo Service for the user of the linked account or profile is available through the "Settings" page of the master account.
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297The Subscriber agrees to inform DEEZER, without delay, of any modification or update in the information provided at the time of his/her subscription to the Deezer Web Service and notably any modification of his/her email address or bank details. The Subscriber can modify any of his/her information at any time on his/her account on the Site by clicking on the section "My information".
316Without prejudice to any damages that DEEZER may claim, DEEZER has the right to suspend and/or cancel, without notice or compensation, access to the Deezer Duo Service by a Subscriber as provided for in Article 13 of the Terms, if the Subscriber or one the user of a linked account or profile does not comply with the Terms."
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299The Subscriber must immediately inform DEEZER of any loss or unauthorized use of his/her account, his/her identification details or his/her password. The passwords and identification details are personal and the Subscriber agrees not to communicate them. As a result, the Subscriber is solely responsible for their use.
318## Terms of Service for Deezer Premium+ for Bose Customers
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301The Subscriber is solely liable for the consequences due to the misuse of his/her account by the Subscriber himself/herself or by a third party who has accessed the Subscriber's account due to the Subscriber's fault or negligence, and as a result, the Subscriber recognizes that DEEZER and all its partners, co-contracting party or right holders cannot be held liable in that respect.
320These Terms of Service (the "Terms of Service") apply if (i) you are located in a country where Deezer Premium + (the "Premium + Service") is available, (ii) you are an eligible Bose customer according to the terms and conditions below. These Terms of Service describe the terms pursuant to which Deezer S.A. (hereinafter "DEEZER") offers certain Bose customers (as defined below), under specific conditions, the benefit of a free trial period and discount promotional offer to Deezer Premium + (the "Offer"). These Terms of Service apply when you access, visit or use the Premium + Service.
302321
303### Article 8 - Price
322The Premium + Service an unlimited service of on-demand music with a temporary download functionality through a paid subscription. The Premium + Service is accessible via a website located at www.deezer.com (the "Site"), and via a mobile application on certain compatible devices.
304323
305The subscription price is indicated on the Site and includes all taxes.
324The purpose of these Terms of Service is to define the contractual and commercial relationship between DEEZER, on one hand, and you, as an eligible subscriber to the Premium + Service (hereinafter the "Subscriber"), on the other hand.
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307DEEZER has the right to modify the price of every subscription offer from time to time. DEEZER will inform each Subscriber through an email to the address provided by the Subscriber at the time of subscription to the Deezer Web Service (or as updated later in his/her account) of any price increase at least 15 (fifteen) days before it becomes effective. In case the Subscriber does not accept this increase, he/she can terminate his/her subscription, as provided under article 5.4 above, this termination will be effective at the following monthly subscription due date. If the Subscription is not terminated, the new price will be applicable to the Subscriber starting from the following monthly subscription payment due date.
326**You accept these Terms of Service and agree to be bound by these Terms of Service when you access, visit or use the Premium + Service or create a DEEZER account. Please read these Terms of Service carefully because they govern your access to and use of the Premium + Service and set forth legally binding terms applicable to your use of the Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU SHOULD NOT ACCESS OR USE THE SERVICE.**
308327
309Any increase of the VAT (Value Added Tax) will be impacted automatically and immediately on the Deezer Web Service's price. It will be the same in case of the creation of a new tax that will be based on the price of the Deezer Web Service and applicable to DEEZER. The conditions of termination applicable in case of modification of the Deezer Web Service's price mentioned above, will apply in the same conditions in case of a price modification resulting from the increase or creation of new taxes.
328The use of the Premium + Service is only authorized for personal and private use, therefore any other use, including any use of the Premium + Service for a commercial purpose or any use of the Premium + Service in a public place or business, is strictly forbidden.
310329
311It is reminded that the connection and communication (Internet) costs relating to the use of the Deezer Web Service are not supported by DEEZER and must be supported only by the Subscriber.
330### Article 1 - Eligibility & Offer
312331
313### Article 9 - Payment of the price
332The Offer is only made available to eligible Bose customers ("Eligible Bose Customers") as defined below, and only to those Eligible Bose Customers located in countries where the Premium + Service is available. To check the availability of the Premium + Service in your country, please go to [www.deezer.com.](http://www.deezer.com/)
314333
315Different payment methods are offered on the Site (credit cards, prepaid cards, PayPal and/or other payment methods).
334Eligible Bose Customers shall be defined as a Bose customer who (i) already owns or purchases a Bose "SoundLink Product" or a "SoundTouch Product" as defined below, and (ii) who is not otherwise excluded from the Offer as expressly set forth below.
316335
317Depending on the duration of the subscription chosen by the Subscriber, the Subscription price is paid monthly or annually. The first payment will be made at the time of subscription and then at the beginning of each month or year, by direct debit, until termination of the subscription, whether the termination initiates from the Subscriber or DEEZER.
336The SoundLink Products allowing eligibility to the Offer are:
318337
319In order to optimize the security of the transactions, DEEZER has chosen the payment systems of different companies with which it has entered into agreements. The guarantees provided by DEEZER in term of transactions security are identical to the ones obtained by DEEZER from these payment service providers.
338- SoundLink Color
339- SoundLink Mini Bluetooth speaker
340- SoundLink Mobile III Bluetooth speaker
341- SoundLink AE Bluetooth headphones
342- SoundLink OE Bluetooth headphones
320343
321Except in the case of proof to the contrary, the computerized records, kept within the DEEZER computer systems and its partners' within reasonable security conditions, will be considered as proof of communications, orders, validations and payments which occurred between the Subscriber and DEEZER. This information shall be considered as valid proof between the Subscriber and DEEZER unless the Subscriber can provide conflicting written proof.
344The SoundTouch Products allowing eligibility to the Offer are:
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323### Article 10 - Subscriber liability
346- SoundTouch 20/30/Portable Wi-Fi music system series I, II
347- Wave SoundTouch system
348- SoundTouch SA4 amplifier
349- SoundTouch SA4 amplifier bundles with speakers
350- SoundTouch Stereo JC, series I and II
351- SoundTouch wireless adapter
352- Lifestyle home theater systems with SoundTouch
324353
325i) Each Subscriber can post messages, information and/or comments on the Site and the desktop application. The Subscriber is solely liable for any messages, content or information published by himself/herself on the Site or desktop application; DEEZER is only considered as an Internet service hosting provider and cannot be held liable for the content published by the users on the Site or desktop application and upon which DEEZER has no control or supervision.
354Eligible Bose Customers can only benefit once from the Offer. Eligible Bose Customers shall not be eligible to redeem the trial period of the Offer if they previously have redeemed any offer for a trial period of the Premium + Service. Subscribers to any of the Deezer services through their telecommunication carrier will not be eligible to the Offer. The Offer is not available in countries where the Premium + Service is not available. In France, Eligible Bose Customers who are already subscribers to the Premium + Service cannot benefit from the Offer.
326355
327The Subscriber expressly agrees, in order to avoid being held liable, that he/she will ensure that the messages published by him/her on the Site or desktop application do not, notably but not limited to:
356The Offer consists of a free of charge trial to the Premium + Service, and of a discount promotional subscription to the Premium + Service. The trial period is of 30 consecutive days for Eligible Bose Customers owning or purchasing a SoundLink Product, and is 15 consecutive days with an optional and additional 15 consecutive days for Eligible Bose Customers owning or purchasing a SoundTouch Product.
328357
329\- Constitute a violation of third-party intellectual property rights; therefore the Subscriber agrees not to publish, on the Site or desktop application, content protected under copyright law, a registered trademark or more generally any content protected by any other intellectual property rights held by third parties without the prior consent of the owner or owners of the said rights;
358The discount promotional subscription shall be of 12 consecutive months of the Premium + Service at half price (50% off) the regular retail price of the Premium + Service (as applicable in the country where the Eligible Bose Customer is located). Following the end of such discount period, the Eligible Bose Customer will be charged at the full standard retail price of the Premium + Service, on a monthly basis.
330359
331\- Contain any computer virus which can interrupt, destroy or affect the Site's or desktop application's functionalities;
360Eligible Bose Customers can cancel their trial period and/or discount promotional subscription at any time as set forth below in Section 6. No cancellation fees apply.
332361
333\- Glorify crimes or contain illegal or threatening messages or of a pedophile, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic, revisionist nature or against public orders and good manners;
362The Offer shall be available from September 15th 2014 until March 6th 2015 for Eligible Bose Customers owning or purchasing a SoundLink Product, and from October 10th 2014 until March 6th 2015 for Eligible Bose Customers owning or purchasing a SoundTouch Product. Redeemed Offers during those periods shall be activated by Deezer for Eligible Bose Customers until June 30th 2015.
334363
335\- Infringe a right to privacy or violate the dignity of third parties;
364Detailed instructions of how the Offer can be redeemed and activated are provided to you at the time of purchase of your Bose product or later, by any means available to Bose and/or Deezer.
336365
337\- Encourage violence, fanaticism, crime, suicide, hate linked to religion, race, sex, sexual preferences, ethnicity;
366### Article 2 - Description of the Premium + Service
338367
339\- Harass other Users;
368The Premium + Service is a service offered and operated by DEEZER that enables Subscribers to access the Service from a personal computer or portable device and to listen to an unlimited amount of music in higher quality audio (than is made available through DEEZER's free streaming services, where available) without any advertisements.
340369
341\- Promote or encourage any criminal activity or enterprise;
370The main characteristics of the Premium + Service are the following:
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343\- Request and/or communicate passwords and/or personal information for commercial or illegal purpose;
372\- Unlimited access, on up to three authorized devices (personal computers or mobile devices) for the purpose of temporarily downloading the Recordings, in order to then listen to them when offline;
373\- No advertisements; and
374\- A higher sound quality than is offered through DEEZER's free streaming services (where available).
344375
345\- Transmit emails chains, unsolicited massive emails, instant messages, advertising messages and spam messages;
376As a Subscriber, you may access the Premium + Service until the end of your subscription, as indicated on the subscription page of the Site at the time of such subscription.
346377
347\- Contain advertisement and/or solicitation in order to offer products and/or services to sell through the Site;
378DEEZER may offer the Premium + Service for limited time periods at retail prices established from time to time by DEEZER in the subscription page on the Site (hereinafter the "Special Offers"). DEEZER reserves the right, in its discretion, to determine Subscribers' eligibility for the Special Offers and to withdraw or to modify a Special Offer, in DEEZER's sole discretion.
348379
349\- Contain addresses or Internet links transferring to external website which content violates any applicable law and/or regulation, infringes the rights of third parties or violates the Terms.
380Once your subscription is expired or terminated, you have no right to access or use the Premium + Service.
350381
351ii) The Subscriber agrees not to use any automatic system such as scripts in the purpose of adding Users to his/her User account and/or send comments or messages.
382The Premium + Service is accessible from a personal computer operating the Microsoft Windows, Google Chrome OS or Apple OSX operating systems by connecting to the Site or from a portable device operating the Apple iOS or Google Android operating systems through the Deezer Premium + application (hereinafter the "Application"). The Application is available for download through the Apple iTunes and Google Android app stores. The Premium + Service is also accessible without an internet connection, by clicking on the "Offline Mode" button of the Site or the Application. Subscribers must use the Google Chrome browser to be able to use the Offline Mode on a personal computer. By using the Offline Mode, you will only be able access the tracks, albums and playlists that you have previously temporarily downloaded, from the Site or the Application, on that particular computer or portable device.
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353iii) DEEZER has the right, in case the Subscriber violates any laws or infringes any rights of third parties, to provide upon request of any legitimate authority (courts, administrative authorities, and police forces), any information enabling or facilitating the identification of the offender.
384The temporary downloading of tracks, albums or playlists is possible through the Offline Mode button which appears on the pages of the Site or of the Application. You can then listen to the downloaded Recordings without an Internet connection or mobile network connection during the entire duration of the Subscription; however you will not be able to transfer the Recordings to any other computer, portable device or other physical storage medium.
354385
355### Article 11 - Disclaimer of warranties
386### Article 3 - Use of the Service
356387
357The Subscriber declares being informed of the confines and limitations of the Internet network.
388Your access to the Site and use of the Service requires a high-speed internet connection.
358389
359As a result, DEEZER disclaims any liability for any dysfunction in the Deezer Web Service access, the opening and consultation speed of the Site pages, the listening speed of the tracks, the temporary or definitive inaccessibility of the Deezer Web Service, and the fraudulent use by third parties of the information provided on the Site.
390For Subscribers accessing the Site or Service via a mobile device, DEEZER strongly recommends the use of at least a third generation (3G) mobile network connection.
360391
361Therefore, it is the Subscriber's duty to protect his/her equipment notably against any form of intrusion and/or virus contamination and for which DEEZER can never be held liable. DEEZER can never be held liable of any dysfunction or damage caused to the Subscriber's equipment.
392#### 3.1 Use of the Premium + Service
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363More broadly, DEEZER disclaims any liability if a breach of any obligation results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning and more broadly any unstoppable and unforeseen event which prevent the good execution of the orders.
394#### 3.1.1 Licence
364395
365DEEZER disclaims any liability in case the Deezer Web Service would turn out to be incompatible with certain equipment and/or functionalities of the Subscriber's equipment.
396As a Subscriber, DEEZER grants you a limited, non-exclusive, non-transferable and revocable license to access and use the Premium + Service for the duration of your subscription to the Premium + Service, unless terminated by DEEZER or you in accordance with the terms and conditions of these Terms of Service.
366397
367Finally, the Subscriber is solely liable of his/her use of the Deezer Web Service and cannot hold DEEZER liable for any claim and/or procedure made against him/her in that respect. The Subscriber shall take in charge every claim, complaint or objection and more broadly any proceedings filed against DEEZER by a third party in relation to the Subscriber's use of the Deezer Web Service.
398#### 3.2 Access
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369### Article 12 - Intellectual property
400Prior to the use of the Premium + Service, you must subscribe to the Premium + Service on the Site or the Application.
370401
371The general structure of the Site, the Application, the Deezer Web Service and all elements composing it (such as but not limited to the logos, domain names, tracks or videos, and there associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the tracks or videos but also the visuals on the packaging) are the exclusive property of DEEZER and/or its licensors (notably the records and videos producers, the record companies, authors society).
402In order to subscribe to a Premium + Service, you must:
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373These elements are protected by intellectual property laws and others, and notably copyright. The Subscriber can only use these elements for the purpose of using the Deezer Web Service, in compliance with the Terms.
404\- Create an account on the Site or download and create an account on the Application or, if the user is already registered, log on the Site or on the Application;
405\- Provide the information requested on the subscription form;
406\- Consent to these Terms of Service;
407\- Pay the subscription price for the Premium + Service through one of the payment systems offered; - Confirm your subscription.
374408
375Any total or partial representation of the Site, the Application, the Deezer Web Service and/or the elements composing them (as described above) by any means without the express consent of DEEZER is therefore forbidden and would be considered as infringement of the law.
409As a Subscriber, you hereby agrees to provide true, accurate and complete information in connection with your registration on the DEEZER Site and the Premium + Service.
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377Any hyperlink to the Site and using the "framing" technique (programming technique offering the possibility to divide browser windows into different independent frames in order to display the content of an external website) or the "in-line linking" technique (programming to make disappear into a webpage one element extracted from another site, which saves stock space on the hard drive where the Site is hosted and enables to hide from an uninformed user the initial content of which the element is part) is strictly prohibited. Any artificial use of a Deezer account (such use for instance aiming at artificially or abnormally increase the plays of certain specific music tracks), via automated processes such as robots and scripts or via any other means, is strictly prohibited.
411Once your registration has been validated, DEEZER will send to you a confirmation email at the email address you provided at the time of registration. Your subscription to the Premium + Service will only become effective when DEEZER sends the confirmation email mentioned above. DEEZER recommends that you save and/or print the confirmation email.
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379The Recordings made available within the Deezer Web Service are numerical files protected by national and international copyright and neighboring rights. They may only therefore be listened to within a private or family setting. Any use for a non-private purpose will expose the Subscriber to civil and/or criminal proceedings. Any other use of the Recordings is strictly forbidden and more particularly any download or attempt to download, any transfer or attempt to transfer permanently or temporarily on the hard drive of a computer or any other device (notably music players), any burn or attempt to burn a CD or any other support are expressly forbidden. Any resale, exchange or renting of these files is strictly prohibited.
413You can modify your account information, including the password associated with your DEEZER account at any time by clicking on the "My information" section of the Site.
380414
381The Subscriber recognizes that the Recordings made available to him/her within the Site and Application are protected by technical protection measures set up by DEEZER in order to prevent or limit, depending on the technology offered, the unauthorized use of the Recordings.
415You hereby agree to inform DEEZER, without delay, of any modification to the information you provided at the time of the Service subscription and notably any modification of the email address or bank details you provided in connection with your subscription.
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383The Subscriber agrees not to bypass, by any means, these technical protection measures, for the purpose of downloading these files and enabling their storing within the storage unit of his/her reception terminal whatever it is (computer, mobile phone, music player and other portable music disc player, etc.).
417You must immediately inform DEEZER if you lose your account credentials (i.e. account name and password) or if you become aware of any unauthorized use of your account. Your password and identification details are personal and you hereby agree not to disclose such information to any third parties. You hereby agree to be solely responsible for the safekeeping of your account credentials.
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385### Article 13 - Suspension and/or termination initiated by DEEZER or the Subscriber
419As a Subscriber, you may activate the Premium + Service on a personal computer operating the Microsoft Windows, Google Chrome OS or Apple OSX operating systems or a portable device operating the Apple iOS or Google Android operating systems registered with the Premium + Service. The Premium + Service is only accessible from one connection at a time (personal computer or compatible portable device registered). If DEEZER determines that you are simultaneously accessing the Premium + Service from multiple devices or computers, DEEZER may terminate your subscription and//or your access to the Site and Service.
386420
387Without prejudice of any damages that DEEZER may seek, DEEZER has the right to suspend access to the Deezer Web Service to a Subscriber and/or terminate, without notice or compensation, his/her subscription to the Deezer Web Service in case:
421#### 3.3 Price
388422
389\- The Subscriber does not respect the Terms and notably:
423The subscription price of the Premium + Service is indicated on the Site or on the Application and includes all taxes.
390424
391- Does not respect the intellectual property rights of DEEZER or its licensors;
392- Bypasses or attempts to bypass the technical measures of protection set up by DEEZER;
393- Uses multiple simultaneous connections to the same account or attempts to do so;
394- Provides false information at the time of his/her subscription to the Deezer Web Service or later.
