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Terms of Use and Sale of the Extended Free Trial on Deezer Premium + Service (the “Terms”)

Article 1 – Generalities

The website DEEZER, which can be found at the address http://www.Deezer.com, is a publication created, developed and operated by BLOGMUSIK (hereinafter “Deezer”) a French corporation registered under n° B 495 246 308, with principal offices located 12 rue d'Athènes 75009 Paris, FRANCE.

Deezer offers a music on-demand service with a temporary download functionality through a paid subscription (hereinafter the “Premium + Service”) to which the Terms of Use and Sale as available on http://www.Deezer.com/legal/cgu (the “Terms of Use and Sale of the Premium + Service”) apply.

The Premium + Service is also accessible through a mobile application, owned and operated by Deezer (the “Deezer Application”).

The Terms only apply to the extended free trial of the Premium + Service (the “Extended Free Trial”) offered by Deezer for the customers of SAMSUNG ELECTRONICS (UK) LIMITED, (a company registered in England and Wales, with its registered office at Samsung House, 1000 Hillswood Drive, Chertsey, Surrey, KT16 0PS) (hereinafter “Samsung”) who are eligible to such Extended Free Trial and have subscribed to the Premium + Service following the conditions described below (the “Subscribers”).

The purpose of the Terms is to define the contractual relationship between Deezer, Samsung and the Subscriber in respect of the Extended Free Trial and in addition to the consent of the Subscriber on the Terms of Use and Sale of the Premium + Service.

For the avoidance of doubt, the subscription and access to the Extended Free Trial is subject to the prior acceptance, without any restriction or reservation, of these Terms and to the Terms of Use and Sale of the Premium + Service. In case of any contradictions between the Terms of Use and Sale of the Premium + Service and these Terms, the latter shall prevail.

Article 2 - Description of the Extended Free Trial

The Extended Free Trial is a trial of 3 consecutive months of the Premium + Service, as distributed by Deezer under the Terms of Use and Sale of the Premium + Service, offered to the Subscribers, free of charge.

Article 3 - Period of availability of the Extended Free Trial

The Extended Free Trial is available to the Subscribers who subscribe to the Premium + Service under the process described in Article 5 of these Terms, during the period from April 11th 2015 to April 10th 2016.

Article 4 - Eligibility to the Extended Free Trial

The Extended Free Trial is available only to:

(i) owners of one of the following Samsung devices: Galaxy S5, Galaxy S5 mini, Galaxy Note 4, Galaxy Tab S, Galaxy Tab 4, Galaxy K Zoom, Alpha, A series, Galaxy S6 and Galaxy S6 Edge (“Eligible Device”) and

(ii) who are resident in one of the following countries: Albania, Austria, Belgium, Bosnia, Bulgaria, Cyprus, Denmark, Estonia, Finland, Germany, Greece, Hungary, Iceland, Ireland, Italy, Lithuania, Luxembourg, Latvia, Macedonia, Malta, Montenegro, Netherlands, Norway, Poland, Portugal, Serbia, Spain, Sweden, Switzerland Turkey and United Kingdom and

(iii) who access the Deezer Application, pre-installed on their Eligible Device or downloaded from Samsung Apps or Google Play on their Eligible Device and

(iv) who subscribe to the Premium + Service through their Samsung account (the “Samsung Account”) and under the process described in Article 5 of these Terms.

The Extended Free Trial is not available to the Subscribers:

(i) who have already subscribed to the Premium Service or the Premium + Service distributed by Deezer directly or through a partner, or

(ii) who have previously received a free trial by entering their credit card information, as offered by Deezer directly or through a partner.

The Extended Free Trial is limited to one per Subscriber and is non-transferrable.

Article 5 - Access and activation of the Extended Free Trial

To access the Extended Free Trial, the Subscriber must have a Samsung Account which can be created before or during the subscription to the Premium + Service.

