Voorwaarden en Gebruiksvoorwaarden

ARCHIVED 2014-12-18, DATE APPROXIMATE · VERSION 20141218_rev01 · COMPARED WITH 20140816_rev01

Full text changes — 20140816_rev01 to 20141218_rev01

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

 ## Terms of Use
+## Terms of use for Deezer Free Streaming Service
+## Terms of Use for Deezer Elite
+### Article 1 - General remarks
+These Terms of Service (the "Terms of Service") apply if (i) you are located in a country where Deezer Elite (the "Elite Service") is available, and (ii) you are an eligible Sonos customer according to the terms and conditions below. These Terms of Service describe the terms pursuant to which BLOGMUSIK S.A. (hereinafter "DEEZER") offers certain Sonos customers (as defined below), under specific conditions, the benefit of a free trial period and subscription offer to Deezer Elite (the "Offer"). These Terms of Service apply when you access, visit or use the Elite Service.
+The DEEZER website, which can be found at the address http://www.deezer.com (hereinafter the "Site"), is a publication created, developed and operated by BLOGMUSIK S.A. (hereinafter "DEEZER") a French corporation registered under number 495 246 308, with principal offices located 12 rue d'Athènes 75009 Paris, FRANCE.
+The Elite Service an unlimited service of on-demand music with a temporary download functionality through a paid subscription. The Elite Service is accessible via a website located at www.deezer.com (the "Site"), and via a mobile application on certain compatible devices.
+The Site also offers to its visitors and members the possibility to discover and access tracks through different types of services (such as smartradio) and functionalities (such as the sharing of tracks on social medias, comments).
+The purpose of these Terms of Service is to define the contractual and commercial relationship between DEEZER, on one hand, and you, as an eligible Sonos customer to the Elite Service (hereinafter the "Subscriber"), on the other hand.
+The Site offers to any registered user a free of charge streaming service of sound recordings (hereinafter the "Recordings"), and other optional services described hereafter. Prior to the use of the Site, the user must register and create a personal account and accept without any reserve, at the time of registration, the hereby conditions of use (hereinafter the "Terms"). The use of the Site is only authorized for a personal and private use, therefore any other use, notably in public premises and businesses, is strictly forbidden.
+**You accept these Terms of Service and agree to be bound by these Terms of Service when you access, visit or use the Elite Service or create a DEEZER account. Please read these Terms of Service carefully because they govern your access to and use of the Elite Service and set forth legally binding terms applicable to your use of the Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU SHOULD NOT ACCESS OR USE THE SERVICE.**
+### Article 2 - Free Streaming Service Presentation
+The use of the Elite Service is only authorized for personal and private use, therefore any other use, including any use of the Elite Service for a commercial purpose or any use of the Elite Service in a public place or business, is strictly forbidden.
+The Site offers an advertising funded service offering free of charge on-demand streaming of 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 (hereinafter the "Free Streaming Service") to each registered user (hereinafter the "Free User").
+### Article 1 - Eligibility & Offer
+Streaming is possible track by track, or by creating playlists, or via radios.
+The Offer is only made available to eligible Sonos customers ("Eligible Sonos Customers") as defined below, and only to those Eligible Sonos Customers located in countries where the Elite Service is available. To check the availability of the Elite Service in your country, please go to [www.deezer.com.](http://www.deezer.com/)
+The functionality "my profile" enables the creation of a personal profile (hereinafter the "Profile").
+Eligible Sonos Customers shall be defined as a Sonos customer who purchases a Sonos « player », and who is not otherwise excluded from the Offer as expressly set forth below.
+The Free User recognizes that his account is accessible to every users of the Site and that some of the personal data provided by user during the creation of user account can appear on it (such as but not limited to the age, sex, visual profile, country of origin).
+Eligible Sonos Customers can only benefit once from the free trial of the Offer. Eligible Sonos Customers shall not be eligible to redeem the trial period of the Offer if they previously have redeemed any offer for a trial period of the Elite Service. Subscribers to any of the Deezer services through their telecommunication carrier will not be eligible to the Offer. The Offer is not available in countries where the Elite Service is not available.
+Optionally, the Free User recognizes that he can choose to share other personal data and/or musical information, such as his listening or favourite albums, which can also appear on member's social network pages.
+The Offer consists of a free of charge trial to the Elite Service, and of a monthly or yearly or two years subscription to the Elite Service. The trial period is of 30 consecutive days for Eligible Sonos Customers purchasing a Sonos player.
+### Article 3 - Access and use of the Free Streaming Service
+Eligible Sonos Customers can cancel their trial period at any time as set forth below in Section 6. No cancellation fees apply.
+The use of the Free Streaming 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 Free User must first subscribe to a high speed internet and/or an internet for mobile offer in order to use the Free Streaming Service.
+Detailed instructions of how the Offer can be redeemed and activated are provided to you at the time of purchase of your Sonos product or later, by any means available to Sonos and/or Deezer.
+A connection to internet for mobile through a third generation (3G) mobile technology norm is highly recommended.
+### Article 2 - Description of the Elite Service
+The music catalogue available, as part of the Free Streaming 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 Free Streaming Service catalogue.
+The Elite Service is a service offered and operated by DEEZER that enables Subscribers to access the Service from a personal computer or portable device and to listen to an unlimited amount of music in higher quality audio (than is made available through DEEZER's other streaming services, where available) without any advertisements.
+Moreover, DEEZER cannot guarantee that any determined track, album, artist or group on the Service catalog will be indefinitely available. DEEZER can never be held liable for the removal of parts of the catalogue content offered.