425DEEZER has the right to modify the subscription price from time to time. DEEZER will inform you of any price increase fifteen (15) calendar days before it becomes effective by sending you an email to the email address you have provided. In such case, if you are not willing to accept the price increase proposed by DEEZER, you may terminate your subscription via the termination section of the Site. As described in Article 6.3 below, this termination will become effective at the end of the then-current subscription term. If you do not terminate your subscription to the Premium + Service, you will be charged the new price beginning after the fifteen (15) day notice period.
395426
396\- Total or partial default of payment by the Subscriber of the price of his/her subscription.
427Any increase of the sales tax will be automatically and immediately impacted on the Premium + Service price. It will be the same in case of the creation of a new tax that will be based on the price of the Premium + Service and applicable to DEEZER. The conditions for termination applicable in case of modification of the Premium + Service price mentioned above, will apply in the same conditions in case of a modification resulting from the increase or creation of new taxes.
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398\- Activities prejudicial to DEEZER's commercial interests.
429Different payment methods are accepted on the Site, including, Visa or MasterCard credit cards and PayPal.
399430
400As far as the Subscriber is concerned, he/she will be able to terminate, without notice nor compensation to the benefit of DEEZER, his/her contract or subscription if DEEZER breaches its substantial obligations defined in the Terms or with a legitimate reason such as, notably, his/her computer being stolen or technical inconsistency of the Deezer Web Service with the Subscriber's equipments.
431It is underlined that when a Subscriber communicates to DEEZER his bank details, they are not kept by DEEZER.
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402### Article 14 - Modifications of the Terms
433The subscription price is paid in advance on a monthly basis. By agreeing to the subscription, you authorize DEEZER to charge you for the subscription fees on a monthly basis. When transferring Subscribers' data and payment information to its third party payment service providers, DEEZER uses reasonable security measures, such as encryption, to protect such information from unauthorized use or disclosure. Additionally, DEEZER's third party payment providers strive to adhere to PCI/DSS standards of transactions security.
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404DEEZER has the right to modify in its sole discretion the Terms. DEEZER will inform the Subscriber, through an email at the email address given on the Subscriber's account, of any modification of the Terms at least 1 (one) month prior to their entry into force. In case the Subscriber does not accept these modifications, he/she will be free to terminate his/her subscription from his/her account on the Site as mentioned in article 5.4 above, this termination becoming effective at the next monthly subscription due date. In case the Subscriber does not terminate his/her subscription, the updated Terms will therefore apply starting from 1 (one) month upon receipt of the notice of modification of the Terms.
435### Article 4 - Availability and modification of the Service
405436
406### Article 15 - Community and Customer Service
437DEEZER uses reasonable efforts to make the Service accessible 24 hours a day and 7 days a week; however, DEEZER reserves the right, without prior notice or compensation, to temporarily remove access to the Service, as deemed necessary by DEEZER, including to perform maintenance of Site or the Service.
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408As part of his/her access and use of the Deezer Web Service, DEEZER provides to the Subscriber a community, accessible through the website deezercommunity.com (the "Community") where the Subscriber will, notably, be able to find information regarding the Deezer Web Service and interact with other Subscribers.
439DEEZER will use reasonable efforts to provide you with at least twenty four (24) hours' notice prior to any Service interruptions.
409440
410On the Community, the Subscriber will be able, notably, to:
441If DEEZER elects, in its discretion, to discontinue access to the Site or Service, DEEZER will notify you via the Site or Application and you will not be charged any additional subscription fees after the date your access to Site or Service has been terminated.
411442
412\- consult and participate to a forum through posts, reactions and comments;
443### Article 5 - Terms of Access to the Site and Service
413444
414\- post images, links, and other content;
445In order to access the Site or Service, you must be located in a country where the Service is available, and be a least 13 years of age.
415446
416\- interact with other Subscribers, DEEZER's moderators, and/or the Customer Service through comments and/or private messages.
447If you are not at least 13 years of age, you shall not attempt to access the Site or use the Service.
417448
418Use of the Community is subject to the consent and compliance with its terms and conditions available here: [https://en.deezercommunity.com/site/terms](https://en.deezercommunity.com/site/terms).
449If you are between 13 and 17 years of age, you must have your parent's or guardian's consent to register for the Site and/or subscribe to the Service.
419450
420As part of his/her access and use of the Deezer Web Service, DEEZER also provides to the Subscriber a customer support service which can answer to questions the Subscriber may have on his/her account and on the Services made available by DEEZER (the "Customer Service").
451Please note that certain functionalities or features of the Service described on the Site or Application may be not available in your country.
421452
422The Subscriber will be able, without this list being limitative, to ask information relating to:
453### Article 6 - Term and termination
423454
424\- his/her access and use of the Services provided by DEEZER;
455#### 6.1 Term and Renewal
425456
426\- his/her account and the modification of his/her account information;
457If you are a Subscriber, the initial term of your subscription to the Premium + Service will be one (1) month. Thereafter, your subscription to the Premium + Service will be automatically renewed for subsequent one (1) month periods unless you have provided prior notice to DEEZER of your wish to discontinue your Premium + Service subscription. If you cancel your Premium + Service subscription, the cancellation will become effective on the last day of the billing cycle during which we received your cancellation request. If your subscription is set to automatically renew, you hereby authorize DEEZER to charge you for the then-current Premium + Service subscription fees for each month of your subscription term.
427458
428\- his/her subscriptions and payments.
459Instructions on how to cancel your Premium + Service subscription are set forth in Article 6.3 below.
429460
430The Subscriber can contact DEEZER through the Site by clicking on the section "[Contact us](https://www.deezer.com/support)" or by sending a mail to the following address:
461#### Trial Periods
431462
432Deezer
43324 rue de Calais 75009 Paris
434FRANCE
463DEEZER may also make available on the Site or the Application access to the Premium + Service for trial periods of varying duration ("Trial Periods"). Unless otherwise indicated, your use of the Site and Service during any Trial Periods will be subject to these Terms of Service and will be limited to one Trial Period per person. Unless otherwise indicated on the Site or Application, following the Trial Period, we automatically will convert your Trial Period subscription into a paid subscription for the Premium + Service unless you cancel your subscription prior to the expiration of the Trial Period. You hereby authorize DEEZER to charge you for the then-current subscription fees for the Premium + Service for each month following the expiration of your Trial Period and continuing through the month in which you cancel your subscription term as described in Article 6.3.
435464
436The Customer Support will use reasonable endeavors to respond to such requests in a reasonable timeframe but can make no guarantees or warranties of any kind that such requests shall be answered within a timeframe corresponding to the Subscriber's expectations, or that the answer shall be entirely satisfactory for such Subscriber.
465#### 6.2. No Refund
437466
438### Article 16 - Nullity of a term
467The Premium + Service subscription fees are paid in advance. You hereby agree and acknowledge that once you have authorized DEEZER to charge you for the Premium + Service subscription fees, you will not be entitled to receive a refund for such payment amounts. If you wish to cancel your account or discontinue your subscription to the Premium + Service, you can contact us as set forth in Article 6.3 below.
439468
440In case one of the clauses of the Terms would be declared void or voidable for any reason, the other clauses will still apply without any modification.
469#### 6.3 Termination
441470
442### Article 17 - Jurisdiction - Claims and litigation
471#### 6.3.1. Subscription Termination Initiated by a Subscriber
443472
444The Terms are governed by the law of the country wherein the Subscriber has his/her habitual residence.
473If you wish to terminate your Premium + Service subscription (or if you wish to not be enrolled in the Premium + Service subscription following a Trial Period), you can do so by (1) accessing the "Terminate my Subscription" section of the Site or (2) emailing us [here](http://support.deezer.com/hc/en-gb/requests/new). Termination of your Premium + Service subscription will become effective at the end of the current monthly subscription period, provided that you have provided notice of your intent to terminate at least forty-eight hours (48) prior to the end of the current subscription period. If you fail to notify DEEZER forty-eight hours (48) prior to the end of the current subscription period, we reserve the right to charge you Premium + Service subscription fees for the following month.
445474
446Any claim relating to the application of these Terms of Use must be emailed to our Customer Service via the Site by clicking on the link [http://www.deezer.com/support](http://www.deezer.com/support), or mailed to the address Deezer - Customer Service - 24 rue de Calais 75009 Paris - FRANCE, in order to be promptly processed.
475If your subscription was made via a partner website (such as iTunes), you must first check the conditions from the "My Account" section on the Site, then follow the instructions to terminate the subscription. You should be aware that conditions (how to terminate, within what time frame, etc.) may vary from one platform to another.
447476
448For Subscribers residing in a member state of the European Union, in the event the claim would not be solved through Customer Service or would remain without response within more than two (2) months after its reception by Customer Service, the Subscriber may choose to submit the dispute to an out-of-court settlement procedure through the European platform for alternative and online dispute resolution at the following link: [https://webgate.ec.europa.eu/odr/](https://webgate.ec.europa.eu/odr/).
477#### 6.3.2. Termination initiated by DEEZER
449478
450In case of litigation, the parties will try to reach an amicable agreement before any judicial proceeding. If no amicable agreement can be reached, any claim regarding the validity, the interpretation and/or the execution of the Terms will have to be brought before the court where the Subscriber has his/her habitual residence.
479DEEZER may suspend, terminate or modify your access to the Site or Service if DEEZER believes that you are failing to comply with these Terms of Service or for any actual or suspected illegal or improper use of the Site or Service, with or without notice to you.
451480
452## Terms of Use and Sale of the Deezer Premium Service, Deezer Family Service, Deezer Student Service and Deezer Duo Service
481Without limiting the foregoing, DEEZER may, without notice or compensation to you, terminate your access to the Site and Premium + Service subscription if it believes you have violated these Terms of Service, including, without limitation, if you have done or attempted to do any of the following:
453482
454### Article 1 - General remarks
483- Infringe, misappropriate or violate the intellectual property rights of DEEZER,its licensors or any third party;
484- Bypass or attempt to bypass any technical or security measures on the Site or Application;
485- Use, or attempt to use, multiple simultaneous connections to the same account;
486- Provide false information to DEEZER in connection with your subscription or account registration;
487- Use, or attempt to use, the Site or Service in connection with any (i) any commercial purpose, (ii) any business or public premises or (iii) any other non-personal or non-private use.
455488
456Welcome to the Terms of Use and Sale of the Deezer Premium Service, Deezer Family Service, Deezer Student, Deezer Duo Service which include the website accessible at http://www.deezer.com (hereinafter the "Site"), and its desktop, tablet and mobile applications (hereinafter the "Application"). The Site and Application are created, developed and operated by DEEZER S.A. (hereinafter "DEEZER") a French corporation registered under number 898 969 852, with principal offices located at 24 rue de Calais 75009 Paris - FRANCE.
489### Article 7 - User Content and Other User Restrictions
457490
458The hereby conditions of use and sale (hereinafter the "Terms") exclusively govern the Deezer Premium Service provided by DEEZER. These conditions apply to the exclusion of any other terms, notably the ones in effect for other Services - free or paid - offered on the Site or the Application.
491You are solely liable for any messages, communications, content, images, material, data or information that you publish or provide on the Site or through the Service ("User Content").
459492
460The purpose of the hereby Terms is to define the contractual and commercial relationship between DEEZER, on one hand, and any subscriber to the Deezer Premium Service, Deezer Family Service, Deezer Student Service and Deezer Student Duo (hereinafter the "Subscriber"), on the other hand.
493By transmitting or submitting any User Content while using the Site or Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by DEEZER in accordance with its Privacy Policy.
461494
462The use of the Site and of the Deezer Premium Service, Deezer Family Service, Deezer Student Service and Deezer Student Duo is only authorized for a personal and private use, therefore any other use, notably in public premises and businesses, is strictly forbidden.
495You further affirm, represent and warrant that your User Content (a) does not contain content or material that is threatening, pornographic, defamatory, obscene, hateful, racist, anti-semitic, or xenophobic, (b) is not intended to harass any third party, (c) does not contain advertisement and/or solicitation for any third party, products and/or services and (d) does not contain any unsolicited or spam messages.
463496
464The subscription and access to the Deezer Premium Service, Deezer Family Service, Deezer Student Service and Deezer Student Duo strictly depend on the prior consent without any restriction and reserve to all the Terms (including the Privacy Policy).
497You own your User Content. You hereby grant DEEZER a perpetual and irrevocable worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions thereof.
465498
466### Article 2 - Deezer Premium Service presentation
499You agree not to:
467500
468The Deezer Premium Service is a service offered and operated by DEEZER enabling, by consenting to the hereby Terms, to listen to unlimited sound recordings and other musical and cultural content (such as podcasts, radios and in certain territories audiobooks) (hereinafter the "Recordings") in high audio quality (than is made available through DEEZER's other services, where available) and without any advertisement, on multiple devices and in "Offline Mode" as described hereunder.
501- use any automatic system, such as scripts, to add members to your profile or to send comments or messages on the Site.
502- Create or use any hyperlink to the Site using the "framing" technique (programming technique offering the possibility to divide browser windows into different independent frames in order to display the content of an external website) or the "in-line linking" technique (programming to make disappear into a webpage one element extracted from another site, which saves stock space on the hard drive where the Site is hosted and enables to hide from an uninformed user the initial content of which the element is part); or
503- Artificially use a DEEZER account, such as to artificially increase the plays of certain tracks, including via automated processes such as robots and scripts or via any other means, is strictly prohibited.
469504
470The Deezer Premium Service includes personalized music, playlists and other content recommendations.
505### Article 8 - Privacy Policy
471506
472From the Site or the Application, and once he/she has subscribed, the Subscriber has access to all functionalities of the Deezer Premium Service.
507In connection with your use of the Site and Service, please review the DEEZER Privacy Policy,located [here](http://www.deezer.com/legal/personal-datas/), in order to understand how we collect and use information about you when you access, visit or use the Site or Service. The DEEZER Privacy Policy is part of and is governed by these Terms of Service and by accepting these Terms of Service, you agree to be bound by the terms of the DEEZER Privacy Policy, and agree that we may use information collected from you in accordance with the DEEZER Privacy Policy.
473508
474The main characteristics of the Deezer Premium Service are the following:
509### Article 9 - Limitation of Liability; Indemnification
475510
476\- Unlimited access, for the purpose of temporary download on three authorized devices (non-portable or portable devices) of the Recordings part of the Deezer Premium Service music catalog, in order to then listen to them when offline;
511YOU UNDERSTAND AND AGREE THAT DEEZER AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE "DEEZER PARTIES") WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A DEEZER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SITE OR SERVICES. Deezer's maximum liability to you for direct damages is limited to the amount you paid to Deezer for use of the Service during the twelve-month period immediately preceding the event that gave rise to such damages.
477512
478\- No advertisement;
513You hereby agree to indemnify and hold the DEEZER Parties harmless from any and all damages, losses, costs, claims or demands (including legal fees and court costs) and expenses incurred, suffered or expended by DEEZER as a consequence of any third party's claim relating to or arising out of: (i) your use of the Site, Application or Service or (ii) your violation of any term or condition of these Terms of Service.
479514
480\- A high sound quality.
515### Article 10 - DEEZER Digital Millennium Copyright Act Policy
481516
482The Deezer Premium Service can be used on limited compatible devices. The list of these devices can be found [here](http://www.deezer.com/devices).
517If you believe that content available on or through the Site or the Application or accessible via links posted on the Site infringes one or more of your copyrights, you or your agent may submit a Digital Millennium Copyright Act ("DMCA") notification to DEEZER, as set forth in this Deezer DMCA Policy.
483518
484The Deezer Premium Service is accessible to the Subscriber until the end of his/her subscription as indicated on the subscription page of the Site at the time of such subscription or termination of his/her subscription under the Terms hereunder.
519The notification shall include all of the information described in this Deezer DMCA Policy ("Notification") to DEEZER's Copyright Agent by mail or email using the contact information provided below. A copy of this Notification will be sent to the person who posted the material addressed in the Notification.
485520
486The Deezer Premium Service is accessible from a personal computer (PC or Mac) by connecting to the Site or desktop application or from a portable device through the Application which needs to be downloaded by the Subscriber. The Deezer Premium Service is also accessible without any Internet connection, by clicking on the "Offline Mode" button of the Application.
521Pursuant to federal law, you may be held liable for damages and attorneys' fees if you make any material misrepresentations in a Notification. Therefore, if you are not sure whether content located on or accessible via a link from the Site infringes your copyright, you should contact an attorney.
487522
488By using the Offline Mode, the Subscriber can only access to the Recordings and playlists that he/she has previously temporarily downloaded, from the Application, on its device (non-portable or portable device).
523A Notification should include the following:
489524
490The temporary downloading of Recordings or playlists is possible through the Offline Mode button which appears on the pages of the Application. The downloaded tracks can then be listened without any Internet connection or at a minimum 3G/4G mobile technology during the entire duration of the Subscription, but cannot however be transferred or burned on any support whatsoever.
525- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
526- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
527- Identification of the material that is claimed to be infringing or to be the subject of infringing activity (or links to such material) and information reasonably sufficient to permit the service provider to locate the material or link so that it may be removed or access to it disabled. If possible, please provide links to the exact location so that we may quickly and more easily locate the material or link.
528- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
529- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
530- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
491531
492DEEZER informs the Subscriber that it is not responsible of advertisements displayed within content provided and hosted by third parties and which can eventually be integrated and/or referenced within the Site or the Application.
532Notifications should be adressed to our Copyright Agent at:
493533
494### Article 3 - Use of the Deezer Premium Service
534Attn.: Daniel MARHELY
495535
496The use of the Deezer Premium Service requires a high-speed Internet connection and an Internet service for portable devices. These connections are not provided by DEEZER, therefore the Subscriber must first subscribe to a high-speed Internet and/or an Internet for mobile offer in order to use the Deezer Premium Service.
536**Deezer**
53724 rue de Calais 75009 Paris
538FRANCE
497539
498A connection to Internet for mobile through a third generation or fourth generation (3G or 4G) mobile technology norm is highly recommended.
540And should be sent to dmca@deezer.com
499541
500The music catalog available, as part of the Deezer Premium Service, is linked to the contracts in effect with the right holders and may therefore change. DEEZER cannot guarantee the availability of any determined track or album or any artist or group in the Deezer Premium Service catalog. Moreover, DEEZER cannot guarantee that any determined track, album, artist or group in the Deezer Premium Service catalog will be indefinitely available. DEEZER can never be held liable for the removal of parts of the catalog content offered.
