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20210510_rev01 · COMPARED WITH 20210407_rev01 · ARCHIVE SNAPSHOT, DATE APPROXIMATE

Full text changes — 20210407_rev01 to 20210510_rev01

1## Terms of Service
1## Terms of Use
22
3Find here our Terms of Service for Deezer Elite applicable before the 01/09/2017: [click here](https://e-cdns-files.dzcdn.net/pdfs/legal/cgu_elite_gb.pdf).
3## Terms of Use for the Deezer Free Service
44
5Last Updated: December 7, 2017
5### Article 1 - General
66
7## Terms of Service for Deezer Premium+, Deezer Family Service and the Student Offer
7Welcome to the Terms of Use for the Deezer Free Service, which includes the website accessible at http://www.deezer.com (hereinafter the "Site"), and its desktop, tablet and mobile applications (hereinafter the "Application").
88
9The 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 511 716 573, the registered office of which is located at 24 rue de Calais 75009 Paris - FRANCE.
10
11To access and use the Deezer Free Service, the user must (i) be at least 16 years old (ii) register and create a personal account and (iii) at the time of registration, accept these conditions of use (including the Privacy Policy) (hereinafter the "Terms") without reservation.
12
13The use of the Site and Application is only authorised for a personal and private use, therefore any other use, particularly in public premises and for businesses, is strictly forbidden.
14
15### Article 2 - Presentation of the Deezer Free Service
16
17The Deezer Free Service is a free advertising-funded on-demand service for streaming sound Recordings and other musical and cultural content (such as podcasts, radio stations and in certain territories, audiobooks) (hereinafter the "Recordings"), with no download or tethered download features, with audio and display advertising, on any device (whether portable or non-portable) on an unlimited basis (hereinafter the "Deezer Free Service") to each registered user (hereinafter the "Deezer Free User").
18
19The Deezer Free Service includes personalised music, playlists and other content recommendations.
20
21Streaming is possible track by track, by creating playlists, or via radio stations.
22
23### Article 3 - Access to and use of the Deezer Free Service
24
25The use of the Deezer Free Service requires a high-speed Internet connection for personal computers and an Internet service for portable devices. These connections are not provided by DEEZER, therefore the Deezer Free User must first subscribe to a high-speed Internet and/or mobile Internet offer in order to use the Deezer Free Service.
26
27A mobile Internet connection via third or fourth generation (3G or 4G) mobile technology is highly recommended.
28
29The music catalogue available as part of the Deezer Free Service 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 in the Deezer Free Service catalogue.
30
31Moreover, DEEZER cannot guarantee that any given track, album, artist or group in the Deezer Free Service catalogue will be available indefinitely. DEEZER assumes no liability for the withdrawal of any part of the catalogue content made available.
32
33As a Deezer Free User, you can activate the Deezer Free Service on a personal computer (PC or Mac) and a compatible portable device. The Deezer Free Service is only accessible from one connection at a time (registered personal computer or compatible portable device). DEEZER has the technical means to verify multiple simultaneous connections from the same account and is therefore able to detect any attempts at multiple connections.
34
35### Article 4 - Availability and modification of the Deezer Free Service
36
37The Deezer Free Service can be accessed 24 hours a day, seven days a week, within the limits of the Terms and in particular the terms of Article 7 hereunder.
38
39However, DEEZER has the right to make any changes or improvements to the Deezer Free Service as it deems necessary. DEEZER nevertheless guarantees that it will not affect the quality or substantially change the features of the Deezer Free Service.
40
41In addition, DEEZER has the right to temporarily remove access to the Deezer Free Service, without prior notice or compensation, where necessary to carry out maintenance or ensure continuity of the Deezer Free Service. DEEZER is also entitled to shut the Service down permanently with no compensation payable. Any permanent shutdown of the Deezer Free Service will be notified via the Site or via the Application.
42
43### Article 5 - Terms of access to the Deezer Free Service
44
45The Deezer Free User declares that he/she has the capacity to agree to these Terms; this means that he/she is of the legal age required and not under any legal protection measure (such as legal guardianship).
46
47### Article 6 - Deezer Free User's liability
48
49i) Each Deezer Free User can post messages, information and/or comments on the Site and the desktop Application. The Deezer Free User is liable for any messages, content or information published by him/her on the Site or desktop Application; DEEZER is considered to be an Internet service-hosting provider only and cannot be held liable for the content published by the Deezer Free User on the Site or desktop Application, over which DEEZER has no control or supervision.
50
51To avoid being held liable, the Deezer Free User expressly agrees to ensure that any message published by him/her on the Site or desktop Application complies with the following requirements (this list is not exhaustive):
52
53\- Does not infringe third party intellectual property rights; the member therefore agrees not to publish content on the Site or desktop 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;
54
55\- Contains no computer virus able to interrupt, destroy or affect the Site or desktop Application's features;
56
57\- Does not celebrate crime or criminal behaviour or contain illegal or threatening messages or content of a paedophile, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic or revisionist nature or contrary to public order and good manners;
58
59\- Does not infringe any right to privacy or promote disrespect for human dignity;
60
61\- Does not encourage violence, fanaticism, crime, suicide or hatred linked to religion, race, sex, sexual preferences or ethnicity;
62
63\- Does not harass other Users;
64
65\- Does not promote or encourage any criminal activity or enterprise;
66
67\- Does not request and/or disclose passwords and/or personal information for commercial or illegal purposes;
68
69\- Does not transmit email chains, mass unsolicited emails, instant messages, advertising messages and spam messages;
70
71\- Contains no advertising and/or canvassing in order to offer products and/or services to sell through the Site;
72
73\- 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.
74
75ii) The Deezer Free 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.
76
77iii) The Deezer Free 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.
78
79iv) The Deezer Free User certifies the accuracy of the information given to DEEZER for his/her registration and agrees to notify any modification.
80
81v) The Deezer Free User recognises that if his/her use of the Site or Application is in breach of the Terms and more broadly any third-party rights, laws and regulations in force, DEEZER has the right to immediately suspend or remove him/her from the Deezer Free Service and/or block his/her access to the Deezer Free Service without notice.
82
83vi) If the Deezer Free 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).
84
85### Article 7 - Disclaimer of warranties
86
87The Deezer Free User declares that he has been informed of the scope and limitations of the Internet network.
88
89As a result, DEEZER disclaims all liability for any malfunction in access to the Deezer Free 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 Free Service, and the fraudulent use by third parties of the information provided on the Site or Application.
90
91It is therefore the Deezer Free 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 Free User's equipment.
92
93More broadly, DEEZER disclaims any liability if a breach of any of its obligations results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, 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 and more broadly any unstoppable and unforeseen event which prevents orders being carried out successfully.
94
95DEEZER disclaims all liability should it transpire that the Deezer Free Service is incompatible with certain equipment and/or features of the Deezer Free User's equipment.
96
97Finally, the Deezer Free User is solely liable for his/her use of the Deezer Free Service and cannot hold DEEZER liable for any claim and/or proceedings against him/her in this regard. The Deezer Free 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 Free User's use of the Deezer Free Service.
98
99### Article 8 - Intellectual property
100
101The general structure of the Site, the Application, the Deezer Free Service and all elements composing it (such as but not limited to the logos, domain names, tracks or videos, and their associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the tracks or videos, as well as the visuals on the packaging) are the exclusive property of DEEZER and/or its licensors (notably the record and video producers, the record companies, authors' rights societies, etc.).
102
103These elements are protected by intellectual property law and other laws, and particularly copyright. You may only use these elements for the purpose of using the Deezer Free Service, in accordance with the Terms.
104
105Any representation of all or part of the Site, the Application, the Deezer Free Service and/or the elements composing them (as described above), by any means, without the express consent of DEEZER, is therefore forbidden and would be treated as an infringement punishable by law.
106
107Any hyperlink to the Site 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 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 use of a DEEZER account (such use 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.
108
109The Recordings on the Deezer Free Service are digital files protected by national and international copyright and related rights. They may only therefore be listened to within a private or family setting. Any use for a non-private purpose will render the Deezer Free User liable to civil and/or criminal proceedings. Any other use of the Recordings is strictly forbidden and more particularly any download or attempt to download, any transfer or attempt to transfer 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.
110
111The Deezer Free User acknowledges that the Recordings made available to him/her within the Site and Application are protected by protective technical measures set up by DEEZER in order to prevent or limit, depending on the technology offered, the unauthorised use of the Recordings.
112
113The Deezer Free 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.).
114
115### Article 9 - Suspension and/or cancellation initiated by DEEZER or the Deezer Free User
116
117Without prejudice to any damages that DEEZER may claim, DEEZER has the right to suspend access to the Deezer Free Service by a Deezer Free User and/or cancel his/her subscription to the Deezer Free Service without notice or compensation, in the event that the Deezer Free User:
118
119\- Does not comply with the Terms and especially:
120
121o Infringes DEEZER's or its licensors' intellectual property rights;
122
123o Bypasses or attempts to bypass the protective technical measures set up by DEEZER;
124
125o Uses multiple simultaneous connections with the same account or attempts to do so;
126
127o Provides false information at the time of his/her subscription to the Deezer Free Service.
128
129\- Carries on activities prejudicial to DEEZER's commercial interests.
130
131The Deezer Free User may delete his/her account at any time from the Site through "My account".
132
133### Article 10 - Amendments of the Terms
134
135DEEZER has the right to amend the Terms at its sole discretion. DEEZER will inform the Deezer Free User by email to the email address given on the Deezer Free User's account, of any amendments of the Terms at least 1 (one) month before they come into effect. If the Deezer Free User does not accept these amendments, he/she will be free to delete his/her account on the Site as mentioned in Article 9 above. Unless the Deezer Free User deletes his/her account, the amended Terms will come into effect one (1) month following receipt of notification of the amendment of the Terms.
136
137### Article 11 - Customer Service department
138
139As part of his/her access to and use of the Deezer Free Service, DEEZER provides the Deezer Free User with a community, accessible through the deezercommunity.com website (the "Community") where the Deezer Free User will in particular be able to find information regarding the Deezer Free Service and interact with other Deezer Free Users.
140
141As part of the Community, the Deezer Free User will in particular be able to:
142
143\- consult and contribute to a forum through posts, reactions and comments;
144
145\- post images, links and other content;
146
147\- interact with other Deezer Free Users, DEEZER's moderators, and/or Customer Service through comments and/or private messages.
148
149Use 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).
150
151As part of his/her access to and use of the Deezer Free Service, DEEZER also provides the Deezer Free User with a customer support service that can answer any questions the Deezer Free User might have about his/her account and the Services made available by DEEZER (the "Customer Service").
152
153The Deezer Free User will be able to request information about (this list is not exhaustive):
154
155\- his/her access to and use of the Services provided by DEEZER;
156
157\- his/her account and changing his/her account information.
158
159The Deezer Free User can contact DEEZER through the Site by clicking on the "[Contact us](https://deezer.com/support)" section or writing to the following address:
160
161Deezer
16224 rue de Calais 75009 Paris
163FRANCE
164
165Customer Service will make every effort to respond to such requests within a reasonable timeframe, but can make no guarantees or warranties of any kind that such requests will be handled within a timeframe corresponding to the Deezer Free User's expectations, or that the Deezer Free User will be fully satisfied with the response.
166
167### Article 12 - Invalidity of any clause
168
169Should any of the clauses of the Terms be declared void or voidable for any reason, the other clauses will still apply without any modification.
170
171### Article 13 - Jurisdiction - Claims and disputes
172
173These Terms are governed by the law of the country where the Deezer Free User has his/her habitual residence.
174
175Any 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, for prompt processing.
176
177For Deezer Free Users residing in a member state of the European Union, should a claim made by a Deezer Free User not be resolved by Customer Service or remain without response for more than two (2) months following receipt by Customer Service, the Deezer Free User may choose to submit the dispute to an out-of-court settlement procedure through the European platform for alternative and online dispute resolution at the following link: [https://webgate.ec.europa.eu/odr/](https://webgate.ec.europa.eu/odr/).
178
179In the event of a dispute, the parties will try to reach an amicable agreement before any legal proceedings are commenced. 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 Free User has his/her habitual residence.
180
181## Terms of Use and Sale for the Deezer Web Service
182
9183### Article 1 - General
10184
11These Terms of Service (the "Terms of Service") describe the terms pursuant to which DEEZER S.A. a French corporation registered under number 511 716 573, 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.
185Welcome to the Terms of Use and Sale for the Deezer Web Service, which includes the website accessible at http://www.deezer.com (hereinafter the "Site"), and its desktop, tablet and mobile applications (hereinafter the "Application").
12186
13DEEZER offers through the Site and the Application an unlimited service of on-demand music with a temporary download functionality through a paid subscription (hereinafter altogether "the Premium+ Service").
187The 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 511 716 573, the registered office of which is located at 24 rue de Calais 75009 Paris - FRANCE.
14188
15The purpose of these Terms of Service is to define the contractual and commercial relationship between DEEZER, on one hand, and you, as a subscriber to the Premium+ Service (hereinafter the "Subscriber"), on the other hand.
189These conditions of use and sale (hereinafter the "Terms") govern exclusively the Deezer Web Service provided by DEEZER. These conditions apply to the exclusion of any other terms, particularly those that apply to other Services - free or paid - offered on the Site.
16190
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.**
191The purpose of these Terms is to define the contractual and commercial relationship between DEEZER, on the one hand, and any subscriber to the Deezer Web Service (hereinafter the "Subscriber"), on the other hand.
18192
19The use of the Site, the Applicationand the Premium+ Service is only authorized for personal and private use, therefore any other use, including any use of the Site, the Application or the Premium+ Service for a commercial purpose or any use of the Site, the Application or the Premium+ Service in a public place or business, is strictly forbidden.
193The use of the Site, the Application and the Deezer Web Service is authorised for personal and private use only, therefore any other use, particularly in public premises and for businesses, is strictly forbidden.
20194
21### Article 2 - Description of the Premium+ Service
195Subscription and access to the Deezer Web Service are strictly dependent on prior acceptance of all of these Terms (including the Privacy Policy) without restriction or reservation.
22196
23The Premium+ Service is a service offered and operated by DEEZER that enables Subscribers to access the Site from a personal computer or the Application from a portable device and to listen to an unlimited amount of music in high quality audio without any advertisements.
197### Article 2 - Presentation of the Deezer Web Service
24198
25The main characteristics of the Premium+ Service are the following:
199The Deezer Web Service is a service offered and operated by DEEZER that makes it possible, subject to consent to these Terms, from a personal computer only, to listen to unlimited sound recordings and other musical and cultural content (such as podcasts, radio stations and in certain territories, audiobooks) (hereinafter the "Recordings") in higher quality audio (than is made available through DEEZER's other services, where available) and without any advertisements. As the Deezer Web Service is not accessible via DEEZER's mobile and tablet applications, the Subscriber will only have access to the Deezer Free Service via these applications.
26200
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.
201The Deezer Web Service includes personalised music, playlists and other content recommendations.
30202
31As a Subscriber, you may access the Premium+ Service until the end of your subscription, as indicated on the subscription page of the Site or the Application at the time of such subscription.
203From the Site, once the Subscriber has signed up, he/she has access to all the features of the Deezer Web Service.
32204
33DEEZER may offer the Premium+ Service for limited time periods at retail prices established from time to time by DEEZER in the subscription page on the Site or the Application (hereinafter the "Special Offers"). DEEZER reserves the right, in its discretion, to determine Subscribers' eligibility for the Special Offers and to withdraw or to modify a Special Offer, in DEEZER's sole discretion.
205The main characteristics of the Deezer Web Service are as follows:
34206
35Once your subscription is expired or terminated, you have no right to access or use the Premium+ Service.
207\- Unlimited access to listen to the Recordings on the Deezer Web Service;
36208
37The Premium+ Service is accessible from a personal computer operating the Microsoft Windows, Google Chrome OS or Apple OSX operating systems by connecting to the Site or from a portable device operating the Apple iOS or Google Android operating systems through the Application. The Application is available for download through the Apple iTunes and Google Android app stores.
209\- No advertising;
38210
39The Premium+ Service is also accessible without an internet connection, by clicking on the "Offline Mode" button of the Site or the Application. Subscribers must use the Google Chrome browser to be able to use the Offline Mode on a personal computer. By using the Offline Mode, you will only be able access the tracks, albums and playlists that you have previously temporarily downloaded, from the Site or the Application, on that particular computer or portable device.
211\- High quality sound.
40212
41The temporary downloading of tracks, albums or playlists is possible through the Offline Mode button which appears on the pages of the Site or of the Application. You can then listen to the downloaded Recordings without an Internet connection or mobile network connection during the entire duration of the Subscription; however you will not be able to transfer the Recordings to any other computer, portable device or other physical storage medium.
213The Deezer Web Service is accessible to the Subscriber until the end of his/her subscription as stated on the subscription page of the Site at the time of subscribing or the cancellation of his/her subscription under the Terms hereunder.
42214
43### Article 3 - Use of the Premium+ Service
215Once the subscription has expired or has been cancelled, unlimited access and listening are no longer authorised.
44216
45Your access to the Site or the Application and the use of the Premium+ Service requires a high-speed internet connection. For Subscribers accessing the Premium+ Service via the Application on a mobile device, DEEZER recommends the use of at least a third generation (3G) mobile network connection.
