The website « http://www.deezer.com » (hereinafter referred to as the « Site ») is an interactive music and social website provided, as defined by Law No. 2004-575 of 21 June 2004 concerning confidence in the digital economy, by the BLOGMUSIK COMPANY http://www.deezer.com/legal/mentions-legales.php (hereinafter referred to as the « COMPANY »).

The Site offers any user who has accepted these Terms and Conditions for Use an unlimited and free listen-on-demand service for phonographic recordings for which the COMPANY holds the digital performance rights (hereinafter the «Recordings »), without giving the user having the ability to download these Recordings, as the Site currently does not offer any function that enables the transfer of digital files reproducing the Recordings from the COMPANY's central server to an information technology terminal (hereinafter «Downloading »).

Furthermore, the Site offers any user who has first registered (hereinafter the «Member ») the ability to access optional services as described below in clause I/2 of these Terms and Conditions for Use and in particular the ability to join a community space, via the creation of a personal profile, in order to chat with the other Members.

It is expressly agreed that users who are not members of the Site and the Members shall, for the purposes of these Terms and Conditions, be jointly called the «User ».

The User declares that he or she recognises that access to the services offered by the Site is subject to the express and unreserved acceptance of the present Terms and Conditions for Use, which the COMPANY reserves the right to unilaterally modify at any time.

The Site offers unlimited free listening, within the limitations of the catalogue available on the Site, of Recordings as chosen by the User, without the ability to Download these Recordings, which may occur:

- track by track on demand, in the location and at such time as the User may choose, and/or;

- within the scope of the Webradios offered on the Site, consisting of themed programmes predefined by the COMPANY and made up of Recordings broadcast in a linear manner, and the User will not have the possibility of knowing the titles of the musical works that make up those programmes in advance;

- within the scope of « SmartRadio » which is a Webradio offering a function that enables the User to specify those Recordings initially included in the programme predefined by the COMPANY which he no longer wishes to receive when he listens in the future.

This service only allows the Recordings to be listened to within the User'shousehold, and any use of the Site with a view to making the Recordings available to the public apart from the User's personal use is expressly forbidden.

Access to the various optional services described below is available through the creation of a personal account using the form available online and designed for that purpose, which contains the following information:

- Full name;
- valid email address;
- username;
- password;
- gender;
- country;
- date of birth.

The Member hereby guarantees that the information supplied to the COMPANY for registration is accurate and undertakes to notify the COMPANY of any subsequent change.

The Member declares that he is solely responsible for keeping his password confidential.

Once the form is correctly filled in, a confirmation email will be sent by the COMPANY to the email address provided in the registration form.

- Service for creating a personalised playlist

The « Playlists » function allows the creation of personalised playlists, based exclusively on the Recordings, with a view to:

unlimited, on-demand free listening from the Site, without a Download capability, and strictly for private use;

Online public communication of such playlists from the Member's personal profile, with a view to unlimited on-demand free listening, and without a Download capability, by Members of the Site exclusively;

Online public communication of such playlists by means of a remote player from any Website and/or personal pages that have been provided by the Member with a view to make such playlists available to the public in accordance with the distribution methods exclusively defined by the COMPANY.

- Service to create unlimited MP3 storage space

i) The « My MP3s » function gives the Member the possibility of having an unlimited storage space that allows the hosting of personal music files (hereinafter « Member Files »), excluding any Recording, with a view to unlimited on-demand listening, without a Download capability and strictly for private use, and the access and use of this storage space shall be strictly reserved to the Member.

The Member recognises that the listening to Member Files on demand from his storage space is strictly for private use within the Member's household, as defined by article L.122-5 1° of the Intellectual Property Code.

ii) The Member hereby undertakes to ensure that the Member Files do not infringe the intellectual property rights of third parties (copyright and performance rights) and come exclusively from legitimate sources (such as legal downloading or commercial phonograms). In this respect, the exception relating to private copies as stipulated by articles L.122-5 2° and L.211-3 2° of the Intellectual Property Code which may apply to the reproduction of Member Files from the Storage Space only applies under the positive law applicable in France in so far as such reproduced recordings have been acquired legally.

iii) The Member acknowledges that the COMPANY reserves the right to use so-called electronic « monitoring » tools in order to measure the frequency of connections to the storage space and to obtain information (such as, in particular, titles of tracks, names of authors and performing artists) concerning the music files stored by the Member.

