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| 1 | ## Terms of Service | |
| 1 | - [Terms and Conditions of Use](https://www.deezer.com/legal/cgu) | |
| 2 | - [Offer Terms and Conditions of Use](https://www.deezer.com/legal/premium-service-terms) | |
| 3 | - [Terms and Conditions for the Deezer Service as distributed by its Partners](https://www.deezer.com/legal/partners-term) | |
| 4 | - [Previous Terms and Conditions](https://www.deezer.com/legal/cgu-old) | |
| 2 | 5 | |
| 3 | Find here our Terms of Service for Deezer Elite applicable before the 01/09/2017: [click here](https://cdn-files.dzcdn.net/pdfs/legal/cgu_elite_gb.pdf). | |
| 6 | ## Terms of Use | |
| 4 | 7 | |
| 5 | Last Updated: December 7, 2017 | |
| 6 | ||
| 7 | ## Terms of Service for Deezer Premium+, Deezer Family Service, the Student Offer and the Deezer Duo Service | |
| 8 | ||
| 9 | 8 | ### Article 1 - General |
| 10 | 9 | |
| 11 | These 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. | |
| 10 | Welcome to the terms of use for the Deezer Service (hereinafter the "Terms"), which includes the website accessible at http://www.deezer.com (hereinafter the "Site"), and its desktop, tablet and mobile applications (hereinafter the "Application"). | |
| 12 | 11 | |
| 13 | DEEZER 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"). | |
| 12 | The Site and Application are created, developed and operated by DEEZER S.A. (hereinafter "DEEZER") a French corporation listed in the Trade and Companies Register under number 898 969 852, the registered office of which is located at 24 rue de Calais 75009 Paris - FRANCE. | |
| 14 | 13 | |
| 15 | The 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. | |
| 14 | To access and use the Deezer Service, the user (hereinafter the "Deezer User") must (i) be at least 18 (eighteen) years old or 16 (sixteen) years old with the consent of a parent or legal guardian (ii) register and create a personal account and (iii) at the time of registration, accept these conditions of use (hereinafter the "Terms") without reservation. | |
| 16 | 15 | |
| 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.** | |
| 16 | The use of the Site and Application is only authorized for a personal and private use, therefore any other use, particularly in public premises and for businesses, is strictly forbidden. | |
| 18 | 17 | |
| 19 | The 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. | |
| 18 | ### Article 2 - Access to and use of the Deezer Service | |
| 20 | 19 | |
| 21 | ### Article 2 - Description of the Premium+ Service | |
| 20 | The use of the Deezer Service requires a high-speed Internet connection for personal computers and/or an Internet service for portable devices. These connections are not provided by DEEZER; therefore, the Deezer User must first have access to a high-speed Internet and/or mobile Internet connection in order to use the Deezer Service. | |
| 22 | 21 | |
| 23 | The 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. | |
| 22 | A mobile Internet connection via third, fourth or fifth generation (3G, 4G or 5G) mobile technology is highly recommended. | |
| 24 | 23 | |
| 25 | The main characteristics of the Premium+ Service are the following: | |
| 24 | The content available as part of the Deezer Service, whether audio, video, audiovisual, photographic, illustrative, etc. in any format and of any type (hereinafter the "Content"), is linked to the agreements in force with the rights-holders and may therefore change. DEEZER cannot guarantee the availability of any given track or album or any artist or group or any piece of content in the Deezer Service catalogue. | |
| 26 | 25 | |
| 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. | |
| 26 | Moreover, DEEZER cannot guarantee that any given Content in the Deezer Service catalogue will be available indefinitely. DEEZER assumes no liability for the withdrawal of any part of the Content made available. | |
| 30 | 27 | |
| 31 | As 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. | |
| 28 | ### Article 3 - Availability and modification of the Deezer Service | |
| 32 | 29 | |
| 33 | DEEZER 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. | |
| 30 | The Deezer Service can be accessed 24 (twenty-four) hours a day, 7 (seven) days a week, within the limits of the Terms and in particular the terms of Article 7 hereunder. | |
| 34 | 31 | |
| 35 | Once your subscription is expired or terminated, you have no right to access or use the Premium+ Service. | |
| 32 | To the fullest extent permitted by applicable laws, DEEZER has the right to make any changes or improvements to the Deezer Service as it deems necessary. | |
| 36 | 33 | |
| 37 | The 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. | |
| 34 | In addition, DEEZER has the right to temporarily suspend access to the Deezer Service, without prior notice or compensation, where necessary to carry out maintenance or ensure continuity of the Deezer Service. DEEZER is also entitled to shut the Deezer Service down permanently with no compensation payable. Any permanent shutdown of the Deezer Service will be notified to the Deezer User. | |
| 38 | 35 | |
| 39 | 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. | |
| 36 | ### Article 4 - Deezer User's liability | |
| 40 | 37 | |
| 41 | The 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. | |
| 38 | i) Each Deezer User can post messages, information and/or comments on the Site or the Application. The Deezer User is liable for any messages, content or information published by him/her on the Site or Application; DEEZER is considered to be an Internet service-hosting provider only and cannot be held liable for the content published by the Deezer User on the Site or Application, over which DEEZER has no control or supervision. | |
| 42 | 39 | |
| 43 | ### Article 3 - Use of the Premium+ Service | |
| 40 | To avoid being held liable, the Deezer User expressly agrees to ensure that any message published by him/her on the Site or Application complies with the following requirements (this list is not exhaustive): | |
| 44 | 41 | |
| 45 | Your 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. | |
| 42 | - Does not infringe third party intellectual property rights; the Deezer User therefore agrees not to publish content on the Site or Application that is 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 said rights; | |
| 46 | 43 | |
| 47 | ### 3.1. License | |
| 44 | - Contains no computer virus able to interrupt, destroy or affect the Site or Application's features; | |
| 48 | 45 | |
| 49 | As 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. | |
| 46 | - Does not encourage crime, violence, fanaticism, suicide or hatred criminal behavior or contain illegal or threatening messages or content of a pedophile, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic or revisionist nature or contrary to public order and good manners; | |
| 50 | 47 | |
| 51 | ### 3.2 Access | |
| 48 | - Does not infringe any right to privacy or promote disrespect for human dignity; | |
| 52 | 49 | |
| 53 | Prior to the use of the Premium+ Service, you must subscribe to the Premium+ Service on the Site or the Application. | |
| 50 | - Does not harass other users; | |
| 54 | 51 | |
| 55 | In order to subscribe to the Premium+ Service, you must: | |
| 52 | - Does not promote or encourage any criminal activity or enterprise; | |
| 56 | 53 | |
| 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. | |
| 54 | - Does not request and/or disclose passwords and/or personal information; | |
| 62 | 55 | |
| 63 | As 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. | |
| 56 | - Does not transmit email chains, mass unsolicited emails, instant messages, advertising messages and spam messages; | |
| 64 | 57 | |
| 65 | Once 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. | |
| 58 | - Contains no advertising and/or canvassing in order to offer products and/or services to sell on the Site and Application; | |
| 66 | 59 | |
| 67 | You 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. | |
| 60 | - Contains no addresses or Internet links transferring to an external website the content of which violates any applicable law and/or regulation, infringes third party rights or is in breach of the Terms. | |
| 68 | 61 | |
| 69 | You 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. | |
| 62 | ii) The Deezer User agrees not to use any automated system such as scripts for the purpose of adding users to his/her user account and/or sending comments or messages. | |
| 70 | 63 | |
| 71 | You 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. | |
| 64 | iii) The Deezer User undertakes not to reproduce or extract works and other protected objects accessible on the Site and/or the Application (in particular by the use of scripts, robots or any other automated system) for the purposes of (i) text and data mining and/or (ii) training machine learning models or artificial intelligence models. | |
