• Terms and Conditions of Use
• Offer Terms and Conditions of Use
• Terms and Conditions for the Deezer Service as distributed by its Partners
• Previous Terms and Conditions

Terms of Use

Terms and Conditions of Use

Article 1 – General

Welcome to the terms of use for the Deezer Service (hereinafter the “Terms”), which includes the website accessible at http://www.deezer.com (hereinafter the “Site”), and its desktop, tablet and mobile applications (hereinafter the “Application”).

The Site and Application are created, developed and operated by DEEZER S.A. (hereinafter “DEEZER”) a French corporation listed in the Trade and Companies Register under number 898 969 852, the registered office of which is located at 24 rue de Calais 75009 Paris – FRANCE.

To access and use the Deezer Service, the user (hereinafter the “Deezer User”) must (i) be at least 18 (eighteen) years old or 16 (sixteen) years old with the consent of a parent or legal guardian (ii) register and create a personal account and (iii) at the time of registration, accept these conditions of use (hereinafter the “Terms”) without reservation.

The use of the Site and Application is only authorized for a personal and private use, therefore any other use, particularly in public premises and for businesses, is strictly forbidden.

Article 2 – Access to and use of the Deezer Service

The use of the Deezer Service requires a high-speed Internet connection for personal computers and/or an Internet service for portable devices. These connections are not provided by DEEZER; therefore, the Deezer User must first have access to a high-speed Internet and/or mobile Internet connection in order to use the Deezer Service.

A mobile Internet connection via third, fourth or fifth generation (3G, 4G or 5G) mobile technology is highly recommended.

The content available as part of the Deezer Service, whether audio, video, audiovisual, photographic, illustrative, etc. in any format and of any type (hereinafter the “Content”), is linked to the agreements in force with the rights-holders and may therefore change. DEEZER cannot guarantee the availability of any given track or album or any artist or group or any piece of content in the Deezer Service catalogue.

Moreover, DEEZER cannot guarantee that any given Content in the Deezer Service catalogue will be available indefinitely. DEEZER assumes no liability for the withdrawal of any part of the Content made available.

Article 3 – Availability and modification of the Deezer Service

The Deezer Service can be accessed 24 (twenty-four) hours a day, 7 (seven) days a week, within the limits of the Terms and in particular the terms of Article 7 hereunder.

To the fullest extent permitted by applicable laws, DEEZER has the right to make any changes or improvements to the Deezer Service as it deems necessary.

In addition, DEEZER has the right to temporarily suspend access to the Deezer Service, without prior notice or compensation, where necessary to carry out maintenance or ensure continuity of the Deezer Service. DEEZER is also entitled to shut the Deezer Service down permanently with no compensation payable. Any permanent shutdown of the Deezer Service will be notified to the Deezer User.

Article 4 – Deezer User’s liability

i) Each Deezer User can post messages, information and/or comments on the Site or the Application. The Deezer User is liable for any messages, content or information published by him/her on the Site or Application; DEEZER is considered to be an Internet service-hosting provider only and cannot be held liable for the content published by the Deezer User on the Site or Application, over which DEEZER has no control or supervision.

To avoid being held liable, the Deezer User expressly agrees to ensure that any message published by him/her on the Site or Application complies with the following requirements (this list is not exhaustive):

– Does not infringe third party intellectual property rights; the Deezer User therefore agrees not to publish content on the Site or Application that is protected under copyright law, a registered trademark or more generally any content protected by any other intellectual property rights held by third parties without the prior consent of the owner or owners of said rights;

– Contains no computer virus able to interrupt, destroy or affect the Site or Application’s features;

– Does not encourage crime, violence, fanaticism, suicide or hatred criminal behavior or contain illegal or threatening messages or content of a pedophile, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic or revisionist nature or contrary to public order and good manners;

– Does not infringe any right to privacy or promote disrespect for human dignity;

– Does not harass other users;

– Does not promote or encourage any criminal activity or enterprise;

– Does not request and/or disclose passwords and/or personal information;

– 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 on the Site and Application;