542Notifications will be forwarded to those whose material or links are the subject of the Notification and to chillingeffects.org.
501543
502As a Subscriber, you can activate the Deezer Premium Service on a personal computer (PC or Mac) and a compatible portable device registered with the Deezer Premium Service. The Deezer Premium Service is only accessible from one connection at a time (personal computer or compatible portable device registered). DEEZER has the technical means to verify the absence of multiple simultaneous connections on the same account and therefore detect multiple connections attempt.
544### Article 11 - Disclaimer of Warranties
503545
504### Article 4 - Availability and modification of the Deezer Premium Service
546THE SITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE DEEZER PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE DEEZER PARTIES DO NOT WARRANT THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT DESCRIPTIONS OR DEPICTIONS, OR OTHER CONTENT OFFERED AS PART OF THE SERVICE, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
505547
506The Deezer Premium Service can be accessed 24 hours a day and 7 days a week, within the limit of the Terms and the terms of article 10 hereunder.
548YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SITE OR SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SITE OR SERVICE. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR SERVICE FOR ANY FEATURE OR PART THEREOF AT ANY TIME. THE DEEZER PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.
507549
508The Recordings made available within the Deezer Premium Service are determined based on the country wherein the Subscriber has subscribed to the Deezer Premium Service (his/her country of residence). In accordance with the EU Regulation 2017/1128 on cross-border portability of online content services in the internal market, any Subscriber who has subscribed to the Deezer Premium Service from a state member of the European Union will have access to the same content in the same manner when using the Deezer Premium Service while temporarily present in another member state, at no additional cost. However, DEEZER cannot guarantee the same quality of service as provided in the Subscriber's country of residence.
550The music catalogue available as part of the Service is linked to the contracts in effect with third party rights holders and may therefore change. Therefore, DEEZER cannot guarantee the availability of any determined track or album or any artist or group in the Service catalogue. You agree that DEEZER will not be held liable for the removal of parts of the catalogue content offered.
509551
510Any Subscriber who has subscribed to the Deezer Premium Service outside of the European Union will also be given access to the same content in the same manner when using the Deezer Premium Service while temporarily present in another country, at no additional charges. However, DEEZER cannot guarantee the same quality of service as provided in the Subscriber's country of residence.
552DEEZER shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of DEEZER, including without limitation any failure to perform hereunder, such as, Internet or equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
511553
512DEEZER has the right to introduce any modification or improvement to the Deezer Premium Service as it deems necessary. DEEZER nevertheless guarantees that it will not affect the quality or modify substantially the functionalities of the Deezer Premium Service.
554Finally, you are solely liable of your use of the Site and Service and you agree that DEEZER will not be liable for any claim arising from your use of the Site or Service.
513555
514In addition, DEEZER has the right, without prior notice or compensation, to temporarily remove access to the Deezer Premium Service if necessary in order to ensure its maintenance or its continuity. The Subscriber recognizes that DEEZER cannot be held liable and waives any right to compensation and/or action against DEEZER in that respect. The temporary interruptions of the Deezer Premium Service will be, when possible, notified on the Site at least 24 (twenty-four) hours before they occur, unless they are urgent. DEEZER also has the right, without compensation, to definitely shut down the Service. Any final shutdown of the Deezer Premium Service will be notified via the Site or via the Application at least 1 (one) month before it occurs, the Subscriber will not owe any payment due from the date of the Deezer Premium Service shutdown.
556### Article 12 - Cookies
515557
516### Article 5 - Absence of the right to revocation - duration - renewal - termination - upgrade to the Deezer Premium Service
558DEEZER and its partners implement cookies on Subscribers' computer.
517559
518#### 5.1 No right of revocation
560In order to obtain all information regarding (i) the use of such cookies by DEEZER and its partners and (ii) the procedure applicable to prevent the implementation of such cookies, you can visit the section "Personal Data and Cookies" on the Site or review Section 7 of the Deezer Privacy Policy, located [here](http://www.deezer.com/legal/personal-datas/)
519561
520The Subscriber expressly recognizes and agrees that the supply of the Deezer Premium Service starts at the time of validation of the subscription and acknowledges that he/she consequently loses his/her right to withdraw from the subscription. Accordingly, no request for revocation, cancellation or refund will be accepted after such validation.
562### Article 13 - Intellectual Property
521563
522#### 5.2 Duration - Trials and discovery offers
564The Site, the Application, the Elite Service and all elements composing of the foregoing (such as but not limited to the logos, domain names, tracks or videos, and there associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the tracks or videos including the visuals on the packaging) (the "DEEZER Content") are the exclusive property of DEEZER and/or its licensors. The DEEZER Content is protected by applicable laws, including intellectual property laws. You may only access and use the DEEZER Content for the purpose of using the Service in accordance with these Terms of Service.
523565
524DEEZER offers a monthly subscription (or any other duration depending on the offers made on the Site or the Application).
566Any unauthorized use of the Site, Service or the DEEZER Content without the express consent of DEEZER is strictly forbidden.
525567
526Some trial or discovery periods of the Deezer Premium Service of different duration may be offered on the Site or the Application, temporarily or not. Unless otherwise indicated, these trial and discovery periods will be submitted to the hereby Terms and will be limited to one subscription (same IP address (Internet Protocol) and/or same email address) no matter the trial or discovery offer concerned.
568The Recordings are protected by copyright laws. Therefore, you may not use the Service for any commercial purposes, including playing the Recordings in a business environment or public place. You may only access the Site and use the Service for your own personal use.
527569
528#### 5.3 Renewal
570Except as provided in these Terms of Service, any other use of the Recordings is strictly prohibited. Except as provided in these Terms of Service, you shall not download or attempt to download, transfer or attempt to transfer, permanently or temporarily, the Recordings on the hard drive of a computer or any other device (notably music players), or other physical storage medium (e.g. CD or hard drive). Any resale, exchange or renting of tracks or Recordings offered on the Site is strictly prohibited.
529571
530Except terminated by the Subscriber within the provisions of article 5.4 and except in case of non-recurring payment method used by the Subscriber, the subscription to the Service is tacitly renewed for the exact same duration than the initial one. Therefore, if the Subscriber subscribes to a monthly subscription, such subscription will be automatically renewed each month.
572DEEZER may implement or use technical protection measures to prevent the unauthorized use of the Recordings. You hereby agree not to bypass, or attempt to bypass, by any means, these technical protection measures.
531573
532Certain trial or discovery offers are subject to the provision of credit card details in order to benefit from such offer. Unless otherwise indicated on the Site or the Application or in the Terms and except terminated by the Subscriber in compliance with the provisions of article 5.4, any trial or discovery offer is automatically converted into a monthly subscription at the price indicated in the offer or, otherwise, at the price applicable to the monthly subscription of the Deezer Premium Service.
574### Article 14 - Modifications of the Terms of Service
533575
534#### 5.4 Termination
576DEEZER may amend these Terms of Service from time to time. We will post any material changes to these Terms of Service on the Site with a notice advising of the changes at least thirty (30) days before the effective date of the changes. If you have provided us with your email address we also will endevor to notify you of material changes to these Terms of Service by sending an email at least fifteen (15) days before the effective date of the changes to the email address you most recently provided to us. If you do not agree to the new terms, you may terminate your account within the applicable thirty (30) day period by (1) accessing the "Terminate my Subscription" section of the Site or (2) emailing us [here](http://support.deezer.com/hc/en-gb/requests/new) and you will not be bound by the amended terms. Otherwise, the new terms will take effect after thirty (30) days.
535577
536If the subscription was purchased directly from the Site or Application, in order to terminate his/her subscription, the Subscriber must go to his/her account and click on "Cancel my subscription". Termination will be effective at the end of the current subscription period, if requested at least 48 (forty-eight) hours in advance. For a trial or discovery period, termination occurs on the date and hour of termination as indicated in the Subscriber's account, unless otherwise indicated on the Site.
578### Article 15 - Contact DEEZER
537579
538If the subscription was purchased via a third-party website (such as iTunes for example), the Subscriber must first check the termination conditions of his/her subscription in the section "My account" on the Site, then follow the instructions to terminate the subscription. The Subscriber should be aware that conditions (how to terminate, within what timeframe, etc.) may vary from one third-party platform to another.
580For any information or question regarding the Service, you can contact DEEZER through the Site by clicking [here](http://support.deezer.com/hc/en-gb/requests/new)
539581
540#### 5.5 Upgrade to the Deezer Premium Service
582### Article 16 - Nullity of a term
541583
542In case the Subscriber switches from the Deezer Web Service to the Deezer Premium Service, the upgrade will take effect immediately as authorized by DEEZER. Henceforth, DEEZER will immediately charge the Subscriber for the newly activated Deezer Premium Service subscription, regardless of whether the subscription period for the Deezer Web Service has come to an end or not, meaning that if the Subscriber is upgrading to the Deezer Premium Service during the Deezer Web Service subscription period, DEEZER will charge the Subscriber for both Services until the Subscriber terminates his/her subscription to the Deezer Web Service.
584You and DEEZER agree that if any portion of these Terms of Service or of the DEEZER Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Service, which shall continue to be in full force and effect.
543585
544There will be no refund of the price paid for the Deezer Web Service subscription due to the upgrade.
586### Article 17 - Choice of Law
545587
546### Article 6 - Terms of access to the Deezer Premium Service
588These Terms of Service are governed by the laws of the state of New York, without regard to conflict of law principles, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in New York. You consent to the exclusive jurisdiction of the federal or state courts located in New York County, New York.
547589
548The Subscriber declares being capable to accept the hereby Terms, which means that he/she has the legal required age and is not under a legal protection measure (such as legal guardianship).
590### Article 18 - Arbitration Agreement and Waiver of Class Remedies
549591
550The Subscriber declares that he/she is a resident in a country where the Deezer Premium Service is available and that he/she is the owner of a credit card issued by a bank in the same country.
592The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. In the U.S., all claims arising out of or relating to these Terms of Service (including its formation, performance and breach) and your use of the Site or Service shall be finally settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
551593
552### Article 7 - Creation of an account
594**The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.**
553595
554In order to subscribe to the Deezer Premium Service, every Subscriber must:
596The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
555597
556\- Create an account on the Site or download and create an account on the Application or, if the Subscriber is already registered, log into the Site or into the Application;
598You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this section by sending written notice of your decision to opt-out here. The notice must be sent within thirty (30) days of registering to use the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Service.
557599
558\- Provide the information requested in the subscription form;
600### Article 19 - Assignment
559601
560\- Give his/her consent to the Terms;
602DEEZER may assign or delegate these Terms of Service and/or the DEEZER Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without DEEZER's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
561603
562\- Pay the price for his/her subscription through one of the payment systems offered;
604### Article 20 - Entire Agreement
563605
564\- Confirm his/her subscription.
606These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including DEEZER's Privacy Policy), contain the entire understanding of you and DEEZER, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and DEEZER with respect to the Service.
565607
566The Subscriber agrees to provide true, accurate and sincere information on him/her in connection with his/her registration on the Site, the Application and the Deezer Premium Service.
608### Article 21 - No Waiver
567609
568Once his/her registration has been validated, DEEZER will send to the Subscriber a confirmation email at the email address given at the time of registration.
610The failure of DEEZER to require or enforce strict performance by you of any provision of these Terms of Service or the DEEZER Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of DEEZER's right to assert or rely upon any such provision or right in that or any other instance.
569611
570Subject to the other conditions of the Terms, the subscription to the Deezer Premium Service will only become effective when DEEZER sends the confirmation email mentioned above. DEEZER recommends the Subscriber to save and/or print this email.
612The express waiver by DEEZER of any provision, condition, or requirement of these Terms of Service or the DEEZER Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
571613
572The Subscriber can modify the password given on his/her account at any time by clicking on the section "My information".
614Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by DEEZER shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of DEEZER.
573615
574he Subscriber agrees to inform DEEZER, without delay, of any modification or update in the information provided at the time of his/her subscription to the Deezer Premium Service and notably any modification of his/her email address or bank details. The Subscriber can modify any of his/her information at any time on his/her account on the Site by clicking on the section "My information".
616Last Updated: September 1, 2017
575617
576The Subscriber must immediately inform DEEZER of any loss or unauthorized use of his/her account, his/her identification details or his/her password. The passwords and identification details are personal and the Subscriber agrees not to communicate them. As a result, the Subscriber is solely responsible for their use.
618## Terms of Service for Deezer HiFi
577619
578The Subscriber is solely liable for the consequences due to the misuse of his/her account by the Subscriber himself/herself or by a third party who has accessed the Subscriber's account due to the Subscriber's fault or negligence, and as a result, the Subscriber recognizes that DEEZER and all its partners, co-contracting party or right holders cannot be held liable in that respect.
620### Article 1 - General
579621
580### Article 8 - Price
622These Terms of Service (the "Terms of Service") describe the terms pursuant to which DEEZER S.A. a French corporation registered under number 898 969 852, with principal offices located 24 rue de Calais 75009 Paris (hereinafter "DEEZER") offers you access to the DEEZER website located at [www.deezer.com](http://www.deezer.com/) (hereinafter "Site"), the Deezer mobile application (hereinafter the "Application") and the associated services offered by DEEZER. These Terms of Service apply when you access, visit or use the Site and the Application.
581623
582The subscription price is indicated on the Site or in the Application and includes all taxes.
624DEEZER offers through the Site and the Application an unlimited service of on-demand music with a temporary download functionality through a paid subscription, accessible via the Site and the Application on certain compatible devices (hereinafter altogether "the HiFi Service").
583625
584DEEZER has the right to modify the price of every subscription offer from time to time. DEEZER will inform each Subscriber through an email to the address provided by the Subscriber at the time of subscription to the Deezer Premium Service (or as updated later in his/her account) of any price increase at least 15 (fifteen) days before it becomes effective. In case the Subscriber does not accept this increase, he/she can terminate his/her subscription, as provided under article 5.4 above, this termination will be effective at the following monthly subscription due date. If the Subscription is not terminated, the new price will be applicable to the Subscriber starting from the following monthly subscription payment due date.
626The purpose of these Terms of Service is to define the contractual and commercial relationship between DEEZER, on one hand, and you, as a subscriber to the HiFi Service (hereinafter the "Subscriber"), on the other hand.
585627
586Any increase of the VAT (Value Added Tax) will be impacted automatically and immediately on the Deezer Premium Service's price. It will be the same in case of the creation of a new tax that will be based on the price of the Deezer Premium Service and applicable to DEEZER. The conditions of termination applicable in case of modification of the Deezer Premium Service price mentioned above, will apply in the same conditions in case of a price modification resulting from the increase or creation of new taxes.
628**You accept these Terms of Service and agree to be bound by these Terms of Service when you access or visit the Site or the Application, use the HiFi Service or create a DEEZER account. Please read these Terms of Service carefully because they govern your access to and use of the HiFi Service and set forth legally binding terms applicable to your use of the HiFi Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU SHOULD NOT ACCESS OR USE THE HIFI SERVICE.**
587629
588It is reminded that the connection and communication (Internet) costs relating to the use of the Deezer Premium Service are not supported by DEEZER and must be supported only by the Subscriber.
630The use of the Site, the Applicationand the HiFi Service is only authorized for personal and private use, therefore any other use, including any use of the Site, the Application or the HiFi Service for a commercial purpose or any use of the Site, the Application or the HiFi Service in a public place or business, is strictly forbidden.
589631
590### Article 9 - Payment of the price
632### Article 2 - Description of the HiFi Service
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592Different payment methods are offered on the Site (credit cards, prepaid cards, PayPal and/or other payment methods).
634The HiFi Service is a service offered and operated by DEEZER that enables Subscribers to access the Site from a personal computer or the Application from a portable device and to listen to an unlimited amount of music higher quality audio (than is made available through DEEZER's other streaming services, where available) and without any advertisements.
593635
594Depending on the duration of the subscription chosen by the Subscriber, the Subscription price is paid monthly or annually. The first payment will be made at the time of subscription and then at the beginning of each month or year, by direct debit, until termination of the subscription, whether the termination initiates from the Subscriber or DEEZER.
636The main characteristics of the HiFi Service are the following:
595637
596In order to optimize the security of the transactions, DEEZER has chosen the payment systems of different companies with which it has entered into agreements. The guarantees provided by DEEZER in term of transactions security are identical to the ones obtained by DEEZER from these payment service providers.
638\- Unlimited access, on up to three authorized devices (personal computers or mobile devices) for the purpose of temporarily downloading the Recordings, in order to then listen to them when offline;
639\- No advertisements; and
640\- A majority of the music tracks available are in the following format: FLAC audio bitstream data (CD quality, 16 bits, stereo, 44.1kHz).
597641
598Except in the case of proof to the contrary, the computerized records, kept within the DEEZER computer systems and its partners' within reasonable security conditions, will be considered as proof of communications, orders, validations and payments which occurred between the Subscriber and DEEZER. This information shall be considered as valid proof between the Subscriber and DEEZER unless the Subscriber can provide conflicting written proof.
642As a Subscriber, you may access the HiFi Service until the end of your subscription, as indicated on the subscription page of the Site or the Application at the time of such subscription.
599643
600### Article 10 - Subscriber liability
644DEEZER may offer the HiFi Service for limited time periods at retail prices established from time to time by DEEZER in the subscription page on the Site or the Application (hereinafter the "Special Offers"). DEEZER reserves the right, in its discretion, to determine Subscribers' eligibility for the Special Offers and to withdraw or to modify a Special Offer, in DEEZER's sole discretion.
601645
602i) Each Subscriber can post messages, information and/or comments on the Site and the desktop application. The Subscriber is solely liable for any messages, content or information published by himself/herself on the Site or desktop application; DEEZER is only considered as an Internet service hosting provider and cannot be held liable for the content published by the users on the Site or desktop application and upon which DEEZER has no control or supervision.
646Once your subscription is expired or terminated, you have no right to access or use the HiFi Service.
603647
604The Subscriber expressly agrees, in order to avoid being held liable, that he/she will ensure that the messages published by him/her on the Site or desktop application do not, notably but not limited to:
648The HiFi Service can be used on limited compatible devices. The list of these devices can be found [here](http://www.deezer.com/devices).
605649
606\- Constitute a violation of third-party intellectual property rights; therefore the Subscriber agrees not to publish, on the Site or desktop application, content protected under copyright law, a registered trademark or more generally any content protected by any other intellectual property rights held by third parties without the prior consent of the owner or owners of the said rights;
650The HiFi Service is accessible from a personal computer operating the Microsoft Windows, Google Chrome OS or Apple OSX operating systems by connecting to the Site or from a portable device operating the Apple iOS or Google Android operating systems through the Application. The Application is available for download through the Apple iTunes and Google Android app stores.
