Voorwaarden en Gebruiksvoorwaarden

ARCHIVED 2015-02-09, DATE APPROXIMATE · VERSION 20150209_rev01 · COMPARED WITH 20141218_rev01

Full text changes — 20141218_rev01 to 20150209_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

 The failure of DEEZER to require or enforce strict performance by you of any provision of these Terms of Service or the DEEZER Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of DEEZER's right to assert or rely upon any such provision or right in that or any other instance.
 The express waiver by DEEZER of any provision, condition, or requirement of these Terms of Service or the DEEZER Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
 Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by DEEZER shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of DEEZER.
+## Terms of Use for Cricket
+### Article 1 - General
+These Terms of Service (the "Terms of Service") describe the terms pursuant to which BLOGMUSIK S.A. (hereinafter "DEEZER") offers you access to the Deezer mobile application (hereinafter the "Application") and the associated services offered by DEEZER. These Terms of Service apply when you access, visit or use the Application.
+DEEZER offers through the Application an unlimited service of on-demand music with a temporary download functionality through a paid subscription (hereinafter altogether "the Deezer Service").
+The purpose of these Terms of Service is to define the contractual and commercial relationship between DEEZER, on one hand, and you, as a subscriber to the Deezer Service (hereinafter the "Subscriber"), on the other hand.
+**You accept these Terms of Service and agree to be bound by these Terms of Service when you use the Deezer Service or create a DEEZER account. Please read these Terms of Service carefully because they govern your access to and use of the Deezer Service and set forth legally binding terms applicable to your use of the Deezer Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU SHOULD NOT ACCESS OR USE THE DEEZER SERVICE.**
+The use of the Deezer Service is only authorized for personal and private use, therefore any other use, including any use of the Deezer Service for a commercial purpose or any use of the Deezer Service in a public place or business, is strictly forbidden.
+### Article 2 - Description of the Deezer Service
+The Deezer Service is a service offered and operated by DEEZER that enables Subscribers to access the Application from a portable device and to listen to an unlimited amount of music in high quality audio without any advertisements.
+The main characteristics of the Deezer Service are the following:
+- Unlimited access on one authorized device (your mobile device) for the purpose of temporarily downloading the Recordings, in order to then listen to them when offline; and
+- No advertisements.
+As a Subscriber, you may access the Deezer Service until the end of your subscription, as indicated on the subscription page of the Application at the time of such subscription.
+DEEZER may offer the Deezer Service for limited time periods at retail prices established from time to time by DEEZER in the subscription page on the Application (hereinafter the "Special Offers"). DEEZER reserves the right, in its discretion, to determine Subscribers' eligibility for the Special Offers and to withdraw or to modify a Special Offer, in DEEZER's sole discretion.
+Once your subscription is expired or terminated, you have no right to access or use the Deezer Service.
+The Deezer Service is accessible from a portable device operating the Apple iOS or Google Android operating systems through the Application. The Application is available for download through the Apple App Store and Google Play.
+The Deezer Service is also accessible without an internet connection, by clicking on the "Offline Mode" button. By using the Offline Mode, you will only be able access the tracks, albums and playlists that you have previously temporarily downloaded from the Application on that particular portable device.
+The temporary downloading of tracks, albums or playlists is possible through the Offline Mode button which appears on the Application. You can then listen to the downloaded Recordings without an Internet connection or mobile network connection during the entire duration of the Subscription; however you will not be able to transfer the Recordings to any other computer, portable device or other physical storage medium.
+### Article 3 - Use of the Deezer Service
+Your use of the Deezer Service requires a high-speed internet connection.
+For Subscribers accessing the Deezer Service via the Application on a mobile device, DEEZER recommends the use of at least a third generation (3G) mobile network connection.
+#### 3.1. License
+As a Subscriber, DEEZER grants you a limited, non-exclusive, non-transferable and revocable license to access and use the Deezer Service for the duration of your subscription to the Deezer Service, unless terminated by DEEZER or you in accordance with the terms and conditions of these Terms of Service.
+#### 3.2 Access
+Prior to the use of the Deezer Service, you must subscribe to the Deezer Service.