| 72 | 65 | |
| 73 | As 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. | |
| 66 | iv) The Deezer User is solely responsible for keeping his/her password safe and confidential; he/she further undertakes not to disclose his/her password at any time to any other user or use the account, name or password of any other user. | |
| 74 | 67 | |
| 75 | ### 3.3 Price | |
| 68 | v) The Deezer User certifies the accuracy of the information given to DEEZER for his/her registration and agrees to notify any modification. | |
| 76 | 69 | |
| 77 | The subscription price of the Premium+ Service is indicated on the Site or on the Application and includes all applicable sales taxes, if any. | |
| 70 | vi) Deezer is to remove any content published by a Deezer User if it has reason to think that such content could be deemed copyright infringement or contrary to the Terms or any applicable law. | |
| 78 | 71 | |
| 79 | DEEZER 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. | |
| 72 | vii) If the Deezer User breaches the applicable legislation or infringes any third-party rights, DEEZER has the right to provide any information enabling or facilitating the identification of the offender at the request of any legal authority (courts, administrative authorities and police forces). | |
| 80 | 73 | |
| 81 | Any 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. | |
| 74 | viii) Finally, the Deezer User agrees to comply with all applicable export and re-export control standards, including applicable United States export and re-export control standards and similar applicable laws or regulations in other jurisdictions. In particular, the Deezer User is not authorized to use, transfer, export or re-export any product or service, including the recordings, made available to him/her from the Site and/or the Application, in the event that this would constitute an infringement to applicable standards, laws or regulations. The Deezer User further warrants that it is not subject to any economic sanctions or similar measures applied by (i) the United Nations, (ii) the government of the United States of America (including the Office of Foreign Assets Control (OFAC)), (iii) the United Kingdom, (iv) the European Union and its Member States, or (v) any other jurisdiction. | |
| 82 | 75 | |
| 83 | Different payment methods are accepted on the Site and the Application, including, Visa or MasterCard credit cards and PayPal). | |
| 76 | ### Article 5 - Disclaimer of warranties | |
| 84 | 77 | |
| 85 | It is underlined that when a Subscriber communicates to DEEZER his bank details, they are not kept by DEEZER. | |
| 78 | The Deezer User declares that he/she understands the scope and limitations of the Internet network. | |
| 86 | 79 | |
| 87 | The 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. | |
| 80 | DEEZER disclaims any and all liability for any malfunction in access to the Deezer Service, the speed at which the pages of the Site and/or Application open and can be read, the listening speed of any tracks, the temporary or permanent inaccessibility of the Deezer Service, and the fraudulent use by third parties of the information provided on the Site or Application. | |
| 88 | 81 | |
| 89 | ### Article 4 - Availability and modification of the Premium+ Service | |
| 82 | It is therefore the Deezer User's duty to protect his/her equipment against any form of intrusion and/or virus contamination, for which DEEZER can never be held liable. DEEZER can never be held liable for any malfunction of or damage caused to the Deezer User's device. | |
| 90 | 83 | |
| 91 | DEEZER 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. | |
| 84 | Deezer shall not be liable should the Deezer User's device be incompatible with the Deezer Service. | |
| 92 | 85 | |
| 93 | DEEZER will use reasonable efforts to provide you with at least twenty four (24) hours' notice prior to any Premium+ Service interruptions. | |
| 86 | More 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 prevents orders being carried out successfully. | |
| 94 | 87 | |
| 95 | If 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. | |
| 88 | Finally, the Deezer User is solely liable for his/her use of the Deezer Service and cannot hold DEEZER liable for any claim and/or proceedings against him/her in this regard. The Deezer User shall be responsible for any claim, complaint or objection and more broadly any proceedings brought against DEEZER by a third party in relation to the Deezer User's use of the Deezer Service. | |
| 96 | 89 | |
| 97 | ### Article 5 - Terms of Access to the Site and the Premium+ Service | |
| 90 | ### Article 6 - Intellectual property | |
| 98 | 91 | |
| 99 | In 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. | |
| 92 | The general structure of the Site, the Application, the Deezer Service and all elements composing it (such as but not limited to the logos, trademarks, domain names, Content, and their associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the Content) are the exclusive property of DEEZER and/or its licensors (notably the record and video producers, the record companies, authors' rights societies, etc.). | |
| 100 | 93 | |
| 101 | If 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. | |
| 94 | These elements are protected by intellectual property law and other laws. Any use any of these elements, unless for the purpose of using the Deezer Service, in accordance with the Terms, is strictly forbidden. | |
| 102 | 95 | |
| 103 | If 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. | |
| 96 | In particular, any reproduction and/or making available of all or part of the Site, the Application, the Deezer Service and/or the elements composing them (as described above), by any means is forbidden and would be treated as an infringement punishable by law. | |
| 104 | 97 | |
| 105 | ### Article 6 - Term and termination | |
| 98 | Any hyperlink to the Site or Application and use of the "framing" technique (a programming technique that makes it possible to divide browser windows into separate frames in order to display the content of an external website) or the "in-line linking" technique (programming to make one element extracted from another site disappear into a web page, which saves storage space on the hard drive on which the Site or the Application is hosted and makes it possible to hide the initial content of which the element is part from an uninformed user) is strictly prohibited. Any unfair and/or fraudulent use of a DEEZER account (such as for instance aiming to artificially or abnormally increase the number of times certain specific music tracks are played), by any automated processes such as robots and scripts or any other means, is strictly prohibited. | |
| 106 | 99 | |
| 107 | ### 6.1 Term and Renewal | |
| 100 | The Content is delivered as digital files protected by national and international intellectual property laws. They may only therefore be listened to within a private or family setting. Any use for a non-private purpose will render the Deezer User liable to civil and/or criminal proceedings. Any other use of the Content is strictly forbidden and more particularly any download or attempt to download, any transfer or attempt to transfer whether permanently or temporarily onto the hard drive of a computer or any other device (music players in particular), any ripping or burning or attempt to rip or burn any file or files onto a CD or any other medium is expressly forbidden. Any resale, exchange or renting of these files is strictly prohibited. | |
| 108 | 101 | |
| 109 | If 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. | |
| 102 | The Deezer User acknowledges that the Content made available to him/her within the Site and Application is protected by protective technical measures set up by DEEZER in order to prevent or limit, depending on the technology offered, the unauthorized use of the Content. | |
| 110 | 103 | |
| 111 | Instructions on how to cancel your Premium+ Service subscription are set forth in Article 6.3 below. | |
| 104 | The Deezer User agrees not to bypass these protective technical measures by any means, for the purpose of downloading these files and enabling them to be stored on his/her reception terminal regardless of what that is (computer, mobile phone, music player or other portable music disc player, etc.). | |
| 112 | 105 | |
| 113 | **Trial Periods** | |
| 106 | DEEZER strictly forbids all operations of harvesting and mining of texts and data and any other Content accessible on the Site and/or the Application. This opposition covers the entire Site, the Application and the Content to which it gives access. All operations of harvesting and mining of texts and data targeting the Site, the Application and its Content, including by automated data collection devices, therefore constitute acts of counterfeiting unless a specific agreement formally expressed by DEEZER is obtained. The absence of metadata associated with the Site and/or the Application, directories of the Site and/or the Application, Contents of the Site and/or the Application has no impact on the exercise of the right of opposition expressed by these terms and conditions. | |