- Use of the Remote Player

i) The « REMOTE PLAYER » consists of a music files player for which the COMPANY holds the rights of exploitation and which, hosted on the COMPANY's servers, is intended for full integration with non-commercial personal Websites (blogs, Members' personal pages on « community sites », etc.) of the Member with a view to allowing playlists compiled by the Member exclusively from Recordings available on the Site to be made available to the public, by distribution methods exclusively chosen by the COMPANY.

ii) The Member hereby undertakes only to use the REMOTE PLAYER from personal pages produced and published by him exclusively and shall not make any type of commercial use of the REMOTE PLAYER.

iii) The Member hereby undertakes to ensure that his personal pages are not of such a nature as to contain elements which may be contrary to public order or be offensive and more generally infringe current legislation and regulations.

iv) The Member hereby undertakes to notify any persons who wish to use the REMOTE PLAYER from his personal pages, by any means, of these terms of use and in particular that the listening to the Recordings played by the REMOTE PLAYER must be for strictly private use within the household only, as defined by article L.122-5 1° of the Intellectual Property Code.

v) The Member hereby undertakes to immediately inform the COMPANY of any fraudulent use of the REMOTE PLAYER of which he becomes aware.

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

i) The « MY PROFILE » function makes it possible to create a personal profile in order to communicate with the Members of the Site and, as applicable, allows networks of friends and/or restricted groups of Members to be created.

The Member hereby states that he is aware that his personal profile is accessible to all Members of the Site, and displays:

personal data (such as username, age, photograph, country of origin) automatically;
optionally, information on musical preferences.

ii) The « COMMUNITY » space provides the Member with the possibility of:

making playlists available to other Members from his personal profile, for unlimited, on-demand listening by Members;

inserting links to third party Websites on his personal profile;

chatting with other Members via an internal messaging service;

evaluating, through comments, the Site's musical content and in particular giving opinions on an artist via detailed artist pages, on which the Member can post comments;

receiving newsletters about current music news on the Site and/or offers from the COMPANY's partners, subject to prior and express acceptance by the Member by ticking the box provided for that purpose on his personal profile.

iii) The Member declares that he is solely responsible for the content of any text messages he puts online on the Site and therefore that the COMPANY, in its capacity as the host of the service discussed herein, as defined by the provisions of Law No. 2004-575 of 21 June 2004 concerning confidence in the digital economy, shall not be held liable for the content of any messages sent or put online by Members of the Site and over whom the COMPANY exercises no control or supervision.

The Member expressly undertakes, failing which he will be held criminally or civilly liable, to ensure that any messages he publishes on the Site shall not be of such a nature, and this is not an exhaustive list, as to in particular:

- constitute an infringement of the intellectual property rights of third parties, since the Member undertakes not to reproduce or communicate online to the public any items protected by copyright, filed as a brand or in general protected by any other intellectual property right held by third parties, without the prior consent of the holder of the said property rights;

- contain electronic viruses which may disrupt, destroy or alter the Site's functions;

- argue in favour of crimes or contain illegal, threatening, paedophilic, pornographic, defamatory, obscene, hate, racist, anti-Semitic, xenophobic or revisionist messages or messages that are contrary to public order or public decency;

- infringe the privacy or violate the dignity of third parties;

- incite violence, fanaticism, crime, suicide or hatred due to religion, race, gender, sexual orientation or ethnicity;

- harass other Members with whom the Member may come into contact during discussions in the different communication spaces of the site;

- promote or encourage any criminal activity or undertaking;

- solicit and/or disclose passwords and/or personal information for commercial or illegal purposes;

- send chain emails, unsolicited mass mailings, instant messages, unwanted advertising messages or unsolicited mail;

- include advertisements and/or solicitations offering products and/or services for sale via the Site;

- contain addresses or hypertext links directing to external sites the content of which is contrary to the current laws and regulations, which violate the rights of third parties or which are contrary to these Terms and Conditions.
iv) The Member hereby undertakes not to make automatic use of electronic systems such as scripts in order to add friends to his personal profile and/or send comments or messages.
v) The Member declares that he is solely responsible for holding and keeping his password confidential and undertakes not to disclose his password to any other member at any time, nor use the account, username or password of another Member.

vi) The Member hereby undertakes to notify the COMPANY, in accordance with the alert system described below, of any fraudulent use of the Site of which he becomes aware and in particular of any message of which the content contravenes the stipulations listed above or more generally the current laws and regulations.

vii) The Member recognises that if his use of the Site contravenes these Terms of use and more generally the current laws and regulations, the COMPANY reserves the right to immediately and without notice de-register him from the Site's services and/or block his access to the Site.
i) Personal data collected on each Member is for the COMPANY's use.