The Samsung Account can be created through the following link https://account.samsung.com. Creation of the Samsung Account requires internet access and is subject to the prior acceptance, without any restriction or reservation, of the Samsung Account Terms of Use (available at https://account.samsung.com/membership/terms) and to Samsung Privacy Policy (available at https://account.samsung.com/PP), both of which are incorporated by reference in these Terms.

To activate the Extended Free Trial, the Subscriber must follow these steps:

  • 1. Open the Deezer Application on an Eligible Device (having downloaded it first if necessary);
  • 2. Sign into their Deezer account or register as a new Deezer user and accept the Deezer Terms of Use and Sales (available at http://www.Deezer.com/legal/cgu);
  • 3. Follow the instructions and where prompted sign into their Samsung Account or register for a Samsung Account;
  • 4. Enter credit card information and accept these Terms in respect of the Extended Free Trial.

The Extended Free Trial will commence on the day the Subscriber completes the above steps.

Unless the Subscriber terminates the subscription under the terms of Article 7 of these Terms, before the end of the third consecutive month following the completion of the above activation process, the Extended Free Trial will be automatically transformed into a monthly paying subscription of the Premium + Service at that time, at the current price applicable to the monthly subscription of the Premium + Service; such subscription is tacitly and monthly renewed.

Article 6 – Price

It is reminded that the connection and communication (internet and mobile broadband) costs relating to the use of the Deezer Premium + Service are the responsibility of the Subscriber.

Article 7 - Termination

The Subscriber can terminate its subscription to the Premium + Service during or after the Extended Free Trial under the conditions provided in the Terms of Uses and Sale of the Premium + Service available at http://www.Deezer.com/legal/cgu.

Termination of the subscription will be effective at the end of the current month of subscription.

Article 8 - Liability

The Deezer Application and the Premium + Service are owned, operated and controlled by Deezer.

Samsung expressly disclaims any liability in connection with the Application, the Premium + Service or the use made by the Subscriber thereof.

Samsung will not be liable for any disruption to this Extended Free Trial, the Premium + Service, or for any failure of the Deezer Application or any Samsung services (including but not limited to any Samsung Account registration processes) to operate as expected, whether due to technical problems or otherwise, which is the result of the acts or omissions of a third party (including but not limited to Deezer) and/or beyond Samsung’s reasonable control.

By accepting these Terms, the Subscriber agrees to release Samsung from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Extended Free Trial (except death or personal injury caused by Samsung’s negligence, for fraud, or otherwise as prohibited by law).

The Samsung Account registration process, the Samsung devices and the related services are owned, operated and controlled by Samsung.

Deezer expressly disclaims any liability in connection with Samsung Account, the Samsung devices and the related service or the use made by the Subscriber thereof.

The liability and warranties of Deezer towards the Subscribers are provided under the Terms of Use and Sale of the Premium + Service.

The Subscriber is solely liable of his use of the Premium + Service during the Extended Free Trial and shall not hold Deezer or Samsung liable for any claim and/or complaint made against him. The Subscriber shall be solely responsible for all claims, complaints, objections and any proceedings filed against Deezer and/or Samsung by a third party in relation to his use of the Premium + Service during the Extended Free Trial.

Article 9 - General Terms

Except for the terms and conditions strictly related to the Extended Free Trial as provided by these Terms, the use of the Premium + Service by the Subscriber is subject to the Terms of Use and Sale of the Premium + Service.

In case one of the clauses of these Terms would be declared void or voidable for any reason, the other clauses will still apply without any modification.

Theses Terms are governed by the law applicable to the Subscriber.

In case of litigation, the parties will try to reach an agreement before any judicial proceeding. If no agreement can be reached, any claim regarding the validity, the interpretation and/or the execution of these Terms will have to be brought before the court where the Subscriber lives and thus even if there are multiple defenders or in case of guarantee enforcement.

Dated: April 11th, 2015

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