+In order to subscribe to a Deezer Service, you must:
+- Create an account at a Cricket Wireless retail store or download and create an account on the Application or, if the user is already registered, log on the Application;
+- Provide the information requested on the subscription form;
+- Consent to these Terms of Service;
+- Pay the subscription price for the Deezer Service through one of the payment systems offered;
+- Confirm your subscription.
+As a Subscriber, you hereby agrees to provide true, accurate and complete information in connection with your registration on the DEEZER Application and the Deezer Service.
+Once your registration has been validated, DEEZER will send to you a confirmation email at the email address you provided at the time of registration. Your subscription to the Deezer Service will only become effective when DEEZER sends the confirmation email mentioned above. DEEZER recommends that you save and/or print the confirmation email.
+You can modify your account information, including the password associated with your DEEZER account at any time by clicking on the "My information" section of the Deezer Service.
+You hereby agree to inform DEEZER, without delay, of any modification to the information you provided at the time of the Deezer Service subscription and notably any modification of the email address or bank details you provided in connection with your subscription.
+You must immediately inform DEEZER if you lose your account credentials (i.e. account name and password) or if you become aware of any unauthorized use of your account. Your password and identification details are personal and you hereby agree not to disclose such information to any third parties. You hereby agree to be solely responsible for the safekeeping of your account credentials.
+As a Subscriber, you may activate the Deezer Service on a portable device operating the Apple iOS or Google Android operating systems registered with the Deezer Service. The Deezer Service is only accessible from one connection at a time (compatible portable device registered). If DEEZER determines that you are simultaneously accessing the Deezer Service from multiple devices or computers, DEEZER may terminate your subscription and//or your access to the Application and the Deezer Service.
+#### 3.3 Price
+The subscription price of the Deezer Service is indicated on the Application and includes all applicable sales taxes, if any.
+DEEZER has the right to modify the subscription price from time to time. DEEZER will inform you of any price increase fifteen (15) calendar days before it becomes effective by sending you an email to the email address you have provided. In such case, if you are not willing to accept the price increase proposed by DEEZER, you may terminate your subscription via the termination section of the Deezer Service. As described in Article 6.3 below, this termination will become effective at the end of the then-current subscription term. If you do not terminate your subscription to the Deezer Service, you will be charged the new price beginning after the fifteen (15) day notice period.
+Any increase of the applicable sales tax will be automatically and immediately impacted on the Deezer Service 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 Service and applicable to DEEZER. The conditions for termination applicable in case of modification of the Deezer Service price mentioned above, will apply in the same conditions in case of a modification resulting from the increase or creation of new taxes.
+Different payment methods are accepted, including, Visa or MasterCard credit cards and PayPal).
+It is underlined that when a Subscriber communicates to DEEZER his bank details, they are not kept by DEEZER.
+The subscription price is paid in advance on a monthly basis. By agreeing to the subscription, you authorize DEEZER to charge you for the subscription fees on a monthly basis. When transferring Subscribers' data and payment information to its third party payment service providers, DEEZER uses reasonable security measures, such as encryption, to protect such information from unauthorized use or disclosure. Additionally, DEEZER's third party payment providers strive to adhere to PCI/DSS standards of transactions security.
+### Article 4 - Availability and modification of the Deezer Service
+DEEZER uses reasonable efforts to make the Deezer Service accessible 24 hours a day and 7 days a week; however, DEEZER reserves the right, without prior notice or compensation, to temporarily remove access to the Deezer Service, as deemed necessary by DEEZER, including to perform maintenance of the Deezer Service.
+DEEZER will use reasonable efforts to provide you with at least twenty four (24) hours' notice prior to any Deezer Service interruptions. If DEEZER elects, in its discretion, to discontinue access to the Deezer Service, DEEZER will notify you via the Application and you will not be charged any additional subscription fees after the date your access to the Deezer Service has been terminated.
+### Article 5 - Terms of Access to the Deezer Service
+In order to access the Deezer Service, you must be located in the United States of America and be at least 13 years of age.
+If you are not at least 13 years of age, you shall not attempt to access the Application and use the Deezer Service.
+If you are between 13 and 17 years of age, you must have your parents' or guardians' consent to register for the Application and/or subscribe to the Deezer Service.