217The Recordings can be streamed throughout the entire subscription period, but cannot be downloaded, transferred to or burned onto any medium whatsoever.
46218
47### 3.1. License
219DEEZER informs the Subscriber that it declines all liability with regard to advertisements displayed within content provided and hosted by third parties and which may be integrated into and/or referred to on the Site.
48220
49As a Subscriber, DEEZER grants you a limited, non-exclusive, non-transferable and revocable license to access and use the Premium+ Service for the duration of your subscription to the Premium+ Service, unless terminated by DEEZER or you in accordance with the terms and conditions of these Terms of Service.
221### Article 3 - Use of the Deezer Web Service
50222
51### 3.2 Access
223The use of the Deezer Web Service requires a high-speed Internet connection. These connections are not provided by DEEZER, therefore the Subscriber must first subscribe to a high-speed Internet service in order to use the Deezer Web Service.
52224
53Prior to the use of the Premium+ Service, you must subscribe to the Premium+ Service on the Site or the Application.
225The music catalogue available as part of the Deezer Web Service is linked to the contracts in force with the rights-holders and may therefore be subject to change. DEEZER cannot guarantee the availability of any given track or album or any artist or group in the Deezer Web Service catalogue. Moreover, DEEZER cannot guarantee that any given track, album, artist or group in the Deezer Web Service catalogue will be available indefinitely. DEEZER incurs no liability for the withdrawal of any part of the catalogue content made available.
54226
55In order to subscribe to the Premium+ Service, you must:
227The Subscriber can activate the Deezer Web Service on a personal computer (PC or Mac). The Deezer Web Service is only accessible from one connection at a time. DEEZER has the technical means to verify multiple simultaneous connections from the same account and is therefore able to detect any attempts at multiple connections.
56228
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.
229### Article 4 - Availability and modification of the Deezer Web Service
62230
63As a Subscriber, you hereby agree to provide true, accurate and complete information in connection with your registration on the Site, the Application and the Premium+ Service.
231The Deezer Web Service can be accessed 24 hours a day, seven days a week, within the limit of the Terms and the terms of Article 10 hereunder.
64232
65Once your registration has been validated, DEEZER will send to you a confirmation email at the email address you provided at the time of registration. Your subscription to the Premium+ Service will only become effective when DEEZER sends the confirmation email mentioned above. DEEZER recommends that you save and/or print the confirmation email.
233The Recordings made available within the Deezer Web Service are determined based on the country where the Subscriber has subscribed to the Deezer Web Service (his/her country of residence). In accordance with Regulation (EU) 2017/1128 on cross-border portability of online content services in the internal market, any Subscriber who has subscribed to the Deezer Web Service from a member state of the European Union will have access to the same content in the same manner when using the Deezer Web Service while temporarily present in another member state, at no additional cost. However, DEEZER cannot guarantee the same quality of service as provided in the Subscriber's country of residence.
66234
67You can modify your account information, including the password associated with your DEEZER account at any time by clicking on the section "My information" of your account.
235Any Subscriber who has subscribed to the Deezer Web Service outside the European Union will also be given access to the same content in the same manner when using the Deezer Web Service while temporarily present in another country, at no additional cost. However, DEEZER cannot guarantee the same quality of service as provided in the Subscriber's country of residence.
68236
69You hereby agree to inform DEEZER, without delay, of any modification to the information you provided at the time of the Premium+ Service subscription and notably any modification of the email address or bank details you provided in connection with your subscription.
237DEEZER has the right to make any changes or improvements to the Deezer Web Service as it deems necessary. DEEZER nevertheless guarantees that it will not affect the quality or substantially change the features of the Deezer Web Service.
70238
71You must immediately inform DEEZER if you lose your account credentials (i.e. account name and password) or if you become aware of any unauthorized use of your account. Your password and identification details are personal and you hereby agree not to disclose such information to any third parties. You hereby agree to be solely responsible for the safekeeping of your account credentials.
239In addition, DEEZER has the right to temporarily remove access to the Deezer Web Service, without prior notice or compensation, where necessary to carry out maintenance or ensure continuity of service. The Subscriber acknowledges that DEEZER cannot be held liable and thus waives any right to compensation and/or action against DEEZER in that respect. Notice of temporary interruptions in the Deezer Web Service will be given on the Site at least 24 (twenty-four) hours before they occur, unless they are urgent. DEEZER is also entitled to shut the Deezer Web Service down permanently with no compensation payable. Notice of the permanent shutdown of the Deezer Web Service will be given via the Site, at least 1 (one) month before it occurs. The Subscriber will no longer be liable for any payment from the date of the Deezer Web Service shutdown.
72240
73As a Subscriber, you may activate the Premium+ Service on a personal computer operating the Microsoft Windows, Google Chrome OS or Apple OSX operating systems or a portable device operating the Apple iOS or Google Android operating systems registered with the Premium+ Service. The Premium+ Service is only accessible from one connection at a time (personal computer or compatible portable device registered). If DEEZER determines that you are simultaneously accessing the Premium+ Service from multiple devices or computers, DEEZER may terminate your subscription and/or your access to the Site, the Application and the Premium+ Service.
241### Article 5 - Absence of the right of withdrawal - period - renewal - cancellation - upgrade to the Deezer Premium Service
74242
75### 3.3 Price
243#### 5.1 No right of withdrawal (cooling-off period)
76244
77The subscription price of the Premium+ Service is indicated on the Site or on the Application and includes all applicable sales taxes, if any.
245The Subscriber expressly recognises and accepts that the supply of the Deezer Web 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.
78246
79DEEZER has the right to modify the subscription price from time to time. DEEZER will inform you of any price increase fifteen (15) calendar days before it becomes effective by sending you an email to the email address you have provided. In such case, if you are not willing to accept the price increase proposed by DEEZER, you may terminate your subscription via the termination section of the Site. As described in Article 6.3 below, this termination will become effective at the end of the then-current subscription term. If you do not terminate your subscription to the Premium+ Service, you will be charged the new price beginning after the fifteen (15) day notice period.
247#### 5.2 Period
80248
81Any increase of the applicable sales tax will be automatically and immediately impacted on the Premium+ Service price. It will be the same in case of the creation of a new tax that will be based on the price of the Premium+ Service and applicable to DEEZER. The conditions for termination applicable in case of modification of the Premium+ Service price mentioned above, will apply in the same conditions in case of a modification resulting from the increase or creation of new taxes.
249DEEZER offers a monthly subscription (or any other duration depending on the offers made on the Site). Some trial or discovery periods of the Deezer Web Service of a different duration may be offered on the Site, temporarily or not. Unless stated otherwise, these trial and discovery periods will be subject to these Terms and will be limited to one subscription (same IP (Internet Protocol) address and/or same email address) whatever the trial or discovery offer.
82250
83Different payment methods are accepted on the Site and the Application, including, Visa or MasterCard credit cards and PayPal).
251#### 5.3 Renewal
84252
85It is underlined that when a Subscriber communicates to DEEZER his bank details, they are not kept by DEEZER.
253Unless cancelled by the Subscriber pursuant to Article 5.4, and unless the Subscriber uses a non-recurring payment method, the subscription to the Service renews automatically for exactly the same duration as the initial period. Therefore, if the Subscriber takes out a monthly subscription, such subscription will be renewed automatically each month.
86254
87The subscription price is paid in advance on a monthly basis. By agreeing to the subscription, you authorize DEEZER to charge you for the subscription fees on a monthly basis. When transferring Subscribers' data and payment information to its third party payment service providers, DEEZER uses reasonable security measures, such as encryption, to protect such information from unauthorized use or disclosure. Additionally, DEEZER's third party payment providers strive to adhere to PCI/DSS standards of transactions security.
255Unless stated otherwise on the Site or in the Terms, and unless the subscription is cancelled by the Subscriber pursuant to Article 5.4, any trial or discovery 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 Web Service.
88256
89### Article 4 - Availability and modification of the Premium+ Service
257#### 5.4 Cancellation
90258
91DEEZER uses reasonable efforts to make the Premium+ Service accessible 24 hours a day and 7 days a week; however, DEEZER reserves the right, without prior notice or compensation, to temporarily remove access to the Premium+ Service, as deemed necessary by DEEZER, including to perform maintenance of the Site, the Application or the Premium+ Service.
259Where a subscription is taken out directly from the Site, in order to cancel his/her subscription the Subscriber must go to his/her account and click "Cancel my subscription". 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. For a trial or discovery period, cancellation occurs at the date and time of cancellation as indicated in the Subscriber's account, unless stated otherwise on the Site.
92260
93DEEZER will use reasonable efforts to provide you with at least twenty four (24) hours' notice prior to any Premium+ Service interruptions.
261If the subscription was taken out via a third-party website (such as iTunes for example), the Subscriber must first check the cancellation conditions for his/her subscription in the "My account" section of the Site, then follow the instructions to cancel the subscription. The Subscriber should be aware that conditions (how to cancel, within what timeframe, etc.) may vary from one third-party platform to another.
94262
95If DEEZER elects, in its discretion, to discontinue access to the Site, the Application or the Premium+ Service, DEEZER will notify you via the Site or the Application and you will not be charged any additional subscription fees after the date your access to Site, the Application or the Premium+ Service has been terminated.
263#### 5.5 Upgrade to the Deezer Premium Service
96264
97### Article 5 - Terms of Access to the Site and the Premium+ Service
265If the Subscriber switches from the Deezer Web Service to the Deezer Premium Service, the upgrade will take effect immediately as authorised by DEEZER. Henceforth, DEEZER will immediately charge the Subscriber for the newly activated Deezer Premium Service subscription, regardless of whether the subscription period for the Deezer Web Service has come to an end, meaning that if the Subscriber is upgrading to the Deezer Premium Service during the Deezer Web Service subscription period, DEEZER will charge the Subscriber for both Services until the Subscriber cancels his/her subscription to the Deezer Web Service.
98266
99In order to access the Site, the Application or the Premium+ Service, you must be located in the United States of America and be at least 13 years of age.
267There will be no refund of the price paid for the Deezer Premium Service subscription due to the upgrade.
100268
101If you are not at least 13 years of age, you shall not attempt to access the Site or the Application and use the Premium+ Service.
269### Article 6 - Terms of access to the Deezer Web Service
102270
103If you are between 13 and 17 years of age, you must have your parents' or guardians' consent to register for the Site or the Application and/or subscribe to the Premium+ Service.
271The Subscriber declares that he/she has the capacity to agree to these Terms; this means that he/she is of the legal age required and not under any legal protection measure (such as legal guardianship).
104272
105### Article 6 - Term and termination
273The Subscriber declares that he/she is a resident in a country where the Deezer Web Service is available and that he/she is the owner of a credit card issued by a bank in the same country.
106274
107### 6.1 Term and Renewal
275### Article 7 - Creation of an account
108276
109If you are a Subscriber, the initial term of your subscription to the Premium+ Service will be one (1) month. Thereafter, your subscription to the Premium+ Service will be automatically renewed for subsequent one (1) month periods unless you have provided prior notice to DEEZER of your wish to discontinue your Premium+ Service subscription. If you cancel your Premium+ Service subscription, the cancellation will become effective on the last day of the billing cycle during which we received your cancellation request. If your subscription is set to automatically renew, you hereby authorize DEEZER to charge you for the then-current Premium+ Service subscription fees for each month of your subscription term.
277In order to subscribe to the Deezer Web Service, every Subscriber must:
110278
111Instructions on how to cancel your Premium+ Service subscription are set forth in Article 6.3 below.
279\- Create an account on the Site or, if the Subscriber is already registered, log into the Site;
112280
113**Trial Periods**
281\- Provide the information requested on the subscription form;
114282
115DEEZER may also make available on the Site or the Application access to the Premium+ Service for trial periods of varying duration ("Trial Periods"). Unless otherwise indicated, your use of the Premium+ Service during any Trial Periods will be subject to these Terms of Service and will be limited to one Trial Period per person. Unless otherwise indicated on the Site or Application, following the Trial Period, we will automatically convert your Trial Period subscription into a paid subscription for the Premium+ Service unless you cancel your subscription prior to the expiration of the Trial Period. You hereby authorize DEEZER to charge you for the then-current subscription fees for the Premium+ Service for each month following the expiration of your Trial Period and continuing through the month in which you cancel your subscription term as described in Article 6.3.
283\- Give his/her consent to the Terms;
116284
117### 6.2. No Refund
285\- Pay the price for his/her subscription via one of the payment systems offered;
118286
119The Premium+ Service subscription fees are paid in advance. You hereby agree and acknowledge that once you have authorized DEEZER to charge you for the Premium+ Service subscription fees, you will not be entitled to receive a refund for such payment amounts. If you wish to cancel your account or discontinue your subscription to the Premium+ Service, you can contact us as set forth in Article 6.3 below.
287\- Confirm his/her subscription.
120288
121### 6.3 Termination
289The Subscriber agrees to provide true, accurate and genuine information about himself/herself in connection with his/her registration with the Site and the Deezer Web Service.
122290
123#### 6.3.1. Subscription Termination Initiated by a Subscriber
291Once his/her registration has been approved, DEEZER will send the Subscriber a confirmation email to the email address given at the time of registration.
124292
125If you wish to terminate your Premium+ Service subscription (or if you wish to not be enrolled in the Premium+ Service subscription following a Trial Period), you can do so by (1) accessing the "Cancel my subscription" section of the Site or (2) emailing us [here](http://support.deezer.com/hc/en-gb/requests/new). Termination of your Premium+ Service subscription will become effective at the end of the current monthly subscription period, provided that you have provided notice of your intent to terminate at least forty-eight hours (48h) prior to the end of the current subscription period. If you fail to notify DEEZER forty-eight hours (48h) prior to the end of the current subscription period, we reserve the right to charge you Premium+ Service subscription fees for the following month.
293Subject to the other conditions of the Terms, subscription to the Deezer Web Service will become effective only once DEEZER sends the aforementioned confirmation email. DEEZER recommends that the Subscriber saves and/or prints out this email.
126294
127If your subscription was made via a partner website (such as iTunes), you must first check the conditions from the "My account" section on the Site, then follow the instructions to terminate the subscription. You should be aware that conditions (how to terminate, within what time frame, etc.) may vary from one platform to another.
295The Subscriber can change the password given on his/her account at any time by clicking the "My information" section.
128296
129#### 6.3.2. Termination initiated by DEEZER
297The Subscriber agrees to inform DEEZER, without delay, of any change or update to the information provided at the time of subscribing to the Deezer Web Service and any change in his/her email address or bank details in particular. The Subscriber can change any of his/her information at any time on his/her account on the Site by clicking the "My information" section.
130298
131DEEZER may suspend, terminate or modify your access to the Site, the Application or Premium+ Service if DEEZER believes that you are failing to comply with these Terms of Service or for any actual or suspected illegal or improper use of the Site, the Application or the Premium+ Service, with or without notice to you.
299The Subscriber must immediately inform DEEZER of any loss or unauthorised use of his/her account, identification details or password. The passwords and identification details are personal and the Subscriber undertakes not to disclose them. As a result, the Subscriber is solely responsible for their use.
132300
133Without limiting the foregoing, DEEZER may, without notice or compensation to you, terminate your access to the Site, the Application or the Premium+ Service (including your Premium+ Service subscription) if it believes you have violated these Terms of Service, including, without limitation, if you have done or attempted to do any of the following:
301The Subscriber is solely liable for the consequences arising from the misuse of his/her account by the Subscriber himself/herself or by a third party who has accessed the Subscriber's account due to the Subscriber's fault or negligence, and as a result, the Subscriber acknowledges that DEEZER and all its partners, co-contracting party(ies) or rights-holders cannot be held liable in this regard.
134302
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.
303### Article 8 - Price
140304
141### Article 7 - User Content and Other User Restrictions
305The subscription price is indicated on the Site and includes all taxes.
142306
143You are solely liable for any messages, communications, content, images, material, data or information that you publish or provide on the Site, the Application or through the Premium+ Service ("Subscriber Content").
307DEEZER has the right to change the price of all subscription offers from time to time. DEEZER will inform each Subscriber by email to the address provided by the Subscriber at the time of subscription to the Deezer Web Service (or as subsequently updated on his/her account) of any price increase at least 15 (fifteen) days before it comes into effect. If the Subscriber does not accept this increase, he/she can cancel his/her subscription pursuant to Article 5.4 above; such cancellation will be come into effect on the next monthly subscription due date. If the Subscription is not cancelled, the new price will apply to the Subscriber from the following monthly subscription payment due date.
144308
145By transmitting or submitting any Subscriber Content while using the Site, the Application or the Premium+ Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the Subscriber Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by DEEZER in accordance with its Privacy Policy.
309Any increase in the rate of VAT (Value Added Tax) will be passed on automatically and immediately in the price of the Deezer Web Service. The same will apply should a new tax be created, based on the price of the Deezer Web Service and applicable to DEEZER. The conditions for cancellation applicable in the event of a change in price of the Deezer Web 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.
146310
147You further affirm, represent and warrant that your Subscriber Content (a) does not contain content or material that is threatening, pornographic, defamatory, obscene, hateful, racist, anti-semitic, or xenophobic, (b) is not intended to harass any third party, (c) does not contain advertisement and/or solicitation for any third party, products and/or services and (d) does not contain any unsolicited or spam messages.
