I. DESCRIPTION OF THE SITE'S SERVICES

1. Online music listening service

The Site offers unlimited, free listening of Recordings - without the opportunity to download.

It is possible to listen:

• - on a track by track basis,
• - via "thematic" webradios; webradios consist of thematic programmes, predefined by DEEZER and comprised of Recordings broadcast as a "continuous stream",
• - via the smartradio, which consists of a Webradio that the Member can launch notably from a Recording that he/she chooses; SmartRadio also makes it possible to stop listening to a track and skip to the next programmed track.

2. Optional services available to Members

• - Creation of playlists

  The "Playlists" function enables the creation, exclusively based on the Recordings, of personalised playlists for the purposes of:

  • - unlimited, on demand listening, without the opportunity to download;
  • - publication on the Site via the Member's personal profile, for the purposes of unlimited, on demand listening, without the opportunity to download, by the other Members of the Site;
  • - publication on the Web site or personal Web page of the Member, via an embedded player, for the purposes of unlimited, on demand listening, without the opportunity to download.
• - MP3 storage service

  i) The "My MP3s" function offers Member an unlimited online storage space foe the hosting of his/her personal music files (henceforth referred to as the "Member Files").

  To use this service, the Member must priorly download and install on his/her computer a software named "Deezer Desktop". This software enables the selection and storage of the Member Files on the My MP3s service.

  Once they are stored on the service, the Member Files are available from the Site to the Member exclusively, for unlimited, on demand listening. Access to the Member Files of the My MP3s' storage space is strictly reserved to the Member.

  On-demand listening of the Member Files via the storage space is strictly limited to private home use.

  ii) The Member pledges that the Member Files, as well as their storage and use via the "My MP3s" function, in no way infringe upon the intellectual property rights of third parties (authors, composers, publishers, producers, performing artists, etc.).

  iii) The Member recognises that DEEZER reserves the right to make use of computer "monitoring" tools in order to measure the frequency of connections to the storage space and to obtain information (particularly track titles, composers' and performers' names) on the music files stored by the Member.

• - Use of the Embedded Player

  i) The "Embedded Player" function consists of a music file player which Member can "export" on his Web site (blog, personal Web page of the Member on so-called social networking Web sites), for the purposes of listening the Member's playlists (to the exclusion of the Member Files) or one of the Site's webradio.

  The listening of music via the Embedded Player is possible as a "continuous stream", but not on a track by track basis.

  ii) The Member undertakes to use the Embedded Player only on private and non commercial pages that he/she exclusively publishes. The Member also agrees not to use the Embedded Player for any commercial purposes whatsoever.

  Le Membre s'interdit par ailleurs toute exploitation commerciale du Lecteur déporté.

  iii) The Member pledges that his/her personal pages shall not contain any elements likely to harm public order or outrage public decency and, more generally, breach the applicable legislative and regulatory provisions.

  iv) The Member agrees to inform persons wishing to use the Embedded Player from his/her personal pages of its terms of use by any available means and, in particular, that listening to the Recordings played on the Embedded Player remains restricted to strictly private home use.

  v) The Member undertakes to immediately inform DEEZER of any fraudulent use of the Embedded Player of which he/she becomes aware.

• - Creation of a personal profile and access to the Members' Community

  i) The "My profile" function enables the creation of a personal profile in order to communicate with Site Members and, if the member so wishes, to create networks of friends and/or limited groups of Members by building up a list of contacts chosen by the Member.

  The Members hereby declares that he/she recognises that his/her personal profile may be accessed by all Site Members and mentions:

  • - personal data (such as Membername; age; photograph; country of origin) on a compulsory basis;
  • - information on his/her musical preferences on an optional basis.

  ii) The "My Community" space offers the Member the opportunity to:

  • - publish his/her playlists via his/her personal profile for the purposes of unlimited, on demand listening by Members;
  • - insert links to third-party Internet sites on his/her personal profile;
  • - chat with other Members via an internal messaging service;
  • - publish comments assessing the musical content of the Site and, in particular, give his/her opinion on an artist via the detailed artist pages;
  • - receive (subject to the Member's prior and specific acceptance by ticking the relevant box on his/her personal profile) newsletters providing a summary of the Site's music news and/or offers from DEEZER's partners.

II MEMBERS'S OBLIGATIONS AND LIABILITY

i) The Member hereby declares that he/she is solely liable for the content of the messages, content and informations that he/she publishes on the Site, since in its capacity as hoster of the service in question, as defined in the provisions of law no. 2004-575 dated the 21st June 2004 on confidence in the digital economy, DEEZER cannot be held liable for such content published by Members on the Site and over which DEEZER exercises no power of control nor supervision.

