Terms of Use
Terms of Use of the Deezer Free Service
Article 1 – General remarks
Welcome to the Terms of Use of the Deezer Free Service 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 registered under number 511 716 573, with principal offices located at 24 rue de Calais 75009 Paris – FRANCE.
To access and use the Deezer Free Service, the user must (i) be at least 16 years old (ii) register and create a personal account and (iii) accept without any reserve, at the time of registration, the hereby conditions of use (including the Privacy Policy) (hereinafter the “Terms”).
The use of the Site and Application is only authorized for a personal and private use, therefore any other use, notably in public premises and businesses, is strictly forbidden.
Article 2 – Deezer Free Service presentation
The Deezer Free Service is an advertising funded service offering free of charge on-demand streaming of sound recordings and other musical and cultural content (such as podcasts, radios and in certain territories audiobooks) (hereinafter the “Recordings”) with no download or tethered download functionalities, with audio and display advertising, on any device (whether non-portable or portable) on an unlimited basis (the “Deezer Free Service”) to each registered user (hereinafter the “Deezer Free User”).
The Deezer Free Service includes personalized music, playlists and other content recommendations.
Streaming is possible track by track, by creating playlists, or via radios.
Article 3 – Access and use of the Deezer Free Service
The use of the Deezer Free 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 Deezer Free User must first subscribe to a high-speed Internet and/or an Internet for mobile offer in order to use the Deezer Free Service.
A connection to Internet for mobile through a third generation or fourth generation (3G or 4G) mobile technology norm is highly recommended.
The music catalog available, as part of the Deezer Free Service, is linked to the agreements in effect with the right holders and may therefore change. DEEZER cannot guarantee the availability of any determined track or album or any artist or group in the Deezer Free Service catalog.
Moreover, DEEZER cannot guarantee that any determined track, album, artist or group in the Deezer Free Service catalog will be indefinitely available. DEEZER can never be held liable for the removal of parts of the catalog content made available.
As a Deezer Free User, you can activate the Deezer Free Service on a personal computer (PC or Mac) and a compatible portable device. The Deezer Free Service is only accessible from one connection at a time (registered personal computer or compatible portable device). DEEZER has the technical means to verify the absence of multiple simultaneous connections on the same account and therefore detect multiple connections attempt.
Article 4 – Availability and modification of the Deezer Free Service
The Deezer Free Service can be accessed 24 hours a day and seven days a week, within the limit of the Terms and in particular the terms of article 7 hereunder.
However, DEEZER has the right to bring any modification and amelioration to the Deezer Free Service as it deems necessary. DEEZER nevertheless guarantees that it will not affect the quality or modify substantially the functionalities of the Deezer Free Service.
In addition, DEEZER has the right, without prior notice or compensation, to temporarily remove access to the Deezer Free Service if necessary in order to ensure the maintenance or continuity of the Deezer Free Service. DEEZER also has the right, without compensation, to definitely shut down the Service. Any final shutdown of the Deezer Free Service will be notified via the Site or via the Application.
Article 5 – Terms of access to the Deezer Free Service
The Deezer Free User declares being capable to accept the hereby Terms, which means that he/she has the legal required age and he/she is not under a legal protection measure (such as legal guardianship).
Article 6 – Deezer Free Users liability
i) Each Deezer Free User can post messages, information and/or comments on the Site and the desktop application. The Deezer Free User is liable for any messages, content or information published by himself on the Site or desktop application; DEEZER is only considered as an Internet service-hosting provider and cannot be held liable for the content published by the Deezer Free User on the Site or desktop application, and upon which DEEZER has no control or supervision.
The Deezer Free User expressly agrees, in order to avoid being held liable, that he/she will ensure that the messages published by him/her on the Site or desktop application do not, notably but not limited to:
- Constitute a violation of third-party intellectual property rights; therefore the member agrees not to publish, on the Site or desktop application, content 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;
- Contain any computer virus which can interrupt, destroy or affect the Site’s or desktop application’s functionalities;
- Glorify crimes or contain illegal or threatening messages or of a pedophile, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic, revisionist nature or against public orders and good manners;
- Infringe a right to privacy or violate the dignity of third parties;
- Encourage violence, fanaticism, crime, suicide, hate linked to religion, race, sex, sexual preferences, ethnicity;
- Harass other Users;
- Promote or encourage any criminal activity or enterprise;
- Request and/or communicate passwords and/or personal information for commercial or illegal purpose;
- Transmit emails chains, unsolicited massive emails, instant messages, advertising messages and spam messages;
- Contain advertisement and/or solicitation in order to offer products and/or services to sell through the Site;
- Contain addresses or Internet links transferring to external website which content violates any applicable law and/or regulation, infringes the rights of third parties or violates the Terms.
ii) The Deezer Free User agrees not to use any automatic system such as scripts in the purpose of adding Users to his/her User account and/or send comments or messages.
iii) The Deezer Free User is the sole responsible for the safekeeping and the privacy of his/her password and agrees not to communicate, at any time, his/her password to any other user nor use the account, name or password of any other user.
iv) The Deezer Free User certifies the accuracy of the information given to DEEZER for his/her registration and agrees to notify any modification.
v) The Deezer Free User recognizes that DEEZER has the right, in case his/her use of the Site or Application would violate the Terms and more broadly the right of third parties, laws and regulation in effect, to proceed immediately and without any notice to his/her suspension or dismissal from the Deezer Free Service and/or block his/her access to the Deezer Free Service.
vi) DEEZER has the right, in case the Deezer Free User would violate the legislation or infringe any third-parties rights, to provide upon request of any legitimate authority (courts, administrative authorities, and police forces), any information enabling or facilitating the identification of the offender.
Article 7 – Disclaimer of warranties
The Deezer Free User declares being informed of the confines and limitations of the Internet network.
As a result, DEEZER disclaims liability for any dysfunction in the Deezer Free Service’s access, the opening and consultation speed of the Site and/or Application’s pages, the listening speed of the tracks, the temporary or definitive inaccessibility of the Deezer Free Service, and the fraudulent use by third parties of the information provided on the Site or the Application.
Therefore, it is the Deezer Free User’s duty to protect his/her equipment notably against any form of intrusion and/or virus contamination and for which DEEZER can never be held liable. DEEZER can never be held liable of any dysfunction or damage caused to the Deezer Free User’s equipment.
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 prevent the good execution of the orders.
DEEZER disclaims liability in case the Deezer Free Service would turn out to be incompatible with certain equipment and/or functionalities of the equipment of the Deezer Free User.
Finally, the Deezer Free User is solely liable of his/her use of the Deezer Free Service and cannot hold DEEZER liable for any claim and/or procedure made against him/her in that respect. The Deezer Free User shall take in charge every claim, complaint or objection and more broadly any proceedings filed against DEEZER by a third party in relation to the Deezer Free User’s use of the Deezer Free Service.
Article 8 – Intellectual property
The general structure of the Site, the Application, the Deezer Free Service and all elements composing it (such as but not limited to the logos, domain names, tracks or videos, and there 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 society).
These elements are protected by intellectual property laws and others, and notably copyright. You can only use these elements for the purpose of using the Deezer Free Service, in compliance with the Terms.
Any total or partial representation of the Site, the Application, the Deezer Free Service and/or the elements composing them (as described above) by any means without the express consent of DEEZER is therefore forbidden and would be considered as infringement of the law.
Any hyperlink to the Site and using 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 disappear into a webpage one element extracted from another site, which saves stock space on the hard drive where the Site is hosted and enables to hide from an uninformed user the initial content of which the element is part) is strictly prohibited. Any artificial use of a Deezer account (such use for instance aiming at artificially or abnormally increase the plays of certain specific music tracks), via automated processes such as robots and scripts or via any other means, is strictly prohibited.
The Recordings on the Deezer Free Service are protected digital files by national and international copyright and neighboring rights. They may only therefore be listened to within a private or family setting. Any use for a non-private purpose will expose the Deezer Free User to civil and/or criminal proceedings. Any other use of the Recordings is strictly forbidden and more particularly any download or attempt to download, any transfer or attempt to transfer permanently or temporarily on the hard drive of a computer or any other device (notably music players), any burn or attempt to burn a CD or any other support are expressly forbidden. Any resale, exchange or renting of these files is strictly prohibited.
The Deezer Free User recognizes that the Recordings made available to him/her within the Site and Application are protected by technical protection measures set up by DEEZER in order to prevent or limit, depending on the technology offered, the unauthorized use of the Recordings.
The Deezer Free User agrees not to bypass, by any means, these technical protection measures, for the purpose of downloading these files and enable their storing within the storage unit of his/her reception terminal whatever it is (computer, mobile phone, music player and other portable music disc player, etc.).
Article 9 – Suspension and/or termination initiated by DEEZER or by a Deezer Free User
Without prejudice of any damages that DEEZER may seek, DEEZER has the right to suspend access to the Deezer Free Service of a Deezer Free User and/or terminate, without notice or compensation, his/her subscription to the Deezer Free Service in case:
- The Deezer Free User does not respect the Terms and notably:
o Infringes DEEZER or its licensors’ intellectual property rights;
o Bypasses or attempts to bypass the technical measures of protection set up by DEEZER;
o Uses multiple simultaneous connections with the same account or attempts to do so;
o Provides false information at the time of his/her subscription to the Deezer Free Service.