– Contains no addresses or Internet links transferring to an external website the content of which violates any applicable law and/or regulation, infringes third party rights or is in breach of the Terms.

ii) The Deezer User agrees not to use any automated system such as scripts for the purpose of adding users to his/her user account and/or sending comments or messages.

iii) The Deezer User undertakes not to reproduce or extract works and other protected objects accessible on the Site and/or the Application (in particular by the use of scripts, robots or any other automated system) for the purposes of (i) text and data mining and/or (ii) training machine learning models or artificial intelligence models.

iv) The Deezer User is solely responsible for keeping his/her password safe and confidential; he/she further undertakes not to disclose his/her password at any time to any other user or use the account, name or password of any other user.

v) The Deezer User certifies the accuracy of the information given to DEEZER for his/her registration and agrees to notify any modification.

vi) Deezer is to remove any content published by a Deezer User if it has reason to think that such content could be deemed copyright infringement or contrary to the Terms or any applicable law.

vii) If the Deezer User breaches the applicable legislation or infringes any third-party rights, DEEZER has the right to provide any information enabling or facilitating the identification of the offender at the request of any legal authority (courts, administrative authorities and police forces).

viii) Finally, the Deezer User agrees to comply with all applicable export and re-export control standards, including applicable United States export and re-export control standards and similar applicable laws or regulations in other jurisdictions. In particular, the Deezer User is not authorized to use, transfer, export or re-export any product or service, including the recordings, made available to him/her from the Site and/or the Application, in the event that this would constitute an infringement to applicable standards, laws or regulations. The Deezer User further warrants that it is not subject to any economic sanctions or similar measures applied by (i) the United Nations, (ii) the government of the United States of America (including the Office of Foreign Assets Control (OFAC)), (iii) the United Kingdom, (iv) the European Union and its Member States, or (v) any other jurisdiction.

Article 5 – Disclaimer of warranties

The Deezer User declares that he/she understands the scope and limitations of the Internet network.

DEEZER disclaims any and all liability for any malfunction in access to the Deezer Service, the speed at which the pages of the Site and/or Application open and can be read, the listening speed of any tracks, the temporary or permanent inaccessibility of the Deezer Service, and the fraudulent use by third parties of the information provided on the Site or Application.

It is therefore the Deezer User’s duty to protect his/her equipment against any form of intrusion and/or virus contamination, for which DEEZER can never be held liable. DEEZER can never be held liable for any malfunction of or damage caused to the Deezer User’s device.

Deezer shall not be liable should the Deezer User’s device be incompatible with the Deezer Service.

More broadly, DEEZER disclaims any liability if a breach of any of its obligations results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor 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.

Finally, the Deezer User is solely liable for his/her use of the Deezer Service and cannot hold DEEZER liable for any claim and/or proceedings against him/her in this regard. The Deezer User shall be responsible for any claim, complaint or objection and more broadly any proceedings brought against DEEZER by a third party in relation to the Deezer User’s use of the Deezer Service.

Article 6 – Intellectual property

The general structure of the Site, the Application, the Deezer Service and all elements composing it (such as but not limited to the logos, trademarks, domain names, Content, and their associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the Content) are the exclusive property of DEEZER and/or its licensors (notably the record and video producers, the record companies, authors’ rights societies, etc.).

These elements are protected by intellectual property law and other laws. Any use any of these elements, unless for the purpose of using the Deezer Service, in accordance with the Terms, is strictly forbidden.

In particular, any reproduction and/or making available of all or part of the Site, the Application, the Deezer Service and/or the elements composing them (as described above), by any means is forbidden and would be treated as an infringement punishable by law.

Any hyperlink to the Site or Application and use of the “framing” technique (a programming technique that makes it possible to divide browser windows into separate frames in order to display the content of an external website) or the “in-line linking” technique (programming to make one element extracted from another site disappear into a web page, which saves storage space on the hard drive on which the Site or the Application is hosted and makes it possible to hide the initial content of which the element is part from an uninformed user) is strictly prohibited. Any unfair and/or fraudulent use of a DEEZER account (such as 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 Content is delivered as digital files protected by national and international intellectual property laws. They may only therefore be listened to within a private or family setting. Any use for a non-private purpose will render the Deezer User liable to civil and/or criminal proceedings. Any other use of the Content is strictly forbidden and more particularly any download or attempt to download, any transfer or attempt to transfer whether permanently or temporarily onto the hard drive of a computer or any other device (music players in particular), any ripping or burning or attempt to rip or burn any file or files onto a CD or any other medium is expressly forbidden. Any resale, exchange or renting of these files is strictly prohibited.