The Member specifically pledges, on pain of being held criminally or legally liable, that the messages that he/she sends shall not be likely, without this list being exhaustive, in particular:

• - to constitute an infringement of the intellectual property rights of third parties, since the Member undertakes not to reproduce nor communicate to the online public any elements protected by copyright, registered as a trademark or, more generally, protected by any other intellectual property right held by third parties without the prior consent of the holder of such property rights.
• - to contain computer viruses liable to interrupt, destroy or alter the Site's functions;
• - to praise crimes or contain messages that are illegal or threatening or of a paedophilic, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic and/or revisionist nature or contrary to public order or public decency;
• - to infringe upon the privacy or respect of the dignity of third parties;
• - to incite violence, fanaticism, crime, suicide, hatred on grounds of religion, race, sex, sexual orientation and/or ethnicity;
• - to harass other Members with whom the Member came into contact in the course of discussions in the different communication spaces on the site;
• - to promote or encourage any criminal activity or enterprise;
• - to seek to obtain and/or disclose passwords and/or personal information for commercial or illegal purposes;
• - to send chain e-mails, unsolicited mass mailings, instant messages, unwanted advertising or unsolicited letters;
• - to contain advertisements and/or canvassing in order to offer products and/or services for sale via the Site.
• - to contain addresses or hypertext links to external sites whose content breaches the applicable laws and regulations, that infringe upon the rights of third parties or are contrary to these T&Cs.

ii) The Member undertakes not to make automatic use of computer systems such as scripts in order to add Members as friends to his/her personal profile and/or send comments or messages.

iii) The Member hereby declares that he/she is solely liable for the keeping and confidentiality of his/her password and undertakes not to disclose, at any time, his/her password to any other member nor use the account, Member name and password of another Member.

The Member vouches for the accuracy of the information supplied to DEEZER for the purposes of his/her registration and undertakes to inform it of any subsequent modifications.

iv) The Member recognises that DEEZER reserves the right, should his/her use of the Site breach these T&Cs and, more generally, the applicable laws and regulatory provisions, to immediately and without prior notice cancel his/her registration to the Site's services and/or block his/her access to the Site.

v) DEEZER reserves the right, should a Member be guilty of breaching the applicable legislation or infringing upon the rights of third parties, to provide, at the request of any legitimate authority (jurisdiction, administrative authority, police departments), any information enabling or simplifying the identification of the offending Member.

III. PROCESSING OF PERSONAL DATA

i) The personal data collected on each Member is for use by DEEZER.

This data is processed and used by DEEZER insofar as is necessary to ensure the correct working of the Site's services and is retained by DEEZER as proof of contract: DEEZER may never disclose the aforementioned data collected in application of these T&Cs to third parties without the Member's prior consent.

ii) Parental permission is required to collect this data from any Member wishing to register with the Site who has not yet reached the age of majority.

The holder(s) of parent authority consequently accept(s) to vouch for compliance with all the provisions of these T&Cs.

iii) In accordance with the provisions of the law on Information Technology and Civil Liberties no. 78-17 dated the 6th January 1978, a declaration on the processing of the information collected by DEEZER was submitted to the French National Information Technology and Civil Liberties Commission (CNIL) (No. 1227247).

The Member has the right to access and correct his/her personal data, which can be exercised at any time via his/her personal profile.

iv) In order to prevent this data being misrepresented, damaged or accessed by unauthorised third parties, DEEZER undertakes to do its utmost in order to safeguard the security of the personal information collected from Members.

v) The Member hereby recognises that by accepting these general terms, he/she authorises DEEZER to install cookies on the hard drive of his/her computer in order to identity each of his/her connections and provide each Member with functions best-adapted to his/her needs.

DEEZER leaves the Member the option of refusing the installation of cookies: to do so, each Member has the opportunity to modify the set-up of his/her computer, though this modification is liable to alter the functions on the Site.

To learn more about cookies, please click here.

IV. TECHNICAL MEASURES TO PROTECT THE RECORDINGS

i) The Member hereby declares that he/she recognises that the Recordings placed at his/her disposal on the Site are protected by technical protection measures implemented by DEEZER in order to prevent or limit, insofar as possible given the available technology, any use of the Recordings not authorized by these T&Cs.

ii) The Member undertakes to not by-pass, in any manner, the said technical measures, for the purposes to download the Recordings which are available on the Site for listening only, and more generally for the purposes of any unauthorized use of such Recordings by these T&Cs.