311Subscribers are reminded that the connection and communication (Internet) costs relating to the use of the Deezer Web Service are not borne by DEEZER and are payable solely by the Subscriber.
148312
149You own your Subscriber Content. You hereby grant DEEZER a perpetual and irrevocable worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your Subscriber Content as well as all modified and derivative works thereof in connection with our provision of the Premium+ Service, including marketing and promotions thereof.
313### Article 9 - Payment of the price
150314
151You agree not to:
315Various payment methods are offered on the Site (credit cards, prepaid cards, PayPal and/or other payment methods).
152316
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.
317Depending on the subscription period chosen by the Subscriber, the Subscription price is paid either monthly or annually. The first payment will be made at the time of subscription, and thereafter payments will be made at the beginning of each month or year, by direct debit, until the subscription is cancelled, whether cancellation is initiated by the Subscriber or DEEZER.
156318
157### Article 8 - Privacy Policy
319For optimised transaction security, DEEZER has chosen the payment systems of various companies with which it has entered into agreements. The guarantees given by DEEZER in terms of transaction security are identical to those obtained by DEEZER from these payment service providers.
158320
159In connection with your use of the Site, the Application and the Premium+ Service, please review the DEEZER Privacy Policy, located [here](http://www.deezer.com/legal/personal-datas), in order to understand how we collect and use information about you when you access, visit or use the Site, the Application or the Premium+ Service. The DEEZER Privacy Policy is part of and is governed by these Terms of Service and by accepting these Terms of Service, you agree to be bound by the terms of the DEEZER Privacy Policy, and agree that we may use information collected from you in accordance with the DEEZER Privacy Policy.
321Unless the Subscriber provides evidence to the contrary, the computerised 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 Subscriber and DEEZER. This information shall be treated as valid proof between the Subscriber and DEEZER unless the Subscriber is able to provide written proof to the contrary.
160322
161### Article 9 - Limitation of Liability; Indemnification
323### Article 10 - Subscriber liability
162324
163YOU UNDERSTAND AND AGREE THAT DEEZER AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE "DEEZER PARTIES") WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A DEEZER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SITE OR THE PREMIUM+ SERVICE. DEEZER's maximum liability to you for direct damages is limited to the amount you paid to DEEZER for use of the Premium+ Service during the twelve-month period immediately preceding the event that gave rise to such damages.
325i) Each Subscriber can post messages, information and/or comments on the Site and the desktop Application. The Subscriber is solely liable for any messages, content or information published by him/her on the Site or desktop Application; DEEZER is considered to be an Internet service-hosting provider only and cannot be held liable for the content published by the Users on the Site or desktop Application, over which DEEZER has no control or supervision.
164326
165You hereby agree to indemnify and hold the DEEZER Parties harmless from any and all damages, losses, costs, claims or demands (including legal fees and court costs) and expenses incurred, suffered or expended by DEEZER as a consequence of any third party's claim relating to or arising out of: (i) your use of the Site, Application or the Premium+ Service or (ii) your violation of any term or condition of these Terms of Service.
327To avoid being held liable, the Subscriber expressly agrees to ensure that any message published by him/her on the Site or desktop Application complies with the following requirements (this list is not exhaustive):
166328
167### Article 10 - DEEZER Digital Millennium Copyright Act Policy
329\- Does not infringe third party intellectual property rights; the Subscriber therefore agrees not to publish content on the Site or desktop 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;
168330
169If you believe that content available on or through the Site or the Application or accessible via links posted on the Site or the Application infringes one or more of your copyrights, you or your agent may submit a Digital Millennium Copyright Act ("DMCA") notification to DEEZER, as set forth in this DEEZER DMCA Policy.
331\- Contains no computer virus able to interrupt, destroy or affect the Site or desktop Application's features;
170332
171The notification shall include all of the information described in this DEEZER DMCA Policy ("Notification") to DEEZER's Copyright Agent by mail or email using the contact information provided below. A copy of this Notification will be sent to the person who posted the material addressed in the Notification.
333\- Does not celebrate crime or criminal behaviour or contain illegal or threatening messages or content of a paedophile, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic or revisionist nature or contrary to public order and good manners;
172334
173Pursuant to federal law, you may be held liable for damages and attorneys' fees if you make any material misrepresentations in a Notification. Therefore, if you are not sure whether content located on or accessible via a link from the Site infringes your copyright, you should contact an attorney.
335\- Does not infringe any right to privacy or promote disrespect for human dignity;
174336
175A Notification should include the following:
337\- Does not encourage violence, fanaticism, crime, suicide or hatred linked to religion, race, sex, sexual preferences or ethnicity;
176338
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.
339\- Does not harass other Users;
183340
184Notifications should be sent to our Copyright Agent at:
341\- Does not promote or encourage any criminal activity or enterprise;
185342
186Address: Deezer S.A., 24 rue de Calais 75009 Paris
187Phone number: +33 (0)1 55 80 69 00
343\- Does not request and/or disclose passwords and/or personal information for commercial or illegal purposes;
188344
189Notifications shall be sent to the e-mail address: [dmca@deezer.com](mailto:dmca@deezer.com)
345\- Does not transmit email chains, mass unsolicited emails, instant messages, advertising messages and spam messages;
190346
191Notifications will be forwarded to Subscribers whose material or links are the subject of the Notification and to chillingeffects.org.
347\- Contains no advertising and/or canvassing in order to offer products and/or services to sell through the Site;
192348
193### Article 11 - Disclaimer of Warranties
349\- 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.
194350
195THE SITE, THE APPLICATION AND THE PREMIUM+ SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE DEEZER PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE DEEZER PARTIES DO NOT WARRANT THAT THE SITE, THE APPLICATION OR PREMIUM+ SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE PREMIUM+ SERVICE OR THE SERVERS THAT MAKE THE PREMIUM+ SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT DESCRIPTIONS OR DEPICTIONS, OR OTHER CONTENT OFFERED AS PART OF THE PREMIUM+ SERVICE, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
351ii) The Subscriber 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.
196352
197YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, THE APPLICATION AND THE PREMIUM+ SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SITE, THE APPLICATION OR THE PREMIUM+ SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SITE, THE APPLICATION OR THE PREMIUM+ SERVICE. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE, THE APPLICATION OR THE PREMIUM+ SERVICE FOR ANY FEATURE OR PART THEREOF AT ANY TIME. THE DEEZER PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.
353iii) If the Subscriber breaches any law 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).
198354
199The music catalogue available as part of the Premium+ Service is linked to the contracts in effect with third party rights holders and may therefore change. Therefore, DEEZER cannot guarantee the availability of any determined track or album or any artist or group in the Premium+ Service catalogue. You agree that DEEZER will not be held liable for the removal of parts of the catalogue content offered.
355### Article 11 - Disclaimer of warranties
200356
201DEEZER shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of DEEZER, including without limitation any failure to perform hereunder, such as, Internet or equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
357The Subscriber declares that he has been informed of the scope and limitations of the Internet network.
202358
203Finally, you are solely liable of your use of the Site, the Application and the Premium+ Service and you agree that DEEZER will not be liable for any claim arising from your use of the Site, the Application or the Premium+ Service.
359As a result, DEEZER disclaims all liability for any malfunction in access to the Deezer Web Service, the speed at which the pages of the Site open and can be read, the listening speed of the tracks, the temporary or permanent inaccessibility of the Deezer Web Service, and the fraudulent use by third parties of the information provided on the Site.
204360
205### Article 12 - Data Collection Systems
361It is therefore the Subscriber'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 Subscriber's equipment.
206362
207DEEZER and its partners implement data collection systems on Subscribers' computer.
363More broadly, DEEZER disclaims any liability if a breach of any obligation results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, 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 and more broadly any unstoppable and unforeseen event which prevents orders being carried out successfully.
208364
209In order to obtain all information regarding (i) the use of such data collection systems by DEEZER and its partners and (ii) the procedure applicable to prevent the implementation of such data collection systems, you can visit the section "Privacy Policy" on the Site and the Application or review Section 7 of the DEEZER Privacy Policy, located [here](http://www.deezer.com/legal/personal-datas).
365DEEZER disclaims all liability should it transpire that the Deezer Web Service is incompatible with certain equipment and/or features of the Subscriber's equipment.
210366
211### Article 13 - Intellectual Property
367Finally, the Subscriber is solely liable for his/her use of the Deezer Web Service and cannot hold DEEZER liable for any claim and/or proceedings against him/her in this regard. The Subscriber 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 Subscriber's use of the Deezer Web Service.
212368
213The Site, the Application, the Premium+ Service and all elements composing of the foregoing (such as but not limited to the logos, domain names, tracks or videos, and there associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the tracks or videos including the visuals on the packaging) (the "DEEZER Content") are the exclusive property of DEEZER and/or its licensors. The DEEZER Content is protected by applicable laws, including intellectual property laws. You may only access and use the DEEZER Content for the purpose of using the Premium+ Service in accordance with these Terms of Service.
369### Article 12 - Intellectual property
214370
215Any unauthorized use of the Site, the Application, the Premium+ Service or the DEEZER Content without the express consent of DEEZER is strictly forbidden.
371The general structure of the Site, the Application, the Deezer Web Service and all elements composing it (such as but not limited to the logos, domain names, tracks or videos, and their associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the tracks or videos, as well as the visuals on the packaging) are the exclusive property of DEEZER and/or its licensors (notably the record and video producers, the record companies, authors' rights societies, etc.).
216372
217The Recordings are protected by U.S. Copyright laws. Therefore, you may not use the Premium+ Service for any commercial purposes, including playing the Recordings in a business environment or public place. You may only access the Site, the Application and use the Premium+ Service for your own personal use.
373These elements are protected by intellectual property law and other laws, and particularly copyright. The Subscriber may only use these elements for the purpose of using the Deezer Web Service, in accordance with the Terms.
218374
219Except as provided in these Terms of Service, any other use of the Recordings is strictly prohibited. Except as provided in these Terms of Service, you shall not download or attempt to download, transfer or attempt to transfer, permanently or temporarily, the Recordings on the hard drive of a computer or any other device (notably music players), or other physical storage medium (e.g. CD or hard drive). Any resale, exchange or renting of tracks or Recordings offered on the Site is strictly prohibited.
375Any representation of all or part of the Site, the Application, the Deezer Web Service and/or the elements composing them (as described above), by any means, without the express consent of DEEZER, is therefore forbidden and would be treated as an infringement punishable by law.
220376
221DEEZER may implement or use technical protection measures to prevent the unauthorized use of the Recordings. You hereby agree not to bypass, or attempt to bypass, by any means, these technical protection measures.
377Any hyperlink to the Site 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 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 use of a DEEZER account (such use 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.
222378
223### Article 14 - Modifications of the Terms of Service
379The Recordings made available on the Deezer Web Service are digital files protected by national and international copyright and related rights. They may only therefore be listened to within a private or family setting. Any use for a non-private purpose will render the Subscriber liable to civil and/or criminal proceedings. Any other use of the Recordings is strictly forbidden and more particularly any download or attempt to download, any transfer or attempt to transfer 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.
224380
225DEEZER may amend these Terms of Service from time to time. We will post any material changes to these Terms of Service on the Site with a notice advising of the changes at least thirty (30) days before the effective date of the changes. If you have provided us with your email address we also will endevor to notify you of material changes to these Terms of Service by sending an email at least fifteen (15) days before the effective date of the changes to the email address you most recently provided to us. If you do not agree to the new terms, you may terminate your account within the applicable thirty (30) day period by (1) accessing the "Cancel my subscription" section of the Site or (2) emailing us [here](http://support.deezer.com/hc/en-gb/requests/news) and you will not be bound by the amended terms. Otherwise, the new terms will take effect after thirty (30) days.
381The Subscriber acknowledges that the Recordings made available to him/her within the Site and Application are protected by protective technical measures set up by DEEZER in order to prevent or limit, depending on the technology offered, the unauthorised use of the Recordings.
226382
227### Article 15 - Contact DEEZER
383The Subscriber 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.).
228384
229For any information or question regarding the Premium+ Service, you can contact DEEZER through the Site by clicking [here](http://support.deezer.com/hc/en-gb/requests/news).
385### Article 13 - Suspension and/or cancellation initiated by DEEZER or the Subscriber
230386
231### Article 16 - Nullity of a term
387Without prejudice to any damages that DEEZER may claim, DEEZER has the right to suspend access to the Deezer Web Service by a Subscriber and/or cancel his/her subscription to the Deezer Web Service without notice or compensation, in the event that the Subscriber:
232388
233You and DEEZER agree that if any portion of these Terms of Service or of the DEEZER Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Service, which shall continue to be in full force and effect.
389\- Does not comply with the Terms and especially:
234390
235### Article 17 - Choice of Law
391- Fails to give due regard to the intellectual property rights of DEEZER or its licensors;
392- Bypasses or attempts to bypass the protective technical measures put in place by DEEZER;
393- Uses or attempts to use multiple simultaneous connections to the same account;
394- Provides false information at the time of his/her subscription to the Deezer Web Service or subsequently.
236395
237These Terms of Service are governed by the laws of the state of New York, without regard to conflict of law principles, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in New York. You consent to the exclusive jurisdiction of the federal or state courts located in New York County, New York.
396\- Fails to pay the subscription price in full or in part.
238397
239### Article 18 - Arbitration Agreement and Waiver of Class Remedies
398\- Carries on activities prejudicial to DEEZER's commercial interests.
240399
241The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms of Service (including its formation, performance and breach) and your use of the Site or the Premium+ Service shall be finally settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
400The Subscriber will be able to cancel his/her contract or subscription, without notice or compensation in favour of DEEZER, if DEEZER is in breach of its substantive obligations as defined in the Terms, or for legitimate reasons such as, in particular, his/her computer being stolen or on grounds of technical incompatibility of the Deezer Web Service with the Subscriber's equipment.
242401
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.**
402### Article 14 - Amendments of the Terms
244403
245The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
404DEEZER has the right to amend the Terms at its sole discretion. DEEZER will inform the Subscriber by email to the email address given on the Subscriber's account, of any amendments of the Terms at least 1 (one) month before they come into effect. If the Subscriber does not accept these amendments, he/she will be free to cancel his/her subscription from his/her account on the Site as set forth in Article 5.4 above, such cancellation becoming effective on the next monthly subscription due date. If the Subscriber does not cancel his/her subscription, the amended Terms will come into effect 1 (one) month following receipt of notification of the amendment of the Terms.
246405
247You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this section by sending written notice of your decision to opt-out [here](http://support.deezer.com/hc/en-gb/requests/news). The notice must be sent within thirty (30) days of registering to use the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Service.
406### Article 15 - Community and Customer Service
248407
249### Article 19 - Assignment
408As part of his/her access to and use of the Deezer Web Service, DEEZER provides the Subscriber with a community, accessible through the deezercommunity.com website (the "Community") where the Subscriber will in particular be able to find information regarding the Deezer Web Service and interact with other Subscribers.
250409
251DEEZER may assign or delegate these Terms of Service and/or the DEEZER Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without DEEZER's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
410As part of the Community, the Subscriber will in particular be able to:
252411
253### Article 20 - Entire Agreement
412\- consult and contribute to a forum through posts, reactions and comments;
254413
255These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including DEEZER's Privacy Policy), contain the entire understanding of you and DEEZER, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and DEEZER with respect to the Premium+ Service.
414\- post images, links and other content;
256415
257### Article 21 - No Waiver
416\- interact with other Subscribers, DEEZER's moderators, and/or Customer Service through comments and/or private messages.
258417
259The failure of DEEZER to require or enforce strict performance by you of any provision of these Terms of Service or the DEEZER Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of DEEZER's right to assert or rely upon any such provision or right in that or any other instance.
418Use 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).
260419
261The express waiver by DEEZER of any provision, condition, or requirement of these Terms of Service or the DEEZER Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
420As part of his/her access to and use of the Deezer Web Service, DEEZER also provides the Subscriber with a customer support service that can answer any questions the Subscriber might have about his/her account and the Services made available by DEEZER (the "Customer Service").
262421
263Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by DEEZER shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of DEEZER.
422The Subscriber will be able to request information about (this list is not exhaustive):
264423
265### Article 22 - Specific conditions for the Deezer Family Service
424\- his/her access to and use of the Services provided by DEEZER;
266425
267The hereby Terms of Service which govern the Premium+ Service provided by DEEZER, fully apply to the Deezer Family Service (as defined below), except for specific provisions below.
426\- his/her account and changing his/her account information;
268427
269The Deezer Family Service enables the members of the same household to access the Deezer Family Service by creating a master account to which can be linked up to five (5) accounts. The users of all such linked accounts benefit from the same features as provided by the Premium+ Service, except for the community features. All users of the Deezer Family Service can access and use the service simultaneously.
428\- his/her subscriptions and payments.
270429
271However, it is hereby specified that as per the agreements in effect between DEEZER and the right holders, some tracks available in the Premium+ Service music catalogue may not be available through the Deezer Family Service. As a result, the Subscriber, subscriber to the Premium+ Service, would loose access to such tracks on all his accounts including the one created to access his Premium+ Service subscription.
430The Subscriber can contact DEEZER through the Site by clicking on the "[Contact us](https://deezer.com/support)" section or writing to the following address:
272431
273The Deezer Family Service subscription and its use are restricted to members of the same household residing at the same address. Therefore, DEEZER reserves the right, in its discretion, to ask the Subscriber at any time for proof that such requirement is fulfilled.