607651
608\- Contain any computer virus which can interrupt, destroy or affect the Site's or desktop application's functionalities;
652The HiFi Service is also accessible without an internet connection, by clicking on the "Offline Mode" button of the Site or the Application. Subscribers must use the Google Chrome browser to be able to use the Offline Mode on a personal computer. By using the Offline Mode, you will only be able access the tracks, albums and playlists that you have previously temporarily downloaded, from the Site or the Application, on that particular computer or portable device.
609653
610\- Glorify crimes or contain illegal or threatening messages or of a pedophile, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic, revisionist nature or against public orders and good manners;
654The temporary downloading of tracks, albums or playlists is possible through the Offline Mode button which appears on the pages of the Site or of the Application. You can then listen to the downloaded Recordings without an Internet connection or mobile network connection during the entire duration of the Subscription; however you will not be able to transfer the Recordings to any other computer, portable device or other physical storage medium.
611655
612\- Infringe a right to privacy or violate the dignity of third parties;
656### Article 3 - Use of the HiFi Service
613657
614\- Encourage violence, fanaticism, crime, suicide, hate linked to religion, race, sex, sexual preferences, ethnicity;
658Your access to the Site or the Application and the use of the HiFi Service requires a high-speed internet connection. For Subscribers accessing the HiFi Service via the Application on a mobile device, DEEZER recommends the use of at least a third generation (3G) mobile network connection.
615659
616\- Harass other Users;
660### 3.1. License
617661
618\- Promote or encourage any criminal activity or enterprise;
662As a Subscriber, DEEZER grants you a limited, non-exclusive, non-transferable and revocable license to access and use the HiFi Service for the duration of your subscription to the HiFi Service, unless terminated by DEEZER or you in accordance with the terms and conditions of these Terms of Service.
619663
620\- Request and/or communicate passwords and/or personal information for commercial or illegal purpose;
664### 3.2 Access
621665
622\- Transmit emails chains, unsolicited massive emails, instant messages, advertising messages and spam messages;
666Prior to the use of the HiFi Service, you must subscribe to the HiFi Service on the Site or the Application.
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624\- Contain advertisement and/or solicitation in order to offer products and/or services to sell through the Site or the Application;
668In order to subscribe to the HiFi Service, you must:
625669
626\- Contain addresses or Internet links transferring to external website which content violates any applicable law and/or regulation, infringes the rights of third parties or violates the Terms.
670\- Create an account on the Site or download and create an account on the Application or, if the user is already registered, log on the Site or on the Application;
671\- Provide the information requested on the subscription form;
672\- Consent to these Terms of Service;
673\- Pay the subscription price for the HiFi Service through one of the payment systems offered;
674\- Confirm your subscription.
627675
628ii) The Subscriber agrees not to use any automatic system such as scripts in the purpose of adding Users to his/her User account and/or send comments or messages.
676As a Subscriber, you hereby agree to provide true, accurate and complete information in connection with your registration on the Site, the Application and the HiFi Service.
629677
630iii) DEEZER has the right, in case the Subscriber violates any laws or infringes any rights of third parties, to provide upon request of any legitimate authority (courts, administrative authorities, and police forces), any information enabling or facilitating the identification of the offender.
678Once your registration has been validated, DEEZER will send to you a confirmation email at the email address you provided at the time of registration. Your subscription to the HiFi Service will only become effective when DEEZER sends the confirmation email mentioned above. DEEZER recommends that you save and/or print the confirmation email.
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632### Article 11 - Disclaimer of warranties
680You can modify your account information, including the password associated with your DEEZER account at any time by clicking on the section "My information" of your account.
633681
634The Subscriber declares being informed of the confines and limitations of the Internet network.
682You hereby agree to inform DEEZER, without delay, of any modification to the information you provided at the time of the HiFi Service subscription and notably any modification of the email address or bank details you provided in connection with your subscription.
635683
636As a result, DEEZER disclaims liability for any dysfunction in the Deezer Premium Service access, the opening and consultation speed of the Site or the Application pages, the listening speed of the tracks, the temporary or definitive inaccessibility of the Deezer Premium Service, and the fraudulent use by third parties of the information provided on the Site or the Application.
684You must immediately inform DEEZER if you lose your account credentials (i.e. account name and password) or if you become aware of any unauthorized use of your account. Your password and identification details are personal and you hereby agree not to disclose such information to any third parties. You hereby agree to be solely responsible for the safekeeping of your account credentials.
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638Therefore, it is the Subscriber's duty to protect his/her equipment notably against any form of intrusion and/or virus contamination and for which DEEZER can never be held liable. DEEZER can never be held liable of any dysfunction or damage caused to the Subscriber's equipment.
686As a Subscriber, you may activate the HiFi Service on a personal computer operating the Microsoft Windows, Google Chrome OS or Apple OSX operating systems or a portable device operating the Apple iOS or Google Android operating systems registered with the HiFi Service. The HiFi Service is only accessible from one connection at a time (personal computer or compatible portable device registered). If DEEZER determines that you are simultaneously accessing the HiFi Service from multiple devices or computers, DEEZER may terminate your subscription and/or your access to the Site, the Application and the HiFi Service.
639687
640More broadly, DEEZER disclaims any liability if a breach of any obligation results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning and more broadly any unstoppable and unforeseen event which prevent the good execution of the orders.
688### 3.3 Price
641689
642DEEZER disclaims liability in case the Deezer Premium Service would turn out to be incompatible with certain equipment and/or functionalities of the equipment of the Subscriber.
690The subscription price of the HiFi Service is indicated on the Site or on the Application and includes all applicable sales taxes, if any.
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644Finally, the Subscriber is solely liable of his/her use of the Deezer Premium Service and cannot hold DEEZER liable for any claim and/or procedure made against him/her in that respect. The Subscriber shall take in charge every claim, complaint or objection and more broadly any proceedings filed against DEEZER by a third party in relation to the Subscriber's use of the Deezer Premium Service.
692DEEZER has the right to modify the subscription price from time to time. DEEZER will inform you of any price increase fifteen (15) calendar days before it becomes effective by sending you an email to the email address you have provided. In such case, if you are not willing to accept the price increase proposed by DEEZER, you may terminate your subscription via the termination section of the Site. As described in Article 6.3 below, this termination will become effective at the end of the then-current subscription term. If you do not terminate your subscription to the HiFi Service, you will be charged the new price beginning after the fifteen (15) day notice period.
645693
646### Article 12 - Intellectual property
694Any increase of the applicable sales tax will be automatically and immediately impacted on the HiFi Service price. It will be the same in case of the creation of a new tax that will be based on the price of the HiFi Service and applicable to DEEZER. The conditions for termination applicable in case of modification of the HiFi Service price mentioned above, will apply in the same conditions in case of a modification resulting from the increase or creation of new taxes.
647695
648The general structure of the Site, the Application, the Deezer Premium Service and all elements composing it (such as but not limited to the logos, domain names, tracks or videos, and there associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the tracks or videos but also the visuals on the packaging) are the exclusive property of DEEZER and/or its licensors (notably the records and videos producers, the record companies, authors society).
696Different payment methods are accepted on the Site and the Application, including, Visa or MasterCard credit cards and PayPal).
649697
650These elements are protected by intellectual property laws and others, and notably copyright. The Subscriber can only use these elements for the purpose of using the Deezer Premium Service, in compliance with the Terms.
698It is underlined that when a Subscriber communicates to DEEZER his bank details, they are not kept by DEEZER.
651699
652Any total or partial representation of the Site, the Application, the Deezer Premium Service and/or the elements composing them (as described above) by any means without the express consent of DEEZER is therefore forbidden and would be considered as infringement of the law.
700The subscription price is paid in advance on a monthly basis. By agreeing to the subscription, you authorize DEEZER to charge you for the subscription fees on a monthly basis. When transferring Subscribers' data and payment information to its third party payment service providers, DEEZER uses reasonable security measures, such as encryption, to protect such information from unauthorized use or disclosure. Additionally, DEEZER's third party payment providers strive to adhere to PCI/DSS standards of transactions security.
653701
654Any hyperlink to the Site and using the "framing" technique (programming technique offering the possibility to divide browser windows into different independent frames in order to display the content of an external website) or the "in-line linking" technique (programming to make disappear into a webpage one element extracted from another site, which saves stock space on the hard drive where the Site is hosted and enables to hide from an uninformed user the initial content of which the element is part) is strictly prohibited. Any artificial use of a Deezer account (such use for instance aiming at artificially or abnormally increase the plays of certain specific music tracks), via automated processes such as robots and scripts or via any other means, is strictly prohibited.
702In case you switch from the Premium+ Service to the HiFi Service, the upgrade will take effect immediately as authorised by DEEZER. Henceforth, DEEZER will immediately charge you for the newly activated HiFi Service subscription, regardless of whether the subscription period for the Premium+ Service has come to an end or not, meaning that if you are upgrading to the HiFi Service during the Premium+ Service subscription period, DEEZER will charge you for both Services.
655703
656The Recordings made available within the Deezer Premium Service are numerical files protected by national and international copyright and neighboring rights. They may only therefore be listened to within a private or family setting. Any use for a non-private purpose will expose the Subscriber to civil and/or criminal proceedings. Any other use of the Recordings is strictly forbidden and more particularly any download or attempt to download, any transfer or attempt to transfer permanently or temporarily on the hard drive of a computer or any other device (notably music players), any burn or attempt to burn a CD or any other support are expressly forbidden. Any resale, exchange or renting of these files is strictly prohibited.
704There will be no refund of the price paid for the Premium+ Service subscription due to the upgrade.
657705
658The Subscriber recognizes that the Recordings made available to him/her within the Site and Application are protected by technical protection measures set up by DEEZER in order to prevent or limit, depending on the technology offered, the unauthorized use of the Recordings.
706### Article 4 - Availability and modification of the HiFi Service
659707
660The Subscriber agrees not to bypass, by any means, these technical protection measures, for the purpose of downloading these files and enabling their storing within the storage unit of his/her reception terminal whatever it is (computer, mobile phone, music player and other portable music disc player, etc.).
708DEEZER uses reasonable efforts to make the HiFi Service accessible 24 hours a day and 7 days a week; however, DEEZER reserves the right, without prior notice or compensation, to temporarily remove access to the HiFi Service, as deemed necessary by DEEZER, including to perform maintenance of the Site, the Application or the HiFi Service.
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662### Article 13 - Suspension and/or termination initiated by DEEZER or the Subscriber
710DEEZER will use reasonable efforts to provide you with at least twenty four (24) hours' notice prior to any HiFi Service interruptions.
663711
664Without prejudice of any damages that DEEZER may seek, DEEZER has the right to suspend access to the Deezer Premium Service to a Subscriber and/or terminate, without notice or compensation, his/her subscription to the Deezer Premium Service in case:
712If DEEZER elects, in its discretion, to discontinue access to the Site, the Application or the HiFi Service, DEEZER will notify you via the Site or the Application and you will not be charged any additional subscription fees after the date your access to Site, the Application or the HiFi Service has been terminated.
665713
666\- The Subscriber does not respect the Terms and notably:
714### Article 5 - Terms of Access to the Site and the HiFi Service
667715
668- Does not respect the intellectual property rights of DEEZER or its licensors;
669- Bypasses or attempts to bypass the technical measures of protection set up by DEEZER;
670- Uses multiple simultaneous connections to the same account or attempts to do so;
671- Provides false information at the time of his/her subscription to the Deezer Premium Service or later.
716In order to access the Site, the Application or the HiFi Service, you must be located in the United States of America and be at least 13 years of age.
672717
673\- Total or partial default of payment by the Subscriber of the price of his/her subscription.
718If you are not at least 13 years of age, you shall not attempt to access the Site or the Application and use the HiFi Service.
674719
675\- Activities prejudicial to DEEZER's commercial interests.
720If you are between 13 and 17 years of age, you must have your parents' or guardians' consent to register for the Site or the Application and/or subscribe to the HiFi Service.
676721
677As far as the Subscriber is concerned, he/she will be able to terminate, without notice nor compensation to the benefit of DEEZER, his/her contract or subscription if DEEZER breaches its substantial obligations defined in the Terms or with a legitimate reason such as, notably, his/her computer being stolen or technical inconsistency of the Deezer Premium Service with the Subscriber's equipment.
722### Article 6 - Term and termination
678723
679### Article 14 - Modifications of the Terms
724### 6.1 Term and Renewal
680725
681DEEZER has the right to modify in its sole discretion the Terms. DEEZER will inform the Subscriber, through an email at the email address given on the Subscriber's account, of any modification of the Terms at least 1 (one) month prior to their entry into force. In case the Subscriber does not accept these modifications, he/she will be free to terminate his/her subscription from his/her account on the Site as mentioned in article 5.4 above, this termination becoming effective at the next monthly subscription due date. In case the Subscriber does not terminate his/her subscription, the updated Terms will therefore apply starting from 1 (one) month upon receipt of the notice of modification of the Terms.
726If you are a Subscriber, the initial term of your subscription to the HiFi Service will be one (1) month. Thereafter, your subscription to the HiFi Service will be automatically renewed for subsequent one (1) month periods unless you have provided prior notice to DEEZER of your wish to discontinue your HiFi Service subscription. If you cancel your HiFi Service subscription, the cancellation will become effective on the last day of the billing cycle during which we received your cancellation request. If your subscription is set to automatically renew, you hereby authorize DEEZER to charge you for the then-current HiFi Service subscription fees for each month of your subscription term.
682727
683### Article 15 - Community and Customer Service
728Instructions on how to cancel your HiFi Service subscription are set forth in Article 6.3 below.
684729
685As part of his/her access and use of the Deezer Premium Service, DEEZER provides to the Subscriber a community, accessible through the website deezercommunity.com (the "Community") where the Subscriber will, notably, be able to find information regarding the Deezer Premium Service and interact with other Subscribers.
730**Trial Periods**
686731
687On the Community, the Subscriber will be able, notably, to:
732DEEZER may also make available on the Site or the Application access to the HiFi Service for trial periods of varying duration ("Trial Periods"). Unless otherwise indicated, your use of the HiFi Service during any Trial Periods will be subject to these Terms of Service and will be limited to one Trial Period per person. Unless otherwise indicated on the Site or Application, following the Trial Period, we will automatically convert your Trial Period subscription into a paid subscription for the HiFi Service unless you cancel your subscription prior to the expiration of the Trial Period. You hereby authorize DEEZER to charge you for the then-current subscription fees for the HiFi Service for each month following the expiration of your Trial Period and continuing through the month in which you cancel your subscription term as described in Article 6.3.
688733
689\- consult and participate to a forum through posts, reactions and comments;
734### 6.2. No Refund
690735
691\- post images, links, and other content;
736The HiFi Service subscription fees are paid in advance. You hereby agree and acknowledge that once you have authorized DEEZER to charge you for the HiFi Service subscription fees, you will not be entitled to receive a refund for such payment amounts. If you wish to cancel your account or discontinue your subscription to the HiFi Service, you can contact us as set forth in Article 6.3 below.
692737
693\- interact with other Subscribers, DEEZER's moderators, and/or the Customer Service through comments and/or private messages.
738### 6.3 Termination
694739
695Use of the Community is subject to the consent and compliance with its terms and conditions available here: [https://en.deezercommunity.com/site/terms](https://en.deezercommunity.com/site/terms).
740#### 6.3.1. Subscription Termination Initiated by a Subscriber
696741
697As part of his/her access and use of the Deezer Premium Service, DEEZER also provides to the Subscriber a customer support service which can answer to questions the Subscriber may have on his/her account and on the Services made available by DEEZER (the "Customer Service").
742If you wish to terminate your HiFi Service subscription (or if you wish to not be enrolled in the HiFi Service subscription following a Trial Period), you can do so by (1) accessing the "Cancel my subscription" section of the Site or (2) emailing us [here](http://support.deezer.com/hc/en-gb/requests/new). Termination of your HiFi Service subscription will become effective at the end of the current monthly subscription period, provided that you have provided notice of your intent to terminate at least forty-eight hours (48h) prior to the end of the current subscription period. If you fail to notify DEEZER forty-eight hours (48h) prior to the end of the current subscription period, we reserve the right to charge you HiFi Service subscription fees for the following month.
698743
699The Subscriber will be able, without this list being limitative, to ask information relating to:
744If your subscription was made via a partner website (such as iTunes), you must first check the conditions from the "My account" section on the Site, then follow the instructions to terminate the subscription. You should be aware that conditions (how to terminate, within what time frame, etc.) may vary from one platform to another.
700745
701\- his/her access and use of the Services provided by DEEZER;
746#### 6.3.2. Termination initiated by DEEZER
702747
703\- his/her account and the modification of his/her account information;
748DEEZER may suspend, terminate or modify your access to the Site, the Application or HiFi Service if DEEZER believes that you are failing to comply with these Terms of Service or for any actual or suspected illegal or improper use of the Site, the Application or the HiFi Service, with or without notice to you.
704749
705\- his/her subscriptions and payments.
750Without limiting the foregoing, DEEZER may, without notice or compensation to you, terminate your access to the Site, the Application or the HiFi Service (including your HiFi Service subscription) if it believes you have violated these Terms of Service, including, without limitation, if you have done or attempted to do any of the following:
706751
707The Subscriber can contact DEEZER through the Site by clicking on the section "[Contact us](https://www.deezer.com/support)" or by sending a mail to the following address:
752- Infringe, misappropriate or violate the intellectual property rights of DEEZER, its licensors or any third party;
753- Bypass or attempt to bypass any technical or security measures on the Site or Application;
754- Use, or attempt to use, multiple simultaneous connections to the same account;
755- Provide false information to DEEZER in connection with your subscription or account registration;
756- Use, or attempt to use the Site, the Application or the HiFi Service in connection with any (i) any commercial purpose, (ii) any business or public premises or (iii) any other non-personal or non-private use.
708757
709Deezer
71024 rue de Calais 75009 Paris
711FRANCE
758### Article 7 - User Content and Other User Restrictions
712759
713The Customer Support will use reasonable endeavors to respond to such requests in a reasonable timeframe but can make no guarantees or warranties of any kind that such requests shall be answered within a timeframe corresponding to the Subscriber's expectations, or that the answer shall be entirely satisfactory for such Subscriber.
760You are solely liable for any messages, communications, content, images, material, data or information that you publish or provide on the Site, the Application or through the HiFi Service ("Subscriber Content").