+### Article 6 - Term and termination
+#### 6.1 Term and Renewal
+If you are a Subscriber, the initial term of your subscription to the Deezer Service will be one (1) month. Thereafter, your subscription to the Deezer Service will be automatically renewed for subsequent one (1) month periods unless you have provided prior notice to DEEZER of your wish to discontinue your Deezer Service subscription. If you cancel your Deezer Service subscription, the cancellation will become effective on the last day of the billing cycle during which we received your cancellation request. If your subscription is set to automatically renew, you hereby authorize DEEZER to charge you for the then-current Deezer Service subscription fees for each month of your subscription term.
+Instructions on how to cancel your Deezer Service subscription are set forth in Article 6.3 below.
+**Trial Periods**
+DEEZER may also make available on the Application access to the Deezer Service for trial periods of varying duration ("Trial Periods"). Unless otherwise indicated, your use of the Deezer Service during any Trial Periods will be subject to these Terms of Service and will be limited to one Trial Period per person. Unless otherwise indicated on the Application, following the Trial Period, we will convert your Trial Period subscription into a paid subscription for the Deezer Service unless you cancel your subscription prior to the expiration of the Trial Period. You hereby authorize DEEZER to charge you for the then-current subscription fees for the Deezer Service for each month following the expiration of your Trial Period and continuing through the month in which you cancel your subscription term as described in Article 6.3.
+#### 6.2. No Refund
+The Deezer Service subscription fees are paid in advance. You hereby agree and acknowledge that once you have authorized DEEZER to charge you for the Deezer Service subscription fees, you will not be entitled to receive a refund for such payment amounts. If you wish to cancel your account or discontinue your subscription to the Deezer Service, you can contact us as set forth in Article 6.3 below.
+#### 6.3 Termination
+##### 6.3.1. Subscription Termination Initiated by a Subscriber
+If you wish to terminate your Deezer Service subscription (or if you wish to not be enrolled in the Deezer Service subscription following a Trial Period), you can do so by (1) going to www.cricketwireless.com, (2) in the My Cricket app or (3) in any Cricket Wireless store. Termination of your Deezer Service subscription will become effective at the end of the current monthly subscription period.
+##### 6.3.2. Termination initiated by DEEZER
+DEEZER may suspend, terminate or modify your access to the Deezer Service if DEEZER believes that you are failing to comply with these Terms of Service or for any actual or suspected illegal or improper use of the Deezer Service, with or without notice to you.
+Without limiting the foregoing, DEEZER may, without notice or compensation to you, terminate your access to the Deezer Service (including your Deezer Service subscription) if it believes you have violated these Terms of Service, including, without limitation, if you have done or attempted to do any of the following:
+- Infringe, misappropriate or violate the intellectual property rights of DEEZER, its licensors or any third party;
+- Bypass or attempt to bypass any technical or security measures on the Application;
+- Use, or attempt to use, multiple simultaneous connections to the same account;
+- Provide false information to DEEZER in connection with your subscription or account registration;
+- Use, or attempt to use the Deezer Service in connection with any (i) any commercial purpose, (ii) any business or public premises or (iii) any other non-personal or non-private use.
+### Article 7 - User Content and Other User Restrictions
+You are solely liable for any messages, communications, content, images, material, data or information that you publish or provide on the Application or through the Deezer Service ("Subscriber Content").
+By transmitting or submitting any Subscriber Content while using the Deezer Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the Subscriber Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by DEEZER in accordance with its Privacy Policy.
+You further affirm, represent and warrant that your Subscriber Content (a) does not contain content or material that is threatening, pornographic, defamatory, obscene, hateful, racist, anti-semitic, or xenophobic, (b) is not intended to harass any third party, (c) does not contain advertisement and/or solicitation for any third party, products and/or services and (d) does not contain any unsolicited or spam messages.
+You own your Subscriber Content. You hereby grant DEEZER a perpetual and irrevocable worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your Subscriber Content as well as all modified and derivative works thereof in connection with our provision of the Deezer Service, including marketing and promotions thereof.
+You agree not to:
+- use any automatic system, such as scripts, to add members to your profile or to send comments or messages on the Deezer Service.