| 114 | 107 | |
| 115 | DEEZER 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. | |
| 108 | ### Article 7 - Suspension and/or cancellation initiated by DEEZER or the Deezer User | |
| 116 | 109 | |
| 117 | ### 6.2. No Refund | |
| 110 | Without prejudice to any damages that DEEZER may claim, DEEZER has the right to suspend access to the Deezer Service by a Deezer User and/or cancel his/her subscription to the Deezer Service without notice or compensation, in the event that the Deezer User: | |
| 118 | 111 | |
| 119 | The 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. | |
| 112 | - Does not comply with the Terms and especially: | |
| 120 | 113 | |
| 121 | ### 6.3 Termination | |
| 114 | - Infringes DEEZER's or any third-party's intellectual property rights; | |
| 115 | - Bypasses or attempts to bypass the protective technical measures set up by DEEZER, as mentioned in Article 6 above; | |
| 116 | - Uses multiple simultaneous connections with the same account or attempts to do so; | |
| 117 | - Uses a payment method that appears as no longer valid and/or active at any time during the subscription of the Deezer User; | |
| 118 | - Provides false information at the time of his/her subscription to the Deezer Service; | |
| 122 | 119 | |
| 123 | #### 6.3.1. Subscription Termination Initiated by a Subscriber | |
| 120 | - Carries on activities prejudicial to DEEZER's commercial interests; | |
| 124 | 121 | |
| 125 | If 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. | |
| 122 | - Displays abusive behavior towards Deezer customer service (insulting, disrespectful, discriminatory remarks, any use of inappropriate language, harassment, etc.); or | |
| 126 | 123 | |
| 127 | If 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. | |
| 124 | - Breaches any applicable laws and/or regulations. | |
| 128 | 125 | |
| 129 | #### 6.3.2. Termination initiated by DEEZER | |
| 126 | The Deezer User may delete his/her account at any time from the Site or Application through "My account". | |
| 130 | 127 | |
| 131 | DEEZER 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. | |
| 128 | ### Article 8 - Absence of the right of withdrawal - period - renewal - cancellation - to the Deezer Service | |
| 132 | 129 | |
| 133 | Without 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: | |
| 130 | #### 8.1 No right of withdrawal (cooling-off period) | |
| 134 | 131 | |
| 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. | |
| 132 | The Deezer User expressly recognizes and accepts that the supply of the Deezer Service starts at the time his/her subscription is confirmed and acknowledges that consequently he/she loses his/her right to withdraw from the subscription. Accordingly, no request for withdrawal, cancellation or refund will be accepted once the subscription is confirmed, to the fullest extent permitted by applicable laws. | |
| 140 | 133 | |
| 141 | ### Article 7 - User Content and Other User Restrictions | |
| 134 | #### 8.2 Subscription Term | |
| 142 | 135 | |
| 143 | You 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"). | |
| 136 | DEEZER offers a monthly renewable subscription (or for any other term depending on the offers made on the Site or the Application). | |
| 144 | 137 | |
| 145 | By 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. | |
| 138 | #### 8.3 Renewal | |
| 146 | 139 | |
| 147 | You 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. | |
| 140 | Unless cancelled by the Deezer User pursuant to Article 7, and unless the Deezer User uses a non-recurring payment method, the subscription to the Service shall renew automatically for exactly the same duration as the initial term. For example, if the Deezer User subscribes to a monthly subscription, such subscription will be renewed automatically each month. | |
| 148 | 141 | |
| 149 | You 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. | |
| 142 | #### 8.4 Cancellation | |
| 150 | 143 | |
| 151 | You agree not to: | |
| 144 | Where a subscription is made by the Deezer User directly from the Site or Application, in order to cancel his/her subscription the Deezer User must go to his/her account and click "[Cancel my subscription](http://www.deezer.com/account)". Cancellation will be effective at the end of the current subscription period, if made at least 48 (forty-eight) hours before the end of the period. | |
| 152 | 145 | |
| 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. | |
| 146 | Notwithstanding the above, for free trial offers proposed by DEEZER and requiring the provision of valid payment method, the termination requested by the Deezer User will take effect at the earliest on the same day as the termination carried out by the Deezer User. This action is irreversible and the Deezer User will not be able to subscribe again to the same free trial offer. | |
| 156 | 147 | |
| 157 | ### Article 8 - Privacy Policy | |
| 148 | If the subscription was made by the Deezer User via a third-party (such as Apple for example), the Deezer User must first check the cancellation conditions for his/her subscription in the "My account" section of the Site, available [here](http://www.deezer.com/account), then follow the instructions to cancel the subscription. The Deezer User should be aware that conditions (how to cancel, within what timeframe, etc.) may vary from one third-party platform to another. | |
| 158 | 149 | |
| 159 | In 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. | |
| 150 | #### 8.5 Trial and Promotional offers | |
| 160 | 151 | |
| 161 | ### Article 9 - Limitation of Liability; Indemnification | |
| 152 | Some trials or promotional offers of the Deezer Service for a different duration may be offered on the Site or the Application, temporarily or otherwise. Unless stated otherwise, these trial and promotional offers will be subject to these Terms and will be limited to one subscription per physical person whatever the trial or promotional offer. | |
| 162 | 153 | |
| 163 | YOU 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. | |
| 154 | Certain trial or promotional offers are subject to the provision of payment details. Unless stated otherwise on the Site or Application or in the Terms, and unless the subscription is cancelled by the Deezer User at least 48 (forty-eight) hours before the conversion, any trial or promotional offer is automatically converted into a monthly subscription at the price stated in the offer or, otherwise, at the price applicable to the monthly subscription to the Deezer Service. Specific offer conditions shall apply. | |
| 164 | 155 | |
| 165 | You 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. | |
| 156 | For a trial or discovery period, the end of the period occurs at the date and time as indicated in the Deezer User's account, unless stated otherwise on the Site. | |
| 166 | 157 | |
| 167 | ### Article 10 - DEEZER Digital Millennium Copyright Act Policy | |
| 158 | ### Article 9 - Subscription to the Deezer Service | |
| 168 | 159 | |
| 169 | If 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. | |
| 160 | In order to subscribe to the Deezer Service, every Deezer User must: | |
| 170 | 161 | |
| 171 | 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. | |
| 162 | - Be already registered, and logged in to the Site or Application; | |
| 172 | 163 | |
| 173 | Pursuant 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. | |
| 164 | - Pay the price for his/her subscription via one of the payment systems offered; | |
| 174 | 165 | |
| 175 | A Notification should include the following: | |
| 166 | - Confirm his/her subscription; and | |
| 176 | 167 | |
| 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. | |
| 168 | - Provide all necessary information for invoicing purposes where an invoice is required by applicable laws. | |
| 183 | 169 | |
| 184 | Notifications should be sent to our Copyright Agent at: | |
| 170 | Subject to the other conditions of the Terms, subscription to the Deezer Service will become effective only once DEEZER sends the aforementioned confirmation email. DEEZER recommends that the Deezer User saves and/or prints out this email. | |
| 185 | 171 | |
| 186 | Address: Deezer S.A., 24 rue de Calais 75009 Paris | |
| 187 | Phone number: +33 (0)1 55 80 69 00 | |
| 172 | The Deezer User can change the password given on his/her account at any time by clicking the "My information" section. | |
| 188 | 173 | |
| 189 | Notifications shall be sent to the e-mail address: [dmca@deezer.com](mailto:dmca@deezer.com) | |