- Activities prejudicial to DEEZER’s commercial interests.
The Deezer Free Users can delete their account at any time from the Site through “My account”.
Article 10 – Modifications of the Terms
DEEZER has the right to modify in its sole discretion the Terms. DEEZER will inform the Deezer Free User, through an email at the email address given on the Deezer Free User’s account, of any modification of the Terms at least 1 (one) month prior to their entry into force. In case the Deezer Free User would not accept these modifications, he/she will be free to delete his/her account on the Site as mentioned in article 9 above. Unless the Deezer Free User deletes his/her account, the updated Terms shall apply starting from one (1) month upon receipt of notice of modification of the Terms.
Article 11 – Customer Service department
As part of his/her access and use of the Deezer Free Service, DEEZER provides to the Deezer Free User a community, accessible through the website deezercommunity.com (the “Community”) where the Deezer Free User will, notably, be able to find information regarding the Deezer Free Service and interact with other Deezer Free Users.
On the Community, the Deezer Free User will be able, notably, to:
- consult and participate to a forum through posts, reactions and comments;
- post images, links, and other content;
- interact with other Deezer Free Users, DEEZER’s moderators, and/or the Customer Service through comments and/or private messages.
Use of the Community is subject to the consent and compliance with its terms and conditions available here: https://en.deezercommunity.com/site/terms.
As part of his/her access and use of the Deezer Free Service, DEEZER also provides to the Deezer Free User a customer support service which can answer to questions the Deezer Free User may have on his/her account and on the Services made available by DEEZER (the “Customer Service”).
The Deezer Free User will be able, without this list being limitative, to ask information relating to:
- his/her access and use of the Services provided by DEEZER;
- his/her account and the modification of his/her account information.
The Deezer Free User can contact DEEZER through the Site by clicking on the section “Contact us” or by sending a mail to the following address:
Deezer
24 rue de Calais 75009 Paris
FRANCE
The Customer Support will use reasonable endeavors to respond to such requests in a reasonable timeframe but can make no guarantees or warranties of any kind that such requests shall be answered within a timeframe corresponding to the Deezer Free User’s expectations, or that the answer shall be entirely satisfactory for such Deezer Free User.
Article 12 – Nullity of a term
In case one of the clauses of the Terms would be declared void or voidable for any reason, the other clauses will still apply without any modification.
Article 13 – Jurisdiction – Claims and litigation
The present Terms are governed by the law of the country where the Deezer Free User has his/her habitual residence.
Any claim relating to the application of these Terms must be emailed to the Customer Service via the Site by clicking on the link http://www.deezer.com/support, or mailed to the address Deezer – Customer Service – 24 rue de Calais 75009 Paris – FRANCE, in order to be promptly processed.
For Deezer Free Users residing in a member state of the European Union, in the event the claim of a Deezer Free User would not be solved through the Customer Service or would remain without response within more than two (2) months after its reception by the Customer Service, the Deezer Free 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 case of litigation, the parties will try to reach an amicable agreement before any judicial proceeding. If no amicable agreement can be reached, any claim regarding the validity, the interpretation and/or the execution of the Terms shall be brought before the court of the country where the Deezer Free User has his/her habitual residence.
Terms of Use and Sale of the Deezer Web Service
Article 1 – General remarks
Welcome to the Terms of Use and Sale of the Deezer Web Service 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 registered under number 511 716 573, with principal offices located at 24 rue de Calais 75009 Paris – FRANCE.
The hereby conditions of use and sale (hereinafter the “Terms”) exclusively govern the Deezer Web Service provided by DEEZER. These conditions apply to the exclusion of any other terms, notably the ones in effect for other Services – free or paid – offered on the Site.
The purpose of the hereby Terms is to define the contractual and commercial relationship between DEEZER, on one hand, and any subscriber to the Deezer Web Service (hereinafter the “Subscriber”), on the other hand.
The use of the Site, the Application and of the Deezer Web Service is only authorized for a personal and private use, therefore any other use, notably in public premises and businesses, is strictly forbidden.
The subscription and access to the Deezer Web Service strictly depend on the prior consent without any restriction and reserve to all the Terms (including the Privacy Policy).
Article 2 – Deezer Web Service presentation
The Deezer Web Service is a service offered and operated by DEEZER enabling, by consenting to the hereby Terms, only from a personal computer, to listen to unlimited sound recordings and other musical and cultural content (such as podcasts, radios and in certain territories audiobooks) (hereinafter the “Recordings”) in high quality audio (than is made available through DEEZER’s other services, where available) and without any advertisement. As the Deezer Web Service is not accessible via DEEZER’s mobile and tablet applications, the Subscriber will only have access to the Deezer Free Service via these applications.
The Deezer Web Service includes personalized music, playlists and other content recommendations.
From the Site, and once he/she has subscribed, the Subscriber has access to all functionalities of the Deezer Web Service.
The main characteristics of the Deezer Web Service are the following:
- Unlimited access, to listen to the Recordings part of the Deezer Web Service;
- No advertisement;
- A high sound quality.
The Deezer Web Service is accessible to the Subscriber until the end of his/her subscription as indicated on the subscription page of the Site at the time of such subscription or termination of his/her subscription under the Terms hereunder.
Once the subscription is expired or terminated, the unlimited access and listening are not authorized anymore.
The Recordings can be streamed during the entire duration of the Subscription, but cannot be downloaded, transferred or burned on any support whatsoever.
DEEZER informs the Subscriber that it is not responsible of advertisements displayed within content provided and hosted by third parties and which can eventually be integrated and/or referenced within the Site.
Article 3 – Use of the Deezer Web Service
The use of the Deezer Web 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 service offer in order to use the Deezer Web Service.
The music catalog available, as part of the Deezer Web Service, is linked to the contracts in effect with the right holders and may therefore change. DEEZER cannot guarantee the availability of any determined track or album or any artist or group in the Deezer Web Service catalog. Moreover, DEEZER cannot guarantee that any determined track, album, artist or group in the Deezer Web Service catalog will be indefinitely available. DEEZER can never be held liable for the removal of parts of the catalog content offered.
As a Subscriber, the Subscriber can activate the Deezer Web Service on a personal computer (PC or Mac). The Deezer Web Service is only accessible from one connection at a time. DEEZER has the technical means to verify the absence of multiple simultaneous connections on the same account and therefore detect multiple connections attempt.
Article 4 – Availability and modification of the Deezer Web Service
The Deezer Web Service can be accessed 24 hours a day and 7 days a week, within the limit of the Terms and the terms of article 10 hereunder.
The Recordings made available within the Deezer Web Service are determined based on the country wherein the Subscriber has subscribed to the Deezer Web Service (his/her country of residence). In accordance with the EU Regulation 2017/1128 on cross-border portability of online content services in the internal market, any Subscriber who has subscribed to the Deezer Web Service from a state member of the European Union will have access to the same content in the same manner when using the Deezer Web Service while temporarily present in another member state, at no additional cost. However, DEEZER cannot guarantee the same quality of service as provided in the Subscriber’s country of residence.
Any Subscriber who has subscribed to the Deezer Web Service outside of the European Union will also be given access to the same content in the same manner when using the Deezer Web Service while temporarily present in another country, at no additional charges. However, DEEZER cannot guarantee the same quality of service as provided in the Subscriber’s country of residence.
DEEZER has the right to introduce any modification or improvement to the Deezer Web Service as it deems necessary. DEEZER nevertheless guarantees that it will not affect the quality or modify substantially the functionalities of the Deezer Web Service.
In addition, DEEZER has the right, without prior notice or compensation, to temporarily remove access to the Deezer Web Service, if necessary, in order to ensure its maintenance or its continuity. The Subscriber recognizes that DEEZER cannot be held liable and waives any right to compensation and/or action against DEEZER in that respect. The temporary interruptions of the Deezer Web Service will be, when possible, notified on the Site at least 24 (twenty-four) hours before they occur, unless they are urgent. DEEZER also has the right, without compensation, to definitely shut down the Deezer Web Service. Any final shutdown of the Deezer Web Service will be notified via the Site at least 1 (one) month before it occurs, the Subscriber will not owe any payment due from the date of the Deezer Web Service shutdown.
Article 5 – Absence of the right to revocation – duration – renewal – termination – upgrade to the Deezer Premium Service
5.1 No right of revocation
The Subscriber expressly recognizes and agrees that the supply of the Deezer Web Service starts at the time of validation of the subscription and acknowledges that he/she consequently loses his/her right to withdraw from the subscription. Accordingly, no request for revocation, cancellation or refund will be accepted after such validation.
5.2 Duration
DEEZER offers a monthly subscription (or any other duration depending on the offers made on the Site). Some trial or discovery periods of the Deezer Web Service of different duration may be offered on the Site, temporarily or not. Unless otherwise indicated, these trial and discovery periods will be submitted to the hereby Terms and will be limited to one subscription (same IP address (Internet Protocol) and/or same email address) no matter the trial or discovery offer concerned.
5.3 Renewal
Except terminated by the Subscriber within the provisions of article 5.4 and except in case of non-recurring payment method used by the Subscriber, the subscription to the Service is tacitly renewed for the exact same duration than the initial one. Therefore, if the Subscriber subscribes to a monthly subscription, such subscription will be automatically renewed each month.