The Deezer User acknowledges that the Content made available to him/her within the Site and Application is protected by protective technical measures set up by DEEZER in order to prevent or limit, depending on the technology offered, the unauthorized use of the Content.

The Deezer User agrees not to bypass these protective technical measures by any means, for the purpose of downloading these files and enabling them to be stored on his/her reception terminal regardless of what that is (computer, mobile phone, music player or other portable music disc player, etc.).

DEEZER strictly forbids all operations of harvesting and mining of texts and data and any other Content accessible on the Site and/or the Application. This opposition covers the entire Site, the Application and the Content to which it gives access. All operations of harvesting and mining of texts and data targeting the Site, the Application and its Content, including by automated data collection devices, therefore constitute acts of counterfeiting unless a specific agreement formally expressed by DEEZER is obtained. The absence of metadata associated with the Site and/or the Application, directories of the Site and/or the Application, Contents of the Site and/or the Application has no impact on the exercise of the right of opposition expressed by these terms and conditions.

Article 7 – Suspension and/or cancellation initiated by DEEZER or the Deezer User

Without prejudice to any damages that DEEZER may claim, DEEZER has the right to suspend access to the Deezer Service by a Deezer User and/or cancel his/her subscription to the Deezer Service without notice or compensation, in the event that the Deezer User:

– Does not comply with the Terms and especially:

• Infringes DEEZER’s or any third-party’s intellectual property rights;
• Bypasses or attempts to bypass the protective technical measures set up by DEEZER, as mentioned in Article 6 above;
• Uses multiple simultaneous connections with the same account or attempts to do so;
• Uses a payment method that appears as no longer valid and/or active at any time during the subscription of the Deezer User;
• Provides false information at the time of his/her subscription to the Deezer Service;

– Carries on activities prejudicial to DEEZER’s commercial interests;

– Displays abusive behavior towards Deezer customer service (insulting, disrespectful, discriminatory remarks, any use of inappropriate language, harassment, etc.); or

– Breaches any applicable laws and/or regulations.

The Deezer User may delete his/her account at any time from the Site or Application through “My account”.

Article 8 – Absence of the right of withdrawal – period – renewal – cancellation – to the Deezer Service

8.1 No right of withdrawal (cooling-off period)

The Deezer User expressly recognizes and accepts that the supply of the Deezer Service starts at the time his/her subscription is confirmed and acknowledges that consequently he/she loses his/her right to withdraw from the subscription. Accordingly, no request for withdrawal, cancellation or refund will be accepted once the subscription is confirmed, to the fullest extent permitted by applicable laws.

8.2 Subscription Term

DEEZER offers a monthly renewable subscription (or for any other term depending on the offers made on the Site or the Application).

8.3 Renewal

Unless cancelled by the Deezer User pursuant to Article 7, and unless the Deezer User uses a non-recurring payment method, the subscription to the Service shall renew automatically for exactly the same duration as the initial term. For example, if the Deezer User subscribes to a monthly subscription, such subscription will be renewed automatically each month.

8.4 Cancellation

Where a subscription is made by the Deezer User directly from the Site or Application, in order to cancel his/her subscription the Deezer User must go to his/her account and click “Cancel my subscription”. Cancellation will be effective at the end of the current subscription period, if made at least 48 (forty-eight) hours before the end of the period.

Notwithstanding the above, for free trial offers proposed by DEEZER and requiring the provision of valid payment method, the termination requested by the Deezer User will take effect at the earliest on the same day as the termination carried out by the Deezer User. This action is irreversible and the Deezer User will not be able to subscribe again to the same free trial offer.