+The main characteristics of the Elite Service are the following:
+As a Free User, you can activate the Free Streaming Service on a personal computer (PC or MAC) and a compatible portable device. The Free Streaming 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.
+\- Unlimited access, on up to four authorized devices (personal computers or mobile devices) for the purpose of temporarily downloading the Recordings, in order to then listen to them when offline;
+\- No advertisements; and
+\- a majority of the music tracks available are in the following format: FLAC audio bitstream data (CD quality, 16 bits, stereo, 44,1kHz).
+### Article 4 - Availability and modification of the Free Streaming Service
+As a Subscriber, you may access the Elite Service until the end of your subscription, as indicated on the subscription page of the Site at the time of such subscription.
+The Free Streaming Service can be accessed to 24 hours a day and seven days a week, within the limit of the Terms and the terms of article 11 hereunder.
+DEEZER may offer the Elite Service for limited time periods at retail prices established from time to time by DEEZER in the subscription page on the Site (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.
+However, DEEZER has the right to bring any modification and amelioration to the Free Streaming Service as it deems necessary for technical evolution.
+Once your subscription is expired or terminated, you have no right to access or use the Elite Service.
+In addition, DEEZER has the right, without prior notice or compensation, to temporarily remove access to the Free Streaming Service if necessary in order to ensure the maintenance due to technological evolution or continuity of Free Streaming Service. DEEZER also has the right, without compensation, to definitely shut the Service. Any final shutdown of the Free Streaming Service will be notified via the Site or via the Application.
+The Elite Service is accessible from a personal computer operating the Microsoft Windows, Google Chrome OS or Apple OSX operating systems by connecting to the Site or from a portable device operating the Apple iOS or Google Android operating systems through the Deezer Elite application (hereinafter the "Application"). The Application is available for download through the Apple iTunes and Google Android app stores. The Elite Service is also accessible without an internet connection, by clicking on the "Offline Mode" button of the Site or the Application. Subscribers must use the Google Chrome browser to be able to use the Offline Mode on a personal computer. By using the Offline Mode, you will only be able access the tracks, albums and playlists that you have previously temporarily downloaded, from the Site or the Application, on that particular computer or portable device.
+### Article 5 - Terms of access to the Free Streaming Service
+The temporary downloading of tracks, albums or playlists is possible through the Offline Mode button which appears on the pages of the Site or of 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.
+The Free User declares being capable to accept the hereby Terms, which means that he has the legal required age and he is not under a legal protection measure (such as legal guardianship) or if the Free User is under the legal age, has a parental authorization giving him permission to register.
+### Article 3 - Use of the Service
+### Article 6 - Free Users liability
+Your access to the Site and use of the Elite Service requires a high-speed internet connection.
+i) The Free User is solely liable for any messages, content or information published by himself on the Site; DEEZER is only considered as an internet service hosting provider and cannot be held liable for the content published by the members on the Site and upon which DEEZER has no control or supervision.
+For Subscribers accessing the Site or Service via a mobile device, DEEZER strongly recommends the use of at least a third generation (3G) mobile network connection.
+The Free User expressly agrees, in order to avoid being held liable, that he will ensure that the messages published by him on the Site do not, notably but not limited to:
+#### 3.1 - Use of the Elite Service
+\- Constitute a violation of third parties intellectual property rights; therefore the member agrees not to publish, on the Site, 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 functionalities; Applaud crimes or contain illegal or threatening messages or of a paedophile, pornographic, defamatory, obscene, hateful, racist, anti-semitic, xenophobic, revisionist nature or against public orders and good manners;
+\- Infringe a right to private life or disrespect third parties dignity;
+\- Encourage violence, fanaticism, crime, suicide, hate linked to religion, race, sex, sexual preferences, ethnicity;
+\- Harass other members;
+\- 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 whose content violates any law and regulation in effect, infringes third party rights or violates the Terms.
+#### 3.1.1 - Licence
+ii) The Free User agrees not to use any automatic system such as scripts in the purpose of adding Members to his Profile and/or send comments or messages.
+As a Subscriber, DEEZER grants you a limited, non-exclusive, non-transferable and revocable license to access and use the Elite Service for the duration of your subscription to the Elite Service, unless terminated by DEEZER or you in accordance with the terms and conditions of these Terms of Service.
+iii) The Free User is solely responsible for the conservation and the confidentiality of his password and agrees not to communicate, at any time, his password to any other member nor use the account, name or password of any other member.
+#### 3.2 - Access
+The Free User certifies the accuracy of the information given to DEEZER for his registration and agrees to notify any modification.
+Prior to the use of the Elite Service, you must subscribe to the Elite Service on the Site or the Application.
+iv) The Free User recognizes that DEEZER has the right, in case his use of the Site 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 removal from the Site services and/or block his access to the Site.
+In order to subscribe to a Elite Service, you must:
+v) DEEZER has the right, in case the 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 - Privacy Policy
+DEEZER shall respect the legislation in effect regarding the protection of privacy concerning the processing of personal data of Free Users (hereinafter the "Data").
+The information and data of the Free User collected are being processed and are mandatory for the management of his subscription. In that purpose, they can be transferred to companies in charge of the management, the execution and the processing of the payment operations. These information and data are also kept for security reasons, in order to respect the legislation to which DEEZER is submitted. The Data are processed and kept at the Site host identify within the legal notice which can be found on the Site in conditions aiming to guarantee security.
+If the Free User provides his consent, the collected data can also be used for the management of commercial relations in order to establish stats and also provide DEEZER with the possibility to improve and personified the services offered and the information addressed.