Unless otherwise indicated on the Site or in the Terms and except terminated by the Subscriber in compliance with the provisions of article 5.4, any trial or discovery offer is automatically converted into a monthly subscription at the price indicated in the offer or, otherwise, at the price applicable to the monthly subscription of the Deezer Web Service.
5.4 Termination
If the subscription was purchased directly from the Site, in order to terminate his/her subscription, the Subscriber must go to his/her account and click on “Cancel my subscription”. Termination will be effective at the end of the current subscription period, if requested at least 48 (forty-eight) hours in advance. For a trial or discovery period, termination occurs on the date and hour of termination as indicated in the Subscriber’s account, unless otherwise indicated on the Site.
If the subscription was purchased via a third-party website (such as iTunes for example), the Subscriber must first check the termination conditions of his/her subscription in the section “My account” on the Site, then follow the instructions to terminate the subscription. The Subscriber should be aware that conditions (how to terminate, within what timeframe, etc.) may vary from one third-party platform to another.
5.5 Upgrade to the Deezer Premium Service
In case the Subscriber switches from the Deezer Web Service to the Deezer Premium Service, the upgrade will take effect immediately as authorized by DEEZER. Henceforth, DEEZER will immediately charge the Subscriber for the newly activated Deezer Premium Service subscription, regardless of whether the subscription period for the Deezer Web Service has come to an end or not, meaning that if the Subscriber is upgrading to the Deezer Premium Service during the Deezer Web Service subscription period, DEEZER will charge the Subscriber for both Services until the Subscriber terminates his/her subscription to the Deezer Web Service.
There will be no refund of the price paid for the Deezer Premium Service subscription due to the upgrade.
Article 6 – Terms of access to the Deezer Web Service
The Subscriber declares being capable to accept the hereby Terms, which means that he/she has the legal required age and is not under a legal protection measure (such as legal guardianship).
The Subscriber declares that he/she is a resident in a country where the Deezer Web Service is available and that he/she is the owner of a credit card issued by a bank in the same country.
Article 7 – Creation of an account
In order to subscribe to the Deezer Web Service, every Subscriber must:
- Create an account on the Site or, if the Subscriber is already registered, log into the Site;
- Provide the information requested in the subscription form;
- Give his/her consent to the Terms;
- Pay the price for his/her subscription through one of the payment systems offered;
- Confirm his/her subscription.
The Subscriber agrees to provide true, accurate and sincere information on him/her in connection with his/her registration on the Site and the Deezer Web Service.
Once his/her registration has been validated, DEEZER will send to the Subscriber a confirmation email at the email address given at the time of registration.
Subject to the other conditions of the Terms, the subscription to the Deezer Web Service will only become effective when DEEZER sends the confirmation email mentioned above. DEEZER recommends the Subscriber to save and/or print this email.
The Subscriber can modify the password given on his/her account at any time by clicking on the section “My information”.
The Subscriber agrees to inform DEEZER, without delay, of any modification or update in the information provided at the time of his/her subscription to the Deezer Web Service and notably any modification of his/her email address or bank details. The Subscriber can modify any of his/her information at any time on his/her account on the Site by clicking on the section “My information”.
The Subscriber must immediately inform DEEZER of any loss or unauthorized use of his/her account, his/her identification details or his/her password. The passwords and identification details are personal and the Subscriber agrees not to communicate them. As a result, the Subscriber is solely responsible for their use.
The Subscriber is solely liable for the consequences due to the misuse of his/her account by the Subscriber himself/herself or by a third party who has accessed the Subscriber’s account due to the Subscriber’s fault or negligence, and as a result, the Subscriber recognizes that DEEZER and all its partners, co-contracting party or right holders cannot be held liable in that respect.
Article 8 – Price
The subscription price is indicated on the Site and includes all taxes.
DEEZER has the right to modify the price of every subscription offer from time to time. DEEZER will inform each Subscriber through an email to the address provided by the Subscriber at the time of subscription to the Deezer Web Service (or as updated later in his/her account) of any price increase at least 15 (fifteen) days before it becomes effective. In case the Subscriber does not accept this increase, he/she can terminate his/her subscription, as provided under article 5.4 above, this termination will be effective at the following monthly subscription due date. If the Subscription is not terminated, the new price will be applicable to the Subscriber starting from the following monthly subscription payment due date.
Any increase of the VAT (Value Added Tax) will be impacted automatically and immediately on the Deezer Web Service’s price. It will be the same in case of the creation of a new tax that will be based on the price of the Deezer Web Service and applicable to DEEZER. The conditions of termination applicable in case of modification of the Deezer Web Service’s price mentioned above, will apply in the same conditions in case of a price modification resulting from the increase or creation of new taxes.
It is reminded that the connection and communication (Internet) costs relating to the use of the Deezer Web Service are not supported by DEEZER and must be supported only by the Subscriber.
Article 9 – Payment of the price
Different payment methods are offered on the Site (credit cards, prepaid cards, PayPal and/or other payment methods).
Depending on the duration of the subscription chosen by the Subscriber, the Subscription price is paid monthly or annually. The first payment will be made at the time of subscription and then at the beginning of each month or year, by direct debit, until termination of the subscription, whether the termination initiates from the Subscriber or DEEZER.
In order to optimize the security of the transactions, DEEZER has chosen the payment systems of different companies with which it has entered into agreements. The guarantees provided by DEEZER in term of transactions security are identical to the ones obtained by DEEZER from these payment service providers.
Except in the case of proof to the contrary, the computerized records, kept within the DEEZER computer systems and its partners’ within reasonable security conditions, will be considered as proof of communications, orders, validations and payments which occurred between the Subscriber and DEEZER. This information shall be considered as valid proof between the Subscriber and DEEZER unless the Subscriber can provide conflicting written proof.
Article 10 – Subscriber liability
i) Each Subscriber can post messages, information and/or comments on the Site and the desktop application. The Subscriber is solely liable for any messages, content or information published by himself/herself on the Site or desktop application; DEEZER is only considered as an Internet service hosting provider and cannot be held liable for the content published by the users on the Site or desktop application and upon which DEEZER has no control or supervision.
The Subscriber expressly agrees, in order to avoid being held liable, that he/she will ensure that the messages published by him/her on the Site or desktop application do not, notably but not limited to:
- Constitute a violation of third-party intellectual property rights; therefore the Subscriber agrees not to publish, on the Site or desktop application, content 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;
- Contain any computer virus which can interrupt, destroy or affect the Site’s or desktop application’s functionalities;
- Glorify crimes or contain illegal or threatening messages or of a pedophile, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic, revisionist nature or against public orders and good manners;
- Infringe a right to privacy or violate the dignity of third parties;
- Encourage violence, fanaticism, crime, suicide, hate linked to religion, race, sex, sexual preferences, ethnicity;
- Harass other Users;
- Promote or encourage any criminal activity or enterprise;
- Request and/or communicate passwords and/or personal information for commercial or illegal purpose;
- Transmit emails chains, unsolicited massive emails, instant messages, advertising messages and spam messages;
- Contain advertisement and/or solicitation in order to offer products and/or services to sell through the Site;
- Contain addresses or Internet links transferring to external website which content violates any applicable law and/or regulation, infringes the rights of third parties or violates the Terms.
ii) The Subscriber agrees not to use any automatic system such as scripts in the purpose of adding Users to his/her User account and/or send comments or messages.
iii) DEEZER has the right, in case the Subscriber violates any laws or infringes any rights of third parties, to provide upon request of any legitimate authority (courts, administrative authorities, and police forces), any information enabling or facilitating the identification of the offender.
Article 11 – Disclaimer of warranties
The Subscriber declares being informed of the confines and limitations of the Internet network.
As a result, DEEZER disclaims any liability for any dysfunction in the Deezer Web Service access, the opening and consultation speed of the Site pages, the listening speed of the tracks, the temporary or definitive inaccessibility of the Deezer Web 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/her equipment notably against any form of intrusion and/or virus contamination and for which DEEZER can never be held liable. DEEZER can never be held liable of any dysfunction or damage caused to the Subscriber’s equipment.
More broadly, DEEZER disclaims any liability if a breach of any obligation results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, 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 prevent the good execution of the orders.
DEEZER disclaims any liability in case the Deezer Web Service would turn out to be incompatible with certain equipment and/or functionalities of the Subscriber’s equipment.
Finally, the Subscriber is solely liable of his/her use of the Deezer Web Service and cannot hold DEEZER liable for any claim and/or procedure made against him/her in that respect. The Subscriber shall take in charge every claim, complaint or objection and more broadly any proceedings filed against DEEZER by a third party in relation to the Subscriber’s use of the Deezer Web Service.
Article 12 – Intellectual property
The general structure of the Site, the Application, the Deezer Web Service and all elements composing it (such as but not limited to the logos, domain names, tracks or videos, and there 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 society).
These elements are protected by intellectual property laws and others, and notably copyright. The Subscriber can only use these elements for the purpose of using the Deezer Web Service, in compliance with the Terms.
Any total or partial representation of the Site, the Application, the Deezer Web Service and/or the elements composing them (as described above) by any means without the express consent of DEEZER is therefore forbidden and would be considered as infringement of the law.
