Terms of Use
Find our Terms of Use applicable prior to 26/07/2016 here: click here.
Find our Terms of Use of Deezer Elite Service applicable prior to 01/09/2017 here: click here.
Terms of Use for Deezer Free Streaming Service
Article 1 – General
The DEEZER website, which is located at http://www.deezer.com (hereinafter the “Site”), is 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, and whose registered office is located 12 rue d'Athènes 75009 Paris, FRANCE.
The Site also offers its visitors and members the opportunity to discover and access tracks through various types of services (such as smart-radio) and features (such as the sharing of tracks on social media, comments, etc.).
The Site offers all registered users a free-of-charge streaming service for sound recordings (hereinafter the “Recordings”), and other optional services described below. Prior to any use of the Site, the user must register and create a personal account and at the time of registration, accept the conditions of use herein (hereinafter the “Terms”) without reservation. The use of the Site is only authorised for a personal and private use, therefore any other use, particularly in public premises and for businesses, is strictly forbidden.
Article 2 – Presentation of our Free Streaming Service
The Site offers a free advertising-funded on-demand service for streaming 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 “Free Streaming Service”) to each registered user (hereinafter the “Free User”).
Streaming is possible track by track, or by creating playlists, or via radios.
The “My profile” feature enables the creation of a personal profile (hereinafter the “Profile”).
The Free User acknowledges that his account is accessible to all Site-users and that some personal data provided by the User when setting up his user account may appear on it (such as but not limited to the Free User’s age, gender, visual profile, country of origin).
The Free User recognizes that he has the option of choosing to share other personal data and/or musical information, such as what he’s listening to or his favourite albums, which may also appear on member's social network pages.
Article 3 – Access to and use of the Free Streaming Service
The use of the Free Streaming 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 Free User must first subscribe to a high speed Internet and/or a mobile Internet offer in order to use the Free Streaming Service.
A mobile Internet connection via third generation (3G) mobile technology standard is highly recommended.
The music catalogue available as part of the Free Streaming Service, is linked to current contracts 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 on the Free Streaming Service catalogue.
Moreover, DEEZER cannot guarantee that any given track, album, artist or group on the Service catalogue will be available indefinitely. DEEZER incurs no liability for the withdrawal of any part of the catalogue content made available.
As a Free User, you can activate the Free Streaming Service on a personal computer (PC or MAC) and a compatible portable device. The Free Streaming 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.
Article 4 – Availability and modification of the Free Streaming Service
The Free Streaming Service can be accessed up to 24 hours a day and seven days a week, within the limit of the Terms and the terms of article 11 hereunder.
However, DEEZER has the right to make any changes or improvements to the Free Streaming Service as it deems necessary to take account of technical developments.
In addition, DEEZER has the right, to temporarily remove access to the Free Streaming Service, without prior notice or compensation, where necessary to carry out maintenance due to technological developments or ensure continuity of Free Streaming Service. DEEZER is also entitled to shut the Service down permanently with no compensation payable. Any permanent shutdown of the Free Streaming Service will be notified via the Site or via the App.
Article 5 – Terms of access to the Free Streaming Service
The Free User declares he has the capacity to agree to these Terms; this means he is of the legal age required and not under any legal protection measure (such as legal guardianship) or if the Free User is under the legal age, has parental authorisation giving him permission to register.
Article 6 – Free User’s liability
i) The Free User is solely liable for any messages, content or information published by him on the Site; DEEZER is considered as an Internet service hosting provider only and cannot be held liable for the content published by the members on the Site over which DEEZER has no control or supervision.
So as to avoid being held liable, the Free User expressly agrees to ensure that any message published by him on the Site complies with (but is not limited to) the following requirements:
- Does not infringe any third party intellectual property rights; therefore the member agrees not to publish content on the Site 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 the said rights,
- Contains no computer virus able to interrupt, destroy or affect the Site’s features;
- 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, revisionist nature or contrary to public order and good manners;
- Does not infringe the right to private life or promote disrespect for human dignity;
- Does not encourage violence, fanaticism, crime, suicide, hate linked to religion, race, sex, sexual preferences, ethnicity;
- Does not harass other members;
- Does not promote or encourage any criminal activity or enterprise;
- Does not request and/or disclose passwords and/or personal information for commercial or illegal purposes;
- Does not transmit email chains, mass unsolicited emails, instant messages, advertising messages and spam messages;
- Contains no advertising and/or canvassing in order to offer products and/or services to sell through the Site;
- Contains no addresses or Internet links transferring to external website whose content violates any law and regulation in effect, infringes third party rights or is in breach of the Terms.
ii) The Free User agrees not to use any automated system such as scripts for the purpose of adding Members to his Profile and/or sending comments or messages.
iii) The Free User is solely responsible for keeping his password safe and confidential; he further undertakes not to disclose his password at any time to any other member or use the account, name or password of any other member.
The Free User certifies the accuracy of the information given to DEEZER for his registration and agrees to notify any modification.
iv) The Free User recognizes that in case his use of the Site is in breach of the Terms and more broadly any third-party rights, laws and regulations in effect, DEEZER has the right to immediately remove his account without notice and/or block his access to the Site and Site services.
v) Should the Free 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).