If the subscription was made by the Deezer User via a third-party (such as Apple for example), the Deezer User must first check the cancellation conditions for his/her subscription in the “My account” section of the Site, available here, then follow the instructions to cancel the subscription. The Deezer User should be aware that conditions (how to cancel, within what timeframe, etc.) may vary from one third-party platform to another.

8.5 Trial and Promotional offers

Some trials or promotional offers of the Deezer Service for a different duration may be offered on the Site or the Application, temporarily or otherwise. Unless stated otherwise, these trial and promotional offers will be subject to these Terms and will be limited to one subscription per physical person whatever the trial or promotional offer.

Certain trial or promotional offers are subject to the provision of payment details. Unless stated otherwise on the Site or Application or in the Terms, and unless the subscription is cancelled by the Deezer User at least 48 (forty-eight) hours before the conversion, any trial or promotional offer is automatically converted into a monthly subscription at the price stated in the offer or, otherwise, at the price applicable to the monthly subscription to the Deezer Service. Specific offer conditions shall apply.

For a trial or discovery period, the end of the period occurs at the date and time as indicated in the Deezer User’s account, unless stated otherwise on the Site.

Article 9 – Subscription to the Deezer Service

In order to subscribe to the Deezer Service, every Deezer User must:

– Be already registered, and logged in to the Site or Application;

– Pay the price for his/her subscription via one of the payment systems offered;

– Confirm his/her subscription; and

– Provide all necessary information for invoicing purposes where an invoice is required by applicable laws.

Subject to the other conditions of the Terms, subscription to the Deezer Service will become effective only once DEEZER sends the aforementioned confirmation email. DEEZER recommends that the Deezer User saves and/or prints out this email.

The Deezer User can change the password given on his/her account at any time by clicking the “My information” section.

The Deezer User agrees to inform DEEZER, without delay, of any change or update to the information provided at the time of subscribing to the Deezer Service and any change in his/her email address or bank details in particular. The Deezer User can change any of his/her information at any time on his/her account on the Site or Application by clicking the “My information” section.

The Deezer User must immediately inform DEEZER of any loss or unauthorized use of his/her account, identification details or password. The passwords and identification details are personal and the Deezer User undertakes not to disclose them. As a result, the Deezer User is solely responsible for their use.

The Deezer User is solely liable for the consequences arising from the misuse of his/her account by the Deezer User himself/herself or by a third party who has accessed the Deezer User’s account due to the Deezer User’s fault or negligence, and as a result, the Deezer User acknowledges that DEEZER and all its partners, co-contracting party(ies) or rights-holders cannot be held liable in this regard.

Article 10 – Price

The subscription price is stated on the Site or in the Application and is inclusive of all taxes except in Canada where the price is shown exclusive of all taxes.

DEEZER has the right to change the price of all subscription offers from time to time. DEEZER will inform each Deezer User by email to the address provided by the Deezer User at the time of registration to the Deezer Service (or as subsequently updated on his/her account) and/or by an in-app notification, of any price increase at least 30 (thirty) days before it comes into effect. If the Deezer User does not accept this increase, he/she can cancel his/her subscription pursuant to Article 7 above; such cancellation will come into effect on the next monthly subscription due date. If the Subscription is not cancelled, the new price will apply to the Deezer User from the following monthly subscription payment due date.

Any increase in the rate of VAT (Value Added Tax) will be passed on automatically and immediately in the price of the Deezer Service. The same will apply should a new tax be created, based on the price of the Deezer Service and applicable to DEEZER. The conditions for cancellation applicable in the event of a change in price of the Deezer Service mentioned above will apply under the same conditions in the event of a price change arising from an increase in or the creation of new taxes.

Deezer Users are reminded that the connection and communication (Internet) costs relating to the use of the Deezer Service are not borne by DEEZER and are payable solely by the Deezer User.

Article 11 – Payment

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

When using a credit card, the Deezer User declares that he/she is the owner of a credit card issued by a bank in the same country.

When using any other payment system, the Deezer User declares that he/she uses a payment system and/or account registered in the same country.