Any hyperlink to the Site and using 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 disappear into a webpage one element extracted from another site, which saves stock space on the hard drive where the Site is hosted and enables to hide from an uninformed user the initial content of which the element is part) is strictly prohibited. Any artificial use of a Deezer account (such use for instance aiming at artificially or abnormally increase the plays of certain specific music tracks), via automated processes such as robots and scripts or via any other means, is strictly prohibited.
The Recordings made available within the Deezer Web Service are numerical files protected by national and international copyright and neighboring rights. They may only therefore be listened to within a private or family setting. Any use for a non-private purpose will expose the Subscriber to civil and/or criminal proceedings. Any other use of the Recordings is strictly forbidden and more particularly any download or attempt to download, any transfer or attempt to transfer permanently or temporarily on the hard drive of a computer or any other device (notably music players), any burn or attempt to burn a CD or any other support are expressly forbidden. Any resale, exchange or renting of these files is strictly prohibited.
The Subscriber recognizes that the Recordings made available to him/her within the Site and Application are protected by technical protection measures set up by DEEZER in order to prevent or limit, depending on the technology offered, the unauthorized use of the Recordings.
The Subscriber agrees not to bypass, by any means, these technical protection measures, for the purpose of downloading these files and enabling their storing within the storage unit of his/her reception terminal whatever it is (computer, mobile phone, music player and other portable music disc player, etc.).
Article 13 – Suspension and/or termination initiated by DEEZER or the Subscriber
Without prejudice of any damages that DEEZER may seek, DEEZER has the right to suspend access to the Deezer Web Service to a Subscriber and/or terminate, without notice or compensation, his/her subscription to the Deezer Web Service in case:
- The Subscriber does not respect the Terms and notably:
- Does not respect the intellectual property rights of DEEZER or its licensors;
- Bypasses or attempts to bypass the technical measures of protection set up by DEEZER;
- Uses multiple simultaneous connections to the same account or attempts to do so;
- Provides false information at the time of his/her subscription to the Deezer Web Service or later.
- Total or partial default of payment by the Subscriber of the price of his/her subscription.
- Activities prejudicial to DEEZER’s commercial interests.
As far as the Subscriber is concerned, he/she will be able to terminate, without notice nor compensation to the benefit of DEEZER, his/her contract or subscription if DEEZER breaches its substantial obligations defined in the Terms or with a legitimate reason such as, notably, his/her computer being stolen or technical inconsistency of the Deezer Web Service with the Subscriber’s equipments.
Article 14 – Modifications of the Terms
DEEZER has the right to modify in its sole discretion the Terms. DEEZER will inform the Subscriber, through an email at the email address given on the Subscriber’s account, of any modification of the Terms at least 1 (one) month prior to their entry into force. In case the Subscriber does not accept these modifications, he/she will be free to terminate his/her subscription from his/her account on the Site as mentioned in article 5.4 above, this termination becoming effective at the next monthly subscription due date. In case the Subscriber does not terminate his/her subscription, the updated Terms will therefore apply starting from 1 (one) month upon receipt of the notice of modification of the Terms.
Article 15 – Community and Customer Service
As part of his/her access and use of the Deezer Web Service, DEEZER provides to the Subscriber a community, accessible through the website deezercommunity.com (the “Community”) where the Subscriber will, notably, be able to find information regarding the Deezer Web Service and interact with other Subscribers.
On the Community, the Subscriber will be able, notably, to:
- consult and participate to a forum through posts, reactions and comments;
- post images, links, and other content;
- interact with other Subscribers, DEEZER’s moderators, and/or the Customer Service through comments and/or private messages.
Use of the Community is subject to the consent and compliance with its terms and conditions available here: https://en.deezercommunity.com/site/terms.
As part of his/her access and use of the Deezer Web Service, DEEZER also provides to the Subscriber a customer support service which can answer to questions the Subscriber may have on his/her account and on the Services made available by DEEZER (the “Customer Service”).
The Subscriber will be able, without this list being limitative, to ask information relating to:
- his/her access and use of the Services provided by DEEZER;
- his/her account and the modification of his/her account information;
- his/her subscriptions and payments.
The Subscriber can contact DEEZER through the Site by clicking on the section “Contact us” or by sending a mail to the following address:
Deezer
24 rue de Calais 75009 Paris
FRANCE
The Customer Support will use reasonable endeavors to respond to such requests in a reasonable timeframe but can make no guarantees or warranties of any kind that such requests shall be answered within a timeframe corresponding to the Subscriber’s expectations, or that the answer shall be entirely satisfactory for such Subscriber.
Article 16 – Nullity of a term
In case one of the clauses of the Terms would be declared void or voidable for any reason, the other clauses will still apply without any modification.
Article 17 – Jurisdiction – Claims and litigation
The Terms are governed by the law of the country wherein the Subscriber has his/her habitual residence.
Any claim relating to the application of these Terms of Use must be emailed to our Customer Service via the Site by clicking on the link http://www.deezer.com/support, or mailed to the address Deezer – Customer Service – 24 rue de Calais 75009 Paris – FRANCE, in order to be promptly processed.
For Subscribers residing in a member state of the European Union, in the event the claim would not be solved through Customer Service or would remain without response within more than two (2) months after its reception by Customer Service, the Subscriber 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 litigation, the parties will try to reach an amicable agreement before any judicial proceeding. If no amicable agreement can be reached, any claim regarding the validity, the interpretation and/or the execution of the Terms will have to be brought before the court where the Subscriber has his/her habitual residence.
Terms of Use and Sale of the Deezer HiFi Service
Article 1 – General remarks
Welcome to the Terms of Use and Sale of the Deezer HiFi Service 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 registered under number 511 716 573, with principal offices located at 24 rue de Calais 75009 Paris – FRANCE.
The hereby conditions of use and sale (hereinafter the “Terms”) exclusively govern the Deezer HiFi Service provided by DEEZER. These conditions apply to the exclusion of any other terms, notably the ones in effect for other Services – free or paid – offered on the Site or the Application.
The purpose of the hereby Terms is to define the contractual and commercial relationship between DEEZER, on one hand, and any subscriber to the Deezer HiFi Service (hereinafter the “Subscriber”), on the other hand.
The use of the Site and of the Deezer HiFi Service is only authorized for a personal and private use, therefore any other use, notably in public premises and businesses, is strictly forbidden.
The subscription and access to the Deezer HiFi Service strictly depend on the prior consent without any restriction and reserve to all the Terms (including the Privacy Policy).
Article 2 – Deezer HiFi Service presentation
The Deezer HiFi Service is a service offered and operated by DEEZER enabling, by consenting to the hereby Terms, to listen to unlimited sound recordings and other musical and cultural content (such as podcasts, radios and in certain territories audiobooks) (hereinafter the “Recordings”) in higher audio quality (than is made available through DEEZER’s other services, where available) and without any advertisement, on multiple devices and in “Offline Mode” as described hereunder.
The Deezer HiFi Service includes personalized music, playlists, and other content recommendations.
From the Site or the Application, and once he/she has subscribed, the Subscriber has access to all functionalities of the Deezer HiFi Service.
The main characteristics of the Deezer HiFi Service are the following:
- Unlimited access, for the purpose of temporary download on three authorized devices (non-portable or portable devices) the Recordings part of the Deezer HiFi Service music catalog, in order to then listen to them when offline;
- No advertisement;
- A majority of the music tracks available are in the following format: FLAC audio bitstream data (CD quality, 16 bits, stereo, 44,1 kHz).
The Deezer HiFi Service can be used on limited compatible devices. The list of these devices can be found here.
The Deezer HiFi Service is accessible to the Subscriber until the end of his/her subscription as indicated on the subscription page of the Site at the time of such subscription or termination of his/her subscription under the Terms hereunder.
The Deezer HiFi Service is accessible from a personal computer (PC or Mac) by connecting to the Site or desktop application or from a portable device through the Application which needs to be downloaded by the Subscriber. The Deezer HiFi Service is also accessible without any Internet connection, by clicking on the “Offline Mode” button of the Application.
By using the Offline Mode, the Subscriber can only access to the Recordings and playlists that he/she has previously temporarily downloaded, from the Application, on its device (non-portable or portable device).
The temporary downloading of Recordings or playlists is possible through the Offline Mode button which appears on the pages of the Application. The downloaded tracks can then be listened without any Internet connection or at a minimum 3G/4G mobile technology during the entire duration of the Subscription, but cannot however be transferred or burned on any support whatsoever.
DEEZER informs the Subscriber that it is not responsible of advertisements displayed within content provided and hosted by third parties and which can eventually be integrated and/or referenced within the Site or the Application.
Article 3 – Use of the Deezer HiFi Service
The use of the Deezer HiFi Service requires a high-speed Internet connection and an Internet service for portable devices. These connections are not provided by DEEZER, therefore the Subscriber must first subscribe to a high-speed Internet and/or an Internet for mobile offer in order to use the Service.
A connection to Internet for mobile through a third generation or fourth generation (3G or 4G) mobile technology norm is highly recommended.
The music catalog available, as part of the Deezer HiFi Service, is linked to the contracts in effect with the right holders and may therefore change. DEEZER cannot guarantee the availability of any determined track or album or any artist or group in the Deezer HiFi Service catalog. Moreover, DEEZER cannot guarantee that any determined track, album, artist or group in the Deezer HiFi Service catalog will be indefinitely available. DEEZER can never be held liable for the removal of parts of the catalog content offered.