Article 7 – Privacy Policy
7.1 Subject
This section reflects DEEZER’s commitment to protecting your privacy and the personal data collected and processed about you when you use the Site and DEEZER’s services, in accordance with the conditions set out in the Conditions of Use (the “Data”).
DEEZER undertakes to comply with the applicable legislation regarding the protection of privacy in relation to the processing of personal data. These processing operations have been declared to the French National Data Protection Organisation (CNIL).
7.2 Data collected
The Data collected and further processed are those that you voluntarily provided in the registration form on the Site (the “Registration Form”) or on the “My Information” page of your account, and as a minimum, involves your username, your age, your gender and a valid e-mail address.
When you use the Site and the services of DEEZER, some Data are collected automatically: in particular technical data (such as the IP address of your computer or mobile device) and information relating to how you use the web-pages on the Site, the advertisements displayed on the Site and features of the services of DEEZER, to the exclusion of any other data.
7.3 Purpose of the Data processing
The Data you have provided and which are identified as mandatory fields on the Registration Form, are required so that you can benefit from the Site and services of DEEZER’s features (in particular for accessing the Site and the services of DEEZER).
The Data you have provided (whether mandatory or not) or the Data automatically collected by the Site are processed in order to (i) personalise and improve your use of the Site and the services of DEEZER, (ii) ensure the provision of the services of DEEZER by its partners, as the case may be, (iii) personalise advertisements that are offered by DEEZER or its partners on the Site or on its partners’ websites, (iv) analyse and create statistics regarding your use of the Site, the services of DEEZER and of the advertisements displayed on the Site and (v) only in the event that you have expressly agreed to link your DEEZER account with your user account on a social network when you registered on the Site or by setting your DEEZER account for such purposes in the section “Alerts & sharing” (to access this section, please click here), share content from the Site on these social networks or publicise your use of the Site or your opinion on the Site’s content on the websites of these social networks.
If you have consented to it, the Data collected may also be used for the management of commercial relationships in order to enable DEEZER to personalise and improve its services and the information sent to you.
The Data will also enable DEEZER to send newsletters to the e-mail address you have provided in the Registration Form (or as modified by you in your account) or push notifications to your mobile devices. If you do not wish to receive newsletters or push notifications, you can cancel your subscription at any time by clicking the link at the bottom of each newsletter or by modifying your Data in the section “Alerts & sharing” of your Account (to access this section, please click here)
The Data are also kept for security reasons, in order to comply with DEEZER’s legal and regulatory obligations.
7.4 Data recipients
Your data will not be shared with third parties without your express consent.
However, you are hereby informed that they may be disclosed pursuant to a law, a regulation, or a decision by a regulatory or competent legal authority or, if deemed necessary, for the purpose of preserving the rights and interests of DEEZER.
If you have agreed to it, you may receive offers from DEEZER’s partners, sent to the e-mail address you have provided in the Registration Form (or as modified by you in your account).
For the management of your subscription, your Data may be shared with companiesin charge of managing, processing and execution of the payment procedure.
In order to manage your newsletters or push notifications, your Data may be shared with the company Appboy in charge of managing, processing and despatching DEEZER’s newsletters or push notifications.
DEEZER may share Data as part of your use of third party applications made available on the “Applications” page of the Site (the “Apps”). DEEZER undertakes to share the Data only when you have expressly agreed to this sharing when using each App. You acknowledge and agree that the privacy policy of our partners applies to the use made by them of the Data we shared with your consent or that they collect directly from you.
In the context of processing your Data for the purposes of personalising advertisements that are offered to you by DEEZER or its partners, your Data may be shared with such partners or service providers who handle the analysis and processing of your Data on behalf of DEEZER or its partners.
If you have subscribed to the services of DEEZER through a partner of DEEZER, DEEZER may share your Data with such partner in order to (i) ensure DEEZER services are provided by such partner, (ii) enable such partner to generate and analyse statistics regarding your use of the services of DEEZER and (iii) personalise advertisements that are offered to you by such partner.
DEEZER may also share your Data with Facebook, Twitter, Google + and Last.fm, provided you have expressly agreed to link your DEEZER account with your user account on these social networks when you registered on the Site or by setting your DEEZER account for such purposes in the section “Alerts & sharing” (to access this section, please click here) in order to (i) enable you to share content from the Site on these social networks or publicise your use of the Site or your opinion on the Site’s content on the websites of these social networks, and (ii) personalise advertisements that are offered to you by DEEZER or its partners on these websites.
7.5 Transferring your Data
As part of processing your Data, they may be transferred by DEEZER to servers located in several countries.
You are hereby informed that your Data may be transferred to a country other than your country of residence and a country outside the European Union in particular.
Moreover, you are informed that as part of your use of the Apps, the Data that you agree to share with our Partners may be transferred to a country other than your country of residence and in particular a country outside the European Union. You are hereby informed that the privacy policies of our partners (available in the Apps section), apply to the processing of your Data by such partners.
You are also informed that in the event that you have expressly agreed to link your DEEZER account with your user account on Facebook, Twitter, Google + and Last.fm, some of your Data may be transferred to a country other than your country of residence and a country outside the European Union in particular. You are hereby informed that the privacy policy of these social networks to which you have agreed to link your DEEZER account, as the case may be, is available on their respective websites and applies to the processing of your Data by them.