+- Create or use any hyperlink to the Deezer Service 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 Deezer Service is hosted and enables to hide from an uninformed user the initial content of which the element is part); or
+- Artificially use a DEEZER account, such as to artificially increase the plays of certain tracks, including via automated processes such as robots and scripts or via any other means.
+### Article 8 - Privacy Policy
+In connection with your use of the Deezer Service, please review the DEEZER Privacy Policy, located [here](http://support.deezer.com/hc/en-gb/requests/new), in order to understand how we collect and use information about you when you access, visit or use the Deezer Service. The DEEZER Privacy Policy is part of and is governed by these Terms of Service and by accepting these Terms of Service, you agree to be bound by the terms of the DEEZER Privacy Policy, and agree that we may use information collected from you in accordance with the DEEZER Privacy Policy.
+### Article 9 - Limitation of Liability; Indemnification
+YOU UNDERSTAND AND AGREE THAT DEEZER AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE "DEEZER PARTIES") WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A DEEZER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE DEEZER SERVICE. DEEZER's maximum liability to you for direct damages is limited to the amount you paid to DEEZER for use of the Deezer Service during the twelve-month period immediately preceding the event that gave rise to such damages.
+You hereby agree to indemnify and hold the DEEZER Parties harmless from any and all damages, losses, costs, claims or demands (including legal fees and court costs) and expenses incurred, suffered or expended by DEEZER as a consequence of any third party's claim relating to or arising out of: (i) your use of the Application or the Deezer Service or (ii) your violation of any term or condition of these Terms of Service.
+### Article 10 - DEEZER Digital Millennium Copyright Act Policy
+If you believe that content available on or through the Application infringes one or more of your copyrights, you or your agent may submit a Digital Millennium Copyright Act ("DMCA") notification to DEEZER, as set forth in this DEEZER DMCA Policy. The notification shall include all of the information described in this DEEZER DMCA Policy ("Notification") to DEEZER's Copyright Agent by mail or email using the contact information provided below. A copy of this Notification will be sent to the person who posted the material addressed in the Notification.
+Pursuant to federal law, you may be held liable for damages and attorneys' fees if you make any material misrepresentations in a Notification. Therefore, if you are not sure whether content located on or accessible via a link from the Deezer Service infringes your copyright, you should contact an attorney.
+A Notification should include the following:
+- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
+- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
+- Identification of the material that is claimed to be infringing or to be the subject of infringing activity (or links to such material) and information reasonably sufficient to permit the service provider to locate the material or link so that it may be removed or access to it disabled. If possible, please provide links to the exact location so that we may quickly and more easily locate the material or link.
+- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
+- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
+- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
+Notifications should be sent to our Copyright Agent at:
+Name of the Copyright Agent: Daniel Marhely
+Address: Blogmusik SAS, 12 rue d'Athènes, 75009 Paris, France
+Phone number: +33 (0)1 55 80 69 00
+Notifications shall be sent to the e-mail address: dmca@deezer.com
+Notifications will be forwarded to Subscribers whose material or links are the subject of the Notification and to chillingeffects.org.
+### Article 11 - Disclaimer of Warranties
+THE APPLICATION AND THE DEEZER SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE DEEZER PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE DEEZER PARTIES DO NOT WARRANT THAT THE APPLICATION OR DEEZER SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE DEEZER SERVICE OR THE SERVERS THAT MAKE THE DEEZER SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT DESCRIPTIONS OR DEPICTIONS, OR OTHER CONTENT OFFERED AS PART OF THE DEEZER SERVICE, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
+YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION AND THE DEEZER SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE APPLICATION OR THE DEEZER SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE APPLICATION OR THE DEEZER SERVICE. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE APPLICATION OR THE DEEZER SERVICE FOR ANY FEATURE OR PART THEREOF AT ANY TIME. THE DEEZER PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.
+The music catalogue available as part of the Deezer Service is linked to the contracts in effect with third party rights holders and may therefore change. Therefore, DEEZER cannot guarantee the availability of any determined track or album or any artist or group in the Deezer Service catalogue. You agree that DEEZER will not be held liable for the removal of parts of the catalogue content offered.