As a Subscriber, you can activate the Deezer HiFi Service on a personal computer (PC or Mac) and a compatible portable device registered with the Deezer HiFi Service. The Deezer HiFi Service is only accessible from one connection at a time (personal computer or compatible portable device registered). DEEZER has the technical means to verify the absence of multiple simultaneous connections on the same account and therefore detect multiple connections attempt.
Article 4 – Availability and modification of the Deezer HiFi Service
The Deezer HiFi Service can be accessed 24 hours a day and 7 days a week, within the limit of the Terms and the terms of article 10 hereunder.
The Recordings made available within the Deezer HiFi Service are determined based on the country wherein the Subscriber has subscribed to the Deezer HiFi Service (his/her country of residence). In accordance with the EU Regulation 2017/1128 on cross-border portability of online content services in the internal market, any Subscriber who has subscribed to the Deezer HiFi Service from a state member of the European Union will have access to the same content in the same manner when using the Deezer HiFi Service while temporarily present in another member state, at no additional cost. However, DEEZER cannot guarantee the same quality of service as provided in the Subscriber’s country of residence.
Any Subscriber who has subscribed to the Deezer HiFi Service outside of the European Union will also be given access to the same content in the same manner when using the Deezer HiFi Service while temporarily present in another country, at no additional charges. However, DEEZER cannot guarantee the same quality of service as provided in the Subscriber’s country of residence.
DEEZER has the right to introduce any modification or improvement to the Deezer HiFi Service as it deems necessary. DEEZER nevertheless guarantees that it will not affect the quality or modify substantially the functionalities of the Deezer HiFi Service.
In addition, DEEZER has the right, without prior notice or compensation, to temporarily remove access to the Deezer HiFi Service if necessary in order to ensure its maintenance or its continuity. The Subscriber recognizes that DEEZER cannot be held liable and waives any right to compensation and/or action against DEEZER in that respect. The temporary interruptions of the Deezer HiFi Service will be, when possible, notified on the Site at least 24 (twenty-four) hours before they occur, unless they are urgent. DEEZER also has the right, without compensation, to definitely shut down the Service. Any final shutdown of the Deezer HiFi Service will be notified via the Site or via the Application at least 1 (one) month before it occurs, the Subscriber will not owe any payment due from the date of the Deezer HiFi Service shutdown.
Article 5 – Absence of the right to revocation – duration – renewal – termination – upgrade to the Deezer HiFi Service
5.1 No right of revocation
The Subscriber expressly recognizes and agrees that the supply of the Deezer HiFi Service starts at the time of validation of the subscription and acknowledges that he/she consequently loses his/her right to withdraw from the subscription. Accordingly, no request for revocation, cancellation or refund will be accepted after such validation.
5.2 Duration – Trials and discovery offers
DEEZER offers a monthly subscription (or any other duration depending on the offers made on the Site or the Application).
Some trial or discovery periods of the Deezer HiFi Service of different duration may be offered on the Site or the Application, temporarily or not. Unless otherwise indicated, these trial and discovery periods will be submitted to the hereby Terms and will be limited to one subscription (same IP address (Internet Protocol) and/or same email address) no matter the trial or discovery offer concerned.
5.3 Renewal
Except terminated by the Subscriber within the provisions of article 5.4 and except in case of non-recurring payment method used by the Subscriber, the subscription to the Service is tacitly renewed for the exact same duration than the initial one. Therefore, if the Subscriber subscribes to a monthly subscription, such subscription will be automatically renewed each month.
Certain trial or discovery offers are subject to the provision of credit card details in order to benefit from such offer. Unless otherwise indicated on the Site or the Application or in the Terms and except terminated by the Subscriber in compliance with the provisions of article 5.4, any trial or discovery offer is automatically converted into a monthly subscription at the price indicated in the offer or, otherwise, at the price applicable to the monthly subscription of the Deezer HiFi Service.
5.4 Termination
If the subscription was purchased directly from the Site or Application, in order to terminate his/her subscription the Subscriber must go to his/her account and click on “Cancel my subscription”. Termination will be effective at the end of the current subscription period, if requested at least 48 (forty-eight) hours in advance. For a trial or discovery period, termination occurs on the date and hour of termination as indicated in the Subscriber’s account, unless otherwise indicated on the Site.
If the subscription was purchased via a third-party website (such as iTunes for example), the Subscriber must first check the termination conditions of his/her subscription in the section “My account” on the Site, then follow the instructions to terminate the subscription. The Subscriber should be aware that conditions (how to terminate, within what timeframe, etc.) may vary from one third-party platform to another.
5.5 Upgrade to the Deezer HiFi Service
In case the Subscriber switches from the Deezer Web Service or Deezer Premium Service to the Deezer HiFi Service, the upgrade will take effect immediately as authorized by DEEZER. Henceforth, DEEZER will immediately charge the Subscriber for the newly activated Deezer HiFi Service subscription, regardless of whether the subscription period for the Deezer Web Service or Deezer Premium Service has come to an end or not, meaning that if the Subscriber is upgrading to the Deezer HiFi Service during the Deezer Web Service or Deezer Premium Service subscription period, DEEZER will charge the Subscriber for both Services until the Subscriber terminates his/her subscription to the Deezer Web Service or Deezer Premium Service.
There will be no refund of the price paid for the Deezer Web or Deezer Premium Service subscription due to the upgrade.
Article 6 – Terms of access to the Deezer HiFi Service
The Subscriber declares being capable to accept the hereby Terms, which means that he/she has the legal required age and is not under a legal protection measure (such as legal guardianship).
The Subscriber declares that he/she is a resident in a country where the Deezer HiFi Service is available and that he/she is the owner of a credit card issued by a bank in the same country.
Article 7 – Creation of an account
In order to subscribe to the Deezer HiFi Service, every Subscriber must:
- Create an account on the Site or download and create an account on the Application or, if the Subscriber is already registered, log into the Site or into the Application;
- Provide the information requested in the subscription form;
- Give his/her consent to the Terms;
- Pay the price for his/her subscription through one of the payment systems offered;
- Confirm his/her subscription.
The Subscriber agrees to provide true, accurate and sincere information on him/her in connection with his/her registration on the Site, the Application and the Deezer HiFi Service.
Once his/her registration has been validated, DEEZER will send to the Subscriber a confirmation email at the email address given at the time of registration.
Subject to the other conditions of the Terms, the subscription to the Deezer HiFi Service will only become effective when DEEZER sends the confirmation email mentioned above. DEEZER recommends the Subscriber to save and/or print this email.
The Subscriber can modify the password given on his/her account at any time by clicking on the section “My information”.
he Subscriber agrees to inform DEEZER, without delay, of any modification or update in the information provided at the time of his/her subscription to the Deezer HiFi Service and notably any modification of his/her email address or bank details. The Subscriber can modify any of his/her information at any time on his/her account on the Site by clicking on the section “My information”.
The Subscriber must immediately inform DEEZER of any loss or unauthorized use of his/her account, his/her identification details or his/her password. The passwords and identification details are personal and the Subscriber agrees not to communicate them. As a result, the Subscriber is solely responsible for their use.
The Subscriber is solely liable for the consequences due to the misuse of his/her account by the Subscriber himself/herself or by a third party who has accessed the Subscriber’s account due to the Subscriber’s fault or negligence, and as a result, the Subscriber recognizes that DEEZER and all its partners, co-contracting party or right holders cannot be held liable in that respect.
Article 8 – Price
The subscription price is indicated on the Site or in the Application and includes all taxes.
DEEZER has the right to modify the price of every subscription offer from time to time. DEEZER will inform each Subscriber through an email to the address provided by the Subscriber at the time of subscription to the Deezer HiFi Service (or as updated later in his/her account) of any price increase at least 15 (fifteen) days before it becomes effective. In case the Subscriber does not accept this increase, he/she can terminate his/her subscription as provided under article 5.4 above, this termination will be effective at the following monthly subscription due date. If the Subscription is not terminated, the new price will be applicable to the Subscriber starting from the following monthly subscription payment due date.
Any increase of the VAT (Value Added Tax) will be impacted automatically and immediately on the Deezer HiFi Service’s price. It will be the same in case of the creation of a new tax that will be based on the price of the Deezer HiFi Service and applicable to DEEZER. The conditions of termination applicable in case of modification of the Deezer HiFi Service’s price mentioned above, will apply in the same conditions in case of a price modification resulting from the increase or creation of new taxes.
It is reminded that the connection and communication (Internet) costs relating to the use of the Deezer HiFi Service are not supported by DEEZER and must be supported only by the Subscriber.
Article 9 – Payment of the price
Different payment methods are offered on the Site (credit cards, prepaid cards, PayPal and/or other payment methods).
Depending on the duration of the subscription chosen by the Subscriber, the Subscription price is paid monthly or annually. The first payment will be made at the time of subscription and then at the beginning of each month or year, by direct debit, until termination of the subscription, whether the termination initiates from the Subscriber or DEEZER.
In order to optimize the security of the transactions, DEEZER has chosen the payment systems of different companies with which it has entered into agreements. The guarantees provided by DEEZER in term of transactions security are identical to the ones obtained by DEEZER from these payment service providers.