In addition, in the event that you have subscribed to the services of DEEZER through a partner of DEEZER, some of your Data may be transferred to a country other than your country of residence and a country outside the European Union in particular. You are hereby informed that the privacy policy of such a partner is available on its website and applies how they process your Data.
Finally, you are informed that in order for him/her to receive Deezer’s newsletters or push notifications, your Data may be transferred to a country other than your country of residence and a country outside the European Union in particular.
7.6 Data security
DEEZER attaches great importance to the security of your Data and takes all appropriate steps to minimise the risks of loss, damage or unauthorised use of this data.
7.7 Data storage
The data are stored with the Site host identified in the Legal Notice and will be stored for the period of time strictly necessary to fulfil the aforementioned purposes.
After this period of time, they will be stored for statistical purposes only and will not be used in any other way.
7.8 Your rights
You have the right to access and correct your personal data on request, by contacting us through the “Contact us” section or by sending a letter to the following address: Deezer S.A., 12 rue d'Athènes 75009 Paris.
The Subscriber can find all the information linked to the collection and use of his/her Data in the Privacy Policy, available here.
Article 8 – Data Collection Systems
DEEZER and its partners may implement Data Collection Systems on the Free User’s computer.
The Free User shall 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, in the Privacy Policy available here.
Article 9 – Disclaimer of Liability
The Free User declares that he has been informed of the scope and limitations of the Internet network.
As a result, DEEZER disclaims all liability for any malfunction in accessing the Free Streaming Service, in the speed at which web-pages load, open and can be read, the listening speed of any tracks, the temporary or permanent inaccessibility of the Free Streaming Service, and the fraudulent use by third parties of the information provided on the Site on the App.
Therefore, it is the Free User’s duty to protect his personal data and information or other equipment and hardware against any form of intrusion and/or virus contamination, for which DEEZER can never be held liable. DEEZER can never be held liable of any malfunction of or damage caused to the Free User’s equipment.
More 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.
DEEZER disclaims all liability should it transpire that the Free Streaming Service is incompatible with certain items of equipment and/or features of the Free User’s equipment.
Finally, the Free User is solely liable for his use of the Free Streaming Service and cannot hold DEEZER liable for any claim and/or proceedings against him. The 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 his use of the Free Streaming Service.
Article 10 – Intellectual Property
The general structure of the Site, the App, the Free Streaming 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 but also the visuals on the packaging) are the exclusive property of DEEZER and/or its licensors (notably the records and videos producers, the record companies, authors rights societies, etc.).
These elements are protected by intellectual property laws and others, and notably copyright. You may use these elements for the purpose of using the Free Streaming Service, in accordance with the Terms.
Any representation of all or part of the Site, Free Streaming Service and/or the elements composing the same (as described above), by any means, without the express consent of DEEZER, is thus forbidden and shall be treated as tantamount to infringement which is punishable by law.
Any hyperlink to the Site and use of 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 one element extracted from another site disappear into a web-page, which saves storage space on the hard drive where the Site is hosted and enables 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.
The tracks on the Free Streaming Service are digital files protected by national and international copyright and neighbouring rights. Therefore, and in compliance with the Intellectual Property Law, listening to these tracks is only allowed within a private and family realm. Any use for a non private purpose will render the Free User liable to civil and/or criminal proceedings. Any other use of the digital files 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 are strictly prohibited.
The Free User acknowledges that the recordings supplied to him on the Site 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 under the Terms.
The Free User agrees not to bypass, these technical protection measures, by any means, for the purpose of downloading these files and enabling them to be stored on his reception terminal regardless of what that is (computer, mobile phone, music player or other portable music disc player).
Article 11 – Suspension and/or cancellation initiated by DEEZER or the Free User
Without prejudice to any damages that DEEZER may claim, DEEZER has the right to suspend access to the Free Streaming Service by a Free User and/or cancel his subscription to Free Streaming Service as of right and without notice or compensation, in the event the Free User:
- Does not comply with the Terms and especially:
o Does not comply with the Intellectual Property rights of DEEZER or its licensors
o Bypasses or attempts to bypass the technical measures of protection set up by DEEZER
o Uses multiple simultaneous connections to the same account or attempts to do so
o Provides false information at the time of his subscription to the Free Streaming Service
- Activities prejudicial to DEEZER’s commercial interests.
Free Users can de-register at any time from the Site through “My account”.
Article 12 – Amendments of the Terms
DEEZER has the right to modify the Terms at its sole discretion. DEEZER will inform the Free User via email to the address given on the Free User’s account, of any amendments of the Terms at least 2 (two) months before they come into effect. Where the Free User does not accept these modifications, he will be free to cancel his subscription on the Site as set forth in Article 11 above.
Article 13 – Customer service department
For any information or query regarding the Free Streaming Service, you can contact DEEZER through the Site by clicking the “Contact us” section or by sending a letter to the following address:
12 rue d'Athènes 75009 Paris
FRANCE
Article 14 – Invalidity of any clause
Should any of the clauses of the Terms be declared void or voidable for any reason, the other clauses will still apply without any modification.
Article 15 – Jurisdiction – Claims and disputes
The Terms are governed by the law applicable to the defendant.
Any claim relating to the application of these Terms of Use must be emailed to our Customer Care Service via the Site by clicking the link http://www.deezer.com/support, or sent by post to Deezer – Customer Care Service – 12 rue d'Athènes 75009 Paris, for prompt processing.