+DEEZER shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of DEEZER, including without limitation any failure to perform hereunder, such as, Internet or equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
+Finally, you are solely liable of your use of the Application and the Deezer Service and you agree that DEEZER will not be liable for any claim arising from your use of the Application or the Deezer Service.
+### Article 12 - Cookies
+DEEZER and its partners implement cookies on Subscribers' computer.
+In order to obtain all information regarding (i) the use of such cookies by DEEZER and its partners and (ii) the procedure applicable to prevent the implementation of such cookies, you can visit the section "Privacy Policy" or review Section 7 of the DEEZER Privacy Policy, located [here](http://support.deezer.com/hc/en-gb/requests/new).
+### Article 13 - Intellectual Property
+The Application and the Deezer Service and all elements composing of the foregoing (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 including the visuals on the packaging) (the "DEEZER Content") are the exclusive property of DEEZER and/or its licensors. The DEEZER Content is protected by applicable laws, including intellectual property laws. You may only access and use the DEEZER Content for the purpose of using the Deezer Service in accordance with these Terms of Service.
+Any unauthorized use of the Application, the Deezer Service or the DEEZER Content without the express consent of DEEZER is strictly forbidden. The Recordings are protected by U.S. Copyright laws. Therefore, you may not use the Deezer Service for any commercial purposes, including playing the Recordings in a business environment or public place. You may only access the Application and use the Deezer Service for your own personal use. Except as provided in these Terms of Service, any other use of the Recordings is strictly prohibited. Except as provided in these Terms of Service, you shall not download or attempt to download, transfer or attempt to transfer, permanently or temporarily, the Recordings on the hard drive of a computer or any other device (notably music players), or other physical storage medium (e.g. CD or hard drive). Any resale, exchange or renting of tracks or Recordings offered on the Application is strictly prohibited.
+DEEZER may implement or use technical protection measures to prevent the unauthorized use of the Recordings. You hereby agree not to bypass, or attempt to bypass, by any means, these technical protection measures.
+### Article 14 - Modifications of the Terms of Service
+DEEZER may amend these Terms of Service from time to time. We will post any material changes to these Terms of Service on the Deezer Service with a notice advising of the changes at least thirty (30) days before the effective date of the changes. If you have provided us with your email address we also will endevor to notify you of material changes to these Terms of Service by sending an email at least fifteen (15) days before the effective date of the changes to the email address you most recently provided to us. If you do not agree to the new terms, you may terminate your account within the applicable thirty (30) day period (1) by going to www.cricketwireless.com, (2) in the My Cricket app or (3) in any Cricket Wireless store, and you will not be bound by the amended terms. Otherwise, the new terms will take effect after thirty (30) days.
+### Article 15 - Contact DEEZER
+For any information or question regarding the Deezer Service, you can contact DEEZER by submitting a request at http://support.deezer.com.
+### Article 16 - Nullity of a term
+You and DEEZER agree that if any portion of these Terms of Service or of the DEEZER Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Service, which shall continue to be in full force and effect.
+### Article 17 - Choice of Law
+These Terms of Service are governed by the laws of the state of New York, without regard to conflict of law principles, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in New York. You consent to the exclusive jurisdiction of the federal or state courts located in New York County, New York.
+### Article 18 - Arbitration Agreement and Waiver of Class Remedies
+The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms of Service (including its formation, performance and breach) and your use of the Deezer Service shall be finally settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
+**The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.**
+The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
+You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this section by sending written notice of your decision to opt-out [here](http://support.deezer.com/hc/en-gb/requests/new). The notice must be sent within thirty (30) days of registering to use the Deezer Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Service.
+### Article 19 - Assignment
+DEEZER may assign or delegate these Terms of Service and/or the DEEZER Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without DEEZER's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
+### Article 20 - Entire Agreement
+These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including DEEZER's Privacy Policy), contain the entire understanding of you and DEEZER, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and DEEZER with respect to the Deezer Service.
+### Article 21 - No Waiver
+The failure of DEEZER to require or enforce strict performance by you of any provision of these Terms of Service or the DEEZER Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of DEEZER's right to assert or rely upon any such provision or right in that or any other instance.
+The express waiver by DEEZER of any provision, condition, or requirement of these Terms of Service or the DEEZER Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
+Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by DEEZER shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of DEEZER.
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