| 174 | The Deezer User agrees to inform DEEZER, without delay, of any change or update to the information provided at the time of subscribing to the Deezer Service and any change in his/her email address or bank details in particular. The Deezer User can change any of his/her information at any time on his/her account on the Site or Application by clicking the "My information" section. | |
| 190 | 175 | |
| 191 | Notifications will be forwarded to Subscribers whose material or links are the subject of the Notification and to chillingeffects.org. | |
| 176 | The Deezer User must immediately inform DEEZER of any loss or unauthorized use of his/her account, identification details or password. The passwords and identification details are personal and the Deezer User undertakes not to disclose them. As a result, the Deezer User is solely responsible for their use. | |
| 192 | 177 | |
| 193 | ### Article 11 - Disclaimer of Warranties | |
| 178 | The Deezer User is solely liable for the consequences arising from the misuse of his/her account by the Deezer User himself/herself or by a third party who has accessed the Deezer User's account due to the Deezer User's fault or negligence, and as a result, the Deezer User acknowledges that DEEZER and all its partners, co-contracting party(ies) or rights-holders cannot be held liable in this regard. | |
| 194 | 179 | |
| 195 | THE 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. | |
| 180 | ### Article 10 - Price | |
| 196 | 181 | |
| 197 | YOU 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. | |
| 182 | The subscription price is stated on the Site or in the Application and is inclusive of all taxes except in Canada where the price is shown exclusive of all taxes. | |
| 198 | 183 | |
| 199 | The 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. | |
| 184 | DEEZER has the right to change the price of all subscription offers from time to time. DEEZER will inform each Deezer User by email to the address provided by the Deezer User at the time of registration to the Deezer Service (or as subsequently updated on his/her account) and/or by an in-app notification, of any price increase at least 30 (thirty) days before it comes into effect. If the Deezer User does not accept this increase, he/she can cancel his/her subscription pursuant to Article 7 above; such cancellation will come into effect on the next monthly subscription due date. If the Subscription is not cancelled, the new price will apply to the Deezer User from the following monthly subscription payment due date. | |
| 200 | 185 | |
| 201 | DEEZER 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. | |
| 186 | Any increase in the rate of VAT (Value Added Tax) will be passed on automatically and immediately in the price of the Deezer Service. The same will apply should a new tax be created, based on the price of the Deezer Service and applicable to DEEZER. The conditions for cancellation applicable in the event of a change in price of the Deezer Service mentioned above will apply under the same conditions in the event of a price change arising from an increase in or the creation of new taxes. | |
| 202 | 187 | |
| 203 | Finally, 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. | |
| 188 | Deezer Users are reminded that the connection and communication (Internet) costs relating to the use of the Deezer Service are not borne by DEEZER and are payable solely by the Deezer User. | |
| 204 | 189 | |
| 205 | ### Article 12 - Data Collection Systems | |
| 190 | ### Article 11 - Payment | |
| 206 | 191 | |
| 207 | DEEZER and its partners implement data collection systems on Subscribers' computer. | |
| 192 | Various payment methods are offered on the Site or Application (credit cards, prepaid cards, PayPal and/or other payment methods). | |
| 208 | 193 | |
| 209 | In 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). | |
| 194 | When using a credit card, the Deezer User declares that he/she is the owner of a credit card issued by a bank in the same country. | |
| 210 | 195 | |
| 211 | ### Article 13 - Intellectual Property | |
| 196 | When using any other payment system, the Deezer User declares that he/she uses a payment system and/or account registered in the same country. | |
| 212 | 197 | |
| 213 | The 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. | |
| 198 | Depending on the subscription period chosen by the Deezer User, the subscription price is paid either monthly or annually. The first payment will be made at the time of subscription, and thereafter Deezer User will be automatically charged on a monthly or yearly basis until the subscription is cancelled, whether cancellation is initiated by the Deezer User or by DEEZER, as described in Article 7. | |
| 214 | 199 | |
| 215 | Any unauthorized use of the Site, the Application, the Premium+ Service or the DEEZER Content without the express consent of DEEZER is strictly forbidden. | |
| 200 | For optimized transaction security, DEEZER has chosen the payment systems of various companies with which it has entered into agreements. The warranties given by DEEZER in terms of transaction security are identical to those obtained by DEEZER from these payment service providers. | |
| 216 | 201 | |
| 217 | The 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. | |
| 202 | Unless the Deezer User provides evidence to the contrary, the computerized records kept within the computer systems of DEEZER and its partners in conditions of reasonable security will be treated as proof of communications, orders, validations and payments that have taken place between the Deezer User and DEEZER. This information shall be treated as valid proof between the Deezer User and DEEZER. | |
| 218 | 203 | |
| 219 | 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 Site is strictly prohibited. | |
| 204 | ### Article 12 - Amendments of the Terms | |
| 220 | 205 | |
| 221 | DEEZER 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. | |
| 206 | DEEZER has the right to amend the Terms at its sole discretion. DEEZER will inform the Deezer User by email to the email address given on the Deezer User's account and/or by an in-app notification, of any amendments of the Terms at least 1 (one) month before they come into effect, to the fullest extent permitted by applicable laws. If the Deezer User does not accept these amendments, he/she will have to delete his/her account on the Site or Application as mentioned in Article 7 above. Unless the Deezer User deletes his/her account, the amended Terms will come into effect 1 (one) month following receipt of notification of the amendment of the Terms. | |
| 222 | 207 | |
| 223 | ### Article 14 - Modifications of the Terms of Service | |
| 208 | ### Article 13 - Customer Service and Deezer Community | |
| 224 | 209 | |
| 225 | DEEZER 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. | |
| 210 | #### 13.1 Customer Service | |
| 226 | 211 | |
| 227 | ### Article 15 - Contact DEEZER | |
| 212 | As part of his/her access to and use of the Deezer Service, DEEZER provides the Deezer User with a customer support service that can answer any questions the Deezer User might have about his/her account and the services made available by DEEZER (the "Customer Service"). | |
| 228 | 213 | |
| 229 | For 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). | |
| 214 | The Deezer User will be able to request information about, for instance: | |
| 230 | 215 | |
| 231 | ### Article 16 - Nullity of a term | |
| 216 | - his/her access to and use of the services provided by DEEZER; | |
| 232 | 217 | |
| 233 | You 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. | |
| 218 | - his/her account and changing his/her account information. | |
| 234 | 219 | |
| 235 | ### Article 17 - Choice of Law | |
| 220 | The Deezer User can contact DEEZER through the Site or Application by clicking on the "[Contact us](https://en.deezercommunity.com/site/terms)" section or writing to the following address: | |
| 236 | 221 | |
| 237 | These 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. | |
| 238 | ||
| 239 | ### Article 18 - Arbitration Agreement and Waiver of Class Remedies | |
| 240 | ||
| 241 | The 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. | |
| 242 | ||
| 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.** | |
| 244 | ||
| 245 | The 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. | |
| 246 | ||
| 247 | You 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. | |
| 248 | ||
| 249 | ### Article 19 - Assignment | |
| 250 | ||
| 251 | DEEZER 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. | |
| 252 | ||
| 253 | ### Article 20 - Entire Agreement | |
| 254 | ||
| 255 | These 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. | |
| 256 | ||
| 257 | ### Article 21 - No Waiver | |
| 258 | ||
| 259 | The 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. | |
| 260 | ||
| 261 | The 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. | |
| 262 | ||
| 263 | Except 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. | |
| 264 | ||
| 265 | ### Article 22 - Specific conditions for the Deezer Family Service | |