Depending on the subscription period chosen by the Deezer User, the subscription price is paid either monthly or annually. The first payment will be made at the time of subscription, and thereafter Deezer User will be automatically charged on a monthly or yearly basis until the subscription is cancelled, whether cancellation is initiated by the Deezer User or by DEEZER, as described in Article 7.

For optimized transaction security, DEEZER has chosen the payment systems of various companies with which it has entered into agreements. The warranties given by DEEZER in terms of transaction security are identical to those obtained by DEEZER from these payment service providers.

Unless the Deezer User provides evidence to the contrary, the computerized records kept within the computer systems of DEEZER and its partners in conditions of reasonable security will be treated as proof of communications, orders, validations and payments that have taken place between the Deezer User and DEEZER. This information shall be treated as valid proof between the Deezer User and DEEZER.

Article 12 – Amendments of the Terms

DEEZER has the right to amend the Terms at its sole discretion. DEEZER will inform the Deezer User by email to the email address given on the Deezer User’s account and/or by an in-app notification, of any amendments of the Terms at least 1 (one) month before they come into effect, to the fullest extent permitted by applicable laws. If the Deezer User does not accept these amendments, he/she will have to delete his/her account on the Site or Application as mentioned in Article 7 above. Unless the Deezer User deletes his/her account, the amended Terms will come into effect 1 (one) month following receipt of notification of the amendment of the Terms.

Article 13 – Customer Service and Deezer Community

13.1 Customer Service

As part of his/her access to and use of the Deezer Service, DEEZER provides the Deezer User with a customer support service that can answer any questions the Deezer User might have about his/her account and the services made available by DEEZER (the “Customer Service”).

The Deezer User will be able to request information about, for instance:

– his/her access to and use of the services provided by DEEZER;

– his/her account and changing his/her account information.

The Deezer User can contact DEEZER through the Site or Application by clicking on the “Contact us” section or writing to the following address:

Deezer
c/o Customer Service
24 rue de Calais 75009 Paris
FRANCE

Customer Service will make every effort to respond to such requests within a reasonable timeframe.

13.2 Deezer Community

As part of his/her access to and use of the Deezer Service, DEEZER also provides the Deezer User with an access to an online community, accessible through the deezercommunity.com website (the “Community”) where the Deezer User will notably be able to find information regarding the Deezer Service and interact with other Deezer Users.

As part of the Community, the Deezer User will in particular be able to:

– Consult and contribute to a forum through posts, reactions and comments;

– Post images, links and other content;

– Interact with other Deezer Users, DEEZER’s moderators, and/or Customer Service through comments and/or private messages.

Use of the Community is subject to acceptance of and compliance with its terms and conditions, available here: https://en.deezercommunity.com/site/terms.

Article 14 – Invalidity of any clause – Entire Agreement

Should any of the clauses of the Terms be deemed void for any reason, the remaining Terms will still apply without any modification, to the fullest extent permitted by applicable laws.

These Terms (including the Offer Terms and the Partners Terms) constitute the entire agreement between DEEZER and the Deezer User with respect to the subject matter hereof, and supersede all prior agreements and understandings of the parties, oral and written.

Article 15 – Jurisdiction – Claims and disputes

These Terms are governed by the law of the country where the Deezer User has his/her habitual residence.

Any claim relating to the application of these Terms must be emailed to Customer Service via the Site by clicking the link http://www.deezer.com/support, or sent by post to Deezer – Customer Service – 24 rue de Calais 75009 Paris – FRANCE.

For Deezer Users residing in a member state of the European Union, should a claim made by a Deezer User (i) has not been resolved by Customer Service or (ii) remain without response for more than 2 (two) months following receipt of the claim by Customer Service, the Deezer User may choose to submit the dispute to an out-of-court settlement procedure through the European platform for alternative and online dispute resolution at the following link: https://webgate.ec.europa.eu/odr/.

In the event of a dispute, the parties will try to reach an amicable agreement before any legal proceedings are initiated. If no amicable agreement can be reached, any claim regarding the validity, interpretation and/or execution of the Terms shall be brought before the court of the country where the Deezer User has his/her habitual residence.