714761
715### Article 16 - Nullity of a term
762By transmitting or submitting any Subscriber Content while using the Site, the Application or the HiFi Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the Subscriber Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by DEEZER in accordance with its Privacy Policy.
716763
717In case one of the clauses of the Terms would be declared void or voidable for any reason, the other clauses will still apply without any modification.
764You further affirm, represent and warrant that your Subscriber Content (a) does not contain content or material that is threatening, pornographic, defamatory, obscene, hateful, racist, anti-semitic, or xenophobic, (b) is not intended to harass any third party, (c) does not contain advertisement and/or solicitation for any third party, products and/or services and (d) does not contain any unsolicited or spam messages.
718765
719### Article 17 - Jurisdiction - Claims and litigation
766You own your Subscriber Content. You hereby grant DEEZER a perpetual and irrevocable worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your Subscriber Content as well as all modified and derivative works thereof in connection with our provision of the HiFi Service, including marketing and promotions thereof.
720767
721The Terms are governed by the law of the country wherein the Subscriber has his/her habitual residence.
768You agree not to:
722769
723Any claim relating to the application of these Terms of Use must be emailed to our Customer Service via the Site by clicking on the link [http://www.deezer.com/support](http://www.deezer.com/support), or mailed to the address Deezer - Customer Service - 24 rue de Calais 75009 Paris - FRANCE, in order to be promptly processed.
770- use any automatic system, such as scripts, to add members to your profile or to send comments or messages on the Site or the Application.
771- Create or use any hyperlink to the Site using the "framing" technique (programming technique offering the possibility to divide browser windows into different independent frames in order to display the content of an external website) or the "in-line linking" technique (programming to make disappear into a webpage one element extracted from another site, which saves stock space on the hard drive where the Site is hosted and enables to hide from an uninformed user the initial content of which the element is part); or
772- Artificially use a DEEZER account, such as to artificially increase the plays of certain tracks, including via automated processes such as robots and scripts or via any other means.
724773
725For Subscribers residing in a member state of the European Union, in the event the claim would not be solved through Customer Service or would remain without response within more than two (2) months after its reception by Customer Service, the Subscriber may choose to submit the dispute to an out-of-court settlement procedure through the European platform for alternative and online dispute resolution at the following link: [https://webgate.ec.europa.eu/odr/](https://webgate.ec.europa.eu/odr/).
774### Article 8 - Privacy Policy
726775
727In case of litigation, the parties will try to reach an amicable agreement before any judicial proceeding. If no amicable agreement can be reached, any claim regarding the validity, the interpretation and/or the execution of the Terms will have to be brought before the court where the Subscriber has his/her habitual residence.
776In connection with your use of the Site, the Application and the HiFi Service, please review the DEEZER Privacy Policy, located [here](http://www.deezer.com/legal/personal-datas), in order to understand how we collect and use information about you when you access, visit or use the Site, the Application or the HiFi Service. The DEEZER Privacy Policy is part of and is governed by these Terms of Service and by accepting these Terms of Service, you agree to be bound by the terms of the DEEZER Privacy Policy, and agree that we may use information collected from you in accordance with the DEEZER Privacy Policy.
728777
729### Article 18 - Specific conditions for the Deezer Family Service
778### Article 9 - Limitation of Liability; Indemnification
730779
731The hereby Terms which govern the Deezer Premium Service provided by DEEZER, fully apply to the Deezer Family Service (as defined below), except for specific provisions below.
780YOU UNDERSTAND AND AGREE THAT DEEZER AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE "DEEZER PARTIES") WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A DEEZER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SITE OR THE HIFI SERVICE. DEEZER's maximum liability to you for direct damages is limited to the amount you paid to DEEZER for use of the HiFi Service during the twelve-month period immediately preceding the event that gave rise to such damages.
732781
733The Deezer Family Service enables the members of the same household to access the Deezer Family Service by creating a master account to which can be linked up to five (5) accounts. The linked accounts will be created by the Subscriber who shall have parental authority or parental authorization in order to create an account for a minor under 16. The users of all such linked accounts benefit from the same features as provided by the Deezer Premium Service, except for the community features. All users of the Deezer Family Service can access and use the service simultaneously.
782You hereby agree to indemnify and hold the DEEZER Parties harmless from any and all damages, losses, costs, claims or demands (including legal fees and court costs) and expenses incurred, suffered or expended by DEEZER as a consequence of any third party's claim relating to or arising out of: (i) your use of the Site, Application or the HiFi Service or (ii) your violation of any term or condition of these Terms of Service.
734783
735However, it is hereby specified that as per the agreements in effect between DEEZER and the right holders, some tracks available in the Deezer Premium Service music catalog may not be available through the Deezer Family Service. As a result, the Subscriber, subscriber to the Deezer Family Service, would lose access to such tracks on all his/her accounts including the one created to access his/her Deezer Premium Service subscription.
784### Article 10 - DEEZER Digital Millennium Copyright Act Policy
736785
737The Deezer Family Service subscription and its use are restricted to members of the same household residing at the same address. Therefore, DEEZER reserves the right, in its discretion, to ask the Subscriber at any time for proof that such requirement is fulfilled.
786If you believe that content available on or through the Site or the Application or accessible via links posted on the Site or the Application infringes one or more of your copyrights, you or your agent may submit a Digital Millennium Copyright Act ("DMCA") notification to DEEZER, as set forth in this DEEZER DMCA Policy.
738787
739The subscription to the Deezer Family Service is not available for:
788The notification shall include all of the information described in this DEEZER DMCA Policy ("Notification") to DEEZER's Copyright Agent by mail or email using the contact information provided below. A copy of this Notification will be sent to the person who posted the material addressed in the Notification.
740789
741- any person who wishes to subscribe via iTunes;
742- any person who uses as means of payment the first version of the Paypal app;
743- subscribers to the Deezer Premium Service who have subscribed to a 12-month subscription.
790Pursuant to federal law, you may be held liable for damages and attorneys' fees if you make any material misrepresentations in a Notification. Therefore, if you are not sure whether content located on or accessible via a link from the Site infringes your copyright, you should contact an attorney.
744791
745The Deezer Premium subscribers who wish to subscribe to the Deezer Family Service are informed that by subscribing to the Deezer Family Service, they will be immediately charged for the amount of the monthly subscription fee of the Deezer Family Service and at the same time, their subscription to the Deezer Premium Service will be simultaneously and automatically terminated by DEEZER. Any current month subscription to the Deezer Premium Service already paid for will not be refunded.
792A Notification should include the following:
746793
747In respect of the Deezer Family Service, the Subscriber, holder of the master account, is liable for the compliance by all users of the linked accounts to the Terms.
794- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
795- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
796- Identification of the material that is claimed to be infringing or to be the subject of infringing activity (or links to such material) and information reasonably sufficient to permit the service provider to locate the material or link so that it may be removed or access to it disabled. If possible, please provide links to the exact location so that we may quickly and more easily locate the material or link.
797- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
798- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
799- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
748800
749In respect of the Deezer Family Service, the temporary download is available for the master account on up to three (3) authorized devices and on up to two (2) authorized devices for each linked account.
801Notifications should be sent to our Copyright Agent at:
750802
751The Deezer Family Service is available through only one connection by account at a time. DEEZER implements technical measures to verify the absence of multiple simultaneous connections on the same account and therefore detect multiple connection attempts. Creation and deletion of any linked account can be made through the "Settings" page of the master account. The access to the Deezer Family Service for users of the linked accounts is available through the "Settings" page of the master account.
803Address: Deezer S.A., 24 rue de Calais 75009 Paris
804Phone number: +33 (0)1 55 80 69 00
752805
753Without prejudice of any damages that DEEZER may claim, DEEZER has the right to suspend and/or terminate, without notice or compensation, access to the Deezer Family Service by a Subscriber as provided for in article 13 of the Terms, including if the Subscriber or one of the users of attached linked account does not comply with the Terms.
806Notifications shall be sent to the e-mail address: [dmca@deezer.com](mailto:dmca@deezer.com)
754807
755### Article 19 - Specific conditions for the Deezer Student Service
808Notifications will be forwarded to Subscribers whose material or links are the subject of the Notification and to chillingeffects.org.
756809
757The present Terms which govern the Deezer Premium Service provided by DEEZER, also apply in full to the Deezer Student Service (as defined below), except for the specific provisions set forth below.
810### Article 11 - Disclaimer of Warranties
758811
759The Deezer Student Service is only available to students from 18 to 25 years old who are enrolled in a college or university in a country where the service is available. DEEZER has appointed a partner to verify that the Subscriber is eligible to the Deezer Student Service when subscribing to the service for the first time and before each renewal. DEEZER also reserves the right to verify such eligibility at any time.
812THE SITE, THE APPLICATION AND THE HIFI SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE DEEZER PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE DEEZER PARTIES DO NOT WARRANT THAT THE SITE, THE APPLICATION OR HIFI SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE HIFI SERVICE OR THE SERVERS THAT MAKE THE HIFI SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT DESCRIPTIONS OR DEPICTIONS, OR OTHER CONTENT OFFERED AS PART OF THE HIFI SERVICE, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
760813
761Subscription to the Deezer Student Service is not available to:
814YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, THE APPLICATION AND THE HIFI SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SITE, THE APPLICATION OR THE HIFI SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SITE, THE APPLICATION OR THE HIFI SERVICE. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE, THE APPLICATION OR THE HIFI SERVICE FOR ANY FEATURE OR PART THEREOF AT ANY TIME. THE DEEZER PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.
762815
763- subscribers to the Deezer Premium Service (full price);
764- subscribers to the Deezer HiFi Service;
765- beneficiaries of a current promotional offer.
816The music catalogue available as part of the HiFi Service is linked to the contracts in effect with third party rights holders and may therefore change. Therefore, DEEZER cannot guarantee the availability of any determined track or album or any artist or group in the HiFi Service catalogue. You agree that DEEZER will not be held liable for the removal of parts of the catalogue content offered.
766817
767In any of the above cases, in order to subscribe to the Deezer Student Service, the ongoing subscription or promotional offer must be priorly terminated or expired.
818DEEZER shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of DEEZER, including without limitation any failure to perform hereunder, such as, Internet or equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
768819
769Subscription to the Deezer Student Service is not available via iTunes or via telco partners.
820Finally, you are solely liable of your use of the Site, the Application and the HiFi Service and you agree that DEEZER will not be liable for any claim arising from your use of the Site, the Application or the HiFi Service.
770821
771Finally, the holder of a master account of the Deezer Family Service is not eligible to subscribe to the Deezer Student Service.
822### Article 12 - Data Collection Systems
772823
773The Deezer Student Service is available for a maximum of twelve consecutive months and can be renewed up to three times per Subscriber, each renewal period being limited to twelve consecutive months. If the Deezer Student Service is terminated for whatever reason at any time, such termination is definitive and the Subscriber will no longer be eligible to the Deezer Student Service.
824DEEZER and its partners implement data collection systems on Subscribers' computer.
774825
775At the end of the Deezer Student Service (including if the subscription is not renewed by the Subscriber), the Deezer Student Service shall be automatically converted into a full price Deezer Premium subscription. As a result, the Subscriber will be charged for the full price of the monthly Deezer Premium Service until cancellation of his/her subscription; the Subscriber is hereby informed that he/she can cancel his/her subscription at any time, as per the termination terms hereunder.
826In order to obtain all information regarding (i) the use of such data collection systems by DEEZER and its partners and (ii) the procedure applicable to prevent the implementation of such data collection systems, you can visit the section "Privacy Policy" on the Site and the Application or review Section 7 of the DEEZER Privacy Policy, located [here](http://www.deezer.com/legal/personal-datas).
776827
777### Article 20 - Specific conditions for the Deezer Duo Service
828### Article 13 - Intellectual Property
778829
779These Terms, which govern the Deezer Premium Service provided by DEEZER, also apply in full to the Deezer Duo Service (as defined below), except for the specific provisions below. The Deezer Duo Service may only be accessible to certain users and/or within certain territories. You may not be offered to subscribe to this offer in your country.
830The Site, the Application, the HiFi Service and all elements composing of the foregoing (such as but not limited to the logos, domain names, tracks or videos, and there associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the tracks or videos including the visuals on the packaging) (the "DEEZER Content") are the exclusive property of DEEZER and/or its licensors. The DEEZER Content is protected by applicable laws, including intellectual property laws. You may only access and use the DEEZER Content for the purpose of using the HiFi Service in accordance with these Terms of Service.
780831
781The Deezer Duo Service enables the members of the same household to access the Deezer Duo Service by creating a master account to which another account or a profile can be linked. The linked profile will be created by the Subscriber, who shall have parental authority or parental authorisation in order to create a profile for a minor under 16. The linked account will be invited by the master account via email. The user of such a linked account or profile benefits from the same features as provided by the Deezer Premium Service, except for the community features. All users of the Deezer Duo Service can access and use the service simultaneously.
832Any unauthorized use of the Site, the Application, the HiFi Service or the DEEZER Content without the express consent of DEEZER is strictly forbidden.
782833
783However, it is hereby specified that in accordance with the agreements in effect between DEEZER and the rights-holders, some tracks available in the Deezer Premium Service music catalogue may not be available through the Deezer Duo Service. As a result, the Subscriber who has signed up for the Deezer Duo Service would lose access to such tracks on all his/her accounts including the one created to access his/her Deezer Premium Service subscription.
834The Recordings are protected by U.S. Copyright laws. Therefore, you may not use the HiFi Service for any commercial purposes, including playing the Recordings in a business environment or public place. You may only access the Site, the Application and use the HiFi Service for your own personal use.
784835
785The Deezer Duo Service subscription and its use are restricted to members of the same household residing at the same address. Therefore, DEEZER reserves the right, at its discretion, to ask the Subscriber at any time for proof that this requirement is fulfilled.
836Except as provided in these Terms of Service, any other use of the Recordings is strictly prohibited. Except as provided in these Terms of Service, you shall not download or attempt to download, transfer or attempt to transfer, permanently or temporarily, the Recordings on the hard drive of a computer or any other device (notably music players), or other physical storage medium (e.g. CD or hard drive). Any resale, exchange or renting of tracks or Recordings offered on the Site is strictly prohibited.
786837
787Subscription to the Deezer Duo Service is not available for any person who uses as means of payment an old version of the Paypal app.
838DEEZER may implement or use technical protection measures to prevent the unauthorized use of the Recordings. You hereby agree not to bypass, or attempt to bypass, by any means, these technical protection measures.
788839
789Deezer Premium subscribers who wish to subscribe to the Deezer Duo Service are informed that by subscribing to the Deezer Duo Service, they will be charged immediately for the amount of the monthly subscription fee for the Deezer Duo Service and at the same time, their subscription to the Deezer Premium Service will be cancelled automatically by DEEZER. Any current monthly subscription to the Deezer Premium Service already paid for will not be refunded.
840### Article 14 - Modifications of the Terms of Service
790841
791In respect of the Deezer Duo Service, the Subscriber who holds the master account is liable for compliance by the other user of the linked account or profile with the Terms.
842DEEZER may amend these Terms of Service from time to time. We will post any material changes to these Terms of Service on the Site with a notice advising of the changes at least thirty (30) days before the effective date of the changes. If you have provided us with your email address we also will endevor to notify you of material changes to these Terms of Service by sending an email at least fifteen (15) days before the effective date of the changes to the email address you most recently provided to us. If you do not agree to the new terms, you may terminate your account within the applicable thirty (30) day period by (1) accessing the "Cancel my subscription" section of the Site or (2) emailing us [here](http://support.deezer.com/hc/en-gb/requests/news) and you will not be bound by the amended terms. Otherwise, the new terms will take effect after thirty (30) days.
792843
793In respect of the Deezer Duo Service, temporary downloading is available for the master account on up to three (3) authorised devices and on up to two (2) authorised devices for each linked account or profile.
844### Article 15 - Contact DEEZER
794845
795The Deezer Duo Service is available through only one connection per account or profile at a time. DEEZER implements technical measures to verify multiple simultaneous connections from the same account and is therefore able to detect any attempts at multiple connections. The linked account can be created and deleted through the "Settings" page of the master account. Access to the Deezer Duo Service for the user of the linked account or profile is available through the "Settings" page of the master account.
846For any information or question regarding the HiFi Service, you can contact DEEZER through the Site by clicking [here](http://support.deezer.com/hc/en-gb/requests/news).
796847
797Without prejudice to any damages that DEEZER may claim, DEEZER has the right to suspend and/or cancel, without notice or compensation, access to the Deezer Duo Service by a Subscriber as provided for in Article 13 of the Terms, if the Subscriber or one the user of a linked account or profile does not comply with the Terms."
848### Article 16 - Nullity of a term
798849
799## Terms of Use and Sale of the Deezer HiFi Service
850You and DEEZER agree that if any portion of these Terms of Service or of the DEEZER Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Service, which shall continue to be in full force and effect.
800851
801### Article 1 - General remarks
852### Article 17 - Choice of Law
802853
803Welcome to the Terms of Use and Sale of the Deezer HiFi Service which includes the website accessible at http://www.deezer.com (hereinafter the "Site"), and its desktop, tablet and mobile applications (hereinafter the "Application"). The Site and Application are created, developed and operated by DEEZER S.A. (hereinafter "DEEZER") a French corporation registered under number 898 969 852, with principal offices located at 24 rue de Calais 75009 Paris - FRANCE.
854These Terms of Service are governed by the laws of the state of New York, without regard to conflict of law principles, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in New York. You consent to the exclusive jurisdiction of the federal or state courts located in New York County, New York.
804855
805The hereby conditions of use and sale (hereinafter the "Terms") exclusively govern the Deezer HiFi Service provided by DEEZER. These conditions apply to the exclusion of any other terms, notably the ones in effect for other Services - free or paid - offered on the Site or the Application.
856### Article 18 - Arbitration Agreement and Waiver of Class Remedies
806857
807The purpose of the hereby Terms is to define the contractual and commercial relationship between DEEZER, on one hand, and any subscriber to the Deezer HiFi Service (hereinafter the "Subscriber"), on the other hand.
858The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms of Service (including its formation, performance and breach) and your use of the Site or the HiFi Service shall be finally settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
808859
809The use of the Site and of the Deezer HiFi Service is only authorized for a personal and private use, therefore any other use, notably in public premises and businesses, is strictly forbidden.
860**The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.**
810861
811The subscription and access to the Deezer HiFi Service strictly depend on the prior consent without any restriction and reserve to all the Terms (including the Privacy Policy).