| 266 | ||
| 267 | The 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. | |
| 268 | ||
| 269 | The 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. | |
| 270 | ||
| 271 | However, 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. | |
| 272 | ||
| 273 | The 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. | |
| 274 | ||
| 275 | The subscription to the Deezer Family Service is not available for: | |
| 276 | ||
| 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. | |
| 281 | ||
| 282 | The 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. | |
| 283 | ||
| 284 | ### Article 23 - Specific conditions for the Student Offer Service | |
| 285 | ||
| 286 | The 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. | |
| 287 | ||
| 288 | The 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. | |
| 289 | ||
| 290 | The 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. | |
| 291 | ||
| 292 | At 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. | |
| 293 | ||
| 294 | The 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. | |
| 295 | ||
| 296 | ### Article 24 - Specific conditions for the Deezer Duo Service | |
| 297 | ||
| 298 | These 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. | |
| 299 | ||
| 300 | The 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. | |
| 301 | ||
| 302 | However, 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. | |
| 303 | ||
| 304 | The 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. | |
| 305 | ||
| 306 | Subscription to the Deezer Duo Service is not available for any person who uses as means of payment an old version of the Paypal app. | |
| 307 | ||
| 308 | Deezer 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. | |
| 309 | ||
| 310 | In 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. | |
| 311 | ||
| 312 | In 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. | |
| 313 | ||
| 314 | The 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. | |
| 315 | ||
| 316 | Without 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." | |
| 317 | ||
| 318 | ## Terms of Service for Deezer Premium+ for Bose Customers | |
| 319 | ||
| 320 | These 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. | |
| 321 | ||
| 322 | The 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. | |
| 323 | ||
| 324 | The 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. | |
| 325 | ||
| 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.** | |
| 327 | ||
| 328 | The 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. | |
| 329 | ||
| 330 | ### Article 1 - Eligibility & Offer | |
| 331 | ||
| 332 | The 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/) | |
| 333 | ||
| 334 | Eligible 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. | |
| 335 | ||
| 336 | The SoundLink Products allowing eligibility to the Offer are: | |
| 337 | ||
| 338 | - SoundLink Color | |
| 339 | - SoundLink Mini Bluetooth speaker | |
| 340 | - SoundLink Mobile III Bluetooth speaker | |
| 341 | - SoundLink AE Bluetooth headphones | |
| 342 | - SoundLink OE Bluetooth headphones | |
| 343 | ||
| 344 | The SoundTouch Products allowing eligibility to the Offer are: | |
| 345 | ||
| 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 | |
| 353 | ||
| 354 | Eligible 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. | |
| 355 | ||
| 356 | The 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. | |
| 357 | ||
| 358 | The 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. | |
| 359 | ||
| 360 | Eligible 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. | |
| 361 | ||
| 362 | The 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. | |
| 363 | ||
| 364 | Detailed 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. | |
| 365 | ||
| 366 | ### Article 2 - Description of the Premium + Service | |
| 367 | ||
| 368 | The 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. | |
| 369 | ||
| 370 | The main characteristics of the Premium + Service are the following: | |
| 371 | ||
| 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). | |
| 375 | ||
| 376 | As 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. | |
| 377 | ||
| 378 | DEEZER 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. | |
| 379 | ||
| 380 | Once your subscription is expired or terminated, you have no right to access or use the Premium + Service. | |
| 381 | ||
| 382 | The 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. | |
| 383 | ||
| 384 | The 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. | |
| 385 | ||
| 386 | ### Article 3 - Use of the Service | |
| 387 | ||
| 388 | Your access to the Site and use of the Service requires a high-speed internet connection. | |
| 389 | ||
| 390 | For 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. | |
| 391 | ||
| 392 | #### 3.1 Use of the Premium + Service | |
| 393 | ||
| 394 | #### 3.1.1 Licence | |
| 395 | ||
| 396 | As 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. | |
| 397 | ||
| 398 | #### 3.2 Access | |
| 399 | ||
| 400 | Prior to the use of the Premium + Service, you must subscribe to the Premium + Service on the Site or the Application. | |
| 401 | ||
| 402 | In order to subscribe to a Premium + Service, you must: | |
| 403 | ||
| 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. | |
| 408 | ||
| 409 | As 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. | |
| 410 | ||
| 411 | Once 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. | |
| 412 | ||
| 413 | You 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. | |
| 414 | ||
| 415 | You 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. | |
| 416 | ||
| 417 | You 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. | |
| 418 | ||
| 419 | As 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. | |
| 420 | ||
| 421 | #### 3.3 Price | |
| 422 | ||
| 423 | The subscription price of the Premium + Service is indicated on the Site or on the Application and includes all taxes. | |
| 424 | ||
| 425 | DEEZER 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. | |
| 426 | ||
| 427 | Any 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. | |
| 428 | ||
| 429 | Different payment methods are accepted on the Site, including, Visa or MasterCard credit cards and PayPal. | |
| 430 | ||
| 431 | It is underlined that when a Subscriber communicates to DEEZER his bank details, they are not kept by DEEZER. | |
| 432 | ||
| 433 | The 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. | |
| 434 | ||
| 435 | ### Article 4 - Availability and modification of the Service | |
| 436 | ||
| 437 | DEEZER 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. | |
| 438 | ||
| 439 | DEEZER will use reasonable efforts to provide you with at least twenty four (24) hours' notice prior to any Service interruptions. | |
| 440 | ||
| 441 | If 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. | |
| 442 | ||
| 443 | ### Article 5 - Terms of Access to the Site and Service | |
| 444 | ||
| 445 | In 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. | |
| 446 | ||
| 447 | If you are not at least 13 years of age, you shall not attempt to access the Site or use the Service. | |
| 448 | ||
| 449 | If 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. | |
| 450 | ||
| 451 | Please note that certain functionalities or features of the Service described on the Site or Application may be not available in your country. | |
| 452 | ||
| 453 | ### Article 6 - Term and termination | |
| 454 | ||
| 455 | #### 6.1 Term and Renewal | |
| 456 | ||
| 457 | If 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. | |
| 458 | ||
| 459 | Instructions on how to cancel your Premium + Service subscription are set forth in Article 6.3 below. | |
| 460 | ||
| 461 | #### Trial Periods | |
| 462 | ||
| 463 | DEEZER 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. | |
| 464 | ||
| 465 | #### 6.2. No Refund | |
| 466 | ||
| 467 | The 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. | |
| 468 | ||
| 469 | #### 6.3 Termination | |
| 470 | ||
| 471 | #### 6.3.1. Subscription Termination Initiated by a Subscriber | |
| 472 | ||
| 473 | If 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. | |
| 474 | ||
| 475 | If 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. | |
| 476 | ||
| 477 | #### 6.3.2. Termination initiated by DEEZER | |
| 478 | ||
| 479 | DEEZER 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. | |
| 480 | ||
| 481 | Without 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: | |
| 482 | ||
| 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. | |
| 488 | ||
| 489 | ### Article 7 - User Content and Other User Restrictions | |
| 490 | ||
| 491 | You 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"). | |
| 492 | ||
| 493 | By 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. | |
| 494 | ||
| 495 | You 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. | |
| 496 | ||