432Deezer
43324 rue de Calais 75009 Paris
434FRANCE
274435
275The subscription to the Deezer Family Service is not available for:
436Customer Service will make every effort to respond to such requests within a reasonable timeframe, but can make no guarantees or warranties of any kind that such requests will be handled within a timeframe corresponding to the Subscriber's expectations, or that the Subscriber will be fully satisfied with the response.
276437
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.
438### Article 16 - Invalidity of any clause
281439
282The Premium+ subscribers who wish to subscribe to the Deezer Family Service are informed that by subscribing to the Deezer Family Service, they will be immediately charged for the amount of the monthly subscription fee of the Deezer Family Service and at the same time, their subscription to the Premium+ Service will be simultaneously and automatically terminated by DEEZER. Any current month subscription to Premium+ Service already paid for will not be refunded.
440Should any of the clauses of the Terms be declared void or voidable for any reason, the other clauses will still apply without any modification.
283441
284### Article 23 - Specific conditions for the Student Offer Service
442### Article 17 - Jurisdiction - Claims and disputes
285443
286The present Terms of Service which govern the Premium+ Service provided by DEEZER, also apply in full to the Student Offer (as defined below), except for the specific provisions set forth below.
444These Terms are governed by the law of the country where the Subscriber has his/her habitual residence.
287445
288The Student Offer is only available to students from 18 to 25 years old who are enrolled in a college or university in a country where the offer is available. Deezer has appointed a partner to verify that the Subscriber is eligible to the Student Offer when subscribing to the offer for the first time and before each renewal. DEEZER also reserves the right to verify such eligibility at any time. Holders of a master account of the Deezer Family Service are not eligible.
446Any claim relating to the application of these Terms of Use 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, for prompt processing.
289447
290The Student Offer is available for a maximum of twelve consecutive months and can be renewed up to three times per Subscriber, each renewal period being limited to twelve consecutive months. If the Student Offer is terminated for whatever reason at any time, such termination is definitive and the Subscriber will no longer be eligible to the Student Offer.
448For Subscribers residing in a member state of the European Union, should a claim made by a Subscriber not be resolved by Customer Service or remain without response for more than two (2) months following receipt by Customer Service, the Subscriber may choose to submit the dispute to an out-of-court settlement procedure through the European platform for alternative and online dispute resolution at the following link: [https://webgate.ec.europa.eu/odr/](https://webgate.ec.europa.eu/odr/).
291449
292At the end of the Student Offer (including if the offer is not renewed by the Subscriber), the Student Offer shall be automatically converted into a full price Premium+ subscription. As a result, the Subscriber will be charged for the full price of the monthly Premium + Service until cancellation of his subscription; the Subscriber is hereby informed that he can cancel his subscription at any time, as per the cancellation terms hereunder.
450In the event of a dispute, the parties will try to reach an amicable agreement before any legal proceedings are commenced. 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 Subscriber has his/her habitual residence.
293451
294The Premium+ or HiFi subscribers who wish to subscribe to the Student Offer are informed that by subscribing to the Student Offer, they will be immediately charged for the amount of the monthly subscription fee of the Student Offer and at the same time, their subscription to the full price Premium+ or HiFi Service will be simultaneously and automatically cancelled by DEEZER. Any current subscription month to the full price Premium+ or HiFi Service already paid for will not be refunded.
452## Terms of Use and Sale for the Deezer Premium Service, Deezer Family Service and Deezer Student Service
295453
296## Terms of Service for Deezer Premium+ for Bose Customers
454### Article 1 - General
297455
298These 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.
456Welcome to the Terms of Use and Sale for the Deezer Premium Service, Deezer Family Service and Deezer Student Service, which includes the website accessible at http://www.deezer.com (hereinafter the "Site"), and its desktop, tablet and mobile applications (hereinafter the "Application"). The Site and Application are created, developed and operated by DEEZER S.A. (hereinafter "DEEZER") a French corporation listed in the Trade and Companies Register under number 511 716 573, the registered office of which is located at 24 rue de Calais 75009 Paris - FRANCE.
299457
300The 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.
458These conditions of use and sale (hereinafter the "Terms") govern exclusively the Deezer Premium Service provided by DEEZER. These conditions apply to the exclusion of any other terms, particularly those that apply to other Services - free or paid - offered on the Site or the Application.
301459
302The 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.
460The purpose of these Terms is to define the contractual and commercial relationship between DEEZER, on the one hand, and any subscriber to the Deezer Premium Service, Deezer Family Service and Deezer Student Service (hereinafter the "Subscriber"), on the other hand.
303461
304**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.**
462The use of the Site and of the Deezer Premium Service, Deezer Family Service and Deezer Student Service is authorised for personal and private use only, therefore any other use, particularly in public premises and for businesses, is strictly forbidden.
305463
306The 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.
464Subscription and access to the Deezer Premium Service, Deezer Family Service and Deezer Student Service are strictly dependent on prior acceptance of all of these Terms (including the Privacy Policy) without restriction or reservation.
307465
308### Article 1 - Eligibility & Offer
466### Article 2 - Presentation of the Deezer Premium Service
309467
310The 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/)
468The Deezer Premium Service is a service offered and operated by DEEZER that makes it possible, subject to consent to these Terms, to listen to unlimited sound recordings and other musical and cultural content (such as podcasts, radio stations and in certain territories, audiobooks) (hereinafter the "Recordings") in high quality audio (than is made available through DEEZER's other services, where available) and without any advertisements, on multiple devices and in "Offline Mode" as described hereunder.
311469
312Eligible 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.
470The Deezer Premium Service includes personalised music, playlists and other content recommendations.
313471
314The SoundLink Products allowing eligibility to the Offer are:
472Once the Subscriber has signed up, he/she has access to all features of the Deezer Premium Service from the Site or the Application.
315473
316- SoundLink Color
317- SoundLink Mini Bluetooth speaker
318- SoundLink Mobile III Bluetooth speaker
319- SoundLink AE Bluetooth headphones
320- SoundLink OE Bluetooth headphones
474The main characteristics of the Deezer Premium Service are as follows:
321475
322The SoundTouch Products allowing eligibility to the Offer are:
476\- Unlimited access, for the purpose of temporary downloading on three authorised devices (non-portable or portable devices) of Recordings included in the Deezer Premium Service music catalogue, in order to listen to them later when off-line;
323477
324- SoundTouch 20/30/Portable Wi-Fi music system series I, II
325- Wave SoundTouch system
326- SoundTouch SA4 amplifier
327- SoundTouch SA4 amplifier bundles with speakers
328- SoundTouch Stereo JC, series I and II
329- SoundTouch wireless adapter
330- Lifestyle home theater systems with SoundTouch
478\- No advertising;
331479
332Eligible 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.
480\- High quality sound.
333481
334The 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.
482The Deezer Premium Service can only be used on certain compatible devices. A list of these devices can be found [here](http://www.deezer.com/devices).
335483
336The 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.
484The Deezer Premium Service is accessible to the Subscriber until the end of his/her subscription as stated on the subscription page of the Site at the time of subscribing or the cancellation of his/her subscription under the Terms hereunder.
337485
338Eligible 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.
486The Deezer Premium Service is accessible from a personal computer (PC or Mac) by connecting to the Site or desktop application or from a portable device through the Application, which needs to be downloaded by the Subscriber. The Deezer Premium Service is also accessible without an Internet connection, by clicking the "Offline Mode" button of the Application.
339487
340The 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.
488By using the Offline Mode, the Subscriber can only access the Recordings and playlists that he/she has previously temporarily downloaded, from the Application, onto his/her device (non-portable or portable).
341489
342Detailed 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.
490Recordings or playlists can be temporarily downloaded through the Offline Mode button that appears on the pages of the Application. The downloaded tracks can then be listened to with no Internet connection or 3G/4G mobile technology, for the whole Subscription period, but cannot however be transferred to or burned onto any medium whatsoever.
343491
344### Article 2 - Description of the Premium + Service
492DEEZER informs the Subscriber that it declines all liability with regard to advertisements displayed within content provided and hosted by third parties and which may be integrated into and/or referred to on the Site or the Application.
345493
346The 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.
494### Article 3 - Use of the Deezer Premium Service
347495
348The main characteristics of the Premium + Service are the following:
496The use of the Deezer Premium Service requires a high-speed Internet connection and an Internet service for portable devices. These connections are not provided by DEEZER; the Subscriber must therefore first register with a high-speed Internet and/or mobile Internet offer in order to use the Deezer Premium Service.
349497
350\- 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;
351\- No advertisements; and
352\- A higher sound quality than is offered through DEEZER's free streaming services (where available).
498A mobile Internet connection via third or fourth generation (3G or 4G) mobile technology is highly recommended.
353499
354As 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.
500The music catalogue available as part of the Deezer Premium Service is linked to the contracts in force with the rights-holders and may therefore be subject to change. DEEZER cannot guarantee the availability of any given track or album or any artist or group in the Deezer Premium Service catalogue. Moreover, DEEZER cannot guarantee that any given track, album, artist or group in the Deezer Premium Service catalogue will be available indefinitely. DEEZER incurs no liability for the withdrawal of any part of the catalogue content made available.
355501
356DEEZER 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.
502As a Subscriber, you can activate the Deezer Premium Service on a personal computer (PC or Mac) and a compatible portable device registered with the Deezer Premium Service. The Deezer Premium Service is only accessible from one connection at a time (registered personal computer or compatible portable device). DEEZER has the technical means to verify multiple simultaneous connections from the same account and is therefore able to detect any attempts at multiple connections.
357503
358Once your subscription is expired or terminated, you have no right to access or use the Premium + Service.
504### Article 4 - Availability and modification of the Deezer Premium Service
359505
360The 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.
506The Deezer Premium Service can be accessed 24 hours a day, seven days a week, within the limit of the Terms and the terms of Article 10 hereunder.
361507
362The 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.
508The Recordings made available within the Deezer Premium Service are determined based on the country where the Subscriber has subscribed to the Deezer Premium Service (his/her country of residence). In accordance with Regulation (EU) 2017/1128 on cross-border portability of online content services in the internal market, any Subscriber who has subscribed to the Deezer Premium Service from a member state of the European Union will have access to the same content in the same manner when using the Deezer Premium Service while temporarily present in another member state, at no additional cost. However, DEEZER cannot guarantee the same quality of service as provided in the Subscriber's country of residence.
363509
364### Article 3 - Use of the Service
510Any Subscriber who has subscribed to the Deezer Premium Service outside the European Union will also be given access to the same content in the same manner when using the Deezer Premium Service while temporarily present in another country, at no additional cost. However, DEEZER cannot guarantee the same quality of service as provided in the Subscriber's country of residence.
365511
366Your access to the Site and use of the Service requires a high-speed internet connection.
512DEEZER has the right to make any changes or improvements to the Deezer Premium Service as it deems necessary. DEEZER nevertheless guarantees that it will not affect the quality or substantially change the features of the Deezer Premium Service.
367513
368For 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.
514In addition, DEEZER has the right to temporarily remove access to the Deezer Premium Service, without prior notice or compensation, where necessary to carry out maintenance or ensure continuity of service. The Subscriber acknowledges that DEEZER cannot be held liable and thus waives any right to compensation and/or action against DEEZER in that respect. Notice of temporary interruptions in the Deezer Premium Service will be given on the Site at least 24 (twenty-four) hours before they occur, unless they are urgent. DEEZER is also entitled to shut the Service down permanently with no compensation payable. Notice of the permanent shutdown of the Deezer Premium Service will be given via the Site or Application, at least 1 (one) month before it occurs. The Subscriber will no longer be liable for any payment from the date of the Deezer Premium Service shutdown.
369515
370#### 3.1 Use of the Premium + Service
516### Article 5 - Absence of the right of withdrawal - period - renewal - cancellation - upgrade to the Deezer Premium Service
371517
372#### 3.1.1 Licence
518#### 5.1 No right of withdrawal (cooling-off period)
373519
374As 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.
520The Subscriber expressly recognises and accepts that the supply of the Deezer Premium 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.
375521
376#### 3.2 Access
522#### 5.2 Period - Trials and discovery offers
377523
378Prior to the use of the Premium + Service, you must subscribe to the Premium + Service on the Site or the Application.
524DEEZER offers a monthly subscription (or any other period depending on the offers made on the Site or the Application).
379525
380In order to subscribe to a Premium + Service, you must:
526Some trial or discovery periods of the Deezer Premium Service of a different duration may be offered on the Site or the Application, temporarily or otherwise. Unless stated otherwise, these trial and discovery periods will be subject to these Terms and will be limited to one subscription (same IP (Internet Protocol) address and/or same email address) whatever the trial or discovery offer.
381527
382\- 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;
528#### 5.3 Renewal
529
530Unless cancelled by the Subscriber pursuant to Article 5.4, and unless the Subscriber uses a non-recurring payment method, the subscription to the Service renews automatically for exactly the same duration as the initial period. Therefore, if the Subscriber takes out a monthly subscription, such subscription will be renewed automatically each month.
531
532Certain trial or discovery offers are subject to the provision of credit card details. Unless stated otherwise on the Site or Application or in the Terms, and unless the subscription is cancelled by the Subscriber pursuant to Article 5.4, any trial or discovery 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 Premium Service.
533
534#### 5.4 Cancellation
535
536Where a subscription is taken out directly from the Site or Application, in order to cancel his/her subscription the Subscriber must go to his/her account and click "Cancel my subscription". 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. For a trial or discovery period, cancellation occurs at the date and time of cancellation as indicated in the Subscriber's account, unless stated otherwise on the Site.
537
538If the subscription was taken out via a third-party website (such as iTunes for example), the Subscriber must first check the cancellation conditions for his/her subscription in the "My account" section of the Site, then follow the instructions to cancel the subscription. The Subscriber should be aware that conditions (how to cancel, within what timeframe, etc.) may vary from one third-party platform to another.
539
540#### 5.5 Upgrade to the Deezer Premium Service
541
542If the Subscriber switches from the Deezer Web Service to the Deezer Premium Service, the upgrade will take effect immediately as authorised by DEEZER. Henceforth, DEEZER will immediately charge the Subscriber for the newly activated Deezer Premium Service subscription, regardless of whether the subscription period for the Deezer Web Service has come to an end, meaning that if the Subscriber is upgrading to the Deezer Premium Service during the Deezer Web Service subscription period, DEEZER will charge the Subscriber for both Services until the Subscriber cancels his/her subscription to the Deezer Web Service.
543
544There will be no refund of the price paid for the Deezer Web Service subscription due to the upgrade.
545
546### Article 6 - Terms of access to the Deezer Premium Service
547
548The Subscriber declares that he/she has the capacity to agree to these Terms; this means that he/she is of the legal age required and not under any legal protection measure (such as legal guardianship).
549
550The Subscriber declares that he/she is a resident in a country where the Deezer Premium Service is available and that he/she is the owner of a credit card issued by a bank in the same country.
551
552### Article 7 - Creation of an account
553
554In order to subscribe to the Deezer Premium Service, every Subscriber must:
555
556\- Create an account on the Site or download and create an account on the Application or, if the Subscriber is already registered, log in to the Site or Application;
557
383558\- Provide the information requested on the subscription form;
384\- Consent to these Terms of Service;
385\- Pay the subscription price for the Premium + Service through one of the payment systems offered; - Confirm your subscription.
386559
387As 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.
560\- Give his/her consent to the Terms;
388561
389Once 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.
562\- Pay the price for his/her subscription via one of the payment systems offered;
390563
391You 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.
564\- Confirm his/her subscription.
392565
393You 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.
566The Subscriber agrees to provide true, accurate and genuine information about himself/herself in connection with his/her registration with the Site, the Application and the Deezer Premium Service.
394567
395You 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.
568Once his/her registration has been approved, DEEZER will send the Subscriber a confirmation email to the email address given at the time of registration.
396569
397As 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.
570Subject to the other conditions of the Terms, subscription to the Deezer Premium Service will become effective only once DEEZER sends the aforementioned confirmation email. DEEZER recommends that the Subscriber saves and/or prints out this email.
398571
399#### 3.3 Price
572The Subscriber can change the password given on his/her account at any time by clicking the "My information" section.
400573
401The subscription price of the Premium + Service is indicated on the Site or on the Application and includes all taxes.
574The Subscriber agrees to inform DEEZER, without delay, of any change or update to the information provided at the time of subscribing to the Deezer Premium Service and any change in his/her email address or bank details in particular. The Subscriber can change any of his/her information at any time on his/her account on the Site by clicking the "My information" section.
402575
403DEEZER 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.
576The Subscriber must immediately inform DEEZER of any loss or unauthorised use of his/her account, identification details or password. The passwords and identification details are personal and the Subscriber undertakes not to disclose them. As a result, the Subscriber is solely responsible for their use.
404577
405Any 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.
578The Subscriber is solely liable for the consequences arising from the misuse of his/her account by the Subscriber himself/herself or by a third party who has accessed the Subscriber's account due to the Subscriber's fault or negligence, and as a result, the Subscriber acknowledges that DEEZER and all its partners, co-contracting party(ies) or rights-holders cannot be held liable in this regard.
406579
407Different payment methods are accepted on the Site, including, Visa or MasterCard credit cards and PayPal.
580### Article 8 - Price
408581
409It is underlined that when a Subscriber communicates to DEEZER his bank details, they are not kept by DEEZER.