+The Free User has a right to access and modify his information. If he wishes to use these rights and obtain communication of his information, the Free User can contact DEEZER via the Site by clicking on the section "Contact Us" or by writing.
+If the Free User has given his prior consent (by example at the time of creation of you account in order to subscribe to the Free Streaming Service), the Free User may receive a newsletter from DEEZER to the email address you have provided and, if applicable, modified by yourself. If the Free User does not wish to receive this newsletter, it can at any time unsubscribe by clicking on the link placed at the bottom of each newsletter or by modifying your data from your account on the Site by clicking on the section "Account".
+If the Free User has given his prior consent (by example at the time of creation of his account in order to register to the Free Streaming Service), the Free User may receive offers from DEEZER's partners to his provided and, if applicable, modified email address and his address can be transmitted to his commercial partners.
+The Free User is informed that his Data can be disclosed in respect of the applicable legislation or under a decision from a judicial or administrative authority.
+### Article 8 - Disclaimer of Warranties
+The Free User declares being informed of the confines and limitations of the internet network.
+As a result, DEEZER disclaims liability for the dysfunction of the Free Streaming Service access, the opening and consultation velocity of the Site pages, the listening velocity of the tracks, the temporary or final inaccessibility of the Free Streaming Service, and the fraudulent use by third parties of the information provided on the Site or the Application.
+Therefore, it is the Free User's duty to protect his personal data and information or other equipments 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 Free User'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, 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 and more broadly any unstoppable and unforeseen event which prevent the good execution of the orders.
+DEEZER disclaims liability in case the Free Streaming Service would turn out to be incompatible with certain equipments and/or functionalities of the equipment of the Free User.
+Finally, the Free User is solely liable of his use of the Free Streaming Service and cannot held DEEZER liable for any claim and/or procedure made against him. The 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 his use of the Free Streaming Service.
+### Article 9 - Cookies
+DEEZER and its partners implement cookies on Free Users' 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, Free Users can visit the section "Personal Data and Cookies" on the Site.
+### Article 10 - Intellectual Property
+The general structure of the Site, the Application, the Free Streaming 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 his licensors (notably the records and videos producers, the record companies, authors society).
+These elements are protected by intellectual property laws and others, and notably the copyright. You can only use these elements for the purpose of using the Free Streaming Service, in conformity with the Terms.
+Any total or partial representation of the Site, of the Free Streaming Service and/or the elements composing it (as described above) by any means without the express consent of DEEZER is therefore forbidden and would be considered as counterfeiting which is punished by 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 tracks on the Free Streaming Service are protected numerical files by national and international copyright and neighboring rights. Therefore, and in conformity with the Intellectual Property Rights, only their listening within a private and family circle is allowed. Any use for a non private purpose will expose the Free User to civil and/or criminal proceedings. Any other use of the numerical files 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 are strictly prohibited.
+The Free User recognizes that the recordings provided to him on the Site 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 under the Terms.
+The Free User agrees not to bypass, by any means, these technical protection measures, for the purpose of downloading these files and enable their conservation within the storage unit of his reception terminal whatever it is (Computer, mobile phone, music player and other portable music disc player.
+### Article 11 - Suspension and/or termination initiated by DEEZER or by a Free User
+Without prejudice of any damages that DEEZER may ask, DEEZER has the right to suspend access to the Free Streaming Service to a Free User and/or terminate by rights, without notice or compensation, its subscription to the Free Streaming Service in case:
+\- The Free User does not respect the Terms and notably :
+o Does not respect the Intellectual Property rights of DEEZER or its licensors
+o Bypass or attempts to bypass the technical measures of protection set up by DEEZER
+o Uses multiple simultaneous connections to the same account or attempts to do so
+o Provides false information at the time of his subscription to the Free Streaming Service
+\- Activities prejudicial to DEEZER's commercial interests.
+Free Users can unregister at any time from the Site through "My account".
+### Article 12 - Modifications of the Terms
+DEEZER has the right to modify in its sole discretion the Terms. DEEZER will inform the Free User, through an email at the address given on the Free User's account, of any modification of the Terms at least 15 (fifteen) days prior to their effectiveness. In case the Free User would not accept these modifications, he will be free to unregister from his account on the Site as mentioned in Article 11 above, this termination becoming effective at the next monthly subscription due date.
+### Article 13 - Customer service department
+For any information or question regarding the Free Streaming Service, you can contact DEEZER through the Site by clicking on the section "Contact us" or by addressing a mail to the following address:
+**BLOGMUSIK**
+rue d'Athènes 75009 Paris
+France
+### Article 14 - 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 15 - Jurisdiction and litigation
+The Terms are governed by the law applicable to the defendant.
+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 the court where the defendant lives and thus even if there are multiple defenders or in case of guarantee enforcement.
+## Terms of Use and Sale Deezer Premium Service
+### Article 1 - General remarks
+The DEEZER website, which can be found at the address http://www.deezer.com (hereinafter the "Site"), is a publication created, developed and operated by BLOGMUSIK S.A. (hereinafter "DEEZER") a French corporation registered under number 495 246 308, with principal offices located 12 rue d'Athènes 75009 Paris, FRANCE.
+The Site offers to its visitors and members the possibility to discover and access tracks through different types of services (such as smartradio) and functionalities (such as the sharing of tracks on social medias, comments).
+The Site also offers an unlimited service of on-demand music through a paid subscription (hereinafter altogether "the Premium Service").
+The hereby conditions of use and sale (hereinafter the "Terms") exclusively govern the Premium Service provided by DEEZER. These conditions apply against 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 Premium Service (hereinafter the "Subscriber"), on the other hand.