| 497 | You 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. | |
| 498 | ||
| 499 | You agree not to: | |
| 500 | ||
| 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. | |
| 504 | ||
| 505 | ### Article 8 - Privacy Policy | |
| 506 | ||
| 507 | In 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. | |
| 508 | ||
| 509 | ### Article 9 - Limitation of Liability; Indemnification | |
| 510 | ||
| 511 | YOU 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. | |
| 512 | ||
| 513 | You 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. | |
| 514 | ||
| 515 | ### Article 10 - DEEZER Digital Millennium Copyright Act Policy | |
| 516 | ||
| 517 | If 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. | |
| 518 | ||
| 519 | 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. | |
| 520 | ||
| 521 | Pursuant 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. | |
| 522 | ||
| 523 | A Notification should include the following: | |
| 524 | ||
| 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. | |
| 531 | ||
| 532 | Notifications should be adressed to our Copyright Agent at: | |
| 533 | ||
| 534 | Attn.: Daniel MARHELY | |
| 535 | ||
| 536 | **Deezer** | |
| 222 | Deezer | |
| 223 | c/o Customer Service | |
| 537 | 224 | 24 rue de Calais 75009 Paris |
| 538 | 225 | FRANCE |
| 539 | 226 | |
| 540 | And should be sent to dmca@deezer.com | |
| 227 | Customer Service will make every effort to respond to such requests within a reasonable timeframe. | |
| 541 | 228 | |
| 542 | Notifications will be forwarded to those whose material or links are the subject of the Notification and to chillingeffects.org. | |
| 229 | #### 13.2 Deezer Community | |
| 543 | 230 | |
| 544 | ### Article 11 - Disclaimer of Warranties | |
| 231 | As part of his/her access to and use of the Deezer Service, DEEZER also provides the Deezer User with an access to an online community, accessible through the deezercommunity.com website (the "Community") where the Deezer User will notably be able to find information regarding the Deezer Service and interact with other Deezer Users. | |
| 545 | 232 | |
| 546 | THE 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. | |
| 233 | As part of the Community, the Deezer User will in particular be able to: | |
| 547 | 234 | |
| 548 | YOU 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. | |
| 235 | - Consult and contribute to a forum through posts, reactions and comments; | |
| 549 | 236 | |
| 550 | The 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. | |
| 237 | - Post images, links and other content; | |
| 551 | 238 | |
| 552 | DEEZER 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. | |
| 239 | - Interact with other Deezer Users, DEEZER's moderators, and/or Customer Service through comments and/or private messages. | |
| 553 | 240 | |
| 554 | Finally, 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. | |
| 241 | Use of the Community is subject to acceptance of and compliance with its terms and conditions, available here: [https://en.deezercommunity.com/site/terms](https://en.deezercommunity.com/site/terms). | |
| 555 | 242 | |
| 556 | ### Article 12 - Cookies | |
| 243 | ### Article 14 - Invalidity of any clause - Entire Agreement | |
| 557 | 244 | |
| 558 | DEEZER and its partners implement cookies on Subscribers' computer. | |
| 245 | Should any of the clauses of the Terms be deemed void for any reason, the remaining Terms will still apply without any modification, to the fullest extent permitted by applicable laws. | |
| 559 | 246 | |
| 560 | In 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/) | |
| 247 | These Terms (including the Offer Terms and the Partners Terms) constitute the entire agreement between DEEZER and the Deezer User with respect to the subject matter hereof, and supersede all prior agreements and understandings of the parties, oral and written. | |
| 561 | 248 | |
| 562 | ### Article 13 - Intellectual Property | |
| 249 | ### Article 15 - Jurisdiction - Claims and disputes | |
| 563 | 250 | |
| 564 | The 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. | |
| 251 | These Terms are governed by the law of the country where the Deezer User has his/her habitual residence. | |
| 565 | 252 | |
| 566 | Any unauthorized use of the Site, Service or the DEEZER Content without the express consent of DEEZER is strictly forbidden. | |
| 253 | Any claim relating to the application of these Terms must be emailed to Customer Service via the Site by clicking the link [http://www.deezer.com/support](http://www.deezer.com/support), or sent by post to Deezer - Customer Service - 24 rue de Calais 75009 Paris - FRANCE. | |
| 567 | 254 | |
| 568 | The 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. | |
| 255 | For Deezer Users residing in a member state of the European Union, should a claim made by a Deezer User (i) has not been resolved by Customer Service or (ii) remain without response for more than 2 (two) months following receipt of the claim by Customer Service, the Deezer 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/). | |
| 569 | 256 | |
| 570 | 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 Site is strictly prohibited. | |
| 571 | ||
| 572 | DEEZER 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. | |
| 573 | ||
| 574 | ### Article 14 - Modifications of the Terms of Service | |
| 575 | ||
| 576 | DEEZER 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. | |
| 577 | ||
| 578 | ### Article 15 - Contact DEEZER | |
| 579 | ||
| 580 | For 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) | |
| 581 | ||
| 582 | ### Article 16 - Nullity of a term | |
| 583 | ||
| 584 | You 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. | |
| 585 | ||
| 586 | ### Article 17 - Choice of Law | |
| 587 | ||
| 588 | These 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. | |
| 589 | ||
| 590 | ### Article 18 - Arbitration Agreement and Waiver of Class Remedies | |
| 591 | ||
| 592 | The 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. | |
| 593 | ||
| 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.** | |
| 595 | ||
| 596 | The 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. | |
| 597 | ||
| 598 | You 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. | |
| 599 | ||
| 600 | ### Article 19 - Assignment | |
| 601 | ||
| 602 | DEEZER 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. | |
| 603 | ||
| 604 | ### Article 20 - Entire Agreement | |
| 605 | ||
| 606 | These 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. | |
| 607 | ||
| 608 | ### Article 21 - No Waiver | |
| 609 | ||
| 610 | The 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. | |
| 611 | ||
| 612 | The 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. | |
| 613 | ||
| 614 | Except 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. | |
| 615 | ||
| 616 | Last Updated: September 1, 2017 | |
| 617 | ||
| 618 | ## Terms of Service for Deezer HiFi | |
| 619 | ||
| 620 | ### Article 1 - General | |
| 621 | ||
| 622 | These 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. | |
| 623 | ||
| 624 | DEEZER 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"). | |
| 625 | ||
| 626 | The 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. | |
| 627 | ||
| 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.** | |
| 629 | ||
| 630 | The 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. | |
| 631 | ||
| 632 | ### Article 2 - Description of the HiFi Service | |
| 633 | ||
| 634 | The 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. | |
| 635 | ||
| 636 | The main characteristics of the HiFi Service are the following: | |
| 637 | ||
| 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). | |
| 641 | ||
| 642 | As 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. | |
| 643 | ||
| 644 | DEEZER 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. | |
| 645 | ||
| 646 | Once your subscription is expired or terminated, you have no right to access or use the HiFi Service. | |
| 647 | ||
| 648 | The HiFi Service can be used on limited compatible devices. The list of these devices can be found [here](http://www.deezer.com/devices). | |
| 649 | ||
| 650 | The 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. | |
| 651 | ||
| 652 | The 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. | |
| 653 | ||
| 654 | The 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. | |
| 655 | ||
| 656 | ### Article 3 - Use of the HiFi Service | |
| 657 | ||
| 658 | Your 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. | |
| 659 | ||
| 660 | ### 3.1. License | |
| 661 | ||
| 662 | As 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. | |
| 663 | ||
| 664 | ### 3.2 Access | |
| 665 | ||
| 666 | Prior to the use of the HiFi Service, you must subscribe to the HiFi Service on the Site or the Application. | |
| 667 | ||
| 668 | In order to subscribe to the HiFi Service, you must: | |
| 669 | ||
| 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. | |