862The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
812863
813### Article 2 - Deezer HiFi Service presentation
864You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this section by sending written notice of your decision to opt-out [here](http://support.deezer.com/hc/en-gb/requests/news). The notice must be sent within thirty (30) days of registering to use the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Service.
814865
815The Deezer HiFi Service is a service offered and operated by DEEZER enabling, by consenting to the hereby Terms, to listen to unlimited sound recordings and other musical and cultural content (such as podcasts, radios and in certain territories audiobooks) (hereinafter the "Recordings") in higher audio quality (than is made available through DEEZER's other services, where available) and without any advertisement, on multiple devices and in "Offline Mode" as described hereunder.
866### Article 19 - Assignment
816867
817The Deezer HiFi Service includes personalized music, playlists, and other content recommendations.
868DEEZER may assign or delegate these Terms of Service and/or the DEEZER Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without DEEZER's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
818869
819From the Site or the Application, and once he/she has subscribed, the Subscriber has access to all functionalities of the Deezer HiFi Service.
870### Article 20 - Entire Agreement
820871
821The main characteristics of the Deezer HiFi Service are the following:
872These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including DEEZER's Privacy Policy), contain the entire understanding of you and DEEZER, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and DEEZER with respect to the HiFi Service.
822873
823\- Unlimited access, for the purpose of temporary download on three authorized devices (non-portable or portable devices) the Recordings part of the Deezer HiFi Service music catalog, in order to then listen to them when offline;
874### Article 21 - No Waiver
824875
825\- No advertisement;
876The failure of DEEZER to require or enforce strict performance by you of any provision of these Terms of Service or the DEEZER Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of DEEZER's right to assert or rely upon any such provision or right in that or any other instance.
826877
827\- A majority of the music tracks available are in the following format: FLAC audio bitstream data (CD quality, 16 bits, stereo, 44,1 kHz).
878The express waiver by DEEZER of any provision, condition, or requirement of these Terms of Service or the DEEZER Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
828879
829The Deezer HiFi Service can be used on limited compatible devices. The list of these devices can be found [here](http://www.deezer.com/devices).
880Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by DEEZER shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of DEEZER.
830881
831The Deezer HiFi Service is accessible to the Subscriber until the end of his/her subscription as indicated on the subscription page of the Site at the time of such subscription or termination of his/her subscription under the Terms hereunder.
882## Terms of Service for Cricket
832883
833The Deezer HiFi Service is accessible from a personal computer (PC or Mac) by connecting to the Site or desktop application or from a portable device through the Application which needs to be downloaded by the Subscriber. The Deezer HiFi Service is also accessible without any Internet connection, by clicking on the "Offline Mode" button of the Application.
884### Article 1 - General
834885
835By using the Offline Mode, the Subscriber can only access to the Recordings and playlists that he/she has previously temporarily downloaded, from the Application, on its device (non-portable or portable device).
886These Terms of Service (the "Terms of Service") describe the terms pursuant to which Deezer S.A. (hereinafter "DEEZER") offers you access to the Deezer mobile application (hereinafter the "Application") and the associated services offered by DEEZER. These Terms of Service apply when you access, visit or use the Application.
836887
837The temporary downloading of Recordings or playlists is possible through the Offline Mode button which appears on the pages of the Application. The downloaded tracks can then be listened without any Internet connection or at a minimum 3G/4G mobile technology during the entire duration of the Subscription, but cannot however be transferred or burned on any support whatsoever.
888DEEZER offers through the Application an unlimited service of on-demand music with a temporary download functionality through a paid subscription (hereinafter altogether "the Deezer Service").
838889
839DEEZER informs the Subscriber that it is not responsible of advertisements displayed within content provided and hosted by third parties and which can eventually be integrated and/or referenced within the Site or the Application.
890The purpose of these Terms of Service is to define the contractual and commercial relationship between DEEZER, on one hand, and you, as a subscriber to the Deezer Service (hereinafter the "Subscriber"), on the other hand.
840891
841### Article 3 - Use of the Deezer HiFi Service
892**You accept these Terms of Service and agree to be bound by these Terms of Service when you use the Deezer Service or create a DEEZER account. Please read these Terms of Service carefully because they govern your access to and use of the Deezer Service and set forth legally binding terms applicable to your use of the Deezer Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU SHOULD NOT ACCESS OR USE THE DEEZER SERVICE.**
842893
843The use of the Deezer HiFi Service requires a high-speed Internet connection and an Internet service for portable devices. These connections are not provided by DEEZER, therefore the Subscriber must first subscribe to a high-speed Internet and/or an Internet for mobile offer in order to use the Service.
894The use of the Deezer Service is only authorized for personal and private use, therefore any other use, including any use of the Deezer Service for a commercial purpose or any use of the Deezer Service in a public place or business, is strictly forbidden.
844895
845A connection to Internet for mobile through a third generation or fourth generation (3G or 4G) mobile technology norm is highly recommended.
896### Article 2 - Description of the Deezer Service
846897
847The music catalog available, as part of the Deezer HiFi Service, is linked to the contracts in effect with the right holders and may therefore change. DEEZER cannot guarantee the availability of any determined track or album or any artist or group in the Deezer HiFi Service catalog. Moreover, DEEZER cannot guarantee that any determined track, album, artist or group in the Deezer HiFi Service catalog will be indefinitely available. DEEZER can never be held liable for the removal of parts of the catalog content offered.
898The Deezer Service is a service offered and operated by DEEZER that enables Subscribers to access the Application from a portable device and to listen to an unlimited amount of music in high quality audio without any advertisements.
848899
849As a Subscriber, you can activate the Deezer HiFi Service on a personal computer (PC or Mac) and a compatible portable device registered with the Deezer HiFi Service. The Deezer HiFi Service is only accessible from one connection at a time (personal computer or compatible portable device registered). DEEZER has the technical means to verify the absence of multiple simultaneous connections on the same account and therefore detect multiple connections attempt.
900The main characteristics of the Deezer Service are the following:
850901
851### Article 4 - Availability and modification of the Deezer HiFi Service
902- Unlimited access on one authorized device (your mobile device) for the purpose of temporarily downloading the Recordings, in order to then listen to them when offline; and
903- No advertisements.
852904
853The Deezer HiFi Service can be accessed 24 hours a day and 7 days a week, within the limit of the Terms and the terms of article 10 hereunder.
905As a Subscriber, you may access the Deezer Service until the end of your subscription, as indicated on the subscription page of the Application at the time of such subscription.
854906
855The Recordings made available within the Deezer HiFi Service are determined based on the country wherein the Subscriber has subscribed to the Deezer HiFi Service (his/her country of residence). In accordance with the EU Regulation 2017/1128 on cross-border portability of online content services in the internal market, any Subscriber who has subscribed to the Deezer HiFi Service from a state member of the European Union will have access to the same content in the same manner when using the Deezer HiFi Service while temporarily present in another member state, at no additional cost. However, DEEZER cannot guarantee the same quality of service as provided in the Subscriber's country of residence.
907DEEZER may offer the Deezer Service for limited time periods at retail prices established from time to time by DEEZER in the subscription page on the Application (hereinafter the "Special Offers"). DEEZER reserves the right, in its discretion, to determine Subscribers' eligibility for the Special Offers and to withdraw or to modify a Special Offer, in DEEZER's sole discretion.
856908
857Any Subscriber who has subscribed to the Deezer HiFi Service outside of the European Union will also be given access to the same content in the same manner when using the Deezer HiFi Service while temporarily present in another country, at no additional charges. However, DEEZER cannot guarantee the same quality of service as provided in the Subscriber's country of residence.
909Once your subscription is expired or terminated, you have no right to access or use the Deezer Service.
858910
859DEEZER has the right to introduce any modification or improvement to the Deezer HiFi Service as it deems necessary. DEEZER nevertheless guarantees that it will not affect the quality or modify substantially the functionalities of the Deezer HiFi Service.
911The Deezer Service is accessible from a portable device operating the Apple iOS or Google Android operating systems through the Application. The Application is available for download through the Apple App Store and Google Play.
860912
861In addition, DEEZER has the right, without prior notice or compensation, to temporarily remove access to the Deezer HiFi Service if necessary in order to ensure its maintenance or its continuity. The Subscriber recognizes that DEEZER cannot be held liable and waives any right to compensation and/or action against DEEZER in that respect. The temporary interruptions of the Deezer HiFi Service will be, when possible, notified on the Site at least 24 (twenty-four) hours before they occur, unless they are urgent. DEEZER also has the right, without compensation, to definitely shut down the Service. Any final shutdown of the Deezer HiFi Service will be notified via the Site or via the Application at least 1 (one) month before it occurs, the Subscriber will not owe any payment due from the date of the Deezer HiFi Service shutdown.
913The Deezer Service is also accessible without an internet connection, by clicking on the "Offline Mode" button. By using the Offline Mode, you will only be able access the tracks, albums and playlists that you have previously temporarily downloaded from the Application on that particular portable device.
862914
863### Article 5 - Absence of the right to revocation - duration - renewal - termination - upgrade to the Deezer HiFi Service
915The temporary downloading of tracks, albums or playlists is possible through the Offline Mode button which appears on the Application. You can then listen to the downloaded Recordings without an Internet connection or mobile network connection during the entire duration of the Subscription; however you will not be able to transfer the Recordings to any other computer, portable device or other physical storage medium.
864916
865#### 5.1 No right of revocation
917### Article 3 - Use of the Deezer Service
866918
867The Subscriber expressly recognizes and agrees that the supply of the Deezer HiFi Service starts at the time of validation of the subscription and acknowledges that he/she consequently loses his/her right to withdraw from the subscription. Accordingly, no request for revocation, cancellation or refund will be accepted after such validation.
919Your use of the Deezer Service requires a high-speed internet connection.
868920
869#### 5.2 Duration - Trials and discovery offers
921For Subscribers accessing the Deezer Service via the Application on a mobile device, DEEZER recommends the use of at least a third generation (3G) mobile network connection.
870922
871DEEZER offers a monthly subscription (or any other duration depending on the offers made on the Site or the Application).
923#### 3.1. License
872924
873Some trial or discovery periods of the Deezer HiFi Service of different duration may be offered on the Site or the Application, temporarily or not. Unless otherwise indicated, these trial and discovery periods will be submitted to the hereby Terms and will be limited to one subscription (same IP address (Internet Protocol) and/or same email address) no matter the trial or discovery offer concerned.
925As a Subscriber, DEEZER grants you a limited, non-exclusive, non-transferable and revocable license to access and use the Deezer Service for the duration of your subscription to the Deezer Service, unless terminated by DEEZER or you in accordance with the terms and conditions of these Terms of Service.
874926
875#### 5.3 Renewal
927#### 3.2 Access
876928
877Except terminated by the Subscriber within the provisions of article 5.4 and except in case of non-recurring payment method used by the Subscriber, the subscription to the Service is tacitly renewed for the exact same duration than the initial one. Therefore, if the Subscriber subscribes to a monthly subscription, such subscription will be automatically renewed each month.
929Prior to the use of the Deezer Service, you must subscribe to the Deezer Service.
878930
879Certain trial or discovery offers are subject to the provision of credit card details in order to benefit from such offer. Unless otherwise indicated on the Site or the Application or in the Terms and except terminated by the Subscriber in compliance with the provisions of article 5.4, any trial or discovery offer is automatically converted into a monthly subscription at the price indicated in the offer or, otherwise, at the price applicable to the monthly subscription of the Deezer HiFi Service.
931In order to subscribe to a Deezer Service, you must:
880932
881#### 5.4 Termination
933- Create an account at a Cricket Wireless retail store or download and create an account on the Application or, if the user is already registered, log on the Application;
934- Provide the information requested on the subscription form;
935- Consent to these Terms of Service;
936- Pay the subscription price for the Deezer Service through one of the payment systems offered;
937- Confirm your subscription.
882938
883If the subscription was purchased directly from the Site or Application, in order to terminate his/her subscription the Subscriber must go to his/her account and click on "Cancel my subscription". Termination will be effective at the end of the current subscription period, if requested at least 48 (forty-eight) hours in advance. For a trial or discovery period, termination occurs on the date and hour of termination as indicated in the Subscriber's account, unless otherwise indicated on the Site.
939As a Subscriber, you hereby agrees to provide true, accurate and complete information in connection with your registration on the DEEZER Application and the Deezer Service.
884940
885If the subscription was purchased via a third-party website (such as iTunes for example), the Subscriber must first check the termination conditions of his/her subscription in the section "My account" on the Site, then follow the instructions to terminate the subscription. The Subscriber should be aware that conditions (how to terminate, within what timeframe, etc.) may vary from one third-party platform to another.
941Once your registration has been validated, DEEZER will send to you a confirmation email at the email address you provided at the time of registration. Your subscription to the Deezer Service will only become effective when DEEZER sends the confirmation email mentioned above. DEEZER recommends that you save and/or print the confirmation email.
886942
887#### 5.5 Upgrade to the Deezer HiFi Service
943You can modify your account information, including the password associated with your DEEZER account at any time by clicking on the "My information" section of the Deezer Service.
888944
889In case the Subscriber switches from the Deezer Web Service or Deezer Premium Service to the Deezer HiFi Service, the upgrade will take effect immediately as authorized by DEEZER. Henceforth, DEEZER will immediately charge the Subscriber for the newly activated Deezer HiFi Service subscription, regardless of whether the subscription period for the Deezer Web Service or Deezer Premium Service has come to an end or not, meaning that if the Subscriber is upgrading to the Deezer HiFi Service during the Deezer Web Service or Deezer Premium Service subscription period, DEEZER will charge the Subscriber for both Services until the Subscriber terminates his/her subscription to the Deezer Web Service or Deezer Premium Service.
945You hereby agree to inform DEEZER, without delay, of any modification to the information you provided at the time of the Deezer Service subscription and notably any modification of the email address or bank details you provided in connection with your subscription.
890946
891There will be no refund of the price paid for the Deezer Web or Deezer Premium Service subscription due to the upgrade.
947You must immediately inform DEEZER if you lose your account credentials (i.e. account name and password) or if you become aware of any unauthorized use of your account. Your password and identification details are personal and you hereby agree not to disclose such information to any third parties. You hereby agree to be solely responsible for the safekeeping of your account credentials.
892948
893### Article 6 - Terms of access to the Deezer HiFi Service
949As a Subscriber, you may activate the Deezer Service on a portable device operating the Apple iOS or Google Android operating systems registered with the Deezer Service. The Deezer Service is only accessible from one connection at a time (compatible portable device registered). If DEEZER determines that you are simultaneously accessing the Deezer Service from multiple devices or computers, DEEZER may terminate your subscription and//or your access to the Application and the Deezer Service.
894950
895The Subscriber declares being capable to accept the hereby Terms, which means that he/she has the legal required age and is not under a legal protection measure (such as legal guardianship).
951#### 3.3 Price
896952
897The Subscriber declares that he/she is a resident in a country where the Deezer HiFi Service is available and that he/she is the owner of a credit card issued by a bank in the same country.
953The subscription price of the Deezer Service is indicated on the Application and includes all applicable sales taxes, if any.
898954
899### Article 7 - Creation of an account
955DEEZER has the right to modify the subscription price from time to time. DEEZER will inform you of any price increase fifteen (15) calendar days before it becomes effective by sending you an email to the email address you have provided. In such case, if you are not willing to accept the price increase proposed by DEEZER, you may terminate your subscription via the termination section of the Deezer Service. As described in Article 6.3 below, this termination will become effective at the end of the then-current subscription term. If you do not terminate your subscription to the Deezer Service, you will be charged the new price beginning after the fifteen (15) day notice period.
900956
901In order to subscribe to the Deezer HiFi Service, every Subscriber must:
957Any increase of the applicable sales tax will be automatically and immediately impacted on the Deezer Service price. It will be the same in case of the creation of a new tax that will be based on the price of the Deezer Service and applicable to DEEZER. The conditions for termination applicable in case of modification of the Deezer Service price mentioned above, will apply in the same conditions in case of a modification resulting from the increase or creation of new taxes.
902958
903\- Create an account on the Site or download and create an account on the Application or, if the Subscriber is already registered, log into the Site or into the Application;
959Different payment methods are accepted, including, Visa or MasterCard credit cards and PayPal).
904960
905\- Provide the information requested in the subscription form;
961It is underlined that when a Subscriber communicates to DEEZER his bank details, they are not kept by DEEZER.
906962
907\- Give his/her consent to the Terms;
963The subscription price is paid in advance on a monthly basis. By agreeing to the subscription, you authorize DEEZER to charge you for the subscription fees on a monthly basis. When transferring Subscribers' data and payment information to its third party payment service providers, DEEZER uses reasonable security measures, such as encryption, to protect such information from unauthorized use or disclosure. Additionally, DEEZER's third party payment providers strive to adhere to PCI/DSS standards of transactions security.
908964
909\- Pay the price for his/her subscription through one of the payment systems offered;
965### Article 4 - Availability and modification of the Deezer Service
910966
911\- Confirm his/her subscription.
967DEEZER uses reasonable efforts to make the Deezer Service accessible 24 hours a day and 7 days a week; however, DEEZER reserves the right, without prior notice or compensation, to temporarily remove access to the Deezer Service, as deemed necessary by DEEZER, including to perform maintenance of the Deezer Service.
912968
913The Subscriber agrees to provide true, accurate and sincere information on him/her in connection with his/her registration on the Site, the Application and the Deezer HiFi Service.
969DEEZER will use reasonable efforts to provide you with at least twenty four (24) hours' notice prior to any Deezer Service interruptions. If DEEZER elects, in its discretion, to discontinue access to the Deezer Service, DEEZER will notify you via the Application and you will not be charged any additional subscription fees after the date your access to the Deezer Service has been terminated.
914970
915Once his/her registration has been validated, DEEZER will send to the Subscriber a confirmation email at the email address given at the time of registration.
971### Article 5 - Terms of Access to the Deezer Service
916972
917Subject to the other conditions of the Terms, the subscription to the Deezer HiFi Service will only become effective when DEEZER sends the confirmation email mentioned above. DEEZER recommends the Subscriber to save and/or print this email.
973In order to access the Deezer Service, you must be located in the United States of America and be at least 13 years of age.
918974
919The Subscriber can modify the password given on his/her account at any time by clicking on the section "My information".
975If you are not at least 13 years of age, you shall not attempt to access the Application and use the Deezer Service.
920976
921he Subscriber agrees to inform DEEZER, without delay, of any modification or update in the information provided at the time of his/her subscription to the Deezer HiFi Service and notably any modification of his/her email address or bank details. The Subscriber can modify any of his/her information at any time on his/her account on the Site by clicking on the section "My information".