Except in the case of proof to the contrary, the computerized records, kept within the DEEZER computer systems and its partners’ within reasonable security conditions, will be considered as proof of communications, orders, validations and payments which occurred between the Subscriber and DEEZER. This information shall be considered as valid proof between the Subscriber and DEEZER unless the Subscriber can provide conflicting written proof.
Article 10 – Subscriber liability
i) Each Subscriber can post messages, information and/or comments on the Site and the desktop application. The Subscriber is solely liable for any messages, content or information published by himself/herself on the Site or desktop application; DEEZER is only considered as an Internet service hosting provider and cannot be held liable for the content published by the users on the Site or desktop application and upon which DEEZER has no control or supervision.
The Subscriber expressly agrees, in order to avoid being held liable, that he/she will ensure that the messages published by him/her on the Site or desktop application do not, notably but not limited to:
- Constitute a violation of third-party intellectual property rights; therefore the Subscriber agrees not to publish, on the Site or desktop application, content 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;
- Contain any computer virus which can interrupt, destroy or affect the Site’s or desktop application’s functionalities;
- Glorify crimes or contain illegal or threatening messages or of a pedophile, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic, revisionist nature or against public orders and good manners;
- Infringe a right to privacy or violate the dignity of third parties;
- Encourage violence, fanaticism, crime, suicide, hate linked to religion, race, sex, sexual preferences, ethnicity;
- Harass other Users;
- Promote or encourage any criminal activity or enterprise;
- Request and/or communicate passwords and/or personal information for commercial or illegal purpose;
- Transmit emails chains, unsolicited massive emails, instant messages, advertising messages and spam messages;
- Contain advertisement and/or solicitation in order to offer products and/or services to sell through the Site or the Application;
- Contain addresses or Internet links transferring to external website which content violates any applicable law and/or regulation, infringes the rights of third parties or violates the Terms.
ii) The Subscriber agrees not to use any automatic system such as scripts in the purpose of adding Users to his/her User account and/or send comments or messages.
iii) DEEZER has the right, in case the Subscriber violates any laws or infringes any rights of third parties, to provide upon request of any legitimate authority (courts, administrative authorities, and police forces), any information enabling or facilitating the identification of the offender.
Article 11 – Disclaimer of warranties
The Subscriber declares being informed of the confines and limitations of the Internet network.
As a result, DEEZER disclaims liability for any dysfunction in the Deezer HiFi Service access, the opening and consultation speed of the Site or the Application pages, the listening speed of the tracks, the temporary or definitive inaccessibility of the Deezer HiFi Service, and the fraudulent use by third parties of the information provided on the Site or the Application.
Therefore, it is the Subscriber’s duty to protect his/her equipment notably against any form of intrusion and/or virus contamination and for which DEEZER can never be held liable. DEEZER can never be held liable of any dysfunction or damage caused to the Subscriber’s equipment.
More broadly, DEEZER disclaims any liability if a breach of any obligation results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, 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 prevent the good execution of the orders.
DEEZER disclaims liability in case the Deezer HiFi Service would turn out to be incompatible with certain equipment and/or functionalities of the equipment of the Subscriber.
Finally, the Subscriber is solely liable of his/her use of the Service and cannot hold DEEZER liable for any claim and/or procedure made against him/her in that respect. The Subscriber shall take in charge every claim, complaint or objection and more broadly any proceedings filed against DEEZER by a third party in relation to the Subscriber’s use of the Deezer HiFi Service.
Article 12 – Intellectual property
The general structure of the Site, the Application, the Deezer HiFi Service and all elements composing it (such as but not limited to the logos, domain names, tracks or videos, and there 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 society).
These elements are protected by intellectual property laws and others, and notably copyright. The Subscriber can only use these elements for the purpose of using the Deezer HiFi Service, in compliance with the Terms.
Any total or partial representation of the Site, the Application, the Deezer HiFi Service and/or the elements composing them (as described above) by any means without the express consent of DEEZER is therefore forbidden and would be considered as infringement of the law.
Any hyperlink to the Site and using 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 disappear into a webpage one element extracted from another site, which saves stock space on the hard drive where the Site is hosted and enables to hide from an uninformed user the initial content of which the element is part) is strictly prohibited. Any artificial use of a Deezer account (such use for instance aiming at artificially or abnormally increase the plays of certain specific music tracks), via automated processes such as robots and scripts or via any other means, is strictly prohibited.
The Recordings made available within the Deezer HiFi Service are numerical files protected by national and international copyright and neighboring rights. They may only therefore be listened to within a private or family setting. Any use for a non-private purpose will expose the Subscriber to civil and/or criminal proceedings. Any other use of the Recordings is strictly forbidden and more particularly any download or attempt to download, any transfer or attempt to transfer permanently or temporarily on the hard drive of a computer or any other device (notably music players), any burn or attempt to burn a CD or any other support are expressly forbidden. Any resale, exchange or renting of these files is strictly prohibited.
The Subscriber recognizes that the Recordings made available to him/her within the Site and Application are protected by technical protection measures set up by DEEZER in order to prevent or limit, depending on the technology offered, the unauthorized use of the Recordings.
The Subscriber agrees not to bypass, by any means, these technical protection measures, for the purpose of downloading these files and enabling their storing within the storage unit of his/her reception terminal whatever it is (computer, mobile phone, music player and other portable music disc player, etc.).
Article 13 – Suspension and/or termination initiated by DEEZER or the Subscriber
Without prejudice of any damages that DEEZER may seek, DEEZER has the right to suspend access to the Deezer HiFi Service to a Subscriber and/or terminate, without notice or compensation, his/her subscription to the Deezer HiFi Service in case:
- The Subscriber does not respect the Terms and notably:
- Does not respect the intellectual property rights of DEEZER or its licensors;
- Bypasses or attempts to bypass the technical measures of protection set up by DEEZER;
- Uses multiple simultaneous connections to the same account or attempts to do so;
- Provides false information at the time of his/her subscription to the Deezer HiFi Service or later.
- Total or partial default of payment by the Subscriber of the price of his/her subscription.
- Activities prejudicial to DEEZER’s commercial interests.
As far as the Subscriber is concerned, he/she will be able to terminate, without notice nor compensation to the benefit of DEEZER, his/her contract or subscription if DEEZER breaches its substantial obligations defined in the Terms or with a legitimate reason such as, notably, his/her computer being stolen or technical inconsistency of the Deezer HiFi Service with the Subscriber’s equipment.
Article 14 – Modifications of the Terms
DEEZER has the right to modify in its sole discretion the Terms. DEEZER will inform the Subscriber, through an email at the email address given on the Subscriber’s account, of any modification of the Terms at least 1 (one) month prior to their entry into force. In case the Subscriber does not accept these modifications, he/she will be free to terminate his/her subscription from his/her account on the Site as mentioned in article 5.4 above, this termination becoming effective at the next monthly subscription due date. In case the Subscriber does not terminate his/her subscription, the updated Terms will therefore apply starting from 1 (one) month upon receipt of the notice of modification of the Terms.
Article 15 – Community and Customer Service
As part of his/her access and use of the Deezer HiFi Service, DEEZER provides to the Subscriber a community, accessible through the website deezercommunity.com (the “Community”) where the Subscriber will, notably, be able to find information regarding the Deezer HiFi Service and interact with other Subscribers.
On the Community, the Subscriber will be able, notably, to:
- consult and participate to a forum through posts, reactions and comments;
- post images, links, and other content;
- interact with other Subscribers, DEEZER’s moderators, and/or the Customer Service through comments and/or private messages.
Use of the Community is subject to the consent and compliance with its terms and conditions available here: https://en.deezercommunity.com/site/terms.
As part of his/her access and use of the Deezer HiFi Service, DEEZER also provides to the Subscriber a customer support service which can answer to questions the Subscriber may have on his/her account and on the Services made available by DEEZER (the “Customer Service”).
The Subscriber will be able, without this list being limitative, to ask information relating to:
- his/her access and use of the Services provided by DEEZER;
- his/her account and the modification of his/her account information;
- his/her subscriptions and payments.
The Subscriber can contact DEEZER through the Site by clicking on the section “Contact us” or by sending a mail to the following address:
Deezer
24 rue de Calais 75009 Paris
FRANCE
The Customer Support will use reasonable endeavors to respond to such requests in a reasonable timeframe but can make no guarantees or warranties of any kind that such requests shall be answered within a timeframe corresponding to the Subscriber’s expectations, or that the answer shall be entirely satisfactory for such Subscriber.
Article 16 – Nullity of a term
In case one of the clauses of the Terms would be declared void or voidable for any reason, the other clauses will still apply without any modification.
Article 17 – Jurisdiction – Claims and litigation
The Terms are governed by the law of the country wherein the Subscriber has his/ her habitual residence.
Any claim relating to the application of these Terms of Use must be emailed to our Customer Service via the Site by clicking on the link http://www.deezer.com/support, or mailed to the address Deezer – Customer Service – 24 rue de Calais 75009 Paris – FRANCE, in order to be promptly processed.
For Subscribers residing in a member state of the European Union, in the event the claim would not be solved through Customer Service or would remain without response within more than two (2) months after its reception by Customer Service, the Subscriber 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 litigation, the parties will try to reach an amicable agreement before any judicial proceeding. If no amicable agreement can be reached, any claim regarding the validity, the interpretation and/or the execution of the Terms will have to be brought before the court where the Subscriber has his/her habitual residence.