Should the claim not be resolved by our Customer Care Service or remain without response in excess of two (2) months after being received by our Customer Care Service, the customer 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/.
In case of a dispute, the parties shall try to reach an out-of-court settlement. If no settlement can be reached, any claim regarding the validity, interpretation and/or execution of the Terms must be referred to the court in the jurisdiction of the defendant’s country of residence; likewise in the case of multiple defendants or in case of the introduction of third parties.
Terms of Use and Sale for Deezer HiFi Service
Article 1 – General
The DEEZER website, which is located at http://www.deezer.com (hereinafter the “Site”), is 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, and the registered office of which is located at 12 rue d'Athènes 75009 Paris, FRANCE.
The Site offers its visitors and members the opportunity to discover and access tracks through various types of service (such as smart radio) and features (such as the sharing of tracks on social media, comments, etc.).
The Site also offers an unlimited service of on-demand music, a mobile service with a temporary download feature through a paid subscription, accessible via the Site, and a mobile application on certain compatible devices (hereinafter collectively “the Deezer HiFi Service”).
These conditions of use and sale (hereinafter the “Terms”) alone govern the Deezer HiFi Service provided by DEEZER. These conditions apply over and above any other terms, particularly those that apply to other services – free or paid-for – offered on the Site.
The 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.
The 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.
Subscription and access to the Deezer HiFi Service are strictly dependent on prior acceptance of all of these Terms without restriction or reservation.
Article 2 – Presentation of Deezer HiFi Service
The Deezer HiFi Service is a service offered and operated by DEEZER that enables Subscribers, subject to acceptance of these Terms, to access the Service from a personal computer and listen to an unlimited amount of music in higher quality audio (than is made available through DEEZER’s other streaming services, where available) without any advertisements.
Once the Subscriber has signed up, he has access to all features of the Deezer HiFi Service from the Site or the App.
The main characteristics of the Deezer HiFi Service are as follows:
- Unlimited access, for the purpose of temporary downloading on three authorised devices (non-portable or portable devices) of tracks included in the Deezer HiFi Service music catalogue and the Site playlists, in order to listen to them later when off-line;
- No advertisements;
- The majority of the music tracks available are in the following format: FLAC audio bitstream data (CD quality, 16 bits, stereo, 44.1 kHz).
The Deezer HiFi Service is accessible to the Subscriber until the end of his subscription as stated on the subscription page of the Site at the time of subscribing.
DEEZER may offer the Deezer HiFi Service for limited periods of time at a retail price as defined from time to time by DEEZER on the subscription page on the Site (hereinafter the “Special Offers”). DEEZER reserves the right, at its discretion, to determine users’ eligibility for the Special Offers and to withdraw or modify a Special Offer without incurring any liability.
Once the subscription has expired or been cancelled, unlimited access, downloading and listening are no longer authorised.
The Deezer HiFi Service can only be used on certain compatible devices. A list of these devices can be found here.
The Deezer HiFi Service is accessible from a personal computer running the Microsoft Windows, Google Chrome OS or Apple OSX operating system by connecting to the Site, or from a portable device running the Apple iOS or Google Android operating system through the Deezer HiFi application (hereinafter the “App”). The App is available for download through the Apple iTunes and Google Android app stores. The Deezer HiFi Service is also accessible without an Internet connection, by clicking the “Offline Mode” button of the Site or App.
On a PC, the Subscriber should use the Google Chrome browser in order to use Offline Mode.
By using Offline Mode, the Subscriber can only access the tracks, albums and playlists that he has previously temporarily downloaded, from the Site or App, onto his device (non-portable or portable).
Tracks, albums or playlists can be temporarily downloaded through the Offline Mode button that appears on the pages of the Site or App. The downloaded tracks can then be listened to with no Internet connection or 3G mobile technology, for the whole Subscription period, but cannot however be transferred to or burned onto any medium whatsoever.
DEEZER hereby informs the Subscriber that it declines all liability with regard to advertisements displayed within content provided and hosted by third parties that might be integrated into the Site or App.
Article 3 – Use of the Deezer HiFi Service
The 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 provider in order to use the Service.
A mobile Internet connection via at least third generation (3G) mobile technology is highly recommended.
The 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 Service catalogue will be available indefinitely. DEEZER incurs no liability for the withdrawal of any part of the catalogue content offered.
As 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 attempted multiple connections.
Article 4 – Availability and modification of the Deezer HiFi Service
The Deezer HiFi Service can be accessed up to 24 hours a day, seven days a week, within the scope of the Terms and the terms of Article 11 hereunder.
However, DEEZER has the right to make any changes or improvements to the Deezer HiFi Service that it deems necessary for technical development.
In addition, DEEZER has the right to temporarily withdraw access to the Deezer HiFi Service, without prior notice or compensation, as necessary for maintenance due to technological developments or to ensure continuity of the Deezer HiFi Service. The Subscriber acknowledges that DEEZER cannot be held liable and waives any right to compensation and/or action against DEEZER in this respect. Where possible, notice of temporary interruptions to the Deezer HiFi Service will be given on the Site at least 24 (twenty four) hours before they occur, unless they are urgent. DEEZER also has the right 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 App, 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.