+The use of the Site and of the Premium 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 Premium Service strictly depend on the prior consent without any restriction and reserve to all the Terms.
+### Article 2 - Premium Service Presentation
+The Premium Service is a service offered and operated by DEEZER enabling, by consenting to the hereby Terms, from a personal computer to listen to unlimited music in high quality audio and without any advertisement.
+From the Site, and once he has subscribed, the Subscriber has access to all functionalities of the Premium Service.
+The main characteristics of this Service are the followings:
+\- Unlimited access, to listen to the tracks part of the Premium Service music catalog and the Site playlists;
+\- No advertisement;
+\- A high sound quality.
+The Premium Service is accessible to the Subscriber until the end of his subscription as indicated on the subscription page of the Site at the time of such subscription.
+DEEZER may offer the Premium Service for limited time periods at a retail price as defined from time to time by DEEZER in the subscription page on the Site (hereinafter the "Special Offers"). DEEZER reserves the right, in its discretion, to determine users' eligibility for the Special Offers and to withdraw or to modify a Special Offer with no liability.
+Once the subscription is expired or terminated, the unlimited access and listening are not authorized anymore.
+The tracks can be listened to during the entire time 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 within the Site or the Application.
+### Article 3 - Use of the Premium Service
+The use of the Premium 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 Premium Service.
+The music catalogue available, as part of the 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 Premium Service catalogue. Moreover, DEEZER cannot guarantee that any determined track, album, artist or group on the Premium Service catalogue will be indefinitely available. DEEZER can never be held liable for the removal of parts of the catalog's content offered.
+As a subscriber, you can activate the Premium Service on a personal computer (PC or MAC). The Premium 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 Premium Service
+The Premium Service can be accessed to 24 hours a day and 7 days a week, within the limit of the Terms and the terms of Article 11 hereunder.
+However, DEEZER has the right to bring any modification and amelioration to the Premium Service as it deems necessary for technical evolutions.
+In addition, DEEZER has the right, without prior notice or compensation, to temporarily remove access to the Premium Service, if necessary, in order to ensure its maintenance due to technology evolution 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 Premium 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 shutdown the Premium Service. Any final shutdown of the Premium Service will be notified via the Site at least 1 (one) month before it occurs, the Subscriber will not be accountable for any payment from the date of the Premium Service shutdown.
+### Article 5 - Absence of the right to revocation - duration - renewal - termination - upgrade to the Premium + Service.
+#### 5.1 No right of revocation
+The Subscriber expressly recognizes and agrees that the supplying of the Premium Service starts at the time of validation of the subscription and acknowledges that he consequently loses his right to withdraw from the subscription. Accordingly, no request of 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 Premium 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 termination by the Subscriber within the terms of article 5.4, the subscription to the Premium Service is tacitly renewed for the exact same duration than the initial one.
+In case of a tacit renewal, the price in effect for the subscription concerned will be fully applied to the subscriber.
+Unless otherwise indicated on the Site and except termination by the Subscriber respecting the terms of article 5.4, any trial or discovery offer is automatically transformed into a monthly subscription at the price indicated in the offer or, otherwise, at the price applicable to the monthly subscription of the Premium Service.
+#### 5.4 Termination
+If the subscription was made directly from the Site, in order to terminate a subscription the Subscriber must go to their account under the section called "Terminate my Subscription". Termination will be effective at the end of the current subscription period, if actioned 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 made via a partner site (such as iTunes for example), the Subscriber must first check the conditions from the "My Account" section on the Site, then follow the instructions to terminate the subscription. The Subscriber should be aware that conditions (how to terminate, within what time frame, etc.) may vary from one platform to another.
+#### 5.5 Upgrade to Premium+ Service
+In case the Subscriber switches from the Premium Service to the Premium + Service, the upgrade will take effect immediately as authorised by DEEZER. Henceforth, DEEZER will immediately charge the Subscriber for the newly activated Premium + Service subscription, regardless of whether the subscription period for the Premium Service has come to an end or not, meaning that if the Subscriber is upgrading to the Premium+ Service during the Premium Service subscription period, DEEZER will charge the Subscriber for both Services.
+There will be no refund of the price paid for the Premium subscription due to the upgrade.
+### Article 6 - Terms of Access to the Service
+The Subscriber declares being capable to accept the hereby Terms, which means that he has the legal required age and he is not under a legal protection measure (such as legal guardianship) or if the Subscriber is under the legal majority, has a parental authorization giving him permission to subscribe.
+### Article 7 - Creation of an account
+In order to subscribe to a Premium Service, every user must:
+\- Create an account on the Site or, if the user is already registered, log on the Site;
+\- Create an account on the Site or download and create an account on the Application or, if the user is already registered, log on the Site or on the Application;
 \- Provide the information requested on the subscription form;
+\- Give his consent to the Terms;
+\- Pay the price for his subscription through one of the payment systems offered;
+\- Confirm his registration.
+\- Consent to these Terms of Service;
+\- Pay the subscription price for the Elite Service through one of the payment systems offered;
+\- Confirm your subscription.
+The Subscriber agrees to provide true, accurate and sincere information on him.
+As a Subscriber, you hereby agrees to provide true, accurate and complete information in connection with your registration on the DEEZER Site and the Elite Service.
+Once his registration has been validated, DEEZER will send to the Subscriber a confirmation email at the email address given at the time of registration.
+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 Elite Service will only become effective when DEEZER sends the confirmation email mentioned above. DEEZER recommends that you save and/or print the confirmation email.
+Subject to the other conditions of the Terms, the subscription to the Service will only become effective when DEEZER sends the confirmation email mentioned above. DEEZER recommends to the Subscriber to save and/or print this 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 Site.