977If you are between 13 and 17 years of age, you must have your parents' or guardians' consent to register for the Application and/or subscribe to the Deezer Service.
922978
923The Subscriber must immediately inform DEEZER of any loss or unauthorized use of his/her account, his/her identification details or his/her password. The passwords and identification details are personal and the Subscriber agrees not to communicate them. As a result, the Subscriber is solely responsible for their use.
979### Article 6 - Term and termination
924980
925The Subscriber is solely liable for the consequences due to the misuse of his/her account by the Subscriber himself/herself or by a third party who has accessed the Subscriber's account due to the Subscriber's fault or negligence, and as a result, the Subscriber recognizes that DEEZER and all its partners, co-contracting party or right holders cannot be held liable in that respect.
981#### 6.1 Term and Renewal
926982
927### Article 8 - Price
983If you are a Subscriber, the initial term of your subscription to the Deezer Service will be one (1) month. Thereafter, your subscription to the Deezer Service will be automatically renewed for subsequent one (1) month periods unless you have provided prior notice to DEEZER of your wish to discontinue your Deezer Service subscription. If you cancel your Deezer Service subscription, the cancellation will become effective on the last day of the billing cycle during which we received your cancellation request. If your subscription is set to automatically renew, you hereby authorize DEEZER to charge you for the then-current Deezer Service subscription fees for each month of your subscription term.
928984
929The subscription price is indicated on the Site or in the Application and includes all taxes.
985Instructions on how to cancel your Deezer Service subscription are set forth in Article 6.3 below.
930986
931DEEZER has the right to modify the price of every subscription offer from time to time. DEEZER will inform each Subscriber through an email to the address provided by the Subscriber at the time of subscription to the Deezer HiFi Service (or as updated later in his/her account) of any price increase at least 15 (fifteen) days before it becomes effective. In case the Subscriber does not accept this increase, he/she can terminate his/her subscription as provided under article 5.4 above, this termination will be effective at the following monthly subscription due date. If the Subscription is not terminated, the new price will be applicable to the Subscriber starting from the following monthly subscription payment due date.
987**Trial Periods**
932988
933Any increase of the VAT (Value Added Tax) will be impacted automatically and immediately on the Deezer HiFi Service's price. It will be the same in case of the creation of a new tax that will be based on the price of the Deezer HiFi Service and applicable to DEEZER. The conditions of termination applicable in case of modification of the Deezer HiFi Service's price mentioned above, will apply in the same conditions in case of a price modification resulting from the increase or creation of new taxes.
989DEEZER may also make available on the Application access to the Deezer Service for trial periods of varying duration ("Trial Periods"). Unless otherwise indicated, your use of the Deezer Service during any Trial Periods will be subject to these Terms of Service and will be limited to one Trial Period per person. Unless otherwise indicated on the Application, following the Trial Period, we will convert your Trial Period subscription into a paid subscription for the Deezer Service unless you cancel your subscription prior to the expiration of the Trial Period. You hereby authorize DEEZER to charge you for the then-current subscription fees for the Deezer Service for each month following the expiration of your Trial Period and continuing through the month in which you cancel your subscription term as described in Article 6.3.
934990
935It is reminded that the connection and communication (Internet) costs relating to the use of the Deezer HiFi Service are not supported by DEEZER and must be supported only by the Subscriber.
991#### 6.2. No Refund
936992
937### Article 9 - Payment of the price
993The Deezer Service subscription fees are paid in advance. You hereby agree and acknowledge that once you have authorized DEEZER to charge you for the Deezer Service subscription fees, you will not be entitled to receive a refund for such payment amounts. If you wish to cancel your account or discontinue your subscription to the Deezer Service, you can contact us as set forth in Article 6.3 below.
938994
939Different payment methods are offered on the Site (credit cards, prepaid cards, PayPal and/or other payment methods).
995#### 6.3 Termination
940996
941Depending on the duration of the subscription chosen by the Subscriber, the Subscription price is paid monthly or annually. The first payment will be made at the time of subscription and then at the beginning of each month or year, by direct debit, until termination of the subscription, whether the termination initiates from the Subscriber or DEEZER.
997##### 6.3.1. Subscription Termination Initiated by a Subscriber
942998
943In order to optimize the security of the transactions, DEEZER has chosen the payment systems of different companies with which it has entered into agreements. The guarantees provided by DEEZER in term of transactions security are identical to the ones obtained by DEEZER from these payment service providers.
999If you wish to terminate your Deezer Service subscription (or if you wish to not be enrolled in the Deezer Service subscription following a Trial Period), you can do so by (1) going to www.cricketwireless.com, (2) in the My Cricket app or (3) in any Cricket Wireless store. Termination of your Deezer Service subscription will become effective at the end of the current monthly subscription period.
9441000
945Except in the case of proof to the contrary, the computerized records, kept within the DEEZER computer systems and its partners' within reasonable security conditions, will be considered as proof of communications, orders, validations and payments which occurred between the Subscriber and DEEZER. This information shall be considered as valid proof between the Subscriber and DEEZER unless the Subscriber can provide conflicting written proof.
1001##### 6.3.2. Termination initiated by DEEZER
9461002
947### Article 10 - Subscriber liability
1003DEEZER may suspend, terminate or modify your access to the Deezer Service if DEEZER believes that you are failing to comply with these Terms of Service or for any actual or suspected illegal or improper use of the Deezer Service, with or without notice to you.
9481004
949i) Each Subscriber can post messages, information and/or comments on the Site and the desktop application. The Subscriber is solely liable for any messages, content or information published by himself/herself on the Site or desktop application; DEEZER is only considered as an Internet service hosting provider and cannot be held liable for the content published by the users on the Site or desktop application and upon which DEEZER has no control or supervision.
1005Without limiting the foregoing, DEEZER may, without notice or compensation to you, terminate your access to the Deezer Service (including your Deezer Service subscription) if it believes you have violated these Terms of Service, including, without limitation, if you have done or attempted to do any of the following:
9501006
951The Subscriber expressly agrees, in order to avoid being held liable, that he/she will ensure that the messages published by him/her on the Site or desktop application do not, notably but not limited to:
1007- Infringe, misappropriate or violate the intellectual property rights of DEEZER, its licensors or any third party;
1008- Bypass or attempt to bypass any technical or security measures on the Application;
1009- Use, or attempt to use, multiple simultaneous connections to the same account;
1010- Provide false information to DEEZER in connection with your subscription or account registration;
1011- Use, or attempt to use the Deezer Service in connection with any (i) any commercial purpose, (ii) any business or public premises or (iii) any other non-personal or non-private use.
9521012
953\- Constitute a violation of third-party intellectual property rights; therefore the Subscriber agrees not to publish, on the Site or desktop application, content protected under copyright law, a registered trademark or more generally any content protected by any other intellectual property rights held by third parties without the prior consent of the owner or owners of the said rights;
1013### Article 7 - User Content and Other User Restrictions
9541014
955\- Contain any computer virus which can interrupt, destroy or affect the Site's or desktop application's functionalities;
1015You are solely liable for any messages, communications, content, images, material, data or information that you publish or provide on the Application or through the Deezer Service ("Subscriber Content").
9561016
957\- Glorify crimes or contain illegal or threatening messages or of a pedophile, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic, revisionist nature or against public orders and good manners;
1017By transmitting or submitting any Subscriber Content while using the Deezer Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the Subscriber Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by DEEZER in accordance with its Privacy Policy.
9581018
959\- Infringe a right to privacy or violate the dignity of third parties;
1019You further affirm, represent and warrant that your Subscriber Content (a) does not contain content or material that is threatening, pornographic, defamatory, obscene, hateful, racist, anti-semitic, or xenophobic, (b) is not intended to harass any third party, (c) does not contain advertisement and/or solicitation for any third party, products and/or services and (d) does not contain any unsolicited or spam messages.
9601020
961\- Encourage violence, fanaticism, crime, suicide, hate linked to religion, race, sex, sexual preferences, ethnicity;
1021You own your Subscriber Content. You hereby grant DEEZER a perpetual and irrevocable worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your Subscriber Content as well as all modified and derivative works thereof in connection with our provision of the Deezer Service, including marketing and promotions thereof.
9621022
963\- Harass other Users;
1023You agree not to:
9641024
965\- Promote or encourage any criminal activity or enterprise;
1025- use any automatic system, such as scripts, to add members to your profile or to send comments or messages on the Deezer Service.
1026- Create or use any hyperlink to the Deezer Service using the "framing" technique (programming technique offering the possibility to divide browser windows into different independent frames in order to display the content of an external website) or the "in-line linking" technique (programming to make disappear into a webpage one element extracted from another site, which saves stock space on the hard drive where the Deezer Service is hosted and enables to hide from an uninformed user the initial content of which the element is part); or
1027- Artificially use a DEEZER account, such as to artificially increase the plays of certain tracks, including via automated processes such as robots and scripts or via any other means.
9661028
967\- Request and/or communicate passwords and/or personal information for commercial or illegal purpose;
1029### Article 8 - Privacy Policy
9681030
969\- Transmit emails chains, unsolicited massive emails, instant messages, advertising messages and spam messages;
1031In connection with your use of the Deezer Service, please review the DEEZER Privacy Policy, located [here](http://support.deezer.com/hc/en-gb/requests/new), in order to understand how we collect and use information about you when you access, visit or use the Deezer Service. The DEEZER Privacy Policy is part of and is governed by these Terms of Service and by accepting these Terms of Service, you agree to be bound by the terms of the DEEZER Privacy Policy, and agree that we may use information collected from you in accordance with the DEEZER Privacy Policy.
9701032
971\- Contain advertisement and/or solicitation in order to offer products and/or services to sell through the Site or the Application;
1033### Article 9 - Limitation of Liability; Indemnification
9721034
973\- Contain addresses or Internet links transferring to external website which content violates any applicable law and/or regulation, infringes the rights of third parties or violates the Terms.
1035YOU UNDERSTAND AND AGREE THAT DEEZER AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE "DEEZER PARTIES") WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A DEEZER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE DEEZER SERVICE. DEEZER's maximum liability to you for direct damages is limited to the amount you paid to DEEZER for use of the Deezer Service during the twelve-month period immediately preceding the event that gave rise to such damages.
9741036
975ii) The Subscriber agrees not to use any automatic system such as scripts in the purpose of adding Users to his/her User account and/or send comments or messages.
1037You hereby agree to indemnify and hold the DEEZER Parties harmless from any and all damages, losses, costs, claims or demands (including legal fees and court costs) and expenses incurred, suffered or expended by DEEZER as a consequence of any third party's claim relating to or arising out of: (i) your use of the Application or the Deezer Service or (ii) your violation of any term or condition of these Terms of Service.
9761038
977iii) DEEZER has the right, in case the Subscriber violates any laws or infringes any rights of third parties, to provide upon request of any legitimate authority (courts, administrative authorities, and police forces), any information enabling or facilitating the identification of the offender.
1039### Article 10 - DEEZER Digital Millennium Copyright Act Policy
9781040
979### Article 11 - Disclaimer of warranties
1041If you believe that content available on or through the Application infringes one or more of your copyrights, you or your agent may submit a Digital Millennium Copyright Act ("DMCA") notification to DEEZER, as set forth in this DEEZER DMCA Policy. The notification shall include all of the information described in this DEEZER DMCA Policy ("Notification") to DEEZER's Copyright Agent by mail or email using the contact information provided below. A copy of this Notification will be sent to the person who posted the material addressed in the Notification.
9801042
981The Subscriber declares being informed of the confines and limitations of the Internet network.
1043Pursuant to federal law, you may be held liable for damages and attorneys' fees if you make any material misrepresentations in a Notification. Therefore, if you are not sure whether content located on or accessible via a link from the Deezer Service infringes your copyright, you should contact an attorney.
9821044
983As a result, DEEZER disclaims liability for any dysfunction in the Deezer HiFi Service access, the opening and consultation speed of the Site or the Application pages, the listening speed of the tracks, the temporary or definitive inaccessibility of the Deezer HiFi Service, and the fraudulent use by third parties of the information provided on the Site or the Application.
1045A Notification should include the following:
9841046
985Therefore, it is the Subscriber's duty to protect his/her equipment notably against any form of intrusion and/or virus contamination and for which DEEZER can never be held liable. DEEZER can never be held liable of any dysfunction or damage caused to the Subscriber's equipment.
1047- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
1048- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
1049- Identification of the material that is claimed to be infringing or to be the subject of infringing activity (or links to such material) and information reasonably sufficient to permit the service provider to locate the material or link so that it may be removed or access to it disabled. If possible, please provide links to the exact location so that we may quickly and more easily locate the material or link.
1050- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
1051- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
1052- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9861053
987More broadly, DEEZER disclaims any liability if a breach of any obligation results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning and more broadly any unstoppable and unforeseen event which prevent the good execution of the orders.
1054Notifications should be sent to our Copyright Agent at:
9881055
989DEEZER disclaims liability in case the Deezer HiFi Service would turn out to be incompatible with certain equipment and/or functionalities of the equipment of the Subscriber.
1056Name of the Copyright Agent: Daniel Marhely
1057Address: Deezer SAS, 12 rue d'Athènes, 75009 Paris, France
1058Phone number: +33 (0)1 55 80 69 00
9901059
991Finally, the Subscriber is solely liable of his/her use of the Service and cannot hold DEEZER liable for any claim and/or procedure made against him/her in that respect. The Subscriber shall take in charge every claim, complaint or objection and more broadly any proceedings filed against DEEZER by a third party in relation to the Subscriber's use of the Deezer HiFi Service.
1060Notifications shall be sent to the e-mail address: dmca@deezer.com
9921061
993### Article 12 - Intellectual property
1062Notifications will be forwarded to Subscribers whose material or links are the subject of the Notification and to chillingeffects.org.
9941063
995The general structure of the Site, the Application, the Deezer HiFi Service and all elements composing it (such as but not limited to the logos, domain names, tracks or videos, and there associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the tracks or videos but also the visuals on the packaging) are the exclusive property of DEEZER and/or its licensors (notably the records and videos producers, the record companies, authors society).
1064### Article 11 - Disclaimer of Warranties
9961065
997These elements are protected by intellectual property laws and others, and notably copyright. The Subscriber can only use these elements for the purpose of using the Deezer HiFi Service, in compliance with the Terms.
1066THE APPLICATION AND THE DEEZER SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE DEEZER PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE DEEZER PARTIES DO NOT WARRANT THAT THE APPLICATION OR DEEZER SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE DEEZER SERVICE OR THE SERVERS THAT MAKE THE DEEZER SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT DESCRIPTIONS OR DEPICTIONS, OR OTHER CONTENT OFFERED AS PART OF THE DEEZER SERVICE, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
9981067
999Any total or partial representation of the Site, the Application, the Deezer HiFi Service and/or the elements composing them (as described above) by any means without the express consent of DEEZER is therefore forbidden and would be considered as infringement of the law.
1068YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION AND THE DEEZER SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE APPLICATION OR THE DEEZER SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE APPLICATION OR THE DEEZER SERVICE. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE APPLICATION OR THE DEEZER SERVICE FOR ANY FEATURE OR PART THEREOF AT ANY TIME. THE DEEZER PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.
10001069
1001Any hyperlink to the Site and using the "framing" technique (programming technique offering the possibility to divide browser windows into different independent frames in order to display the content of an external website) or the "in-line linking" technique (programming to make disappear into a webpage one element extracted from another site, which saves stock space on the hard drive where the Site is hosted and enables to hide from an uninformed user the initial content of which the element is part) is strictly prohibited. Any artificial use of a Deezer account (such use for instance aiming at artificially or abnormally increase the plays of certain specific music tracks), via automated processes such as robots and scripts or via any other means, is strictly prohibited.
1070The music catalogue available as part of the Deezer Service is linked to the contracts in effect with third party rights holders and may therefore change. Therefore, DEEZER cannot guarantee the availability of any determined track or album or any artist or group in the Deezer Service catalogue. You agree that DEEZER will not be held liable for the removal of parts of the catalogue content offered.
10021071
1003The Recordings made available within the Deezer HiFi Service are numerical files protected by national and international copyright and neighboring rights. They may only therefore be listened to within a private or family setting. Any use for a non-private purpose will expose the Subscriber to civil and/or criminal proceedings. Any other use of the Recordings is strictly forbidden and more particularly any download or attempt to download, any transfer or attempt to transfer permanently or temporarily on the hard drive of a computer or any other device (notably music players), any burn or attempt to burn a CD or any other support are expressly forbidden. Any resale, exchange or renting of these files is strictly prohibited.
1072DEEZER shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of DEEZER, including without limitation any failure to perform hereunder, such as, Internet or equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
10041073
1005The Subscriber recognizes that the Recordings made available to him/her within the Site and Application are protected by technical protection measures set up by DEEZER in order to prevent or limit, depending on the technology offered, the unauthorized use of the Recordings.
1074Finally, you are solely liable of your use of the Application and the Deezer Service and you agree that DEEZER will not be liable for any claim arising from your use of the Application or the Deezer Service.
10061075
1007The Subscriber agrees not to bypass, by any means, these technical protection measures, for the purpose of downloading these files and enabling their storing within the storage unit of his/her reception terminal whatever it is (computer, mobile phone, music player and other portable music disc player, etc.).
1076### Article 12 - Cookies
10081077
1009### Article 13 - Suspension and/or termination initiated by DEEZER or the Subscriber
1078DEEZER and its partners implement cookies on Subscribers' computer.
10101079
1011Without prejudice of any damages that DEEZER may seek, DEEZER has the right to suspend access to the Deezer HiFi Service to a Subscriber and/or terminate, without notice or compensation, his/her subscription to the Deezer HiFi Service in case:
1080In order to obtain all information regarding (i) the use of such cookies by DEEZER and its partners and (ii) the procedure applicable to prevent the implementation of such cookies, you can visit the section "Privacy Policy" or review Section 7 of the DEEZER Privacy Policy, located [here](http://support.deezer.com/hc/en-gb/requests/new).
10121081
1013\- The Subscriber does not respect the Terms and notably:
1082### Article 13 - Intellectual Property
10141083
1015- Does not respect the intellectual property rights of DEEZER or its licensors;
1016- Bypasses or attempts to bypass the technical measures of protection set up by DEEZER;
1017- Uses multiple simultaneous connections to the same account or attempts to do so;
1018- Provides false information at the time of his/her subscription to the Deezer HiFi Service or later.