Article 5 – Absence of the right of withdrawal – period – renewal – cancellation – upgrade to Deezer HiFi Service
5.1 Absence of the right of withdrawal (cooling-off period)
The Subscriber expressly recognises and accepts that the supply of the Service starts when his subscription is confirmed and acknowledges that he therefore loses his right to withdraw from the subscription. Accordingly, no request for withdrawal, cancellation or refund will be accepted once the subscription is confirmed.
5.2 Period
DEEZER offers a monthly subscription (or any other period in accordance with the offers made on the Site or App). Certain trial or discovery periods of the Service with a different duration may be offered on the Site or App, 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.
5.3 Renewal
Unless it is cancelled by the Subscriber pursuant to article 5.4, the subscription to the Service is automatically renewed for exactly the same period as the initial subscription.
In the event of automatic renewal, the price in force for the subscription in question will apply to the Subscriber in full.
Unless stated otherwise on the Site or App 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 of the Deezer HiFi Service.
5.4 Cancellation
Where a subscription is taken out directly from the Site, in order to cancel a subscription the Subscriber must go to his account in the “Cancel my Subscription” section of the Site. Cancellation will be effective at the end of the current subscription period, if carried out 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.
If the subscription was taken out via a partner website (such as iTunes for example), the Subscriber must first check the conditions in the “My Account” section of the Site, then follow the instructions to cancel his subscription. The Subscriber should be aware that conditions (how to cancel, within what time frame, etc.) may vary from one platform to another.
5.5 Upgrade to the Deezer HiFi Service
If the Subscriber switches from the Premium Service or the 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 Premium Service has come to an end, meaning that if the Subscriber is upgrading to the Deezer HiFi Service during the Premium Service subscription period, DEEZER will charge the Subscriber for both Services.
There will be no refund of the price paid for the Deezer Premium or Deezer Premium+ Service subscription due to the upgrade.
Article 6 – Terms of access to the Deezer HiFi Service
The Subscriber declares he has the capacity to agree to these Terms; this means he is of the legal age required and not under any legal protection measure (such as legal guardianship) or, if the Subscriber is under the legal age, has parental authorisation giving him permission to subscribe.
The Subscriber declares that he actually lives in his stated country of residence and is in possession of a bank card issued by a bank established in that country.
Article 7 – Creation of an account
In order to subscribe to a Deezer HiFi Service, every user must:
- Create an account on the Site or download and create an account on the App or, if the user is already registered, sign into the Site or App;
- Provide the information requested on the subscription form;
- Give his consent to the Terms;
- Pay the price for his subscription via one of the payment systems offered;
- Confirm his registration.
The Subscriber agrees to provide true, accurate and genuine information about himself in connection with his registration with the Site, the App and the Deezer HiFi Service.
Once his registration has been validated, DEEZER will send the Subscriber a confirmation email to the email address given at the time of registration.
Subject to the other conditions of the Terms, the subscription to the Service will only become effective when DEEZER sends the aforementioned confirmation email. DEEZER recommends that the Subscriber saves and/or prints out this email.
The Subscriber can modify the password given on his account at any time by going to the “My information” section.
The Subscriber agrees to inform DEEZER, without delay, of any change to the information provided at the time of subscribing to the Service and any change to his email address or bank details in particular. The Subscriber can change these details at any time in his account on the Site by going to the “My information” section.
The Subscriber must immediately inform DEEZER of any loss or unauthorised use of his 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 the use thereof.
The Subscriber is solely liable for the consequences arising from the use of his account and remains so until its deactivation. 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, unless the Subscriber can prove that the use of his identification details and/or account is the result of fraud by a third party.
Article 8 – Price
The subscription price is stated on the Site or App and is inclusive of all taxes.
DEEZER 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 registration for the Deezer HiFi Service (or later by modifying it on his account) of any price increase at least 15 (fifteen) days before it comes into effect. Where the Subscriber does not accept this increase, he will be free to cancel his subscription in the cancellation section of the Site; as set forth in Article 5 above, such cancellation will come into effect on the next monthly subscription due date. If the Subscription is not cancelled, the new price will be applicable to the Subscriber.
Any increase in the rate of VAT (Value Added Tax) will be passed on automatically and immediately in the Deezer HiFi Service price. 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 applicable conditions for cancellation in the event of a change in the Deezer HiFi Service price as mentioned above will apply according to the same conditions in the event of a change resulting from the increase or creation of new taxes.
Subscribers 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.
Article 9 – Payment of the price
Various payment methods are offered on the Site (credit cards, prepaid cards, PayPal and/or other payment methods).
Please note that when Subscribers disclose their bank details to DEEZER, they are not retained by DEEZER.
Depending on the subscription period chosen by the Subscriber, the Subscription price must be paid either monthly or annually. The payment will be debited, at the beginning of each month or year, at the time of subscription and thereafter every month or year, until the subscription is cancelled, whether cancellation is initiated by the Subscriber or DEEZER.
For optimised transaction security, DEEZER has chosen the payment systems of various companies with which it has entered into agreement. The guarantees given by DEEZER regarding transaction security are identical to those obtained by DEEZER from those payment system providers.
Failing provision by the Subscriber of evidence to the contrary, the computerised records kept within the computer systems of DEEZER and its partners, in conditions of reasonable security, shall be treated as proof of communications, orders, validations and payments that have taken place between the Subscriber and DEEZER. This information will be enforceable between the Subscriber and DEEZER unless the Subscriber is able to provide written proof to the contrary.