+The Subscriber can modify the password given on his account at any time by clicking on the section "My information"
+You hereby agree to inform DEEZER, without delay, of any modification to the information you provided at the time of the Service subscription and notably any modification of the email address or bank details you provided in connection with your subscription.
+The Subscriber agrees to provide true, accurate and sincere information on him.
+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.
+The Subscriber agrees to inform DEEZER, without delay, of any modification to the information provided at the time of the Service subscription and notably any modification of his email address or bank details. The Subscriber can modify these information at any time on his account on the Site by clicking on the section "My information".
+As a Subscriber, you may activate the Elite Service on a personal computer operating the Microsoft Windows, Google Chrome OS or Apple OSX operating systems or a portable device operating the Apple iOS or Google Android operating systems registered with the Elite Service. The Elite Service is only accessible from one connection at a time (personal computer or compatible portable device registered). If DEEZER determines that you are simultaneously accessing the Elite Service from multiple devices or computers, DEEZER may terminate your subscription and//or your access to the Site and Service.
+The Subscriber must immediately inform DEEZER of any loss or unauthorized use of his account, his identification details and his 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.
+#### 3.3 - Price
+The Subscriber is solely liable for the consequences due to the use of his account, and thus until its deactivation, and as a result, the Subscriber recognizes that DEEZER and all its partners, co-contracting party or right holders cannot be held liable on this matter, unless the Subscriber can prove that the use of his identification details and/or account results from a fraud by a third party.
+The subscription price of the Elite Service is indicated on the Site or on the Application and includes all taxes.
+### Article 8 - Price
+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 Site. 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 Elite Service, you will be charged the new price beginning after the fifteen (15) day notice period.
+The subscription price is indicated on the Site and includes all taxes.
+Any increase of the sales tax will be automatically and immediately impacted on the Elite 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 Elite Service and applicable to DEEZER. The conditions for termination applicable in case of modification of the Elite Service price mentioned above, will apply in the same conditions in case of a modification resulting from the increase or creation of new taxes.
+DEEZER has the right to modify the price of every subscription offers. DEEZER will inform each subscriber through an email to the address provided by the Subscriber at the time of registration to the Service (or later on modify on his account) of any price increase at least 15 (fifteen) days before it becomes effective. In such case, the Subscriber, not willing to accept this increase, can terminate his subscription through his account on the Site; as mentioned at article 5 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.
+Different payment methods are accepted on the Site, including, Visa or MasterCard credit cards and PayPal.
+Any increase of the VAT (Value Added Tax) will be impacted automatically and immediately on the Premium 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 Premium Service and applicable to DEEZER. The conditions for termination applicable in case of modification of the Premium Service's price mentioned above, will apply in the same conditions in case of a modification resulting from the increase or creation of new taxes.
+It is underlined that when a Subscriber communicates to DEEZER his bank details, they are not kept by DEEZER.
+It is reminded that the connection and communication (internet) costs relating to the use of the Premium Service are not supported by DEEZER and must be supported only by the Subscriber.
+The subscription price is paid in advance on a monthly or yearly or two years basis depending on the type of subscription chosen by you. By agreeing to the subscription, you authorize DEEZER to charge you for the subscription fees on a monthly, yearly or two years basis depending on the type of subscription chosen by you. 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 9 - Payment of the price
+### Article 4 - Availability and modification of the Service
+Different payment methods are offered on the Site (Visa or MasterCard credit card, PayPal).
+DEEZER uses reasonable efforts to make the 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 Service, as deemed necessary by DEEZER, including to perform maintenance of Site or the Service.
+It is underlined that when a subscriber communicates to DEEZER his bank details, they are not kept by DEEZER.
+DEEZER will use reasonable efforts to provide you with at least twenty four (24) hours' notice prior to any Service interruptions.
+The Subscription price has to be paid monthly no matter the duration of the subscription chosen by the Subscriber. The payment will be made, at the beginning of each month, at the time of registration and then each month, by debit until the termination of his subscription, whether the termination initiates from the subscriber or DEEZER.
+If DEEZER elects, in its discretion, to discontinue access to the Site or Service, DEEZER will notify you via the Site or Application and you will not be charged any additional subscription fees after the date your access to Site or Service has been terminated.
+In order to optimize the security of the transactions, DEEZER has chosen the payment systems of the companies Paypal and Ogone. The guarantees provided by DEEZER in term of transactions security are identical to the ones obtained by DEEZER from the editors of the payment systems mentioned
+### Article 5 - Terms of Access to the Site and Service
+Failing to provide conflicting elements by the Subscriber, the computerized records, kept within the DEEZER computer systems and his partners on reasonable security conditions, will be considered as proof of communications, orders, validations and payments which occurred between the Subscriber and DEEZER. These information will be enforceable between the Subscriber and DEEZER unless the Subscriber can provide conflicting written proof.
+In order to access the Site or Service, you must be located in a country where the Service is available, and be a least 13 years of age.
+### Article 10 - Territory
+If you are not at least 13 years of age, you shall not attempt to access the Site or use the Service.
+The subscription to the Service is reserved to physical person, living in the effective country and owning a credit card produce by a bank established in this country.
+If you are between 13 and 17 years of age, you must have your parent's or guardian's consent to register for the Site and/or subscribe to the Service.
+### Article 11 - Subscriber liability
+Please note that certain functionalities or features of the Service described on the Site or Application may be not available in your country.
+i) The Subscriber is solely liable for any messages, content or information published by himself on the Site; DEEZER is only considered as an internet service hosting provider and cannot be held liable for the content published by the members on the Site and upon which DEEZER has no control or supervision.