1084The Application and the Deezer Service and all elements composing of the foregoing (such as but not limited to the logos, domain names, tracks or videos, and there associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the tracks or videos including the visuals on the packaging) (the "DEEZER Content") are the exclusive property of DEEZER and/or its licensors. The DEEZER Content is protected by applicable laws, including intellectual property laws. You may only access and use the DEEZER Content for the purpose of using the Deezer Service in accordance with these Terms of Service.
10191085
1020\- Total or partial default of payment by the Subscriber of the price of his/her subscription.
1086Any unauthorized use of the Application, the Deezer Service or the DEEZER Content without the express consent of DEEZER is strictly forbidden. The Recordings are protected by U.S. Copyright laws. Therefore, you may not use the Deezer Service for any commercial purposes, including playing the Recordings in a business environment or public place. You may only access the Application and use the Deezer Service for your own personal use. Except as provided in these Terms of Service, any other use of the Recordings is strictly prohibited. Except as provided in these Terms of Service, you shall not download or attempt to download, transfer or attempt to transfer, permanently or temporarily, the Recordings on the hard drive of a computer or any other device (notably music players), or other physical storage medium (e.g. CD or hard drive). Any resale, exchange or renting of tracks or Recordings offered on the Application is strictly prohibited.
10211087
1022\- Activities prejudicial to DEEZER's commercial interests.
1088DEEZER may implement or use technical protection measures to prevent the unauthorized use of the Recordings. You hereby agree not to bypass, or attempt to bypass, by any means, these technical protection measures.
10231089
1024As far as the Subscriber is concerned, he/she will be able to terminate, without notice nor compensation to the benefit of DEEZER, his/her contract or subscription if DEEZER breaches its substantial obligations defined in the Terms or with a legitimate reason such as, notably, his/her computer being stolen or technical inconsistency of the Deezer HiFi Service with the Subscriber's equipment.
1090### Article 14 - Modifications of the Terms of Service
10251091
1026### Article 14 - Modifications of the Terms
1092DEEZER may amend these Terms of Service from time to time. We will post any material changes to these Terms of Service on the Deezer Service with a notice advising of the changes at least thirty (30) days before the effective date of the changes. If you have provided us with your email address we also will endevor to notify you of material changes to these Terms of Service by sending an email at least fifteen (15) days before the effective date of the changes to the email address you most recently provided to us. If you do not agree to the new terms, you may terminate your account within the applicable thirty (30) day period (1) by going to www.cricketwireless.com, (2) in the My Cricket app or (3) in any Cricket Wireless store, and you will not be bound by the amended terms. Otherwise, the new terms will take effect after thirty (30) days.
10271093
1028DEEZER has the right to modify in its sole discretion the Terms. DEEZER will inform the Subscriber, through an email at the email address given on the Subscriber's account, of any modification of the Terms at least 1 (one) month prior to their entry into force. In case the Subscriber does not accept these modifications, he/she will be free to terminate his/her subscription from his/her account on the Site as mentioned in article 5.4 above, this termination becoming effective at the next monthly subscription due date. In case the Subscriber does not terminate his/her subscription, the updated Terms will therefore apply starting from 1 (one) month upon receipt of the notice of modification of the Terms.
1094### Article 15 - Contact DEEZER
10291095
1030### Article 15 - Community and Customer Service
1096For any information or question regarding the Deezer Service, you can contact DEEZER by submitting a request at http://support.deezer.com.
10311097
1032As part of his/her access and use of the Deezer HiFi Service, DEEZER provides to the Subscriber a community, accessible through the website deezercommunity.com (the "Community") where the Subscriber will, notably, be able to find information regarding the Deezer HiFi Service and interact with other Subscribers.
1033
1034On the Community, the Subscriber will be able, notably, to:
1035
1036\- consult and participate to a forum through posts, reactions and comments;
1037
1038\- post images, links, and other content;
1039
1040\- interact with other Subscribers, DEEZER's moderators, and/or the Customer Service through comments and/or private messages.
1041
1042Use of the Community is subject to the consent and compliance with its terms and conditions available here: [https://en.deezercommunity.com/site/terms](https://en.deezercommunity.com/site/terms).
1043
1044As part of his/her access and use of the Deezer HiFi Service, DEEZER also provides to the Subscriber a customer support service which can answer to questions the Subscriber may have on his/her account and on the Services made available by DEEZER (the "Customer Service").
1045
1046The Subscriber will be able, without this list being limitative, to ask information relating to:
1047
1048\- his/her access and use of the Services provided by DEEZER;
1049
1050\- his/her account and the modification of his/her account information;
1051
1052\- his/her subscriptions and payments.
1053
1054The Subscriber can contact DEEZER through the Site by clicking on the section "[Contact us](https://www.deezer.com/support)" or by sending a mail to the following address:
1055
1056Deezer
105724 rue de Calais 75009 Paris
1058FRANCE
1059
1060The Customer Support will use reasonable endeavors to respond to such requests in a reasonable timeframe but can make no guarantees or warranties of any kind that such requests shall be answered within a timeframe corresponding to the Subscriber's expectations, or that the answer shall be entirely satisfactory for such Subscriber.
1061
10621098### Article 16 - Nullity of a term
10631099
1064In case one of the clauses of the Terms would be declared void or voidable for any reason, the other clauses will still apply without any modification.
1100You and DEEZER agree that if any portion of these Terms of Service or of the DEEZER Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Service, which shall continue to be in full force and effect.
10651101
1066### Article 17 - Jurisdiction - Claims and litigation
1102### Article 17 - Choice of Law
10671103
1068The Terms are governed by the law of the country wherein the Subscriber has his/ her habitual residence.
1104These Terms of Service are governed by the laws of the state of New York, without regard to conflict of law principles, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in New York. You consent to the exclusive jurisdiction of the federal or state courts located in New York County, New York.
10691105
1070Any claim relating to the application of these Terms of Use must be emailed to our Customer Service via the Site by clicking on the link [http://www.deezer.com/support](http://www.deezer.com/support), or mailed to the address Deezer - Customer Service - 24 rue de Calais 75009 Paris - FRANCE, in order to be promptly processed.
1106### Article 18 - Arbitration Agreement and Waiver of Class Remedies
10711107
1072For Subscribers residing in a member state of the European Union, in the event the claim would not be solved through Customer Service or would remain without response within more than two (2) months after its reception by Customer Service, the Subscriber may choose to submit the dispute to an out-of-court settlement procedure through the European platform for alternative and online dispute resolution at the following link: [https://webgate.ec.europa.eu/odr/](https://webgate.ec.europa.eu/odr/).
1108The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms of Service (including its formation, performance and breach) and your use of the Deezer Service shall be finally settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
10731109
1074In case of litigation, the parties will try to reach an amicable agreement before any judicial proceeding. If no amicable agreement can be reached, any claim regarding the validity, the interpretation and/or the execution of the Terms will have to be brought before the court where the Subscriber has his/her habitual residence.
1110**The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.**
10751111
1076## Terms of use of Deezer for Developers
1112The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
10771113
1078The web site http://www.deezer.com (hereinafter the "Site") is an interactive and social musical website, edited by Deezer.
1114You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this section by sending written notice of your decision to opt-out [here](http://support.deezer.com/hc/en-gb/requests/new). The notice must be sent within thirty (30) days of registering to use the Deezer Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Service.
10791115
1080Deezer SA is a French corporation with a share capital of 1 223 689,41 euros, registered under number 898 969 852, with its principal offices located at 24 rue de Calais 75009 Paris, FRANCE.
1116### Article 19 - Assignment
10811117
1082Deezer is hereinafter referred to as "DEEZER" for these terms (hereinafter the "Terms").
1118DEEZER may assign or delegate these Terms of Service and/or the DEEZER Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without DEEZER's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
10831119
1084### I. SERVICES DESCRIPTION
1120### Article 20 - Entire Agreement
10851121
1086The Site offers the possibility for any developer (hereinafter the "Developer") to access free of charge the DEEZER application programming interface (hereinafter the "DEEZER API") and the DEEZER plugins, widgets and exportable player (hereinafter the "DEEZER Plugins") in order to customize his personal site and/or develop personal web pages, blog (hereinafter the "Webpages") and personal applications (hereinafter "Personal Applications") providing access to all textual, visual, audio and any other content that may be provided by DEEZER from time to time (altogether hereinafter the "Content").
1122These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including DEEZER's Privacy Policy), contain the entire understanding of you and DEEZER, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and DEEZER with respect to the Deezer Service.
10871123
1088Access both to the DEEZER API and to DEEZER Plugins (altogether hereinafter the "Services") is strictly subordinate to the acceptance without any reserve and the respect of the present Terms by every developer.
1124### Article 21 - No Waiver
10891125
1090The Developer, by accepting this Terms, enters into a legally binding agreement with DEEZER to abide by the same.
1126The failure of DEEZER to require or enforce strict performance by you of any provision of these Terms of Service or the DEEZER Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of DEEZER's right to assert or rely upon any such provision or right in that or any other instance.
10911127
1092DEEZER has the right to amend these Terms for any reason at any time without any prior notice or liability to the Developer. The latest updated version available at [www.deezer.com/developers/](http://www.deezer.com/developers/) will be binding upon the Developer immediately upon posting.
1128The express waiver by DEEZER of any provision, condition, or requirement of these Terms of Service or the DEEZER Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
10931129
1094### II. ACCESS TO THE SERVICES
1095
1096Access to the DEEZER API
1097
1098a) Upon the acceptance of these Terms, the Developer shall be granted a free access to the DEEZER API in order to develop Webpages and/or Personal Applications.
1099
1100Access to the DEEZER API shall be provided to the Developer on the Site following the process indicated at the following URL: [http://www.deezer.com/developers/simpleapi.](http://www.deezer.com/developers/simpleapi)
1101
1102It is specified that, regarding the access to the DEEZER API, are full part of this Terms the Trademark Guidelines provided by DEEZER at: [http://www.deezer.com/developers/simpleapi](http://www.deezer.com/developers/simpleapi) regarding the use of DEEZER's logos.
1103
1104Furthermore, beyond the mandatory Trademark Guidelines, DEEZER provides Developer, at the same address, with a non-mandatory document, the Graphical Toolkit, which explains how to reproduce DEEZER's visual identity and look and feel.
1105
1106The DEEZER API shall provide access to the following contents: Album, Artist, Comment, Editorial, Playlist, Radio, Search, Track, User, and any other contents displayed by DEEZER from time to time.
1107
1108The Developer recognizes that it shall be granted no right upon the DEEZER API, the Personal Application that it shall develop and the Content of the Services.
1109
1110b) Developer agrees that DEEZER may set up technical measures which permit to oversee Developer's use of the DEEZER API and compliance with the Terms.
1111
1112c) Developer agrees that DEEZER has the right at any time for any reason and at its own discretion to modify, restrict or remove Developer access to the DEEZER API and to the Site, without any prior notice or liability to the Developer.
1113
1114Use of the DEEZER Plugins
1115Upon the acceptance of these Terms, the Developer shall be granted a free and unlimited access to the DEEZER Plugins in order to integrate them into Webpages and/or Personal Applications.
1116
1117Access to the DEEZER API shall be provided to the Developer on the Site following the process indicated at the following URL: [http://www.deezer.com/developers/musicplugins](http://www.deezer.com/developers/musicplugins)
1118
1119The Developer recognizes that it shall be granted no right upon the DEEZER Plugins and the Content provided by DEEZER, which remains at any time exclusive property of DEEZER or its right holders.
1120
1121Developer agrees that DEEZER has the right at any time for any reason and at its own discretion to modify, restrict or remove Developer access to the DEEZER Plugins and to the Site, without any prior notice or liability to the Developer.
1122
1123### III. DEVELOPER WARRANTY
1124
1125Developer warrants and represents to DEEZER that he:
1126
11271) Provides true and complete information to DEEZER when creating a Developer account on the Site.
1128
11292) Possesses all rights, licenses or any other authorizations or permissions necessary to develop his Webpage and/or Personal Applications.
1130
11313) Will not modify, edit, disassemble, decompile or reverse-engineer the DEEZER API or any part of the Services.
1132
11334) Will comply with all local and international laws and regulations, including, all applicable intellectual property and data protection laws, especially by implementing standards of privacy and confidentiality when using any part of the DEEZER Services.
1134
11355) Will ensure that his Webpage and/or Personal Applications in which the Services are used abide by public order and good manners (i.e. is not defamatory, obscene, injurious, ateful, discriminatory or sexual explicit), and more broadly do not infringe effective laws and regulations.
1136
11376) Will not use the Services in any way or on any website that is associated or promotes in whatever manner the illegal or unauthorized use, streaming, download, or sharing of music and associated elements content, including but not limited to the Content provided by DEEZER.
1138
11397) Will indemnify, and keep DEEZER, its affiliates, licensees, assigns, successors, customers, users, all third-party advertisers, right-holders, technology providers and service providers, and each of their respective employees, directors and representatives, fully and effectively indemnified from and against any and all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all reasonable professional costs and expenses), suffered or incurred by one of the persons listed above arising out of or in connection with any claims, actions or proceedings which arise out of or are related to: (i) the Developer's access, retrieval and use of the Services; (ii) any breach by Developer of the warranties contained in this Section III; and (iii) violation by Developer of any provision of the Terms.
1140
1141### IV. NON-COMMERCIAL USE
1142
1143The Developer agrees that the use of the Services is strictly limited for a non-commercial purpose and in a non-commercial environment.
1144
1145It means that the Developer shall not perceive, receive, generate, benefit or create directly or indirectly, any moneys, incomes, revenues, data or any other consideration in connection with the use of neither the Services themselves, nor any and all Content accessed through the Services.
1146
1147Furthermore, It means both the Services and the Content accessed through the Services, shall not be associated, directly or indirectly with any trademark, brand name, or logo.
1148
1149The Developer acknowledges that only users registered with a Deezer Premium account on the Site can access and listen to the full length recordings through the Webpages and/or Personal Applications developed by the Developer, which are otherwise accessible only up to 30 seconds
1150
1151The Developer undertakes to inform by any means any person accessing the Content through the Webpages and/or Personal Applications of its conditions of use and notably that the streaming of the recordings is limited to a strictly private use within a family scope.
1152
1153The use of the Content is limited to a strictly private use within a family scope.
1154
1155### V. DIGITAL RIGHTS MANAGEMENT
1156
1157The Developer recognizes that the Content are protected by Digital Rights Managements (DRM), set up by DEEZER, in order to prevent or limit, depending on the technology offered, the unauthorized use of the Content.
1158
1159The Developer undertakes not to bypass, by any means, these measures, for the purpose of downloading the Content, or more broadly using the Content in violation of the present Terms.
1160
1161The Developer is informed that DEEZER will remove the access to the Services, and to the Site to any Developer in case of any bypass by the Developer or any third party of the DRM or any other unauthorized use of the Content in the Services.
1162
1163Subject to the prior request of any judicial and/or administrative authority, DEEZER has the right to communicate the identity of the offender to any owner and/or right holder on the Content.
1164
1165### VI. DISCLAIMER AND LIMITATION OF LIABILITY
1166
1167The Site and the Services are made available to Developer on an "as is" basis and DEEZER cannot be held liable neither for the unavailability, whether temporary or permanent, of the Services or the Site, nor for any defect or error in the Services.
1168
1169DEEZER has the right to modify at any time without any notice the DEEZER Services and/or the Site notably by making available new functionalities or Content or by modifying and/or deleting functionalities or Content that were offered to the Developers on the DEEZER Services and/or on the Site.
1170
1171DEEZER cannot be held liable for the fraudulent exploitation which could occur without its knowledge or in violation of the Terms and notably any illegal use, streaming, or downloading of the Content.
1172
1173DEEZER cannot be held liable for independent technical problems of its Services such as maintenance or network issues due to the internet service provider and which could lead to a temporary intermission of the network.
1174
1175DEEZER cannot be held liable neither for the dysfunction of internet links on the Site transferring to external website whose integration has been made by the Developer, nor for all their content and notably the products, services and/or any other available materials on and from these external websites.
1176
1177### VII. INTELLECTUAL PROPERTY
1178
1179The general structure of the Site, the DEEZER Services, and any other elements composing them (such as but not limited to the graphics, texts, visuals, photos, logos, domain names, elements associated with the Content comprising the photos, images, texts and biography of the author, artist and/or any right holders, on the Content along with the visuals packaging of the Content) are exclusively owned by DEEZER or right holders.
1180
1181Any reproduction and representation, in total or partially, of the Site and/or elements composing it by any means without the express authorization of DEEZER or right holders are strictly forbidden and would amount to an act of counterfeiting punished by law.
1182
1183DEEZER is the worldwide owner of the verbal and semi-figurative trademarks "DEEZER" (whether registered or unregistered) and retains all right, title and interest in and to them. The Developer will not copy or use these trademarks in any way not authorized by DEEZER in these Terms, will abide by the Trademark Guidelines set out by DEEZER in connection with his use of these trademarks, and shall not challenge the validity of these trademarks or attempt to register similar or trademarks, service marks or logos.
1184
1185### VIII. ASSIGNMENT
1186
1187Developer may not assign or otherwise transfer, its rights or delegate its duties or obligations under these Terms. Any attempt to assign, or otherwise transfer, any rights contained in these Terms is void and will inevitably lead DEEZER to remove Developer access both to the Services and to the Site.
1188
1189### IX. MISCELLANEOUS
1190
1191The Developer agrees that the use of the Services for any other purposes than those mentioned herein, shall be beforehand reviewed and approved by DEEZER, at DEEZER's own discretion.
1192
1193The Developer agrees that nothing in these Terms shall prevent DEEZER to create, develop and commercialize services or products similar to the Developer's Personal Applications and/or Webpages.
1194
1195Furthermore, DEEZER may at any time and at its own discretion, quote, refer to, promote or communicate on the Developer's Personal Applications and/or Webpages, if necessary with a description of the relationship between DEEZER and the Developer.
1196
1197### X. SURVIVAL
1198
1199Sections III, VI, VII, IX, X and XI will remain in effect after the Developer ceases to access or use the Services.
1200
1201### XI. APPLICABLE LAW
1202
1203The present Terms are submitted to French law.
1204
1205In case of litigation, the parties will try to reach an agreement before any judicial proceeding. If no agreement can be reached, any claim regarding the validity, the interpretation and/or the execution of the Terms will have to be brought before a French court and thus even if there are multiple defenders or in case of guarantee enforcement.
1130Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by DEEZER shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of DEEZER.