582The subscription price is stated on the Site or in the Application and is inclusive of all taxes.
410583
411The 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.
584DEEZER has the right to change the price of all subscription offers from time to time. DEEZER will inform each Subscriber by email to the address provided by the Subscriber at the time of subscription to the Deezer Premium Service (or as subsequently updated on his/her account) of any price increase at least 15 (fifteen) days before it comes into effect. If the Subscriber does not accept this increase, he/she can cancel his/her subscription pursuant to Article 5.4 above; such cancellation will be come into effect on the next monthly subscription due date. If the Subscription is not cancelled, the new price will apply to the Subscriber from the following monthly subscription payment due date.
412585
413### Article 4 - Availability and modification of the Service
586Any increase in the rate of VAT (Value Added Tax) will be passed on automatically and immediately in the price of the Deezer Premium Service. The same will apply should a new tax be created, based on the price of the Deezer Premium Service and applicable to DEEZER. The conditions for cancellation applicable in the event of a change in price of the Deezer Premium 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.
414587
415DEEZER 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.
588Subscribers are reminded that the connection and communication (Internet) costs relating to the use of the Deezer Premium Service are not borne by DEEZER and are payable solely by the Subscriber.
416589
417DEEZER will use reasonable efforts to provide you with at least twenty four (24) hours' notice prior to any Service interruptions.
590### Article 9 - Payment of the price
418591
419If 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.
592Various payment methods are offered on the Site (credit cards, prepaid cards, PayPal and/or other payment methods).
420593
421### Article 5 - Terms of Access to the Site and Service
594Depending on the subscription period chosen by the Subscriber, the Subscription price is paid either monthly or annually. The first payment will be made at the time of subscription, and thereafter payments will be made at the beginning of each month or year, by direct debit, until the subscription is cancelled, whether cancellation is initiated by the Subscriber or DEEZER.
422595
423In 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.
596For optimised transaction security, DEEZER has chosen the payment systems of various companies with which it has entered into agreements. The guarantees given by DEEZER in terms of transaction security are identical to those obtained by DEEZER from these payment service providers.
424597
425If you are not at least 13 years of age, you shall not attempt to access the Site or use the Service.
598Unless the Subscriber provides evidence to the contrary, the computerised 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 Subscriber and DEEZER. This information shall be treated as valid proof between the Subscriber and DEEZER unless the Subscriber is able to provide written proof to the contrary.
426599
427If 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.
600### Article 10 - Subscriber liability
428601
429Please note that certain functionalities or features of the Service described on the Site or Application may be not available in your country.
602i) Each Subscriber can post messages, information and/or comments on the Site and the desktop Application. The Subscriber is solely liable for any messages, content or information published by him/her on the Site or desktop Application; DEEZER is considered to be an Internet service-hosting provider only and cannot be held liable for the content published by the Users on the Site or desktop Application, over which DEEZER has no control or supervision.
430603
431### Article 6 - Term and termination
604To avoid being held liable, the Subscriber expressly agrees to ensure that any message published by him/her on the Site or desktop Application complies with the following requirements (this list is not exhaustive):
432605
433#### 6.1 Term and Renewal
606\- Does not infringe third party intellectual property rights; the Subscriber therefore agrees not to publish content on the Site or desktop 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;
434607
435If 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.
608\- Contains no computer virus able to interrupt, destroy or affect the Site or desktop Application's features;
436609
437Instructions on how to cancel your Premium + Service subscription are set forth in Article 6.3 below.
610\- Does not celebrate crime or criminal behaviour or contain illegal or threatening messages or content of a paedophile, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic or revisionist nature or contrary to public order and good manners;
438611
439#### Trial Periods
612\- Does not infringe any right to privacy or promote disrespect for human dignity;
440613
441DEEZER 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.
614\- Does not encourage violence, fanaticism, crime, suicide or hatred linked to religion, race, sex, sexual preferences or ethnicity;
442615
443#### 6.2. No Refund
616\- Does not harass other Users;
444617
445The 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.
618\- Does not promote or encourage any criminal activity or enterprise;
446619
447#### 6.3 Termination
620\- Does not request and/or disclose passwords and/or personal information for commercial or illegal purposes;
448621
449#### 6.3.1. Subscription Termination Initiated by a Subscriber
622\- Does not transmit email chains, mass unsolicited emails, instant messages, advertising messages and spam messages;
450623
451If 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.
624\- Contains no advertising and/or canvassing in order to offer products and/or services to sell through the Site or the Application;
452625
453If 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.
626\- 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.
454627
455#### 6.3.2. Termination initiated by DEEZER
628ii) The Subscriber 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.
456629
457DEEZER 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.
630iii) If the Subscriber breaches any law 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).
458631
459Without 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:
632### Article 11 - Disclaimer of warranties
460633
461- Infringe, misappropriate or violate the intellectual property rights of DEEZER,its licensors or any third party;
462- Bypass or attempt to bypass any technical or security measures on the Site or Application;
463- Use, or attempt to use, multiple simultaneous connections to the same account;
464- Provide false information to DEEZER in connection with your subscription or account registration;
465- 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.
634The Subscriber declares that he has been informed of the scope and limitations of the Internet network.
466635
467### Article 7 - User Content and Other User Restrictions
636As a result, DEEZER disclaims all liability for any malfunction in access to the Deezer Premium Service, the speed at which the pages of the Site or Application open and can be read, the listening speed of any tracks, the temporary or permanent inaccessibility of the Deezer Premium Service, and the fraudulent use by third parties of the information provided on the Site or Application.
468637
469You 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").
638It is therefore the Subscriber'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 Subscriber's equipment.
470639
471By 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.
640More broadly, DEEZER disclaims any liability if a breach of any obligation results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, 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 and more broadly any unstoppable and unforeseen event which prevents orders being carried out successfully.
472641
473You 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.
642DEEZER disclaims all liability should it transpire that the Deezer Premium Service is incompatible with certain equipment and/or features of the Subscriber's equipment.
474643
475You 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.
644Finally, the Subscriber is solely liable for his/her use of the Deezer Premium Service and cannot hold DEEZER liable for any claim and/or proceedings against him/her in this regard. The Subscriber 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 Subscriber's use of the Deezer Premium Service.
476645
477You agree not to:
646### Article 12 - Intellectual property
478647
479- use any automatic system, such as scripts, to add members to your profile or to send comments or messages on the Site.
480- 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
481- 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.
648The general structure of the Site, the Application, the Deezer Premium Service and all elements composing it (such as but not limited to the logos, domain names, tracks or videos, and their associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the tracks or videos, as well as the visuals on the packaging) are the exclusive property of DEEZER and/or its licensors (notably the record and video producers, the record companies, authors' rights societies, etc.).
482649
483### Article 8 - Privacy Policy
650These elements are protected by intellectual property law and other laws, and particularly copyright. The Subscriber may only use these elements for the purpose of using the Deezer Premium Service, in accordance with the Terms.
484651
485In 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.
652Any representation of all or part of the Site, the Application, the Deezer Premium Service and/or the elements composing them (as described above), by any means, without the express consent of DEEZER, is therefore forbidden and would be treated as an infringement punishable by law.
486653
487### Article 9 - Limitation of Liability; Indemnification
654Any hyperlink to the Site 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 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 use of a DEEZER account (such use 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.
488655
489YOU 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.
656The Recordings made available on the Deezer Premium Service are digital files protected by national and international copyright and related rights. They may only therefore be listened to within a private or family setting. Any use for a non-private purpose will render the Subscriber liable to civil and/or criminal proceedings. Any other use of the Recordings is strictly forbidden and more particularly any download or attempt to download, any transfer or attempt to transfer 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.
490657
491You 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.
658The Subscriber acknowledges that the Recordings made available to him/her within the Site and Application are protected by protective technical measures set up by DEEZER in order to prevent or limit, depending on the technology offered, the unauthorised use of the Recordings.
492659
493### Article 10 - DEEZER Digital Millennium Copyright Act Policy
660The Subscriber 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.).
494661
495If 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.
662### Article 13 - Suspension and/or cancellation initiated by DEEZER or the Subscriber
496663
497The 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.
664Without prejudice to any damages that DEEZER may claim, DEEZER has the right to suspend access to the Deezer Premium Service by a Subscriber and/or cancel his/her subscription to the Deezer Premium Service without notice or compensation, in the event that the Subscriber:
498665
499Pursuant 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.
666\- Does not comply with the Terms and especially:
500667
501A Notification should include the following:
668- Fails to give due regard to the intellectual property rights of DEEZER or its licensors;
669- Bypasses or attempts to bypass the protective technical measures put in place by DEEZER;
670- Uses or attempts to use multiple simultaneous connections to the same account;
671- Provides false information at the time of his/her subscription to the Deezer Premium Service or subsequently.
502672
503- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
504- 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.
505- 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.
506- 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.
507- 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.
508- 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.
673\- Fails to pay the subscription price in full or in part.
509674
510Notifications should be adressed to our Copyright Agent at:
675\- Carries on activities prejudicial to DEEZER's commercial interests.
511676
512Attn.: Daniel MARHELY
677The Subscriber will be able to cancel his/her contract or subscription, without notice or compensation in favour of DEEZER, if DEEZER is in breach of its substantive obligations as defined in the Terms, or for legitimate reasons such as, in particular, his/her computer being stolen or on grounds of technical incompatibility of the Deezer Premium Service with the Subscriber's equipment.
513678
514**Deezer**
679### Article 14 - Amendments of the Terms
680
681DEEZER has the right to amend the Terms at its sole discretion. DEEZER will inform the Subscriber by email to the email address given on the Subscriber's account, of any amendments of the Terms at least 1 (one) month before they come into effect. If the Subscriber does not accept these amendments, he/she will be free to cancel his/her subscription from his/her account on the Site as set forth in Article 5.4 above, such cancellation becoming effective on the next monthly subscription due date. If the Subscriber does not cancel his/her subscription, the amended Terms will come into effect 1 (one) month following receipt of notification of the amendment of the Terms.
682
683### Article 15 - Community and Customer Service
684
685As part of his/her access to and use of the Deezer Premium Service, DEEZER provides the Subscriber with a community, accessible through the deezercommunity.com website (the "Community") where the Subscriber will in particular be able to find information regarding the Deezer Premium Service and interact with other Subscribers.
686
687As part of the Community, the Subscriber will in particular be able to:
688
689\- consult and contribute to a forum through posts, reactions and comments;
690
691\- post images, links and other content;
692
693\- interact with other Subscribers, DEEZER's moderators, and/or Customer Service through comments and/or private messages.
694
695Use 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).
696
697As part of his/her access to and use of the Deezer Premium Service, DEEZER also provides the Subscriber with a customer support service that can answer any questions the Subscriber might have about his/her account and the Services made available by DEEZER (the "Customer Service").
698
699The Subscriber will be able to request information about (this list is not exhaustive):
700
701\- his/her access to and use of the Services provided by DEEZER;
702
703\- his/her account and changing his/her account information;
704
705\- his/her subscriptions and payments.
706
707The Subscriber can contact DEEZER through the Site by clicking on the "[Contact us](https://deezer.com/support)" section or writing to the following address:
708
709Deezer
51571024 rue de Calais 75009 Paris
516711FRANCE
517712
518And should be sent to dmca@deezer.com
713Customer Service will make every effort to respond to such requests within a reasonable timeframe, but can make no guarantees or warranties of any kind that such requests will be handled within a timeframe corresponding to the Subscriber's expectations, or that the Subscriber will be fully satisfied with the response.
519714
520Notifications will be forwarded to those whose material or links are the subject of the Notification and to chillingeffects.org.
715### Article 16 - Invalidity of any clause
521716
522### Article 11 - Disclaimer of Warranties
717Should any of the clauses of the Terms be declared void or voidable for any reason, the other clauses will still apply without any modification.
523718
524THE 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.
719### Article 17 - Jurisdiction - Claims and disputes
525720
526YOU 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.
721These Terms are governed by the law of the country where the Subscriber has his/her habitual residence.
527722
528The 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.
723Any claim relating to the application of these Terms of Use 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, for prompt processing.
529724
530DEEZER 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.
725For Subscribers residing in a member state of the European Union, should a claim made by a Subscriber not be resolved by Customer Service or remain without response for more than two (2) months following receipt by Customer Service, the Subscriber may choose to submit the dispute to an out-of-court settlement procedure through the European platform for alternative and online dispute resolution at the following link: [https://webgate.ec.europa.eu/odr/](https://webgate.ec.europa.eu/odr/).
531726
532Finally, 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.
727In the event of a dispute, the parties will try to reach an amicable agreement before any legal proceedings are commenced. 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 Subscriber has his/her habitual residence.
533728
534### Article 12 - Cookies
729### Article 18 - Specific conditions for the Deezer Family Service
535730
536DEEZER and its partners implement cookies on Subscribers' computer.
731These Terms, which govern the Deezer Premium Service provided by DEEZER, also apply in full to the Deezer Family Service (as defined below), except for the specific provisions below.
537732
538In 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/)
733The Deezer Family Service enables the members of the same household to access the Deezer Family Service by creating a master account to which up to five (5) accounts can be linked. The linked accounts will be created by the Subscriber, who shall have parental authority or parental authorisation in order to create an account for a minor under 16. The users of all such linked accounts benefit from the same features as provided by the Deezer Premium Service, except for the community features. All users of the Deezer Family Service can access and use the service simultaneously.
539734
540### Article 13 - Intellectual Property
735However, 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 Family Service. As a result, the Subscriber who has signed up for the Deezer Family Service would lose access to such tracks on all his/her accounts including the one created to access his/her Deezer Premium Service subscription.
541736
542The 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.
737The Deezer Family Service subscription and its use are restricted to members of the same household residing at the same address. Therefore, DEEZER reserves the right, at its discretion, to ask the Subscriber at any time for proof that this requirement is fulfilled.
543738
544Any unauthorized use of the Site, Service or the DEEZER Content without the express consent of DEEZER is strictly forbidden.
739Subscription to the Deezer Family Service is not available for:
545740
546The 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.
741- any person who wishes to subscribe via iTunes;
742- any person who uses as means of payment the first version of the Paypal app;
743- subscribers to the Deezer Premium Service who have signed up for a 12-month subscription.
547744
548Except 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.
745Deezer Premium subscribers who wish to subscribe to the Deezer Family Service are informed that by subscribing to the Deezer Family Service, they will be charged immediately for the amount of the monthly subscription fee for the Deezer Family 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.
549746
550DEEZER 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.
747In respect of the Deezer Family Service, the Subscriber who holds the master account is liable for compliance by all users of the linked accounts with the Terms.
551748
552### Article 14 - Modifications of the Terms of Service
749In respect of the Deezer Family 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.
553750
554DEEZER 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.
751The Deezer Family Service is available through only one connection per account 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. Linked accounts can be created and deleted through the "Settings" page of the master account. Access to the Deezer Family Service for users of the linked accounts is available through the "Settings" page of the master account.
555752
556### Article 15 - Contact DEEZER
753Without 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 Family Service by a Subscriber as provided for in Article 13 of the Terms, if the Subscriber or one of the users of a linked account does not comply with the Terms.
557754
558For 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)
755### Article 19 - Specific conditions for the Deezer Student Service
559756
560### Article 16 - Nullity of a term
757These Terms, which govern the Deezer Premium Service provided by DEEZER, also apply in full to the Deezer Student Service (as defined below), except for the specific provisions below.
561758
562You 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.
759The Deezer Student Service is only available to students aged 18 to 25 who are enrolled in a college or university in a country where the Service is available. DEEZER has appointed a partner to make sure the Subscriber is eligible for the Deezer Student Service when subscribing to the Service for the first time and before each renewal. DEEZER also reserves the right to check such eligibility at any time.
563760
564### Article 17 - Choice of Law
761Subscription to the Deezer Student Service is not available for:
565762
566These 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.
763- subscribers to the Deezer Premium Service (full price);
764- subscribers to the Deezer HiFi Service;
765- beneficiaries of a current promotional offer.
567766
568### Article 18 - Arbitration Agreement and Waiver of Class Remedies
767In any of the above cases, in order to subscribe to the Deezer Student Service, the ongoing subscription or promotional offer must first be cancelled or have expired.
569768
570The 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.
769Subscription to the Deezer Student Service is not available via iTunes or via telecommunications operator partners.
571770
572**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.**
771Finally, the holder of a Deezer Family Service master account is not eligible to subscribe to the Deezer Student Service.
573772
574The 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.
773The Deezer Student Service is available for a maximum of twelve consecutive months and can be renewed up to three times per Subscriber; each renewal period is limited to twelve consecutive months. If the Deezer Student Service is cancelled for whatever reason at any time, such cancellation is permanent and the Subscriber will no longer be eligible for the Deezer Student Service.
575774
576You 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.
775At the end of the Deezer Student Service (including if the subscription is not renewed by the Subscriber), the Deezer Student Service shall be automatically converted into a full price Deezer Premium subscription. As a result, the Subscriber will be charged for the full price of the monthly Deezer Premium Service until cancellation of his/her subscription; the Subscriber is hereby informed that he/she can cancel his/her subscription at any time, as per the cancellation terms hereunder.
577776
578### Article 19 - Assignment
777## Terms of Use and Sale for the Deezer HiFi Service
579778
580DEEZER 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.