+### Article 6 - Term and termination
+The Subscriber expressly agrees, in order to avoid being held liable, that he will ensure that the messages published by him on the Site do not, notably but not limited to:
+#### 6.1 Term and Renewal
+\- Constitute a violation of third parties intellectual property rights; therefore the member agrees not to publish, on the Site, 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 functionalities;
+\- Applaud crimes or contain illegal or threatening messages or of a paedophile, pornographic, defamatory, obscene, hateful, racist, anti-semitic, xenophobic, revisionist nature or against public orders and good manners;
+\- Infringe a right to private life or disrespect third parties dignity;
+\- Encourage violence, fanaticism, crime, suicide, hate linked to religion, race, sex, sexual preferences, ethnicity;
+\- Harass other members;
+\- 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 whose content violates any law and regulation in effect, infringes third party rights or violates the Terms.
+If you are a Subscriber, the initial term of your subscription to the Elite Service will be one (1) month or one (1) year or two (2) years depending on the type of subscription you haven chosen. Thereafter, your subscription to the Elite Service will be automatically renewed for subsequent one (1) month or one (1) year or two (2) years periods unless you have provided prior notice to DEEZER of your wish to discontinue your Elite Service subscription. If you cancel your Elite 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 Elite Service subscription fees for each month or year or two years of your subscription term.
+ii) The Subscriber agrees not to use any automatic system such as scripts in the purpose of adding users to his Profile and/or send comments or messages.
+Instructions on how to cancel your Elite Service subscription are set forth in Article 6.3 below.
+iii) DEEZER has the right, in case the Subscriber 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.
+#### Trial Periods
+### Article 12 - Disclaimer of Warranties
+DEEZER may also make available on the Site or the Application access to the Elite Service for trial periods of varying duration ("Trial Periods"). Unless otherwise indicated, your use of the Site and 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 Site or Application, following the Trial Period, we automatically will convert your Trial Period subscription into a paid subscription for the Elite 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 Elite Service for each month or year or two years following the expiration of your Trial Period and continuing through the month or year or two years in which you cancel your subscription term as described in Article 6.3.
+The Subscriber declares being informed of the confines and limitations of the internet network.
+#### 6.2. No Refund
+As a result, DEEZER disclaims any liability for the dysfunction of the Premium Service access, the opening and consultation velocity of the Site pages, the listening velocity of the tracks, the temporary or final inaccessibility to the Premium Service, and the fraudulent use by third parties of the information provided on the Site.
+The Elite Service subscription fees are paid in advance. You hereby agree and acknowledge that once you have authorized DEEZER to charge you for the Elite 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 Elite Service, you can contact us as set forth in Article 6.3 below.
+Therefore, it is the Subscriber's duty to protect his personal data and information or other equipments 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.
+#### 6.3 Termination
+More broadly, DEEZER disclaims any liability if a breach of any obligation results from acts of god, 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, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, 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.
+#### 6.3.1. Subscription Termination Initiated by a Subscriber
+DEEZER disclaims any liability in case the Premium Service would turn out to be incompatible with certain equipments and/or functionalities of the Subscriber's equipment.
+If you wish to terminate your Elite Service subscription (or if you wish to not be enrolled in the Elite Service subscription following a Trial Period), you can do so by (1) accessing the "Terminate my Subscription" section of the Site or (2) emailing us [here](http://support.deezer.com/hc/en-gb/requests/new). Termination of your Elite Service subscription will become effective at the end of the current monthly or yearly or two years subscription period, provided that you have provided notice of your intent to terminate at least forty-eight hours (48) prior to the end of the current subscription period. If you fail to notify DEEZER forty-eight hours (48) prior to the end of the current subscription period, we reserve the right to charge you Elite Service subscription fees for the following month or year or two years (depending on the type of subscription you have chosen).
+Finally, the Subscriber is solely liable of his use of the Service and cannot held DEEZER liable for any claim and/or proceedings against him. 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 his use of the Service.
+If your subscription was made via a partner website (such as iTunes), you must first check the conditions from the "My Account" section on the Site, then follow the instructions to terminate the subscription. You should be aware that conditions (how to terminate, within what time frame, etc.) may vary from one platform to another.
+### Article 13 - Privacy Policy
+#### 6.3.2. Termination initiated by DEEZER
+DEEZER shall respect the legislation in effect regarding the protection of privacy concerning the processing of personal Data.
+DEEZER may suspend, terminate or modify your access to the Site or 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 Site or Service, with or without notice to you.
+The information and data of the Subscriber collected are being processed and are mandatory for the management of his subscription. In that purpose, they can be transferred to companies in charge of the management, the execution and the processing of the payment operations. These information and data are also kept for security reasons, in order to respect the legislation to which DEEZER is submitted. These Data are processed and kept at the Site hosting provider identified within the legal notice, which can be found on the Site, in conditions aiming to guarantee security.
+Without limiting the foregoing, DEEZER may, without notice or compensation to you, terminate your access to the Site and Elite 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:
+If the Subscriber provides his consent, the collected data can also be used for the management of commercial relations in order to establish statistics and also provide DEEZER with the possibility to improve and personify the services offered and the information addressed.
+- 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 Site or 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 Site or 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.
+The Subscriber has a right to access and modify his information. If he wishes to use these rights and obtain communication of his information, the Subscriber can contact DEEZER via the Site by clicking on the section "Contact Us" or by writing.