Article 10 – Territory
The Service can only be subscribed to by natural persons (private individuals) actually living in their stated country of residence and in possession of a bank card issued by a bank established in that country.
Article 11 – Subscriber liability
i) The Subscriber is solely liable for any messages, content or information published by him on the Site; DEEZER is considered to be an Internet service hosting provider only and cannot be held liable for the content published by the members on the Site, over which DEEZER has no control or supervision.
To avoid being held liable, the Subscriber expressly agrees to ensure that any message published by him on the Site meets (but is not limited to) the following requirements:
- Does not infringe third party intellectual property rights; the member therefore agrees not to publish content on the Site 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;
- Contains no computer virus able to interrupt, destroy or affect the Site’s features;
- 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, revisionist nature or contrary to public order and good manners;
- Does not infringe the right to private life or promote disrespect for human dignity;
- Does not encourage violence, fanaticism, crime, suicide or hate related to religion, race, sex, sexual preferences or ethnicity;
- Does not harass other members;
- Does not promote or encourage any criminal activity or enterprise;
- Does not request and/or disclose passwords and/or personal information for commercial or illegal purposes;
- Does not transmit email chains, mass unsolicited emails, instant messages, advertising messages or spam messages;
- Contains no advertising and/or canvassing in order to offer products and/or services to sell through the Site;
- Contains no addresses or Internet links to external websites the content of which violates any law or regulation in effect, infringes third party rights or is in breach of the Terms.
ii) The Subscriber agrees not to use any automated system such as scripts for the purpose of adding users to his Profile and/or sending comments or messages.
iii) If the Subscriber breaches 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).
Article 12 – Disclaimer of Liability
The Subscriber declares that he has been informed of the scope and limitations of the Internet network.
As a result, DEEZER disclaims all liability for any malfunction in accessing the Deezer HiFi Service, the speed at which web-pages load, 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 App.
It is therefore the Subscriber’s duty to protect his Personal Data and information or other equipment and hardware 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.
More 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, government 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 that prevents orders being carried out successfully.
DEEZER disclaims all liability if the Service is found to be incompatible with certain items of equipment and/or features of the equipment belonging to the Subscriber.
Finally, the Subscriber is solely liable for his use of the Service and cannot hold DEEZER liable for any claim and/or proceedings brought against him. 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 his use of the Service.
Article 13 – Privacy Policy
13.1 Subject
This section reflects DEEZER’s commitment to protecting your privacy and the Personal Data collected and processed about you when you use the Site and DEEZER’s services, in accordance with the conditions set out in the Conditions of Use (the “Data”).
DEEZER undertakes to comply with the applicable legislation regarding the protection of privacy in relation to the processing of Personal Data. These processing operations have been declared to the French National Data Protection Organisation (CNIL).
13.2 Data collected
The Data collected and further processed is voluntarily provided by you on the registration form on the Site (the “Registration Form”) or on the “My Information” page of your account, and as a minimum, involves your username, age and gender and a valid email address.
When you use the Site and the services of DEEZER, some Data is collected automatically, in particular technical data (such as the IP address of your computer or mobile device) and information relating to how you use the web pages on the Site, the advertisements displayed on the Site and features of the services of DEEZER, to the exclusion of any other data.
13.3 Purpose of Data processing
The Data provided by you and identified as mandatory on the Registration Form is required so that you can benefit from the Site and services of DEEZER’s features (in particular for accessing the Site and the services of DEEZER).
The Data provided by you (whether mandatory or not) or the Data automatically collected by the Site is processed in order to (i) personalise and improve your use of the Site and the services of DEEZER, (ii) ensure the provision of the services of DEEZER by its partners, as the case may be, (iii) personalise advertisements that are offered by DEEZER or its partners on the Site or on its partners’ websites, (iv) analyse and create statistics regarding your use of the Site, the services of DEEZER and the advertisements displayed on the Site and (v) only in the event that you expressly agreed to link your DEEZER account with your user account on a social network when you registered on the Site or by setting your DEEZER account for such purposes in the “Alerts & sharing” section (to access this section, please click here), share content from the Site on these social networks or publicise your use of the Site or your opinion of the Site’s content on the websites of these social networks.
If you have so consented, the Data collected may also be used for the management of commercial relationships in order to enable DEEZER to personalise and improve its services and the information sent to you.
The Data will also enable DEEZER to send newsletters to the email address you provided on the Registration Form (or as modified by you in your account) or push notifications on your mobile devices. If you do not wish to receive newsletters or push notifications, you can unsubscribe at any time through the link provided at the bottom of each newsletter or by modifying your Data in the “Alerts & sharing” section of your Account (to access this section, please click here).
The Data is also kept for security reasons, in order to comply with DEEZER’s legal and regulatory obligations.
13.4 Data recipients
Your Data will not be shared with third parties without your express consent.
However, you are hereby informed that it may be disclosed pursuant to a law, regulation, or decision by a regulatory or competent legal authority or, if deemed necessary, for the purpose of preserving the rights and interests of DEEZER.
If you have so agreed, you may receive offers from DEEZER’s partners, sent to the email address you provided on the Registration Form (or as modified by you in your account).