This data shall be processed and used by the COMPANY in so far as required for the proper operation of the Site's services and is kept by the COMPANY as proof of the agreement. This data collected in accordance with these Terms and Conditions may not be disclosed by the COMPANY to third parties, except with the prior agreement of the Member.

ii) Parental authorisation is required to collect this data from any user wishing to register with the Site who is still a minor.

Therefore, the holder(s) of parental authority hereby agree(s) to guarantee that all the provisions of these Terms and Conditions are respected.

iii) In accordance with the provisions of Law No. 78-17 of 6 January 1978 on data processing, data files and individual liberties, as amended by Law No. 2004-801 of 6 August 2004, a declaration concerning the processing of information collected by the COMPANY was made to the Commission nationale de l'informatique et des libertés [National Commission on Information Technology and Liberties] (CNIL) (N° 1227247).

The Member has the right to access and correct his personal data. This right may be exercised at any time from his personal profile.

iv) In order to prevent personal information from being distorted, damaged or accessed by unauthorised third parties, the COMPANY hereby undertakes to do its utmost to guarantee the security of the personal information collected from Members.
i) The User declares that he is aware that the Recordings made available to him from the Site are protected by technical protection measures implemented by the COMPANY in order to prevent or limit, in so far as possible given the technical constraints in this area and the technology available, all uses of the Recordings not stipulated by these Terms and Conditions for Use.

ii) The User hereby undertakes not to use any technical measure which can circumvent the measures set up to prevent the Downloading of the Recordings made available to the public online from the Site, the purpose of which is to enable digital files reproducing a Recording to be stored permanently in the storage unit of his receiving terminal, of whatever kind it may be (PC, mobile telephone, portable media player, etc.), in order to listen individually to the Recordings without any limit on the number of times they are listened to or the reproduction on any other format and/or receiving terminal (physical and/or digital).

The User declares that he recognises that the act of knowingly circumventing a technical protection measure will lead to the risk, in accordance with the provisions of article L.335-4-1 of the Intellectual Property Code, of being required to pay a fine of 3,750 Euros, and the act of procuring or knowingly offering to others, directly or indirectly, any means designed or specially adapted to infringe a technical protective measure is punishable by a penalty of 6 months' imprisonment and a fine of 30,000 Euros.

iii) The COMPANY informs the User that it reserves the right to permanently block access to the Site by any User who has attempted more than 3 times to circumvent the technical protection measures implemented by the COMPANY to prevent the Downloading of the Recordings. An alert message may be displayed on the screen of a User who has tried to circumvent the technical measures in this way.

Subject to the prior intervention of any competent judiciary and/or administrative authority, the COMPANY reserves the right to disclose the identity of a User to any rights holder or beneficiary of digital exploitation rights for the Recordings made available to the User on and from the Site.
i) The COMPANY hereby warrants that it holds the authorisation required for the use of the Recordings under these Terms and Conditions and in particular the right to broadcast the Recordings to the public via the REMOTE PLAYER from the personal pages of Members, so that Internet users may listen to them, in such place and at such time as they choose, without a Download capability.

ii) Should legal proceedings or action be taken against the COMPANY due to a breach by a User of his obligations in application of these Terms and Conditions and/or the current legislation and regulations, the COMPANY will be entitled to take proceedings against the User and may call upon the User to join proceedings as a third party.

Should a User be found guilty of a violation of the current legislation or of infringing the rights of third parties, the COMPANY reserves the right to supply, at the request of any legitimate authority (court or tribunal, administrative authority, police services) any information that will enable or facilitate the identification of the offending User.

iii) It is expressly agreed that the COMPANY may not be held liable for any content stored by the Member on the Storage Space, over which the COMPANY exercises no control or supervision, except when, having become aware of the unlawful nature of such content, the COMPANY has failed to act promptly to withdraw it or make access impossible.