779### Article 1 - General
581780
582### Article 20 - Entire Agreement
781Welcome to the Terms of Use and Sale for the Deezer HiFi Service, which includes the website accessible at http://www.deezer.com (hereinafter the "Site"), and its desktop, tablet and mobile applications (hereinafter the "Application"). The Site and Application are created, developed and operated by DEEZER S.A. (hereinafter "DEEZER") a French corporation listed in the Trade and Companies Register under number 511 716 573, the registered office of which is located at 24 rue de Calais 75009 Paris - FRANCE.
583782
584These 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.
783These conditions of use and sale (hereinafter the "Terms") alone govern the Deezer HiFi Service provided by DEEZER. These conditions apply to the exclusion of any other terms, particularly those that apply to other Services - free or paid - offered on the Site or the Application.
585784
586### Article 21 - No Waiver
785The purpose of these Terms is to define the contractual and commercial relationship between DEEZER, on the one hand, and any subscriber to the Deezer HiFi Service (hereinafter the "Subscriber"), on the other hand.
587786
588The 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.
787The use of the Site and of the Deezer HiFi Service is authorised for personal and private use only; any other use, particularly in public premises and for businesses, is therefore strictly forbidden.
589788
590The 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.
789Subscription and access to the Deezer HiFi Service are strictly dependent on prior acceptance of all of these Terms (including the Privacy Policy) without restriction or reservation.
591790
592Except 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.
791### Article 2 - Presentation of the Deezer HiFi Service
593792
594Last Updated: September 1, 2017
793The Deezer HiFi Service is a service offered and operated by DEEZER that makes it possible, subject to consent to these Terms, to listen to unlimited sound recordings and other musical and cultural content (such as podcasts, radio stations and in certain territories, audiobooks) (hereinafter the "Recordings") in higher quality audio (than is made available through DEEZER's other services, where available) and without any advertisements, on multiple devices and in "Offline Mode" as described hereunder.
595794
596## Terms of Service for Deezer HiFi
795The Deezer HiFi Service includes personalised music, playlists and other content recommendations.
597796
598### Article 1 - General
797Once the Subscriber has signed up, he/she has access to all features of the Deezer HiFi Service from the Site or the Application.
599798
600These Terms of Service (the "Terms of Service") describe the terms pursuant to which DEEZER S.A. a French corporation registered under number 511 716 573, 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.
799The main characteristics of the Deezer HiFi Service are as follows:
601800
602DEEZER 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").
801\- Unlimited access, for the purpose of temporary downloading on three authorised devices (non-portable or portable devices) of Recordings included in the Deezer HiFi Service music catalogue, in order to listen to them later when off-line;
603802
604The 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.
803\- No advertising;
605804
606**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.**
805\- The majority of the music tracks available are in the following format: FLAC audio bitstream data (CD quality, 16 bits, stereo, 44.1 kHz).
607806
608The 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.
807The Deezer HiFi Service can only be used on certain compatible devices. A list of these devices can be found [here](http://www.deezer.com/devices).
609808
610### Article 2 - Description of the HiFi Service
809The Deezer HiFi Service is accessible to the Subscriber until the end of his/her subscription as stated on the subscription page of the Site at the time of subscribing or the cancellation of his/her subscription under the Terms hereunder.
611810
612The 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.
811The Deezer HiFi Service is accessible from a personal computer (PC or Mac) by connecting to the Site or desktop application or from a portable device through the Application, which needs to be downloaded by the Subscriber. The Deezer HiFi Service is also accessible without an Internet connection, by clicking the "Offline Mode" button of the Application.
613812
614The main characteristics of the HiFi Service are the following:
813By using the Offline Mode, the Subscriber can only access the Recordings and playlists that he/she has previously temporarily downloaded, from the Application, onto his/her device (non-portable or portable).
615814
616\- 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;
617\- No advertisements; and
618\- A majority of the music tracks available are in the following format: FLAC audio bitstream data (CD quality, 16 bits, stereo, 44.1kHz).
815Recordings or playlists can be temporarily downloaded through the Offline Mode button that appears on the pages of the Application. The downloaded tracks can then be listened to with no Internet connection or 3G/4G mobile technology, for the whole Subscription period, but cannot however be transferred to or burned onto any medium whatsoever.
619816
620As 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.
817DEEZER informs the Subscriber that it declines all liability with regard to advertisements displayed within content provided and hosted by third parties and which may be integrated into and/or referred to on the Site or the Application.
621818
622DEEZER 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.
819### Article 3 - Use of the Deezer HiFi Service
623820
624Once your subscription is expired or terminated, you have no right to access or use the HiFi Service.
821The use of the Deezer HiFi Service requires a high-speed Internet connection and an Internet service for portable devices. These connections are not provided by DEEZER; the Subscriber must therefore first register with a high-speed Internet and/or mobile Internet offer in order to use the Service.
625822
626The HiFi Service can be used on limited compatible devices. The list of these devices can be found [here](http://www.deezer.com/devices).
823A mobile Internet connection via third or fourth generation (3G or 4G) mobile technology is highly recommended.
627824
628The 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.
825The music catalogue available as part of the Deezer HiFi Service is linked to the contracts in force with the rights-holders and may therefore be subject to change. DEEZER cannot guarantee the availability of any given track or album or any artist or group in the Deezer HiFi Service catalogue. Moreover, DEEZER cannot guarantee that any given track, album, artist or group in the Deezer HiFi Service catalogue will be available indefinitely. DEEZER incurs no liability for the withdrawal of any part of the catalogue content made available.
629826
630The 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.
827As a Subscriber, you can activate the Deezer HiFi Service on a personal computer (PC or Mac) and a compatible portable device registered with the Deezer HiFi Service. The Deezer HiFi Service is only accessible from one connection at a time (registered personal computer or compatible portable device). DEEZER has the technical means to verify multiple simultaneous connections from the same account and is therefore able to detect any attempts at multiple connections.
631828
632The 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.
829### Article 4 - Availability and modification of the Deezer HiFi Service
633830
634### Article 3 - Use of the HiFi Service
831The Deezer HiFi Service can be accessed 24 hours a day, seven days a week, within the limit of the Terms and the terms of Article 10 hereunder.
635832
636Your 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.
833The Recordings made available within the Deezer HiFi Service are determined based on the country where the Subscriber has subscribed to the Deezer HiFi Service (his/her country of residence). In accordance with Regulation (EU) 2017/1128 on cross-border portability of online content services in the internal market, any Subscriber who has subscribed to the Deezer HiFi Service from a member state of the European Union will have access to the same content in the same manner when using the Deezer HiFi Service while temporarily present in another member state, at no additional cost. However, DEEZER cannot guarantee the same quality of service as provided in the Subscriber's country of residence.
637834
638### 3.1. License
835Any Subscriber who has subscribed to the Deezer HiFi Service outside the European Union will also be given access to the same content in the same manner when using the Deezer HiFi Service while temporarily present in another country, at no additional cost. However, DEEZER cannot guarantee the same quality of service as provided in the Subscriber's country of residence.
639836
640As 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.
837DEEZER has the right to make any changes or improvements to the Deezer HiFi Service as it deems necessary. DEEZER nevertheless guarantees that it will not affect the quality or substantially change the features of the Deezer HiFi Service.
641838
642### 3.2 Access
839In addition, DEEZER has the right to temporarily remove access to the Deezer HiFi Service, without prior notice or compensation, where necessary to carry out maintenance or ensure continuity of service. The Subscriber acknowledges that DEEZER cannot be held liable and thus waives any right to compensation and/or action against DEEZER in that respect. Notice of temporary interruptions in the Deezer HiFi Service will be given on the Site at least 24 (twenty-four) hours before they occur, unless they are urgent. DEEZER is also entitled to shut the Service down permanently with no compensation payable. Notice of the permanent shutdown of the Deezer HiFi Service will be given via the Site or Application, at least 1 (one) month before it occurs. The Subscriber will no longer be liable for any payment from the date of the Deezer HiFi Service shutdown.
643840
644Prior to the use of the HiFi Service, you must subscribe to the HiFi Service on the Site or the Application.
841### Article 5 - Absence of the right of withdrawal - period - renewal - cancellation - upgrade to the Deezer HiFi Service
645842
646In order to subscribe to the HiFi Service, you must:
843#### 5.1 No right of withdrawal (cooling-off period)
647844
648\- 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;
649\- Provide the information requested on the subscription form;
650\- Consent to these Terms of Service;
651\- Pay the subscription price for the HiFi Service through one of the payment systems offered;
652\- Confirm your subscription.
845The Subscriber expressly recognises and accepts that the supply of the Deezer HiFi 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.
653846
654As 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.
847#### 5.2 Period - Trials and discovery offers
655848
656Once 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.
849DEEZER offers a monthly subscription (or any other period depending on the offers made on the Site or the Application).
657850
658You 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.
851Some trial or discovery periods of the Deezer HiFi Service of a different duration may be offered on the Site or the Application, temporarily or otherwise. Unless stated otherwise, these trial and discovery periods will be subject to these Terms and will be limited to one subscription (same IP (Internet Protocol) address and/or same email address) whatever the trial or discovery offer.
659852
660You 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.
853#### 5.3 Renewal
661854
662You 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.
855Unless cancelled by the Subscriber pursuant to Article 5.4, and unless the Subscriber uses a non-recurring payment method, the subscription to the Service renews automatically for exactly the same duration as the initial period. Therefore, if the Subscriber takes out a monthly subscription, such subscription will be renewed automatically each month.
663856
664As 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.
857Certain trial or discovery offers are subject to the provision of credit card details. Unless stated otherwise on the Site or Application or in the Terms, and unless the subscription is cancelled by the Subscriber pursuant to Article 5.4, any trial or discovery 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 HiFi Service.
665858
666### 3.3 Price
859#### 5.4 Cancellation
667860
668The subscription price of the HiFi Service is indicated on the Site or on the Application and includes all applicable sales taxes, if any.
861Where a subscription is taken out directly from the Site or Application, in order to cancel his/her subscription the Subscriber must go to his/her account and click "Cancel my subscription". 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. For a trial or discovery period, cancellation occurs at the date and time of cancellation as indicated in the Subscriber's account, unless stated otherwise on the Site.
669862
670DEEZER 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.
863If the subscription was taken out via a third-party website (such as iTunes for example), the Subscriber must first check the cancellation conditions for his/her subscription in the "My account" section of the Site, then follow the instructions to cancel the subscription. The Subscriber should be aware that conditions (how to cancel, within what timeframe, etc.) may vary from one third-party platform to another.
671864
672Any 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.
865#### 5.5 Upgrade to the Deezer HiFi Service
673866
674Different payment methods are accepted on the Site and the Application, including, Visa or MasterCard credit cards and PayPal).
867If the Subscriber switches from the Deezer Web Service or the Deezer Premium Service to the Deezer HiFi Service, the upgrade will take effect immediately as authorised by DEEZER. Henceforth, DEEZER will immediately charge the Subscriber for the newly activated Deezer HiFi Service subscription, regardless of whether the subscription period for the Deezer Web Service or the Deezer Premium Service has come to an end, meaning that if the Subscriber is upgrading to the Deezer HiFi Service during the Deezer Web Service or Deezer Premium Service subscription period, DEEZER will charge the Subscriber for both Services until the Subscriber cancels his/her subscription to the Deezer Web Service or the Deezer Premium Service.
675868
676It is underlined that when a Subscriber communicates to DEEZER his bank details, they are not kept by DEEZER.
869There will be no refund of the price paid for the Deezer Web or Deezer Premium Service subscription due to the upgrade.
677870
678The 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.
871### Article 6 - Terms of access to the Deezer HiFi Service
679872
680In 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.
873The Subscriber declares that he/she has the capacity to agree to these Terms; this means that he/she is of the legal age required and not under any legal protection measure (such as legal guardianship).
681874
682There will be no refund of the price paid for the Premium+ Service subscription due to the upgrade.
875The Subscriber declares that he/she is a resident in a country where the Deezer HiFi Service is available and that he/she is the owner of a credit card issued by a bank in the same country.
683876
684### Article 4 - Availability and modification of the HiFi Service
877### Article 7 - Creation of an account
685878
686DEEZER 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.
879In order to subscribe to the Deezer HiFi Service, every Subscriber must:
687880
688DEEZER will use reasonable efforts to provide you with at least twenty four (24) hours' notice prior to any HiFi Service interruptions.
881\- Create an account on the Site or download and create an account on the Application or, if the Subscriber is already registered, log in to the Site or Application;
689882
690If 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.
883\- Provide the information requested on the subscription form;
691884
692### Article 5 - Terms of Access to the Site and the HiFi Service
885\- Give his/her consent to the Terms;
693886
694In 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.
887\- Pay the price for his/her subscription via one of the payment systems offered;
695888
696If 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.
889\- Confirm his/her subscription.
697890
698If 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.
891The Subscriber agrees to provide true, accurate and genuine information about himself/herself in connection with his/her registration with the Site, the Application and the Deezer HiFi Service.
699892
700### Article 6 - Term and termination
893Once his/her registration has been approved, DEEZER will send the Subscriber a confirmation email to the email address given at the time of registration.
701894
702### 6.1 Term and Renewal
895Subject to the other conditions of the Terms, subscription to the Deezer HiFi Service will become effective only once DEEZER sends the aforementioned confirmation email. DEEZER recommends that the Subscriber saves and/or prints out this email.
703896
704If 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.
897The Subscriber can change the password given on his/her account at any time by clicking the "My information" section.
705898
706Instructions on how to cancel your HiFi Service subscription are set forth in Article 6.3 below.
899The Subscriber agrees to inform DEEZER, without delay, of any change or update to the information provided at the time of subscribing to the Deezer HiFi Service and any change in his/her email address or bank details in particular. The Subscriber can change any of his/her information at any time on his/her account on the Site by clicking the "My information" section.
707900
708**Trial Periods**
901The Subscriber must immediately inform DEEZER of any loss or unauthorised use of his/her account, identification details or password. The passwords and identification details are personal and the Subscriber undertakes not to disclose them. As a result, the Subscriber is solely responsible for their use.
709902
710DEEZER 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.
903The Subscriber is solely liable for the consequences arising from the misuse of his/her account by the Subscriber himself/herself or by a third party who has accessed the Subscriber's account due to the Subscriber's fault or negligence, and as a result, the Subscriber acknowledges that DEEZER and all its partners, co-contracting party(ies) or rights-holders cannot be held liable in this regard.
711904
712### 6.2. No Refund
905### Article 8 - Price
713906
714The 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.
907The subscription price is stated on the Site or in the Application and is inclusive of all taxes.
715908
716### 6.3 Termination
909DEEZER has the right to change the price of all subscription offers from time to time. DEEZER will inform each Subscriber by email to the address provided by the Subscriber at the time of subscription to the Deezer HiFi Service (or as subsequently updated on his/her account) of any price increase at least 15 (fifteen) days before it comes into effect. If the Subscriber does not accept this increase, he/she can cancel his/her subscription pursuant to Article 5.4 above; such cancellation will be come into effect on the next monthly subscription due date. If the Subscription is not cancelled, the new price will apply to the Subscriber from the following monthly subscription payment due date.
717910
718#### 6.3.1. Subscription Termination Initiated by a Subscriber
911Any increase in the rate of VAT (Value Added Tax) will be passed on automatically and immediately in the price of the Deezer HiFi Service. The same will apply in the event of any new tax based on the price of the Deezer HiFi Service and applicable to DEEZER. The conditions for cancellation applicable in the event of a change in price of the Deezer HiFi 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.
719912
720If 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.
913Subscribers are reminded that the connection and communication (Internet) costs relating to the use of the Deezer HiFi Service are not borne by DEEZER and are payable solely by the Subscriber.
721914
722If 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.
915### Article 9 - Payment of the price
723916
724#### 6.3.2. Termination initiated by DEEZER
917Various payment methods are offered on the Site (credit cards, prepaid cards, PayPal and/or other payment methods).
725918
726DEEZER 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.
919Depending on the subscription period chosen by the Subscriber, the Subscription price is paid either monthly or annually. The first payment will be made at the time of subscription, and thereafter payments will be made at the beginning of each month or year, by direct debit, until the subscription is cancelled, whether cancellation is initiated by the Subscriber or DEEZER.
727920
728Without 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:
921For optimised transaction security, DEEZER has chosen the payment systems of various companies with which it has entered into agreements. The guarantees given by DEEZER in terms of transaction security are identical to those obtained by DEEZER from these payment service providers.
729922
730- Infringe, misappropriate or violate the intellectual property rights of DEEZER, its licensors or any third party;
731- Bypass or attempt to bypass any technical or security measures on the Site or Application;
732- Use, or attempt to use, multiple simultaneous connections to the same account;
733- Provide false information to DEEZER in connection with your subscription or account registration;
734- 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.
923Unless the Subscriber provides evidence to the contrary, the computerised 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 Subscriber and DEEZER. This information shall be treated as valid proof between the Subscriber and DEEZER unless the Subscriber is able to provide written proof to the contrary.
735924
736### Article 7 - User Content and Other User Restrictions
925### Article 10 - Subscriber liability
737926
738You 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").
927i) Each Subscriber can post messages, information and/or comments on the Site and the desktop Application. The Subscriber is solely liable for any messages, content or information published by him/her on the Site or desktop Application; DEEZER is considered to be an Internet service-hosting provider only and cannot be held liable for the content published by the Users on the Site or desktop Application, over which DEEZER has no control or supervision.