| 675 | ||
| 676 | As 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. | |
| 677 | ||
| 678 | Once 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. | |
| 679 | ||
| 680 | You 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. | |
| 681 | ||
| 682 | You 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. | |
| 683 | ||
| 684 | You 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. | |
| 685 | ||
| 686 | As 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. | |
| 687 | ||
| 688 | ### 3.3 Price | |
| 689 | ||
| 690 | The subscription price of the HiFi Service is indicated on the Site or on the Application and includes all applicable sales taxes, if any. | |
| 691 | ||
| 692 | DEEZER 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. | |
| 693 | ||
| 694 | Any 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. | |
| 695 | ||
| 696 | Different payment methods are accepted on the Site and the Application, including, Visa or MasterCard credit cards and PayPal). | |
| 697 | ||
| 698 | It is underlined that when a Subscriber communicates to DEEZER his bank details, they are not kept by DEEZER. | |
| 699 | ||
| 700 | The 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. | |
| 701 | ||
| 702 | In 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. | |
| 703 | ||
| 704 | There will be no refund of the price paid for the Premium+ Service subscription due to the upgrade. | |
| 705 | ||
| 706 | ### Article 4 - Availability and modification of the HiFi Service | |
| 707 | ||
| 708 | DEEZER 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. | |
| 709 | ||
| 710 | DEEZER will use reasonable efforts to provide you with at least twenty four (24) hours' notice prior to any HiFi Service interruptions. | |
| 711 | ||
| 712 | If 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. | |
| 713 | ||
| 714 | ### Article 5 - Terms of Access to the Site and the HiFi Service | |
| 715 | ||
| 716 | In 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. | |
| 717 | ||
| 718 | If 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. | |
| 719 | ||
| 720 | If 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. | |
| 721 | ||
| 722 | ### Article 6 - Term and termination | |
| 723 | ||
| 724 | ### 6.1 Term and Renewal | |
| 725 | ||
| 726 | If 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. | |
| 727 | ||
| 728 | Instructions on how to cancel your HiFi Service subscription are set forth in Article 6.3 below. | |
| 729 | ||
| 730 | **Trial Periods** | |
| 731 | ||
| 732 | DEEZER 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. | |
| 733 | ||
| 734 | ### 6.2. No Refund | |
| 735 | ||
| 736 | The 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. | |
| 737 | ||
| 738 | ### 6.3 Termination | |
| 739 | ||
| 740 | #### 6.3.1. Subscription Termination Initiated by a Subscriber | |
| 741 | ||
| 742 | If 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. | |
| 743 | ||
| 744 | If 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. | |
| 745 | ||
| 746 | #### 6.3.2. Termination initiated by DEEZER | |
| 747 | ||
| 748 | DEEZER 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. | |
| 749 | ||
| 750 | Without 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: | |
| 751 | ||
| 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. | |
| 757 | ||
| 758 | ### Article 7 - User Content and Other User Restrictions | |
| 759 | ||
| 760 | You 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"). | |
| 761 | ||
| 762 | By 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. | |
| 763 | ||
| 764 | You 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. | |
| 765 | ||
| 766 | You 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. | |
| 767 | ||
| 768 | You agree not to: | |
| 769 | ||
| 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. | |
| 773 | ||
| 774 | ### Article 8 - Privacy Policy | |
| 775 | ||
| 776 | In 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. | |
| 777 | ||
| 778 | ### Article 9 - Limitation of Liability; Indemnification | |
| 779 | ||
| 780 | YOU 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. | |
| 781 | ||
| 782 | You 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. | |
| 783 | ||
| 784 | ### Article 10 - DEEZER Digital Millennium Copyright Act Policy | |
| 785 | ||
| 786 | If 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. | |
| 787 | ||
| 788 | 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. | |
| 789 | ||
| 790 | Pursuant 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. | |
| 791 | ||
| 792 | A Notification should include the following: | |
| 793 | ||
| 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. | |
| 800 | ||
| 801 | Notifications should be sent to our Copyright Agent at: | |
| 802 | ||
| 803 | Address: Deezer S.A., 24 rue de Calais 75009 Paris | |
| 804 | Phone number: +33 (0)1 55 80 69 00 | |
| 805 | ||
| 806 | Notifications shall be sent to the e-mail address: [dmca@deezer.com](mailto:dmca@deezer.com) | |
| 807 | ||
| 808 | Notifications will be forwarded to Subscribers whose material or links are the subject of the Notification and to chillingeffects.org. | |
| 809 | ||
| 810 | ### Article 11 - Disclaimer of Warranties | |
| 811 | ||
| 812 | THE 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. | |
| 813 | ||
| 814 | YOU 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. | |
| 815 | ||
| 816 | The 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. | |
| 817 | ||
| 818 | DEEZER 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. | |
| 819 | ||
| 820 | Finally, 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. | |
| 821 | ||
| 822 | ### Article 12 - Data Collection Systems | |
| 823 | ||
| 824 | DEEZER and its partners implement data collection systems on Subscribers' computer. | |
| 825 | ||
| 826 | In 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). | |
| 827 | ||
| 828 | ### Article 13 - Intellectual Property | |
| 829 | ||
| 830 | The 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. | |
| 831 | ||
| 832 | Any unauthorized use of the Site, the Application, the HiFi Service or the DEEZER Content without the express consent of DEEZER is strictly forbidden. | |
| 833 | ||
| 834 | The 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. | |
| 835 | ||
| 836 | 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 Site is strictly prohibited. | |
| 837 | ||
| 838 | DEEZER 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. | |
| 839 | ||
| 840 | ### Article 14 - Modifications of the Terms of Service | |
| 841 | ||
| 842 | DEEZER 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. | |
| 843 | ||
| 844 | ### Article 15 - Contact DEEZER | |
| 845 | ||
| 846 | For 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). | |
| 847 | ||
| 848 | ### Article 16 - Nullity of a term | |
| 849 | ||
| 850 | You 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. | |
| 851 | ||
| 852 | ### Article 17 - Choice of Law | |
| 853 | ||
| 854 | These 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. | |
| 855 | ||
| 856 | ### Article 18 - Arbitration Agreement and Waiver of Class Remedies | |
| 857 | ||
| 858 | The 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. | |
| 859 | ||
| 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.** | |
| 861 | ||
| 862 | The 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. | |
| 863 | ||
| 864 | You 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. | |
| 865 | ||
| 866 | ### Article 19 - Assignment | |
| 867 | ||
| 868 | DEEZER 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. | |
| 869 | ||
| 870 | ### Article 20 - Entire Agreement | |
| 871 | ||
| 872 | These 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. | |
| 873 | ||
| 874 | ### Article 21 - No Waiver | |
| 875 | ||
| 876 | The 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. | |
| 877 | ||
| 878 | The 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. | |
| 879 | ||
| 880 | Except 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. | |
| 881 | ||
| 882 | ## Terms of Service for Cricket | |
| 883 | ||
| 884 | ### Article 1 - General | |
| 885 | ||
| 886 | These 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. | |
| 887 | ||
| 888 | DEEZER 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"). | |
| 889 | ||
| 890 | The 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. | |
| 891 | ||
| 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.** | |
| 893 | ||
| 894 | The 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. | |
| 895 | ||
| 896 | ### Article 2 - Description of the Deezer Service | |
| 897 | ||
| 898 | The 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. | |
| 899 | ||
| 900 | The main characteristics of the Deezer Service are the following: | |
| 901 | ||
| 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. | |
| 904 | ||
| 905 | As 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. | |
| 906 | ||