In order to aid in the fight against the reproduction of musical files of illicit origin and in particular files that are illegally downloaded by users via « peer-to-peer » networks, the COMPANY undertakes only to allow those Members to create a Storage Space who can guarantee the legality of the source (in particular legal downloading and commercially sold phonograms) of Member Files reproduced on the Storage Space.

iv) It is expressly agreed that the COMPANY may not be held liable for any reason for any content put online and distributed on the Site by Members.

v) It is expressly agreed that the COMPANY may not be held liable for any fraudulent use of the Recordings which may occur without its knowledge and in violation of these Terms of use and in particular for any illegal downloading of the Recordings.

vi) The COMPANY reserves the right to insert or to authorise any third party to insert in all pages of the Site, or in the REMOTE PLAYERS, advertising or promotional banners, and it shall not be held liable for the content of these advertising messages.

vii) It is expressly agreed that the COMPANY may not in any case be held liable for disputes which may arise between the Members of the Site.

viii) The COMPANY may not be held liable for technical problems that arise independently of its service such as maintenance or network problems due to the Internet access provider which lead to a temporary disruption of the network, and the User also accepts the constraints and limitations of the Internet network, in particular with regard to the sending of information via networks and threats to data.

ix) The COMPANY shall not be held liable for the disruption of links on the Site and the content of other sites to which the links on the Site and/or that have been inserted by Members on their personal space connect.
Each User has the ability to inform the COMPANY of any message the content of which contravenes, in particular, the prohibitions listed above or which constitutes illicit content, by sending the aforesaid message to the COMPANY at the following address: notification@deezer.com.

The User must in this case provide such information as will allow the individual or legal entity responsible for this content to be identified and the reasons why the content should be withdrawn from the Site.

Any person who considers that this User has violated one of his rights must inform the COMPANY (in accordance with article 6-1-5 of Law No. 2004-575 of 21 June 2004) by mail with acknowledgment of receipt, with all of the following information:

- the date of notification;
- the identity of the notifier: for an individual: family name, first name, date of birth, nationality, domicile and profession; for a legal entity: its form, COMPANY name, registered office and the body which legally represents it;
- a description of the facts in dispute and their exact location;
- the grounds on which the content should be withdrawn, including the applicable legal provisions and evidence of the facts;
- a copy of the correspondence sent to the User who was the author of the content or the activities in dispute, asking that they be discontinued, withdrawn or modified, or evidence that it has not been possible to contact the user.

The User is hereby informed that the COMPANY has the option, in accordance with its obligations as the host as defined by the provisions of the Law concerning confidence in the digital economy, of withdrawing any information or content, or making access to it impossible, as soon as it becomes aware of its manifestly illegal nature.
The general structure of the http://www.deezer.com Site and all the other elements contained in it (such as, in particular, logos, domain name and items associated with the Recordings, including photographs, images, texts and biographies of the authors, performing artists and/or any other party with rights in or to the Recordings, and the visuals of the packaging of the Recordings) are the exclusive property of the COMPANY, or advance authorisation has been obtained to use them.

Any full or partial representation of the Site and/or of the elements contained in it, by any method whatsoever, without the express authorisation of the COMPANY, is hereby forbidden and constitutes infringement penalised by articles L.335-2 et seq. of the Intellectual Property Code.
The User recognises that by accepting these Terms and Conditions he is authorising the COMPANY to install cookies on the hard disc of his computer in order to identify each of his connections and to provide each User with the functions best adapted to his needs.

The COMPANY gives the User the option of refusing the installation of cookies, and each User will therefore have the ability to modify the settings on his computer for this purpose. However, such modification is likely to alter the functions of the Site.
The Site includes hypertext links to third party sites, but the COMPANY may not be held liable on any grounds due to their content, and in particular advertisements, products, services and/or any other material available on and from these third party sites.
The COMPANY reserves the right to develop its services, in particular by providing new functions or by the modification and/or removal of functions currently available to the User from the Site.
The COMPANY reserves the right to permanently or temporarily de-register any Member or even definitively block all access to the Site by any User who contravenes the regulations set out in these Terms and Conditions for Use of the Site and the current legislation and regulations, and in who, in particular, engages in:

any act and/or attempt to bypass the technical protective measures for the Recordings and/or attempts to illicitly use the information concerning Members available on the Site;

the supply of false information at the time of registration for the Site's services;

commercial use of the REMOTE PLAYER on personal pages and/or more generally any improper use of the Site's services and in particular any use contrary to the terms of use for the Site's « COMMUNITY » space;
i) A Member may at any time cancel his registration on the Site by going to the MY PROFILE page.

Any de-registration from the Site will take effect immediately.

Any de-registration will lead to the deactivation of the Member's storage space and the deletion of the Member Files hosted by the COMPANY, and the Member shall be solely responsible for saving such files.

ii) If one the Site's services is suspended, the User shall be informed by the COMPANY by means of an information screen when connecting to the service.
These Terms and Conditions for Use are subject to French law.
Should any dispute arise, only the French courts in the jurisdiction of the Court of Appeal of Paris shall have the authority to resolve such disputes.