739928
740By 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.
929To avoid being held liable, the Subscriber expressly agrees to ensure that any message published by him/her on the Site or desktop Application complies with the following requirements (this list is not exhaustive):
741930
742You 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.
931\- Does not infringe third party intellectual property rights; the Subscriber therefore agrees not to publish content on the Site or desktop 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;
743932
744You 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.
933\- Contains no computer virus able to interrupt, destroy or affect the Site or desktop Application's features;
745934
746You agree not to:
935\- Does not celebrate crime or criminal behaviour or contain illegal or threatening messages or content of a paedophile, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic or revisionist nature or contrary to public order and good manners;
747936
748- 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.
749- 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
750- 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.
937\- Does not infringe any right to privacy or promote disrespect for human dignity;
751938
752### Article 8 - Privacy Policy
939\- Does not encourage violence, fanaticism, crime, suicide or hatred linked to religion, race, sex, sexual preferences or ethnicity;
753940
754In 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.
941\- Does not harass other Users;
755942
756### Article 9 - Limitation of Liability; Indemnification
943\- Does not promote or encourage any criminal activity or enterprise;
757944
758YOU 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.
945\- Does not request and/or disclose passwords and/or personal information for commercial or illegal purposes;
759946
760You 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.
947\- Does not transmit email chains, mass unsolicited emails, instant messages, advertising messages and spam messages;
761948
762### Article 10 - DEEZER Digital Millennium Copyright Act Policy
949\- Contains no advertising and/or canvassing in order to offer products and/or services to sell through the Site or the Application;
763950
764If 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.
951\- 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.
765952
766The 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.
953ii) The Subscriber 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.
767954
768Pursuant 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.
955iii) If the Subscriber breaches any law 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).
769956
770A Notification should include the following:
957### Article 11 - Disclaimer of warranties
771958
772- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
773- 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.
774- 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.
775- 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.
776- 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.
777- 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.
959The Subscriber declares that he has been informed of the scope and limitations of the Internet network.
778960
779Notifications should be sent to our Copyright Agent at:
961As a result, DEEZER disclaims all liability for any malfunction in access to the Deezer HiFi Service, the speed at which the pages of the Site or Application open and can be read, the listening speed of any tracks, the temporary or permanent inaccessibility of the Deezer HiFi Service, and the fraudulent use by third parties of the information provided on the Site or Application.
780962
781Address: Deezer S.A., 24 rue de Calais 75009 Paris
782Phone number: +33 (0)1 55 80 69 00
963It is therefore the Subscriber'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 Subscriber's equipment.
783964
784Notifications shall be sent to the e-mail address: [dmca@deezer.com](mailto:dmca@deezer.com)
965More broadly, DEEZER disclaims any liability if a breach of any obligation results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, 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 and more broadly any unstoppable and unforeseen event which prevents orders being carried out successfully.
785966
786Notifications will be forwarded to Subscribers whose material or links are the subject of the Notification and to chillingeffects.org.
967DEEZER disclaims all liability should it transpire that the Deezer HiFi Service is incompatible with certain equipment and/or features of the Subscriber's equipment.
787968
788### Article 11 - Disclaimer of Warranties
969Finally, the Subscriber is solely liable for his/her use of the Service and cannot hold DEEZER liable for any claim and/or proceedings against him/her in this regard. The Subscriber 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 Subscriber's use of the Deezer HiFi Service.
789970
790THE 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.
971### Article 12 - Intellectual property
791972
792YOU 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.
973The general structure of the Site, the Application, the Deezer HiFi Service and all elements composing it (such as but not limited to the logos, domain names, tracks or videos, and their associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the tracks or videos, as well as the visuals on the packaging) are the exclusive property of DEEZER and/or its licensors (notably the record and video producers, the record companies, authors' rights societies, etc.).
793974
794The 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.
975These elements are protected by intellectual property law and other laws, and particularly copyright. The Subscriber may only use these elements for the purpose of using the Deezer HiFi Service, in accordance with the Terms.
795976
796DEEZER 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.
977Any representation of all or part of the Site, the Application, the Deezer HiFi Service and/or the elements composing them (as described above), by any means, without the express consent of DEEZER, is therefore forbidden and would be treated as an infringement punishable by law.
797978
798Finally, 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.
979Any hyperlink to the Site 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 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 use of a DEEZER account (such use 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.
799980
800### Article 12 - Data Collection Systems
981The Recordings made available on the Deezer HiFi Service are digital files protected by national and international copyright and related rights. They may only therefore be listened to within a private or family setting. Any use for a non-private purpose will render the Subscriber liable to civil and/or criminal proceedings. Any other use of the Recordings is strictly forbidden and more particularly any download or attempt to download, any transfer or attempt to transfer 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.
801982
802DEEZER and its partners implement data collection systems on Subscribers' computer.
983The Subscriber acknowledges that the Recordings made available to him/her within the Site and Application are protected by protective technical measures set up by DEEZER in order to prevent or limit, depending on the technology offered, the unauthorised use of the Recordings.
803984
804In 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).
985The Subscriber 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.).
805986
806### Article 13 - Intellectual Property
987### Article 13 - Suspension and/or cancellation initiated by DEEZER or the Subscriber
807988
808The 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.
989Without prejudice to any damages that DEEZER may claim, DEEZER has the right to suspend access to the Deezer HiFi Service by a Subscriber and/or cancel his/her subscription to the Deezer HiFi Service without notice or compensation, in the event that the Subscriber:
809990
810Any unauthorized use of the Site, the Application, the HiFi Service or the DEEZER Content without the express consent of DEEZER is strictly forbidden.
991\- Does not comply with the Terms and especially:
811992
812The 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.
993- Fails to give due regard to the intellectual property rights of DEEZER or its licensors;
994- Bypasses or attempts to bypass the protective technical measures put in place by DEEZER;
995- Uses or attempts to use multiple simultaneous connections to the same account;
996- Provides false information at the time of his/her subscription to the Deezer HiFi Service or subsequently.
813997
814Except 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.
998\- Fails to pay the subscription price in full or in part.
815999
816DEEZER 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.
1000\- Carries on activities prejudicial to DEEZER's commercial interests.
8171001
818### Article 14 - Modifications of the Terms of Service
1002The Subscriber will be able to cancel his/her contract or subscription, without notice or compensation in favour of DEEZER, if DEEZER is in breach of its substantive obligations as defined in the Terms, or for legitimate reasons such as, in particular, his/her computer being stolen or on grounds of technical incompatibility of the Deezer HiFi Service with the Subscriber's equipment.
8191003
820DEEZER 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.
1004### Article 14 - Amendments of the Terms
8211005
822### Article 15 - Contact DEEZER
1006DEEZER has the right to amend the Terms at its sole discretion. DEEZER will inform the Subscriber by email to the email address given on the Subscriber's account, of any amendments of the Terms at least 1 (one) month before they come into effect. If the Subscriber does not accept these amendments, he/she will be free to cancel his/her subscription from his/her account on the Site as set forth in Article 5.4 above, such cancellation becoming effective on the next monthly subscription due date. If the Subscriber does not cancel his/her subscription, the amended Terms will come into effect 1 (one) month following receipt of notification of the amendment of the Terms.
8231007
824For 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).
1008### Article 15 - Community and Customer Service
8251009
826### Article 16 - Nullity of a term
1010As part of his/her access to and use of the Deezer HiFi Service, DEEZER provides the Subscriber with a community, accessible through the deezercommunity.com website (the "Community") where the Subscriber will in particular be able to find information regarding the Deezer HiFi Service and interact with other Subscribers.
8271011
828You 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.
1012As part of the Community, the Subscriber will in particular be able to:
8291013
830### Article 17 - Choice of Law
1014\- consult and contribute to a forum through posts, reactions and comments;
8311015
832These 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.
1016\- post images, links and other content;
8331017
834### Article 18 - Arbitration Agreement and Waiver of Class Remedies
1018\- interact with other Subscribers, DEEZER's moderators, and/or Customer Service through comments and/or private messages.
8351019
836The 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.
1020Use 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).
8371021
838**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.**
1022As part of his/her access to and use of the Deezer HiFi Service, DEEZER also provides the Subscriber with a customer support service that can answer any questions the Subscriber might have about his/her account and the Services made available by DEEZER (the "Customer Service").
8391023
840The 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.
1024The Subscriber will be able to request information about (this list is not exhaustive):
8411025
842You 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.
1026\- his/her access to and use of the Services provided by DEEZER;
8431027
844### Article 19 - Assignment
1028\- his/her account and changing his/her account information;
8451029
846DEEZER 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.
1030\- his/her subscriptions and payments.
8471031
848### Article 20 - Entire Agreement
1032The Subscriber can contact DEEZER through the Site by clicking on the "[Contact us](https://deezer.com/support)" section or writing to the following address:
8491033
850These 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.
1034Deezer
103524 rue de Calais 75009 Paris
1036FRANCE
8511037
852### Article 21 - No Waiver
1038Customer Service will make every effort to respond to such requests within a reasonable timeframe, but can make no guarantees or warranties of any kind that such requests will be handled within a timeframe corresponding to the Subscriber's expectations, or that the Subscriber will be fully satisfied with the response.
8531039
854The 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.
1040### Article 16 - Invalidity of any clause
8551041
856The 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.
1042Should any of the clauses of the Terms be declared void or voidable for any reason, the other clauses will still apply without any modification.
8571043
858Except 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.
1044### Article 17 - Jurisdiction - Claims and disputes
8591045
860## Terms of Service for Cricket
1046These Terms are governed by the law of the country where the Subscriber has his/her habitual residence.
8611047
1048Any claim relating to the application of these Terms of Use 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, for prompt processing.
1049
1050For Subscribers residing in a member state of the European Union, should a claim made by a Subscriber not be resolved by Customer Service or remain without response for more than two (2) months following receipt by Customer Service, the Subscriber may choose to submit the dispute to an out-of-court settlement procedure through the European platform for alternative and online dispute resolution at the following link: [https://webgate.ec.europa.eu/odr/](https://webgate.ec.europa.eu/odr/).
1051
1052In the event of a dispute, the parties will try to reach an amicable agreement before any legal proceedings are commenced. 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 Subscriber has his/her habitual residence.
1053
1054## Terms of Use of the Radio by Deezer Service
1055
8621056### Article 1 - General
8631057
864These 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.
1058Welcome to the Terms of Use of the Radio by Deezer Service, a software application for tablets, mobiles, set-top boxes and other consumer electronic devices, offering access to radio stations.
8651059
866DEEZER 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").
1060The Radio by Deezer Service is created, developed and operated by DEEZER S.A. (hereinafter "DEEZER") a French corporation listed in the Trade and Companies Register as number 511 716 573, the registered office of which is located at 24 rue de Calais 75009 Paris - FRANCE.
8671061
868The 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.
1062To access and use the Radio by Deezer Service, the User must (i) be at least 16 years old and (ii) accept without any reserve, at the time of download and installation of the Radio by Deezer Service, the conditions of use including the Privacy Policy included in these Terms of Use (hereinafter the "Terms").
8691063
870**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.**
1064The use of the Application is only authorised for personal and private use, therefore any other use, particularly in public premises and for businesses, is strictly prohibited.
8711065
872The 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.
1066### Article 2 - Description of the Radio by Deezer Service
8731067
874### Article 2 - Description of the Deezer Service
1068The Radio by Deezer Service is a no-login software application offering access to radio stations (hereinafter the "Radio Content") for the purposes of unlimited live radio streaming on portable devices (the "Radio by Deezer Service" or "Service") to each User for his/her personal and private use (hereinafter the "User"). The User has the ability to create a DEEZER account and/or log in to his/her existing DEEZER account via the Radio by Deezer Service (hereinafter the "Registered User") to access certain features only available to Registered Users.
8751069
876The 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.
1070### Article 3 - Access and use of the Radio by Deezer Service
8771071
878The main characteristics of the Deezer Service are the following:
1072The use of the Radio by Deezer Service requires an Internet service for portable devices. Such connections are not provided by DEEZER, therefore the User must first subscribe to a broadband Internet service in order to use the Radio by Deezer Service. The User is solely responsible for checking with his/her mobile provider to determine if the Service is available or if any restrictions or costs are applicable to his/her use of the Service.
8791073
880- 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
881- No advertisements.
1074A mobile Internet connection via third or fourth generation (3G or 4G) mobile technology is highly recommended.
8821075
883As 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.
1076### Article 4 - Availability and modification of the Radio by Deezer Service
8841077
885DEEZER 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.
1078DEEZER has sole discretion from time to time to change, add, or remove features, content and functionality made available through the Radio by Deezer Service without prior notice or compensation.
8861079
887Once your subscription is expired or terminated, you have no right to access or use the Deezer Service.
1080In addition, DEEZER reserves the right, without prior notice or compensation, at any time and at its sole discretion to temporarily discontinue access to the Radio by Deezer Service or any part thereof. DEEZER is also entitled to shut the Service down permanently with no compensation payable. Notice of any permanent shutdown of the Radio by Deezer Service will be given via the Application.
8881081
889The 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.
1082The radio stations available as part of the Radio by Deezer Service are linked to the availability of the Radio Content on their respective platforms and may therefore change. DEEZER cannot guarantee the availability of any given radio stations in the Radio by Deezer Service.
8901083
891The 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.
1084Moreover, DEEZER cannot guarantee that any given track, album, artist or group in the Radio by Deezer Service will be available indefinitely. DEEZER assumes no liability for the withdrawal of any part of the Radio Content made available.
8921085
893The 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.
1086### Article 5 - User liability
8941087
895### Article 3 - Use of the Deezer Service
1088i) The User agrees not to use any automated system such as scripts for the purpose of adding Users to his/her User account.
8961089
897Your use of the Deezer Service requires a high-speed internet connection.
1090ii) The User recognises that if his/her use of the Application is in breach of the Terms and more broadly any third-party rights, laws and regulations in force, DEEZER has the right immediately to suspend or remove him/her from the Radio by Deezer Service and/or block his/her access to the Radio by Deezer Service without notice.
8981091
899For 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.
1092iii) Should the User be in breach of the legislation or infringe any third parties' rights, DEEZER would be within its rights 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).
9001093
901#### 3.1. License
1094### Article 6 - Disclaimer of warranties
9021095
903As 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.
1096The User declares that he/she has been informed of the scope and limitations of the Internet network.
9041097
905#### 3.2 Access
1098As a result, DEEZER disclaims all liability for any malfunction in access to the Radio by Deezer Service, the speed at which the pages of the Application open and can be read, the listening speed of the Radio Content, the temporary or permanent inaccessibility of the Radio by Deezer Service, and the fraudulent use by third parties of the information provided on the Radio by Deezer Service.
9061099
907Prior to the use of the Deezer Service, you must subscribe to the Deezer Service.
1100It is therefore the User's duty to protect his/her equipment against any form of intrusion and/or virus contamination, for which DEEZER may never be held liable. DEEZER may never be held liable for any malfunction of or damage caused to the User's equipment.
9081101
909In order to subscribe to a Deezer Service, you must:
1102More 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 but not limited to Internet failures, computer equipment failures, telecommunication equipment failures, other 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 and more broadly any unstoppable and unforeseen event which prevents orders being carried out successfully.
9101103
911- 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;
912- Provide the information requested on the subscription form;
913- Consent to these Terms of Service;
914- Pay the subscription price for the Deezer Service through one of the payment systems offered;
915- Confirm your subscription.
1104DEEZER disclaims all liability in the event of the Service proving incompatible with certain items of equipment and/or features of the User's equipment.
9161105
917As 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.
1106Finally, the User is solely liable for his/her use of the Service and may not hold DEEZER liable for any claim and/or proceedings against him/her in this regard. The 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 User's use of the Radio by Deezer Service in breach of the present Terms.
9181107
919Once 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.
1108### Article 7 - Intellectual property
9201109
921You 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.
1110The general structure of the Radio by Deezer Service and elements composing it such as but not limited to the logos, domain names, the photos, images, texts are the exclusive property of DEEZER and/or third-party providers (hereinafter the "Third Parties"), in particular, the Radio Content and its associated elements such as but not limited to the logos, domain names, audio and their associated elements such as the photos, images, texts (hereinafter the "Third-Party Content") are the exclusive property of Third Parties. These elements are protected by intellectual property law and other laws, particularly copyright. You may only use these elements for the purpose of using the Radio by Deezer Service in accordance with the Terms.
9221111
923You 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.
1112Any representation of the Radio by Deezer Service and/or the elements composing it (as described above) by any means without the express consent of DEEZER and/or said Third Parties is therefore prohibited and constitutes an infringement punishable by law.
9241113
925You 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.
1114You may not reproduce, modify, distribute, display, publish, transmit, communicate to the public, make available, broadcast, create derivative works from, publicly perform and otherwise use and exploit (hereinafter, collectively "Use") any part, element or content of the Radio by Deezer Service.
9261115
927As 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.
1116The Third-Party Content is owned and controlled by third-party transmitting entities and DEEZER gives access to the Third-Party Content through the Service by using information location tools such as directory, index, references, pointers and/or hypertext links. DEEZER therefore has no control over the Third-Party Content and is not responsible for any part of such content made available by Third Parties.