In order to manage your subscription, your Data may be shared with companies in charge of managing, processing and executing the payment procedure.
In order to manage your newsletters or push notifications, your Data may be shared with the company Appboy, which is in charge of managing, processing and dispatching DEEZER’s newsletters or push notifications.
DEEZER may share Data as part of your use of third party applications made available on the “Apps” page of the Site (the “Apps”). DEEZER undertakes to share the Data only when you have expressly agreed to this sharing when using each App. You acknowledge and agree that our partners’ Privacy Policies apply to the use made by them of the Data we share with your consent or that they collect directly from you.
In the context of processing your Data for the purposes of personalising advertisements that are offered to you by DEEZER or its partners, your Data may be shared with such partners or service providers who handle the analysis and processing of your Data on behalf of DEEZER or its partners.
If you have subscribed to the services of DEEZER through a partner of DEEZER, DEEZER may share your Data with such partner in order to (i) ensure that the services of DEEZER are provided by such partner, (ii) enable such partner to generate and analyse statistics regarding your use of the services of DEEZER and (iii) personalise advertisements that are offered to you by such partner.
DEEZER may also share your Data with Facebook, Twitter, Google + and Last.fm, provided that you expressly agreed to link your DEEZER account with your user account on these social networks when you registered on the Site or by setting your DEEZER account for such purposes in the “Alerts & sharing” section (to access this section, please click here) in order to (i) enable you to share content from the Site on these social networks or publicise your use of the Site or your opinion of the Site’s content on the websites of these social networks, and (ii) personalise advertisements that are offered to you by DEEZER or its partners on these websites.
13.5 Transfer of your Data
As part of the processing of your Data, it may be transferred by DEEZER to servers located in several countries.
You are hereby informed that your Data may be transferred to a country other than your country of residence and a country outside the European Union in particular.
Moreover, you are informed that as part of your use of the Apps, the Data that you agree to share with our Partners may be transferred to a country other than your country of residence and in particular a country outside the European Union. You are hereby informed that our partners’ Privacy Policies (available in the Apps section) apply to the processing of your Data by such partners.
You are also informed that, in, the event that you have expressly agreed to link your DEEZER account with your user account on Facebook, Twitter, Google + and Last.fm, some of your Data may be transferred to a country other than your country of residence and a country outside the European Union in particular. You are hereby informed that the Privacy Policies of these social networks to which you have agreed to link your DEEZER account, as the case may be, are available on their respective websites and apply to the processing of your Data by them.
In addition, in the event that you have subscribed to the services of DEEZER through a partner of DEEZER, some of your Data may be transferred to a country other than your country of residence and a country outside the European Union in particular. You are hereby informed that the Privacy Policy of such a partner is available on its website and applies to the processing of your Data by it.
Finally, you are informed that in order for you to receive DEEZER’s newsletters or push notifications, your Data may be transferred to a country other than your country of residence and a country outside the European Union in particular.
13.6 Data security
DEEZER attaches great importance to the security of your Data and takes all appropriate steps to minimise the risks of loss, damage or unauthorised use of this data.
13.7 Data storage
The Data is stored with the Site host identified in the Legal Notice and will be stored for the period of time strictly necessary to fulfil the aforementioned purposes.
After this period of time, it will be stored for statistical purposes only and will not be used in any other way.
13.8 Your rights
You have the right to access and correct your Personal Data on request, by contacting us through the “Contact us” section or by sending a letter to the following address: Deezer S.A., 12 rue d'Athènes 75009 Paris.
The Subscriber can find all the information linked to the collection and use of his/her Data in the Privacy Policy available here.
Article 14 – Data Collection Systems
DEEZER and its partners may implement Data Collection Systems on the Subscriber’s computer.
The Subscriber can find all the 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 in the Privacy Policy available here.
Article 15 – Intellectual Property
The general structure of the Site, the App, the Deezer HiFi Service and all constituent elements thereof (such as but not limited to logos, domain names, tracks or videos, and their associated elements such as photos, images, texts and biographies of the authors, artists and/or any legal beneficiary on the tracks or videos, together with visuals on the packaging) are the exclusive property of DEEZER and/or its licensors (particularly the record and video producers, record companies, authors rights societies, etc.).
These elements are protected by intellectual property and other laws, particularly copyright. You may use these elements only for the purpose of using the Service, in accordance with these Terms.
Any representation of all or part of the Site, Service and/or the constituent elements thereof (as described above), by any means, without the express consent of DEEZER, is therefore forbidden and will be treated as infringement, which is punishable by law.
All hyperlinks to the Site and the use of “framing” (a programming technique used to divide browser windows into different independent frames in order to display the content of an external website) or “in-line linking” (programming to make one element extracted from another site disappear into a web page, which saves storage space on the hard drive where the Site is hosted and makes it possible to hide the initial content of which the element is part from an uninformed user) are 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 process such as robots and scripts or any other means, is strictly prohibited.
The tracks on the Service are digital files protected by national and international copyright and neighbouring rights. In accordance with Intellectual Property Law, these tracks can therefore only be listened to within a private and family realm. Any use for non-private purposes will render the Subscriber liable to civil and/or criminal proceedings. Any other use of the digital files 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 burning or attempt to burn onto a CD or any other medium of any file are expressly forbidden. Any resale, exchange or renting of these files are strictly prohibited.