The Member hereby declares that he/she recognises that deliberately bypassing a technical protection measure makes him/her liable, in application of the provisions of article L. 335-4-1 of the French Intellectual Property Code, to pay a fine of 3,750 euros and that deliberately procuring or offering to others, directly or indirectly, means designed or specially adapted to bypass a technical protection measure is in turn punishable by six months' imprisonment and a fine of 30,000 euros.

iii) DEEZER informs the Member that it reserves the right to definitively and fully block any Member from accessing the Site if he/she tries on more than 3 occasions to bypass the technical protection measures implemented by DEEZER in order to prevent the download of Recordings. An alert message may be displayed on the Member's screen if he/she has attempted to bypass the technical measures in this manner.

Subject to the prior involvement of any competent legal and/or administrative authority, DEEZER reserves the right to disclose the identity of the offending Member to any holders and/or beneficiaries of the digital use rights of the Recordings placed at the Member's disposal on or via the Site.

V. DEEZER'S OBLIGATIONS AND LIMITATION OF WARRANTY

i) The company vouches for the fact that it holds the authorisations required to use the Recordings under the conditions of these T&Cs and, in particular, the right to broadcast the Recordings to the public by means of the Embedded Player via the Members' personal Web pages in order to enable Internet users to listen to them, where and when they choose, without the opportunity to download.

ii) It is specifically agreed that DEEZER cannot be held liable for the content stored by the Member in "My MP3s" over which DEEZER exercises no right of control nor supervision, except in the case that, having become aware of the illegality of this content, the company failed to act promptly in order to remove this content and/or render it inaccessible.

iv) It is specifically agreed that DEEZER cannot be held liable for any reason whatsoever as a result of the content published and broadcast on the Site by the Members.

v) It is specifically agreed that DEEZER cannot be held liable for any fraudulent use of the Recordings of which they are unaware or which breaches these T&Cs and, in particular, any illegal downloading of the Recordings.

vi) DEEZER reserves the right to insert or authorise any third party to insert advertising or promotional banners on all the pages of the Site or in the Embedded Player without it being possible to hold it liable for the content of these advertisements.

VI. ALERT PROCEDURE AND REPORTING OF ABUSE

i) The Member is called upon to report to DEEZER, following the alert procedure described below, any fraudulent use of the Site of which he/she becomes aware and, in particular, any messages whose content breaches the restrictions detailed above or, more generally, the applicable laws and regulatory provisions.

ii) Any person who considers that there is a violation on the Site of a right that they hold must send DEEZER (in accordance with article 6-1-5 of the law dated the 21st June 2004 no. 2004-575) by letter with acknowledgement of receipt all the following information:

• - the identity of the party serving notice: for a physical person: surname, first name, date of birth, nationality, address and profession. For an artificial person: its form, company name, registered head-office address and the body that legally represents it;
• - the description of the litigious facts and their precise location on the Site;
• - the reasons for which the content should be removed, including reference to the relevant legal provisions.

The Member is hereby informed that DEEZER has the right to remove or render inaccessible, in accordance with its obligations as hoster as defined in the provisions of the law on confidence in the digital economy, any information or content, as soon as it becomes aware of its clear illegality.

VII. INTELLECTUAL PROPERTY

The overall structure of the site http://www.deezer.com and all its other elements (particularly including logos, domain name, elements relating to the Recordings including photographs, images, texts and biographies of the authors, performers and/or any other beneficiaries of the Recordings as well as the Recordings' packaging visuals) are the exclusive property of DEEZER or otherwise it was granted prior approval to use them.

Any total or partial representation of the Site and/or its elements by any means whatsoever, without DEEZER's specific authorisation is consequently forbidden and constitutes infringement of copyright, punishable under articles L. 335-2 et seq. of the French Intellectual Property Code.

VIII. MODIFICATION OF THE SITE

DEEZER reserves the right to develop its services, in particular by introducing new functions or by modifying and/or removing functions which are currently offered to Member's via the Site.

IX. TERMINATION OF A PERSONNAL ACCOUNT BY MEMBER

i)The Member may at any time cancel his/her registration with the Site by visiting the My Profile page. Any cancellations of Site registrations shall take immediate effect.

Any cancellations of registrations shall result in the deactivation of the Member's storage space and the deletion of the Member Files hosted by DEEZER, which the Member is solely responsible for saving.

ii) Should one of the Site's services be suspended, DEEZER shall inform the Member of this via an information screen visible on connecting to the service in question.

X. APPLICABLE LAW

These T&Cs are subject to French law.