Terms of Use of the Radio by Deezer Service
Article 1 – General remarks
Welcome to the Terms of Use of the Radio by Deezer Service, a software application for tablet mobile, set top boxes and other consumer electronic devices, offering access to radio stations.
The Radio by Deezer Service is created, developed and operated by Deezer S.A. (hereinafter “DEEZER”) a French corporation registered under number 511 716 573, with principal offices located at 24 rue de Calais 75009 Paris – FRANCE.
To access and use the Radio by Deezer Service, the user must (i) be at least 16 years old and (ii) accept without any reserve, at the time of download and installation of the Radio by Deezer Service, the hereby conditions of use (including the Privacy Policy which is incorporated in the present Terms of Use) (hereinafter the “Terms”).
The use of the Application is only authorized for a personal and private use, therefore any other use, notably in public premises and businesses, is strictly forbidden.
Article 2 – Radio by Deezer Service description
The Radio by Deezer Service is a software application, with no login required, offering access to radio stations (hereinafter the “Radio Content”) for the purposes of live radio streaming, on portable devices on an unlimited basis (the “Radio by Deezer Service” or “Service”) to each user for its personal and private use (hereinafter the “User”). The User has the ability to create a Deezer account and/or log in to his/her existing Deezer account via the Radio by Deezer Service (hereinafter the “Registered User”) to access certain features only available to Registered Users.
Article 3 – Access and use of the Radio by Deezer Service
The use of the Radio by Deezer Service requires an Internet service for portable devices. These connections are not provided by DEEZER, therefore the User must first subscribe to an Internet for mobile offer in order to use the Radio by Deezer Service. The User is solely responsible for checking with his/her mobile carrier to determine if the Service is available or if any restrictions or costs are applicable to his/her use of the Service.
A connection to Internet for mobile through a third generation or fourth generation (3G or 4G) mobile technology norm is highly recommended.
Article 4 – Availability and modification of the Radio by Deezer Service
DEEZER may at its sole discretion and from time to time change, add, or remove features, content and functionality made available through the Radio by Deezer Service without prior notice or compensation.
In addition, DEEZER reserves the right, without prior notice or compensation, to temporarily discontinue at any time and at its sole discretion access to the Radio by Deezer Service or any part of the Service. DEEZER also has the right, without compensation, to definitely shut down the Service. Any final shutdown of the Radio by Deezer Service will be notified via the Application.
The radios available, as part of the Radio by Deezer Service, are linked to the availability of the Radio Content on their respective platforms and may therefore change. DEEZER cannot guarantee the availability of any determined radios in the Radio by Deezer Service.
Moreover, DEEZER cannot guarantee that any determined radios in the Radio by Deezer Service will be indefinitely available. DEEZER can never be held liable for the removal of parts of the Radio Content made available.
Article 5 – User liability
i) The User agrees not to use any automatic system such as scripts in the purpose of adding users to his/her user account.
ii) The User recognizes that DEEZER has the right, in case his/her use of the Application would violate the Terms and more broadly the right of third parties, laws and regulation in effect, to proceed immediately and without any notice to his/her suspension or dismissal from the Radio by Deezer Service and/or block his/her access to the Radio by Deezer Service.
iii) DEEZER has the right, in case the User would violate the legislation or infringe any third-parties rights, to provide upon request of any legitimate authority (courts, administrative authorities, and police forces), any information enabling or facilitating the identification of the offender.
Article 6 – Disclaimer of warranties
The User declares being informed of the confines and limitations of the Internet network.
As a result, DEEZER disclaims liability for any dysfunction in the Radio by Deezer Service’s access, the opening and consultation speed of Radio by the Deezer Service’s pages, the listening speed of the Radio Content, the temporary or definitive inaccessibility of the Radio by Deezer Service, and the fraudulent use by third parties of the information provided on the Radio by Deezer Service.
Therefore, it is the User’s duty to protect his/her equipment notably against any form of intrusion and/or virus contamination and for which DEEZER can never be held liable. DEEZER can never be held liable of any dysfunction or damage caused to the User’s equipment.
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 prevent the good execution of the orders.
DEEZER disclaims liability in case the Radio by Deezer Service would turn out to be incompatible with certain equipment and/or functionalities of the equipment of the User.
Finally, the User is solely liable of his/her use of the Radio by Deezer Service and cannot hold DEEZER liable for any claim and/or procedure made against him/her in that respect. The User shall take in charge every claim, complaint or objection and more broadly any proceedings filed against DEEZER by a third-party in relation to the User’s use of the Radio by Deezer Service in breach of the present Terms.
Article 7 – Intellectual property
The general structure of the Radio by Deezer Service and elements composing it (such as but not limited to the logos, domain names, the photos, images, texts) are the exclusive property of DEEZER and/or third-party providers (hereinafter the “Third Parties”), in particular, the Radio Content and its associated elements (such as but not limited to the logos, domain names, audio and their associated elements such as the photos, images, texts), (hereinafter the “Third-Party Content”), are the exclusive property of Third-Parties. These elements are protected by intellectual property laws and others, and notably copyright. You can only use these elements for the purpose of using the Radio by Deezer Service, in compliance with the Terms.
Any total or partial representation of the Radio by Deezer Service and/or the elements composing it (as described above) by any means, without the express consent of DEEZER and/or Third Parties, is therefore forbidden and would be considered as infringement of the law.
You may not reproduce, modify, distribute, display, publish, transmit, communicate to the public, make available, broadcast, create derivative works from, publicly perform and otherwise use and exploit (hereinafter, collectively “Use”) any part, element, content of the Radio by Deezer Service.
The Third-Party Content is owned and controlled by third-party transmitting entities and DEEZER gives access to the Third-Party Content through the Service by using information location tools, such as directory, index, references, pointers and/or hypertext links. DEEZER has therefore no control over the Third-Party Content and is not responsible for any part of such content made available by Third-Parties.
Article 8 – Suspension and/or termination initiated by DEEZER or by a User
Without prejudice of any damages that DEEZER may seek, DEEZER has the right to suspend access to the Radio by Deezer Service of a User, without notice or compensation, in case:
- The User does not respect the Terms and notably:
- Infringes DEEZER or third-parties’ intellectual property rights;
- Bypasses or attempts to bypass the technical measures of protection set up by DEEZER.
- Activities prejudicial to DEEZER’s commercial interests.
Article 9 – Modifications of the Terms
DEEZER has the right to modify in its sole discretion the Terms (hereinafter the “Updated and Applicable Terms”). Upon his/her use of the Radio by Deezer Service, the User shall be notified of the Updated and Applicable Terms and accept such Updated and Applicable Terms to continue to use the Radio By Deezer Service. The Updated and Applicable Terms shall always be made available and accessible to the User within the Radio by Deezer Service.
Article 10 – Customer Service department
As part of his/her access and use of the Radio by Deezer Service, DEEZER also provides to the Registered User a customer support service which can answer to questions the Registered User may have on his/her account and on the Service made available by DEEZER (the “Customer Service”).
The Registered User will be able, without this list being limitative, to ask information relating to:
- his/her access and use of the Service provided by DEEZER;
- his/her account and the modification of his/her account information.
The Registered User can contact DEEZER through the Site by clicking on the section “Contact us” or by sending a mail to the following address:
Deezer
Customer Service
24 rue de Calais 75009 Paris
FRANCE
The Customer Support will use reasonable endeavors to respond to such requests in a reasonable timeframe but can make no guarantees or warranties of any kind that such requests shall be answered within a timeframe corresponding to the Registered User’s expectations, or that the answer shall be entirely satisfactory for such Registered User.
Article 11 – Nullity of a term
In case one of the clauses of the Terms would be declared void or voidable for any reason, the other clauses will still apply without any modification.
Article 12 – Jurisdiction – Claims and litigation
The present Terms are governed by the law of the country where the User has his/her habitual residence.
Any claim relating to the application of these Terms must be emailed to the Customer Service via the Site by clicking on the link http://www.deezer.com/support, or mailed to the address Deezer – Customer Service – 24 rue de Calais 75009 Paris – FRANCE, in order to be promptly processed.
For Users residing in a member state of the European Union, in the event the claim of a User would not be solved through the Customer Service or would remain without response within more than two (2) months after its reception by the Customer Service, the 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 case of litigation, the parties will try to reach an amicable agreement before any judicial proceeding. If no amicable agreement can be reached, any claim regarding the validity, the interpretation and/or the execution of the Terms shall be brought before the court of the country where the User has his/her habitual residence.
Terms of use of Deezer for Developers
The web site http://www.deezer.com (hereinafter the “Site”) is an interactive and social musical website, edited by Deezer.
Deezer SA is a French corporation with a share capital of 277,847.46 euros, registered under number 511 716 573, with its principal offices located at 24 rue de Calais 75009 Paris, FRANCE.
Deezer is hereinafter referred to as “DEEZER” for these terms (hereinafter the “Terms”).
