Deezer - Terms and Conditions

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:

Deezer
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 Premium 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 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 also offers an unlimited service of on-demand music through a paid subscription (hereinafter “the Premium Service”).

These conditions of use and sale (hereinafter the “Terms”) govern exclusively the Premium Service provided by DEEZER. These conditions apply over and above any other terms, notably those which 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 Premium Service (hereinafter the “Subscriber”), on the other hand.

The use of the Site and of the Premium Service is authorised for personal and private use only, therefore any other use, particularly in public premises and for businesses, is strictly forbidden.

Subscription and access to the Premium Service are strictly dependent on the prior consent without any restriction or reservation to all the Terms.

Article 2 – Presentation of our Premium Service

The Premium Service is a service provided and operated by DEEZER enabling unlimited music to be listened to from a personal computer, in high-quality audio and without any advertising, subject to these Terms being accepted and agreed.

From the Site, once the Subscriber has signed up, he has access to all the features of the Premium Service.

The main characteristics of this Service are as follows:

- Unlimited access, to listen to the tracks part of the Premium Service music catalogue and the Site playlists;
- No advertising;
- A high sound quality.

The Premium 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 provide the Premium Service for limited periods of time at a retail price as defined from time to time by DEEZER in 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 to modify a Special Offer without incurring any liability.

Once the subscription has expired or has been cancelled, unlimited access and listening feature are no longer authorised.

The tracks can be listened to during the whole period of the subscription, but cannot be downloaded, transferred to or burned onto any medium whatsoever.

DEEZER 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 the Site or the App.

Article 3 – Use of the Premium Service

The use of the Premium 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 and/or a mobile Internet offer in order to use the Premium Service.

The music catalogue available as part of the Service, is linked to current 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 on the Premium Service catalogue. Moreover, DEEZER cannot guarantee that any given track, album, artist or group on the Premium Service catalogue will be available indefinitely. DEEZER incurs no liability for the withdrawal of any part of the catalogue content made available.

As a subscriber, you can activate the Premium Service on a personal computer (PC or MAC). The Premium 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.

Article 4 – Availability and modification of the Premium Service

The Premium 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 Premium Service as it deems necessary to take account of technical developments.

In addition, DEEZER has the right to temporarily remove access to the Premium Service, without prior notice or compensation, where necessary to carry out maintenance due to technological developments 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 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 Premium Service down permanently with no compensation payable. Notice of the permanent shutdown of the Premium 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 Premium Service shutdown.

Article 5 – Absence of the right of withdrawal – period – renewal – cancellation – upgrade to the Premium+ Service

5.1 No right of withdrawal (cooling-off period)

The Subscriber expressly recognizes and accepts that the supply of the Premium Service starts at the time his subscription is confirmed and acknowledges that consequently he 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 duration depending on the offers made on the Site). Some trial or discovery periods of the Premium 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.

5.3 Renewal

Unless cancelled by the Subscriber in compliance with the provisions of article 5.4, the subscription to the Premium Service renews automatically for exactly the same period of time as the initial one.

In case of renewal by tacit agreement, the price currently applying to the subscription in question shall apply to the Subscriber in full.

Unless otherwise indicated on the Site and except for cancellation by the Subscriber in accordance with the provisions of 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 Premium 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 under the “Cancel my Subscription” section of the Site. 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.

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 on 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 Premium+ Service

In case the Subscriber switches from the Premium Service to the Premium+ Service, the upgrade will take effect immediately as authorised by DEEZER. Henceforth, DEEZER will immediately charge the Subscriber for the newly activated Premium+ Service subscription, regardless of whether the subscription period for the Premium Service has come to an end or not, meaning that if the Subscriber is upgrading to the Premium+ 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 Premium Service subscription due to the upgrade.

Article 6 – Terms of access to the 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.

Article 7 – Creation of an account

In order to subscribe to a Premium Service, every user must:

- Create an account on the Site or, if the user is already registered, log on to the Site;
- Provide the information requested in the subscription form;
- Give his consent to the Terms;
- Pay the price for his subscription through one of the payment systems offered;
- Confirm his registration.

The Subscriber agrees to provide true, accurate and sincere information about himself.

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, subscription to the Service will become effective only once 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 clicking the “My information” section.

The Subscriber agrees to provide true, accurate and sincere information about himself.

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 modification of his email address or bank details in particular. The Subscriber can change these details at any time on his account on the Site by clicking the section “My information”.

The Subscriber must immediately inform DEEZER of any loss or unauthorised use of his account, his identification details and his 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.

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 indicated on the Site and includes all taxes.

DEEZER has the right to modify the price of all subscription offers. DEEZER will inform each Subscriber by email to the address provided by the Subscriber at the time of registration for the Service (or later by modifying it on his account) of any price increase at least 15 (fifteen) days before it becomes effective. Where the Subscriber does not accept these modifications, he will be free to cancel his subscription from his account on the Site as set forth in Article 5 above, such cancellation becoming effective 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 Premium Service price. The same will apply should a new tax be created, based on the price of the Premium Service and applicable to DEEZER. The conditions for cancellation applicable in case of modification of the Premium Service price mentioned above, will apply in the same conditions as in the case of any modification arising from an increase in or the creation of new taxes.

It is recalled that the connection and communication (Internet) costs relating to the use of the Premium Service are not borne by DEEZER but remain at the Subscriber’s charge.

Article 9 – Payment of the price

Various payment methods are offered on the Site (credit cards, prepaid cards, PayPal and/or other payment methods).

It is stressed that when a Subscriber discloses his bank details to DEEZER, DEEZER does not retain them.

Depending on the subscription period chosen by the Subscriber, the Subscription price has to be paid either monthly or annually. The payment will be made at the beginning of each month or year, at the time of subscription and thereafter debited 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, in terms of transaction security, are identical to those obtained by DEEZER from these providers of payment systems.

Failing provision by the Subscriber of evidence to the contrary, the computerized 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 which have taken place between the Subscriber and DEEZER. This information shall be treated as authentic and enforceable between the Parties unless the Subscriber is able to provide written proof to the contrary.

Article 10 – Territory

The subscription to the Service can only be made 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 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 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; 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 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) Should the Subscriber 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 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 Premium 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 Premium Service, and the fraudulent use by third parties of the information provided on the Site.

Therefore, it is 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 of any malfunction of or damage caused to the Subscriber’s equipment.

More broadly, DEEZER disclaims all liability if a breach of any obligation results from acts of God, 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, 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 insurmountable and unforeseen event which prevents the orders from being carried out properly.

DEEZER disclaims all liability should it transpire that the Premium Service is incompatible with certain items of equipment and/or features of the Subscriber’s equipment.

Finally, the Subscriber is solely liable for his use of the Service and cannot hold DEEZER liable for any claim and/or proceedings 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 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.

13.3 Purpose of 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 on 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.

13.4 Data recipients