The Subscriber acknowledges that the recordings supplied to him on the Site 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 under the Terms.
The 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 reception terminal regardless of what that is (computer, mobile phone, music player or other portable music disc player).
Article 16 – Suspension and/or cancellation initiated by DEEZER or the Subscriber
Without prejudice to any damages that DEEZER may claim, DEEZER has the right to suspend access to the Service by a Subscriber and/or cancel his subscription to the Service as of right and without notice or compensation, in the event that:
- The Subscriber fails to comply with the Terms and particularly:
o Does not respect the Intellectual Property rights of DEEZER or its licensors;
o Bypasses or attempts to bypass the protective technical measures set up by DEEZER;
o Uses multiple simultaneous connections to the same account or attempts to do so;
o Provides false information at the time of his subscription to the Service.
- The Subscriber fails to pay the Subscription price in full or in part.
- The Subscriber undertakes activities prejudicial to DEEZER’s commercial interests.
The Subscriber will be able to cancel his 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 computer being stolen or technical incompatibility of the Service with the Subscriber’s equipment.
Article 17 – Amendment of the Terms
DEEZER has the right to amend the Terms at its sole discretion. DEEZER will inform the Subscriber, through an email sent to the address given on the Subscriber’s account, of any amendment of the Terms at least 2 (two) months before they come into effect. If the Subscriber does not accept these amendments, he will be free to cancel his subscription from his account on the Site as set forth in Article 5 above, such cancellation coming into effect on the next monthly subscription due date. If the Subscriber does not cancel the subscription, the new Terms will therefore apply from the following subscription due date after the Terms come into effect.
Article 18 – Customer service department
For any information or query regarding the Service, you can contact DEEZER through the Site by going to the “Contact us” section or by sending a letter to the following address:
Deezer
12 rue d'Athènes 75009 Paris
FRANCE
Article 19 – Invalidity of any clause
Should any of the clauses of the Terms be declared void or voidable for any reason, the other clauses will still apply without any modification.
Article 20 – Jurisdiction – Claims and disputes
These Terms are governed by the laws applicable to the defendant.
Any claim relating to the application of these Terms of Use must be emailed to our Customer Care Service via the Site by clicking the http://www.deezer.com/support link, or sent by post to Deezer – Customer Care Service – 12 rue d'Athènes 75009 Paris, for prompt processing.
If the claim is not resolved by our Customer Care Service or remains without response for more than two (2) months after receipt by our Customer Care Service, the customer 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/.
In the event of a dispute, the parties will use their best efforts to reach an out-of-court settlement. If the parties are unable to reach a settlement, any claims relating to the validity, interpretation and/or performance of these Terms of Use will be brought before the court where the defendant lives, even in case of multiple defendants or third-party proceedings.
Terms of use of Deezer for Developers
The web site http://www.deezer.com (hereinafter the “Site”) is an interactive and social musical website, edited by Deezer.
Deezer SA is a French corporation with an income of 128.535,25 €, registered under number 511 716 573, with its principal offices located at 12 rue d'Athènes 75009 Paris, FRANCE.
Deezer is hereinafter referred to as “DEEZER” for these terms (hereinafter the “Terms”).
I. SERVICES DESCRIPTION
The 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”).
Access 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.
The Developer, by accepting this Terms, enters into a legally binding agreement with DEEZER to abide by the same.
DEEZER 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/ will be binding upon the Developer immediately upon posting.
II. ACCESS TO THE SERVICES
Access to the DEEZER API
a) 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.
Access 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.
It 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 regarding the use of DEEZER’s logos.
Furthermore, 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.
The 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.
The 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.
b) 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.
c) 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.
Use of the DEEZER Plugins
Upon 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.
Access 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
The 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.
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 Plugins and to the Site, without any prior notice or liability to the Developer.
III. DEVELOPER WARRANTY
Developer warrants and represents to DEEZER that he:
1) Provides true and complete information to DEEZER when creating a Developer account on the Site.
2) Possesses all rights, licenses or any other authorizations or permissions necessary to develop his Webpage and/or Personal Applications.
3) Will not modify, edit, disassemble, decompile or reverse-engineer the DEEZER API or any part of the Services.
4) 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.
5) 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.
6) 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.
7) 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.
IV. NON-COMMERCIAL USE
The Developer agrees that the use of the Services is strictly limited for a non-commercial purpose and in a non-commercial environment.
It 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.
Furthermore, 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.
The Developer acknowledges that only users registered with a 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
The 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.
The use of the Content is limited to a strictly private use within a family scope.
V. DIGITAL RIGHTS MANAGEMENT
The 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.
The 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.
The 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.
Subject 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.
VI. DISCLAIMER AND LIMITATION OF LIABILITY
The 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.
DEEZER 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.
DEEZER 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.
DEEZER 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.
DEEZER 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.
VII. INTELLECTUAL PROPERTY
The 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.
Any 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.
DEEZER 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.
VIII. ASSIGNMENT
Developer 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.
IX. MISCELLANEOUS
The 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.
The 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.
Furthermore, 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.
X. SURVIVAL
Sections III, VI, VII, IX, X and XI will remain in effect after the Developer ceases to access or use the Services.
XI. APPLICABLE LAW
The present Terms are submitted to French law.
In 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.