| 907 | DEEZER 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. | |
| 908 | ||
| 909 | Once your subscription is expired or terminated, you have no right to access or use the Deezer Service. | |
| 910 | ||
| 911 | The 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. | |
| 912 | ||
| 913 | The 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. | |
| 914 | ||
| 915 | The 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. | |
| 916 | ||
| 917 | ### Article 3 - Use of the Deezer Service | |
| 918 | ||
| 919 | Your use of the Deezer Service requires a high-speed internet connection. | |
| 920 | ||
| 921 | For 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. | |
| 922 | ||
| 923 | #### 3.1. License | |
| 924 | ||
| 925 | As 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. | |
| 926 | ||
| 927 | #### 3.2 Access | |
| 928 | ||
| 929 | Prior to the use of the Deezer Service, you must subscribe to the Deezer Service. | |
| 930 | ||
| 931 | In order to subscribe to a Deezer Service, you must: | |
| 932 | ||
| 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. | |
| 938 | ||
| 939 | As 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. | |
| 940 | ||
| 941 | Once 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. | |
| 942 | ||
| 943 | You 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. | |
| 944 | ||
| 945 | You 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. | |
| 946 | ||
| 947 | You 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. | |
| 948 | ||
| 949 | As 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. | |
| 950 | ||
| 951 | #### 3.3 Price | |
| 952 | ||
| 953 | The subscription price of the Deezer Service is indicated on the Application and includes all applicable sales taxes, if any. | |
| 954 | ||
| 955 | DEEZER 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. | |
| 956 | ||
| 957 | Any 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. | |
| 958 | ||
| 959 | Different payment methods are accepted, including, Visa or MasterCard credit cards and PayPal). | |
| 960 | ||
| 961 | It is underlined that when a Subscriber communicates to DEEZER his bank details, they are not kept by DEEZER. | |
| 962 | ||
| 963 | The 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. | |
| 964 | ||
| 965 | ### Article 4 - Availability and modification of the Deezer Service | |
| 966 | ||
| 967 | DEEZER 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. | |
| 968 | ||
| 969 | DEEZER 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. | |
| 970 | ||
| 971 | ### Article 5 - Terms of Access to the Deezer Service | |
| 972 | ||
| 973 | In order to access the Deezer Service, you must be located in the United States of America and be at least 13 years of age. | |
| 974 | ||
| 975 | If you are not at least 13 years of age, you shall not attempt to access the Application and use the Deezer Service. | |
| 976 | ||
| 977 | If 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. | |
| 978 | ||
| 979 | ### Article 6 - Term and termination | |
| 980 | ||
| 981 | #### 6.1 Term and Renewal | |
| 982 | ||
| 983 | If 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. | |
| 984 | ||
| 985 | Instructions on how to cancel your Deezer Service subscription are set forth in Article 6.3 below. | |
| 986 | ||
| 987 | **Trial Periods** | |
| 988 | ||
| 989 | DEEZER 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. | |
| 990 | ||
| 991 | #### 6.2. No Refund | |
| 992 | ||
| 993 | The 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. | |
| 994 | ||
| 995 | #### 6.3 Termination | |
| 996 | ||
| 997 | ##### 6.3.1. Subscription Termination Initiated by a Subscriber | |
| 998 | ||
| 999 | If 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. | |
| 1000 | ||
| 1001 | ##### 6.3.2. Termination initiated by DEEZER | |
| 1002 | ||
| 1003 | DEEZER 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. | |
| 1004 | ||
| 1005 | Without 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: | |
| 1006 | ||
| 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. | |
| 1012 | ||
| 1013 | ### Article 7 - User Content and Other User Restrictions | |
| 1014 | ||
| 1015 | You 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"). | |
| 1016 | ||
| 1017 | By 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. | |
| 1018 | ||
| 1019 | You 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. | |
| 1020 | ||
| 1021 | You 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. | |
| 1022 | ||
| 1023 | You agree not to: | |
| 1024 | ||
| 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. | |
| 1028 | ||
| 1029 | ### Article 8 - Privacy Policy | |
| 1030 | ||
| 1031 | In 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. | |
| 1032 | ||
| 1033 | ### Article 9 - Limitation of Liability; Indemnification | |
| 1034 | ||
| 1035 | YOU 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. | |
| 1036 | ||
| 1037 | You 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. | |
| 1038 | ||
| 1039 | ### Article 10 - DEEZER Digital Millennium Copyright Act Policy | |
| 1040 | ||
| 1041 | If 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. | |
| 1042 | ||
| 1043 | Pursuant 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. | |
| 1044 | ||
| 1045 | A Notification should include the following: | |
| 1046 | ||
| 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. | |
| 1053 | ||
| 1054 | Notifications should be sent to our Copyright Agent at: | |
| 1055 | ||
| 1056 | Name of the Copyright Agent: Daniel Marhely | |
| 1057 | Address: Deezer SAS, 12 rue d'Athènes, 75009 Paris, France | |
| 1058 | Phone number: +33 (0)1 55 80 69 00 | |
| 1059 | ||
| 1060 | Notifications shall be sent to the e-mail address: dmca@deezer.com | |
| 1061 | ||
| 1062 | Notifications will be forwarded to Subscribers whose material or links are the subject of the Notification and to chillingeffects.org. | |
| 1063 | ||
| 1064 | ### Article 11 - Disclaimer of Warranties | |
| 1065 | ||
| 1066 | THE 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. | |
| 1067 | ||
| 1068 | YOU 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. | |
| 1069 | ||
| 1070 | The 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. | |
| 1071 | ||
| 1072 | DEEZER 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. | |
| 1073 | ||
| 1074 | Finally, 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. | |
| 1075 | ||
| 1076 | ### Article 12 - Cookies | |
| 1077 | ||
| 1078 | DEEZER and its partners implement cookies on Subscribers' computer. | |
| 1079 | ||
| 1080 | In 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). | |
| 1081 | ||
| 1082 | ### Article 13 - Intellectual Property | |
| 1083 | ||
| 1084 | The 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. | |
| 1085 | ||
| 1086 | Any 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. | |
| 1087 | ||
| 1088 | DEEZER 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. | |
| 1089 | ||
| 1090 | ### Article 14 - Modifications of the Terms of Service | |
| 1091 | ||
| 1092 | DEEZER 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. | |
| 1093 | ||
| 1094 | ### Article 15 - Contact DEEZER | |
| 1095 | ||
| 1096 | For any information or question regarding the Deezer Service, you can contact DEEZER by submitting a request at http://support.deezer.com. | |
| 1097 | ||
| 1098 | ### Article 16 - Nullity of a term | |
| 1099 | ||
| 1100 | You 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. | |
| 1101 | ||
| 1102 | ### Article 17 - Choice of Law | |
| 1103 | ||
| 1104 | These 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. | |
| 1105 | ||
| 1106 | ### Article 18 - Arbitration Agreement and Waiver of Class Remedies | |
| 1107 | ||
| 1108 | The 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. | |
| 1109 | ||
| 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.** | |
| 1111 | ||
| 1112 | The 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. | |
| 1113 | ||
| 1114 | You 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. | |
| 1115 | ||
| 1116 | ### Article 19 - Assignment | |
| 1117 | ||
| 1118 | DEEZER 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. | |
| 1119 | ||
| 1120 | ### Article 20 - Entire Agreement | |
| 1121 | ||
| 1122 | These 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. | |
| 1123 | ||
| 1124 | ### Article 21 - No Waiver | |
| 1125 | ||
| 1126 | The 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. | |
| 1127 | ||
| 1128 | The 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. | |
| 1129 | ||
| 1130 | Except 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. | |
| 257 | In the event of a dispute, the parties will try to reach an amicable agreement before any legal proceedings are initiated. If no amicable agreement can be reached, any claim regarding the validity, interpretation and/or execution of the Terms shall be brought before the court of the country where the Deezer User has his/her habitual residence. |