9281117
929#### 3.3 Price
1118### Article 8 - Suspension and/or cancellation initiated by DEEZER or a User
9301119
931The subscription price of the Deezer Service is indicated on the Application and includes all applicable sales taxes, if any.
1120Without prejudice to any damages that DEEZER may claim, DEEZER has the right to suspend access to the Radio by Deezer Service of a User without notice or compensation, in the event that the User:
9321121
933DEEZER 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.
1122\- Does not comply with the Terms and especially:
9341123
935Any 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.
1124- Infringes DEEZER's or Third Parties' intellectual property rights;
1125- Bypasses or attempts to bypass the protective technical measures put in place by DEEZER.
9361126
937Different payment methods are accepted, including, Visa or MasterCard credit cards and PayPal).
1127\- Carries on activities prejudicial to DEEZER's commercial interests.
9381128
939It is underlined that when a Subscriber communicates to DEEZER his bank details, they are not kept by DEEZER.
1129### Article 9 - Amendments of the Terms
9401130
941The 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.
1131DEEZER has the right to amend the Terms at its sole discretion (hereinafter the "Updated and Applicable Terms"). To use the Radio by Deezer Service the User will be notified of the Updated and Applicable Terms and must accept them in order to continue using the Radio By Deezer Service. The Updated and Applicable Terms will always be made available and accessible to the User within the Radio by Deezer Service.
9421132
943### Article 4 - Availability and modification of the Deezer Service
1133### Article 10 - Customer Service department
9441134
945DEEZER 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.
1135As part of his/her access to and use of the Radio by Deezer Service, DEEZER also provides the Registered User with a customer support service that can answer any questions the Registered User might have about his/her account and the Service provided by DEEZER (the "Customer Service").
9461136
947DEEZER 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.
1137The Registered User will be able to request information about but not limited to:
9481138
949### Article 5 - Terms of Access to the Deezer Service
1139\- his/her access to and use of the Service provided by DEEZER;
9501140
951In order to access the Deezer Service, you must be located in the United States of America and be at least 13 years of age.
1141\- his/her account and changing his/her account information.
9521142
953If you are not at least 13 years of age, you shall not attempt to access the Application and use the Deezer Service.
1143The Registered User can contact DEEZER through the Site by clicking on the "[Contact us](https://deezer.com/support)" link or by writing to the following address:
9541144
955If 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.
1145Deezer
1146Customer Service
114724 rue de Calais 75009 Paris
1148France
9561149
957### Article 6 - Term and termination
1150Customer Service will make every effort to respond to such requests within a reasonable timeframe, but can make no guarantees or warranties of any kind that such requests will be handled within a timeframe compatible with the Registered User's expectations, or that the Registered User will be fully satisfied with the response.
9581151
959#### 6.1 Term and Renewal
1152### Article 11 - Invalidity of any clause
9601153
961If 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.
1154Should any of the clauses of the Terms be declared void or voidable for any reason, the other clauses will still apply without any modification.
9621155
963Instructions on how to cancel your Deezer Service subscription are set forth in Article 6.3 below.
1156### Article 12 - Jurisdiction - Claims and disputes
9641157
965**Trial Periods**
1158These Terms are governed by the law of the country where the User has his/her habitual residence.
9661159
967DEEZER 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.
1160Any 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, for prompt processing.
9681161
969#### 6.2. No Refund
1162For Users residing in a member state of the European Union, should a claim made by a User not be resolved by Customer Service or remain without response for more than two (2) months following receipt by Customer Service, the User may choose to submit the dispute to an out-of-court settlement procedure through the European platform for alternative and online dispute resolution via the following link: [https://webgate.ec.europa.eu/odr/](https://webgate.ec.europa.eu/odr/).
9701163
971The 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.
1164In the event of a dispute, the parties will try to reach an amicable agreement before any legal proceedings are commenced. 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 User has his/her habitual residence.
9721165
973#### 6.3 Termination
1166## Terms of use of Deezer for Developers
9741167
975##### 6.3.1. Subscription Termination Initiated by a Subscriber
1168The web site http://www.deezer.com (hereinafter the "Site") is an interactive and social musical website, edited by Deezer.
9761169
977If 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.
1170Deezer SA is a French corporation with a share capital of 282,994.59 euros, registered under number 511 716 573, with its principal offices located at 24 rue de Calais 75009 Paris, FRANCE.
9781171
979##### 6.3.2. Termination initiated by DEEZER
1172Deezer is hereinafter referred to as "DEEZER" for these terms (hereinafter the "Terms").
9801173
981DEEZER 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.
1174### I. SERVICES DESCRIPTION
9821175
983Without 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:
1176The Site offers the possibility for any developer (hereinafter the "Developer") to access free of charge the DEEZER application programming interface (hereinafter the "DEEZER API") and the DEEZER plugins, widgets and exportable player (hereinafter the "DEEZER Plugins") in order to customize his personal site and/or develop personal web pages, blog (hereinafter the "Webpages") and personal applications (hereinafter "Personal Applications") providing access to all textual, visual, audio and any other content that may be provided by DEEZER from time to time (altogether hereinafter the "Content").
9841177
985- Infringe, misappropriate or violate the intellectual property rights of DEEZER, its licensors or any third party;
986- Bypass or attempt to bypass any technical or security measures on the Application;
987- Use, or attempt to use, multiple simultaneous connections to the same account;
988- Provide false information to DEEZER in connection with your subscription or account registration;
989- 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.
1178Access both to the DEEZER API and to DEEZER Plugins (altogether hereinafter the "Services") is strictly subordinate to the acceptance without any reserve and the respect of the present Terms by every developer.
9901179
991### Article 7 - User Content and Other User Restrictions
1180The Developer, by accepting this Terms, enters into a legally binding agreement with DEEZER to abide by the same.
9921181
993You 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").
1182DEEZER has the right to amend these Terms for any reason at any time without any prior notice or liability to the Developer. The latest updated version available at [www.deezer.com/developers/](http://www.deezer.com/developers/) will be binding upon the Developer immediately upon posting.
9941183
995By 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.
1184### II. ACCESS TO THE SERVICES
9961185
997You 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.
1186Access to the DEEZER API
9981187
999You 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.
1188a) Upon the acceptance of these Terms, the Developer shall be granted a free access to the DEEZER API in order to develop Webpages and/or Personal Applications.
10001189
1001You agree not to:
1190Access to the DEEZER API shall be provided to the Developer on the Site following the process indicated at the following URL: [http://www.deezer.com/developers/simpleapi.](http://www.deezer.com/developers/simpleapi)
10021191
1003- use any automatic system, such as scripts, to add members to your profile or to send comments or messages on the Deezer Service.
1004- 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
1005- 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.
1192It is specified that, regarding the access to the DEEZER API, are full part of this Terms the Trademark Guidelines provided by DEEZER at: [http://www.deezer.com/developers/simpleapi](http://www.deezer.com/developers/simpleapi) regarding the use of DEEZER's logos.
10061193
1007### Article 8 - Privacy Policy
1194Furthermore, beyond the mandatory Trademark Guidelines, DEEZER provides Developer, at the same address, with a non-mandatory document, the Graphical Toolkit, which explains how to reproduce DEEZER's visual identity and look and feel.
10081195
1009In 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.
1196The DEEZER API shall provide access to the following contents: Album, Artist, Comment, Editorial, Playlist, Radio, Search, Track, User, and any other contents displayed by DEEZER from time to time.
10101197
1011### Article 9 - Limitation of Liability; Indemnification
1198The Developer recognizes that it shall be granted no right upon the DEEZER API, the Personal Application that it shall develop and the Content of the Services.
10121199
1013YOU 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.
1200b) Developer agrees that DEEZER may set up technical measures which permit to oversee Developer's use of the DEEZER API and compliance with the Terms.
10141201
1015You 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.
1202c) Developer agrees that DEEZER has the right at any time for any reason and at its own discretion to modify, restrict or remove Developer access to the DEEZER API and to the Site, without any prior notice or liability to the Developer.
10161203
1017### Article 10 - DEEZER Digital Millennium Copyright Act Policy
1204Use of the DEEZER Plugins
1205Upon the acceptance of these Terms, the Developer shall be granted a free and unlimited access to the DEEZER Plugins in order to integrate them into Webpages and/or Personal Applications.
10181206
1019If 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.
1207Access to the DEEZER API shall be provided to the Developer on the Site following the process indicated at the following URL: [http://www.deezer.com/developers/musicplugins](http://www.deezer.com/developers/musicplugins)
10201208
1021Pursuant 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.
1209The Developer recognizes that it shall be granted no right upon the DEEZER Plugins and the Content provided by DEEZER, which remains at any time exclusive property of DEEZER or its right holders.
10221210
1023A Notification should include the following:
1211Developer agrees that DEEZER has the right at any time for any reason and at its own discretion to modify, restrict or remove Developer access to the DEEZER Plugins and to the Site, without any prior notice or liability to the Developer.
10241212
1025- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
1026- 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.
1027- 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.
1028- 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.
1029- 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.
1030- 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.
1213### III. DEVELOPER WARRANTY
10311214
1032Notifications should be sent to our Copyright Agent at:
1215Developer warrants and represents to DEEZER that he:
10331216
1034Name of the Copyright Agent: Daniel Marhely
1035Address: Deezer SAS, 12 rue d'Athènes, 75009 Paris, France
1036Phone number: +33 (0)1 55 80 69 00
12171) Provides true and complete information to DEEZER when creating a Developer account on the Site.
10371218
1038Notifications shall be sent to the e-mail address: dmca@deezer.com
12192) Possesses all rights, licenses or any other authorizations or permissions necessary to develop his Webpage and/or Personal Applications.
10391220
1040Notifications will be forwarded to Subscribers whose material or links are the subject of the Notification and to chillingeffects.org.
12213) Will not modify, edit, disassemble, decompile or reverse-engineer the DEEZER API or any part of the Services.
10411222
1042### Article 11 - Disclaimer of Warranties
12234) Will comply with all local and international laws and regulations, including, all applicable intellectual property and data protection laws, especially by implementing standards of privacy and confidentiality when using any part of the DEEZER Services.
10431224
1044THE 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.
12255) Will ensure that his Webpage and/or Personal Applications in which the Services are used abide by public order and good manners (i.e. is not defamatory, obscene, injurious, ateful, discriminatory or sexual explicit), and more broadly do not infringe effective laws and regulations.
10451226
1046YOU 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.
12276) Will not use the Services in any way or on any website that is associated or promotes in whatever manner the illegal or unauthorized use, streaming, download, or sharing of music and associated elements content, including but not limited to the Content provided by DEEZER.
10471228
1048The 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.
12297) Will indemnify, and keep DEEZER, its affiliates, licensees, assigns, successors, customers, users, all third-party advertisers, right-holders, technology providers and service providers, and each of their respective employees, directors and representatives, fully and effectively indemnified from and against any and all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all reasonable professional costs and expenses), suffered or incurred by one of the persons listed above arising out of or in connection with any claims, actions or proceedings which arise out of or are related to: (i) the Developer's access, retrieval and use of the Services; (ii) any breach by Developer of the warranties contained in this Section III; and (iii) violation by Developer of any provision of the Terms.
10491230
1050DEEZER 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.
1231### IV. NON-COMMERCIAL USE
10511232
1052Finally, 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.
1233The Developer agrees that the use of the Services is strictly limited for a non-commercial purpose and in a non-commercial environment.
10531234
1054### Article 12 - Cookies
1235It means that the Developer shall not perceive, receive, generate, benefit or create directly or indirectly, any moneys, incomes, revenues, data or any other consideration in connection with the use of neither the Services themselves, nor any and all Content accessed through the Services.
10551236
1056DEEZER and its partners implement cookies on Subscribers' computer.
1237Furthermore, It means both the Services and the Content accessed through the Services, shall not be associated, directly or indirectly with any trademark, brand name, or logo.
10571238
1058In 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).
1239The Developer acknowledges that only users registered with a Deezer Premium account on the Site can access and listen to the full length recordings through the Webpages and/or Personal Applications developed by the Developer, which are otherwise accessible only up to 30 seconds
10591240
1060### Article 13 - Intellectual Property
1241The Developer undertakes to inform by any means any person accessing the Content through the Webpages and/or Personal Applications of its conditions of use and notably that the streaming of the recordings is limited to a strictly private use within a family scope.
10611242
1062The 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.
1243The use of the Content is limited to a strictly private use within a family scope.
10631244
1064Any 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.
1245### V. DIGITAL RIGHTS MANAGEMENT
10651246
1066DEEZER 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.
1247The Developer recognizes that the Content are protected by Digital Rights Managements (DRM), set up by DEEZER, in order to prevent or limit, depending on the technology offered, the unauthorized use of the Content.
10671248
1068### Article 14 - Modifications of the Terms of Service
1249The Developer undertakes not to bypass, by any means, these measures, for the purpose of downloading the Content, or more broadly using the Content in violation of the present Terms.
10691250
1070DEEZER 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.
1251The Developer is informed that DEEZER will remove the access to the Services, and to the Site to any Developer in case of any bypass by the Developer or any third party of the DRM or any other unauthorized use of the Content in the Services.
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1072### Article 15 - Contact DEEZER
1253Subject to the prior request of any judicial and/or administrative authority, DEEZER has the right to communicate the identity of the offender to any owner and/or right holder on the Content.
10731254
1074For any information or question regarding the Deezer Service, you can contact DEEZER by submitting a request at http://support.deezer.com.
1255### VI. DISCLAIMER AND LIMITATION OF LIABILITY
10751256
1076### Article 16 - Nullity of a term
1257The Site and the Services are made available to Developer on an "as is" basis and DEEZER cannot be held liable neither for the unavailability, whether temporary or permanent, of the Services or the Site, nor for any defect or error in the Services.
10771258
1078You 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.
1259DEEZER has the right to modify at any time without any notice the DEEZER Services and/or the Site notably by making available new functionalities or Content or by modifying and/or deleting functionalities or Content that were offered to the Developers on the DEEZER Services and/or on the Site.
10791260
1080### Article 17 - Choice of Law
1261DEEZER cannot be held liable for the fraudulent exploitation which could occur without its knowledge or in violation of the Terms and notably any illegal use, streaming, or downloading of the Content.
10811262
1082These 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.
1263DEEZER cannot be held liable for independent technical problems of its Services such as maintenance or network issues due to the internet service provider and which could lead to a temporary intermission of the network.
10831264
1084### Article 18 - Arbitration Agreement and Waiver of Class Remedies
1265DEEZER cannot be held liable neither for the dysfunction of internet links on the Site transferring to external website whose integration has been made by the Developer, nor for all their content and notably the products, services and/or any other available materials on and from these external websites.
10851266
1086The 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.
1267### VII. INTELLECTUAL PROPERTY
10871268
1088**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.**
1269The general structure of the Site, the DEEZER Services, and any other elements composing them (such as but not limited to the graphics, texts, visuals, photos, logos, domain names, elements associated with the Content comprising the photos, images, texts and biography of the author, artist and/or any right holders, on the Content along with the visuals packaging of the Content) are exclusively owned by DEEZER or right holders.
10891270
1090The 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.
1271Any reproduction and representation, in total or partially, of the Site and/or elements composing it by any means without the express authorization of DEEZER or right holders are strictly forbidden and would amount to an act of counterfeiting punished by law.
10911272
1092You 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.
1273DEEZER is the worldwide owner of the verbal and semi-figurative trademarks "DEEZER" (whether registered or unregistered) and retains all right, title and interest in and to them. The Developer will not copy or use these trademarks in any way not authorized by DEEZER in these Terms, will abide by the Trademark Guidelines set out by DEEZER in connection with his use of these trademarks, and shall not challenge the validity of these trademarks or attempt to register similar or trademarks, service marks or logos.
10931274
1094### Article 19 - Assignment
1275### VIII. ASSIGNMENT
10951276
1096DEEZER 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.
1277Developer may not assign or otherwise transfer, its rights or delegate its duties or obligations under these Terms. Any attempt to assign, or otherwise transfer, any rights contained in these Terms is void and will inevitably lead DEEZER to remove Developer access both to the Services and to the Site.
10971278
1098### Article 20 - Entire Agreement
1279### IX. MISCELLANEOUS
10991280
1100These 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.
1281The Developer agrees that the use of the Services for any other purposes than those mentioned herein, shall be beforehand reviewed and approved by DEEZER, at DEEZER's own discretion.
11011282
1102### Article 21 - No Waiver
1283The Developer agrees that nothing in these Terms shall prevent DEEZER to create, develop and commercialize services or products similar to the Developer's Personal Applications and/or Webpages.
11031284
1104The 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.
1285Furthermore, DEEZER may at any time and at its own discretion, quote, refer to, promote or communicate on the Developer's Personal Applications and/or Webpages, if necessary with a description of the relationship between DEEZER and the Developer.
11051286
1106The 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.
1287### X. SURVIVAL
11071288
1108Except 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.
1289Sections III, VI, VII, IX, X and XI will remain in effect after the Developer ceases to access or use the Services.
1290
1291### XI. APPLICABLE LAW
1292
1293The present Terms are submitted to French law.
1294
1295In case of litigation, the parties will try to reach an agreement before any judicial proceeding. If no agreement can be reached, any claim regarding the validity, the interpretation and/or the execution of the Terms will have to be brought before a French court and thus even if there are multiple defenders or in case of guarantee enforcement.