I. SERVICES DESCRIPTION
The Site offers the possibility for any developer (hereinafter the “Developer”) to access free of charge the DEEZER application programming interface (hereinafter the “DEEZER API”) and the DEEZER plugins, widgets and exportable player (hereinafter the “DEEZER Plugins”) in order to customize his personal site and/or develop personal web pages, blog (hereinafter the “Webpages”) and personal applications (hereinafter “Personal Applications”) providing access to all textual, visual, audio and any other content that may be provided by DEEZER from time to time (altogether hereinafter the “Content”).
Access both to the DEEZER API and to DEEZER Plugins (altogether hereinafter the “Services”) is strictly subordinate to the acceptance without any reserve and the respect of the present Terms by every developer.
The Developer, by accepting this Terms, enters into a legally binding agreement with DEEZER to abide by the same.
DEEZER has the right to amend these Terms for any reason at any time without any prior notice or liability to the Developer. The latest updated version available at www.deezer.com/developers/ will be binding upon the Developer immediately upon posting.
II. ACCESS TO THE SERVICES
Access to the DEEZER API
a) Upon the acceptance of these Terms, the Developer shall be granted a free access to the DEEZER API in order to develop Webpages and/or Personal Applications.
Access to the DEEZER API shall be provided to the Developer on the Site following the process indicated at the following URL: http://www.deezer.com/developers/simpleapi.
It is specified that, regarding the access to the DEEZER API, are full part of this Terms the Trademark Guidelines provided by DEEZER at: http://www.deezer.com/developers/simpleapi regarding the use of DEEZER’s logos.
Furthermore, beyond the mandatory Trademark Guidelines, DEEZER provides Developer, at the same address, with a non-mandatory document, the Graphical Toolkit, which explains how to reproduce DEEZER’s visual identity and look and feel.
The DEEZER API shall provide access to the following contents: Album, Artist, Comment, Editorial, Playlist, Radio, Search, Track, User, and any other contents displayed by DEEZER from time to time.
The Developer recognizes that it shall be granted no right upon the DEEZER API, the Personal Application that it shall develop and the Content of the Services.
b) Developer agrees that DEEZER may set up technical measures which permit to oversee Developer’s use of the DEEZER API and compliance with the Terms.
c) Developer agrees that DEEZER has the right at any time for any reason and at its own discretion to modify, restrict or remove Developer access to the DEEZER API and to the Site, without any prior notice or liability to the Developer.
Use of the DEEZER Plugins
Upon the acceptance of these Terms, the Developer shall be granted a free and unlimited access to the DEEZER Plugins in order to integrate them into Webpages and/or Personal Applications.
Access to the DEEZER API shall be provided to the Developer on the Site following the process indicated at the following URL: http://www.deezer.com/developers/musicplugins
The Developer recognizes that it shall be granted no right upon the DEEZER Plugins and the Content provided by DEEZER, which remains at any time exclusive property of DEEZER or its right holders.
Developer agrees that DEEZER has the right at any time for any reason and at its own discretion to modify, restrict or remove Developer access to the DEEZER Plugins and to the Site, without any prior notice or liability to the Developer.
III. DEVELOPER WARRANTY
Developer warrants and represents to DEEZER that he:
1) Provides true and complete information to DEEZER when creating a Developer account on the Site.
2) Possesses all rights, licenses or any other authorizations or permissions necessary to develop his Webpage and/or Personal Applications.
3) Will not modify, edit, disassemble, decompile or reverse-engineer the DEEZER API or any part of the Services.
4) Will comply with all local and international laws and regulations, including, all applicable intellectual property and data protection laws, especially by implementing standards of privacy and confidentiality when using any part of the DEEZER Services.
5) Will ensure that his Webpage and/or Personal Applications in which the Services are used abide by public order and good manners (i.e. is not defamatory, obscene, injurious, ateful, discriminatory or sexual explicit), and more broadly do not infringe effective laws and regulations.
6) Will not use the Services in any way or on any website that is associated or promotes in whatever manner the illegal or unauthorized use, streaming, download, or sharing of music and associated elements content, including but not limited to the Content provided by DEEZER.
7) Will indemnify, and keep DEEZER, its affiliates, licensees, assigns, successors, customers, users, all third-party advertisers, right-holders, technology providers and service providers, and each of their respective employees, directors and representatives, fully and effectively indemnified from and against any and all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all reasonable professional costs and expenses), suffered or incurred by one of the persons listed above arising out of or in connection with any claims, actions or proceedings which arise out of or are related to: (i) the Developer’s access, retrieval and use of the Services; (ii) any breach by Developer of the warranties contained in this Section III; and (iii) violation by Developer of any provision of the Terms.
IV. NON-COMMERCIAL USE
The Developer agrees that the use of the Services is strictly limited for a non-commercial purpose and in a non-commercial environment.
It means that the Developer shall not perceive, receive, generate, benefit or create directly or indirectly, any moneys, incomes, revenues, data or any other consideration in connection with the use of neither the Services themselves, nor any and all Content accessed through the Services.
Furthermore, It means both the Services and the Content accessed through the Services, shall not be associated, directly or indirectly with any trademark, brand name, or logo.
The Developer acknowledges that only users registered with a Premium+ account on the Site can access and listen to the full length recordings through the Webpages and/or Personal Applications developed by the Developer, which are otherwise accessible only up to 30 seconds
The Developer undertakes to inform by any means any person accessing the Content through the Webpages and/or Personal Applications of its conditions of use and notably that the streaming of the recordings is limited to a strictly private use within a family scope.
The use of the Content is limited to a strictly private use within a family scope.
V. DIGITAL RIGHTS MANAGEMENT
The Developer recognizes that the Content are protected by Digital Rights Managements (DRM), set up by DEEZER, in order to prevent or limit, depending on the technology offered, the unauthorized use of the Content.
The Developer undertakes not to bypass, by any means, these measures, for the purpose of downloading the Content, or more broadly using the Content in violation of the present Terms.
The Developer is informed that DEEZER will remove the access to the Services, and to the Site to any Developer in case of any bypass by the Developer or any third party of the DRM or any other unauthorized use of the Content in the Services.
Subject to the prior request of any judicial and/or administrative authority, DEEZER has the right to communicate the identity of the offender to any owner and/or right holder on the Content.
VI. DISCLAIMER AND LIMITATION OF LIABILITY
The Site and the Services are made available to Developer on an "as is" basis and DEEZER cannot be held liable neither for the unavailability, whether temporary or permanent, of the Services or the Site, nor for any defect or error in the Services.
DEEZER has the right to modify at any time without any notice the DEEZER Services and/or the Site notably by making available new functionalities or Content or by modifying and/or deleting functionalities or Content that were offered to the Developers on the DEEZER Services and/or on the Site.
DEEZER cannot be held liable for the fraudulent exploitation which could occur without its knowledge or in violation of the Terms and notably any illegal use, streaming, or downloading of the Content.
DEEZER cannot be held liable for independent technical problems of its Services such as maintenance or network issues due to the internet service provider and which could lead to a temporary intermission of the network.
DEEZER cannot be held liable neither for the dysfunction of internet links on the Site transferring to external website whose integration has been made by the Developer, nor for all their content and notably the products, services and/or any other available materials on and from these external websites.
VII. INTELLECTUAL PROPERTY
The general structure of the Site, the DEEZER Services, and any other elements composing them (such as but not limited to the graphics, texts, visuals, photos, logos, domain names, elements associated with the Content comprising the photos, images, texts and biography of the author, artist and/or any right holders, on the Content along with the visuals packaging of the Content) are exclusively owned by DEEZER or right holders.
Any reproduction and representation, in total or partially, of the Site and/or elements composing it by any means without the express authorization of DEEZER or right holders are strictly forbidden and would amount to an act of counterfeiting punished by law.
DEEZER is the worldwide owner of the verbal and semi-figurative trademarks “DEEZER” (whether registered or unregistered) and retains all right, title and interest in and to them. The Developer will not copy or use these trademarks in any way not authorized by DEEZER in these Terms, will abide by the Trademark Guidelines set out by DEEZER in connection with his use of these trademarks, and shall not challenge the validity of these trademarks or attempt to register similar or trademarks, service marks or logos.
VIII. ASSIGNMENT
Developer may not assign or otherwise transfer, its rights or delegate its duties or obligations under these Terms. Any attempt to assign, or otherwise transfer, any rights contained in these Terms is void and will inevitably lead DEEZER to remove Developer access both to the Services and to the Site.
IX. MISCELLANEOUS
The Developer agrees that the use of the Services for any other purposes than those mentioned herein, shall be beforehand reviewed and approved by DEEZER, at DEEZER’s own discretion.
The Developer agrees that nothing in these Terms shall prevent DEEZER to create, develop and commercialize services or products similar to the Developer’s Personal Applications and/or Webpages.
Furthermore, DEEZER may at any time and at its own discretion, quote, refer to, promote or communicate on the Developer’s Personal Applications and/or Webpages, if necessary with a description of the relationship between DEEZER and the Developer.
X. SURVIVAL
Sections III, VI, VII, IX, X and XI will remain in effect after the Developer ceases to access or use the Services.
XI. APPLICABLE LAW
The present Terms are submitted to French law.
In case of litigation, the parties will try to reach an agreement before any judicial proceeding. If no agreement can be reached, any claim regarding the validity, the interpretation and/or the execution of the Terms will have to be brought before a French court and thus even if there are multiple defenders or in case of guarantee enforcement.