+### Article 7 - User Content and Other User Restrictions
+If you gave your consent (for example at time of creation of you account in order to subscribe to the Premium Service), you may receive a newsletter from DEEZER to the email address you have provided and, if applicable, modified by yourself. If you do not wish to receive this newsletter, you can at any time unsubscribe by clicking on the link placed at the bottom of each newsletter or by modifying your data via your account on the Site by clicking on the section "Modify your personal data" (to access this section, click here).
+You are solely liable for any messages, communications, content, images, material, data or information that you publish or provide on the Site or through the Service ("User Content").
+If the Subscriber has given his consent (by example at the time of creation of his account in order to register to the Service), the Subscriber may receive offers from DEEZER's partners to his provided email address and, if applicable, later on modified by him and his address can be transmitted to his commercial partners
+By transmitting or submitting any User Content while using the Site or 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 User 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.
+The subscriber is informed that his data can be disclosed in respect of the legislation or under a decision from a judicial or administrative authority.
+You further affirm, represent and warrant that your User 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.
+### Article 14 - "Cookies"
+You own your User 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 User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions thereof.
+DEEZER and its partners implement cookies on Subscribers' computer.
+You agree not to:
+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, Subscribers can visit the section "Personal Data and Cookies" on the Site.
+- use any automatic system, such as scripts, to add members to your profile or to send comments or messages on the Site.
+- Create or use any hyperlink to the Site 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); 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, is strictly prohibited.
+### Article 15 - Intellectual Property
+### Article 8 - Privacy Policy
+The general structure of the Site, the Application, the Premium 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 his licensors (notably the records and videos producers, the record companies, authors society).
+In connection with your use of the Site and Service, please review the DEEZER Privacy Policy, located [here](http://www.deezer.com/legal/personal-datas/), in order to understand how we collect and use information about you when you access, visit or use the Site or 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.
+These elements are protected by intellectual property laws and others, and notably the copyright. You can only use these elements for the purpose of using the Service, in conformity with the Terms.
+### Article 9 - Limitation of Liability; Indemnification
+Any total or partial representation of the Site, of the Service and/or the elements composing it (as described above) by any means without the express consent of DEEZER is therefore forbidden and would be considered as counterfeiting which is punished by law.
+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 SITE OR SERVICES. Deezer's maximum liability to you for direct damages is limited to the amount you paid to Deezer for use of the Service during the twelve-month period immediately preceding the event that gave rise to such damages.
+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.
+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 Site, Application or Service or (ii) your violation of any term or condition of these Terms of Service.
+The tracks on the Service are protected numerical files by national and international copyright and neighboring rights. Therefore, and in conformity with the Intellectual Property Rights, only their listening within a private and family circle is allowed. Any use for a non private purpose will expose the Subscriber to civil and/or criminal proceedings. Any other use of the numerical files 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 are strictly prohibited.
+### Article 10 - DEEZER Digital Millennium Copyright Act Policy
+The Subscriber recognizes that the recordings provided to him on the Site 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 under the Terms.
+If you believe that content available on or through the Site or the Application or accessible via links posted on the Site 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 Subscriber agrees not to bypass, by any means, these technical protection measures, for the purpose of downloading these files and enable their conservation within the storage unit of his reception terminal whatever it is (Computer, mobile phone, music player and other portable music disc player.
+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.
+### Article 16 - Suspension and/or termination initiated by DEEZER or the Subscriber
+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 arenot sure whether content located on or accessible via a link from the Site infringes your copyright, you should contact an attorney.
+Without prejudice of any damages that DEEZER may ask, DEEZER has the right to suspend access to the Service to a Subscriber and/or terminate by rights, without notice or compensation, its subscription to the Service in case:
+A Notification should include the following:
+\- The Subscriber does not respect the Terms and notably :
+- 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.
+- Does not respect the Intellectual Property rights of DEEZER or its licensors
+- bypass 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 subscription to the Service.
+Notifications should be adressed to our Copyright Agent at:
+\- Total or partial default of payment by the Subscriber of the price of his Subscription
+Attn.: Daniel MARHELY
+\- Activities prejudicial to DEEZER's commercial interests.
+As far as the Subscriber is concerned, he will be able to terminate, without notice nor compensation to the benefit of DEEZER, his contract or subscription if DEEZER breaches his substantial obligations defined in the Terms or with a legitimate reason such as, notably, his computer being stolen, technical inconsistency of the Service with the Subscriber's equipments.
+### Article 17 - Modifications of the Terms
+DEEZER has the right to modify in its sole discretion the Terms. BLOCKMUSIK will inform the Subscriber, through an email at the address given on the Subscriber's account, of any modification of the Terms at least 15 (fifteen) days prior to their effectiveness. In case the Subscriber would not accept these modifications, he will be free to terminate his subscription from his account on the Site as mentioned in Article 5 above, this termination becoming effective at the next monthly subscription due date. In case the Subscriber does not terminate the subscription, the new Terms will therefore apply from the following subscription due date after the Terms became effective
+### Article 18 - Customer service department
+For any information or question regarding the Service, you can contact DEEZER through the Site by clicking on the section "Contact us" or by addressing a mail to the following address:
 **BLOGMUSIK**
 rue d'Athènes 75009 Paris
 FRANCE
+### Article 19 - Nullity of a term
+And should be sent to dmca@deezer.com
+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.
+Notifications will be forwarded to those whose material or links are the subject of the Notification and to chillingeffects.org.
+### Article 20 - Jurisdiction and litigation
+### Article 11 - Disclaimer of Warranties
+The Terms are governed by the law applicable to the defendant.
+THE SITE AND 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 SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVERS THAT MAKE THE 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 SERVICE, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
+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 the court where the defendant lives and thus even if there are multiple defenders or in case of guarantee enforcement.
+YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SITE OR 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 SITE OR SERVICE. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR 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.
+## Terms of Use and Sale Deezer Premium + Service
+The music catalogue available as part of the 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 Elite Service catalogue. You agree that DEEZER will not be held liable for the removal of parts of the catalogue content offered.
+### Article 1 - General remarks
+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.
+The DEEZER website, which can be found at the address http://www.deezer.com (hereinafter the "Site"), is a publication created, developed and operated by BLOGMUSIK S.A. (hereinafter "DEEZER") a French corporation registered under number 495 246 308, with principal offices located 12 rue d'Athènes 75009 Paris, FRANCE.
+Finally, you are solely liable of your use of the Site and Elite Service and you agree that DEEZER will not be liable for any claim arising from your use of the Site or Service.
+The Site offers to its visitors and members the possibility to discover and access tracks through different types of services (such as smartradio) and functionalities (such as the sharing of tracks on social medias, comments).
+### Article 12 - Cookies
+The Site also offers an unlimited service of on-demand music and mobile service with a temporary download functionality through a paid subscription (hereinafter altogether "the Premium + Service").
+DEEZER and its partners implement cookies on Subscribers' computer.
+The hereby conditions of use and sale (hereinafter the "Terms") exclusively govern the Premium + Service provided by DEEZER. These conditions apply against any other terms, notably the ones in effect for other services - free or paid - offered on the Site.
+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 "Personal Data and Cookies" on the Site or review Section 7 of the Deezer Privacy Policy, located [here](http://www.deezer.com/legal/personal-datas/)
+The purpose of the hereby Terms is to define the contractual and commercial relationship between DEEZER, on one hand, and any subscriber to the Premium + Service (hereinafter the "Subscriber"), on the other hand.
+### Article 13 - Intellectual Property
+The use of the Site and of the Premium + Service is only authorized for a personal and private use, therefore any other use, notably in public premises and businesses, is strictly forbidden.
+The Site, the Application, the Elite 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 Service in accordance with these Terms of Service.
+The subscription and access to the Premium + Service strictly depend on the prior consent without any restriction and reserve to all the Terms.
+Any unauthorized use of the Site, Service or the DEEZER Content without the express consent of DEEZER is strictly forbidden.
+### Article 2 - Premium + Service Presentation
+The Recordings are protected by copyright laws. Therefore, you may not use the Service for any commercial purposes, including playing the Recordings in a business environment or public place. You may only access the Site and use the Service for your own personal use.
+The Premium + Service is a service offered and operated by DEEZER enabling, by consenting to the hereby Terms, from a personal computer to listen to unlimited music in high quality audio and without any advertisement.
+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 Site is strictly prohibited.
+From the Site or the Application, and once he has subscribed, the Subscriber has access to all functionalities of the Premium + Service.
+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.
+The main characteristics of the Premium + Service are the followings:
+### Article 14 - Modifications of the Terms of Service
+\- Unlimited access, for the purpose of temporary download on four authorized devices (non portable or portable devices) the tracks part of the Premium + Service music catalogue and the Site playlists, in order to then listen to them when offline;
+DEEZER may amend these Terms of Service from time to time. We will post any material changes to these Terms of Service on the Site 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 by (1) accessing the "Terminate my Subscription" section of the Site or (2) emailing us [here](http://support.deezer.com/hc/en-gb/requests/new) and you will not be bound by the amended terms. Otherwise, the new terms will take effect after thirty (30) days.
+\- No advertisement;
+### Article 15 - Contact DEEZER
+\- A high sound quality.
+For any information or question regarding the Service, you can contact DEEZER through the Site by clicking [here](ttp://support.deezer.com/hc/en-gb/requests/new)
+The Premium + Service is accessible by the Subscriber until the end of his subscription as indicated on the subscription page of the Site at the time of such subscription.
+### Article 16 - Nullity of a term
+DEEZER may offer the Premium + Service for limited time periods at a retail price as defined from time to time by DEEZER in the subscription page on the Site (hereinafter the "Special Offers"). DEEZER reserves the right, in its discretion, to determine users' eligibility for the Special Offers and to withdraw or to modify a Special Offer with no liability.
+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.
+Once the subscription is expired or terminated, the unlimited access, the download functionality and listening are not authorized anymore.
+### Article 17 - Choice of Law
+The Premium + Service is accessible from a personal computer (PC or Mac) by connecting to the Site or from a portable device through the application Deezer Premium + (hereinafter the "Application") which needs to be downloaded by the Subscriber. The Premium + Service is also accessible without any internet connection, by clicking on the "Offline Mode" button of the Site or the Application.
+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.
+The Subscriber shall use the Google Chrome browser to be able to use the Offline Mode on his personal computer.
+### Article 18 - Arbitration Agreement and Waiver of Class Remedies
+By using the Offline Mode, the Subscriber can only access to the tracks, albums and playlists that he has previously temporarily downloaded, from the Site or the Application, on its device (non portable or portable device).
+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. In the U.S., all claims arising out of or relating to these Terms of Service (including its formation, performance and breach) and your use of the Site or 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 temporary downloading of tracks, albums or playlists is possible through the Offline Mode button which appears on the pages of the Site or of the Application. The downloaded tracks can then be listened without any Internet connection or 3G mobile technology during the entire duration of the Subscription, but cannot however be transferred or burned on any support whatsoever.
+**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.**
+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 within the Site or the Application.
+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.
+### Article 3 - Use of the Premium + Service
+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. The notice must be sent within thirty (30) days of registering to use the Site, 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.
+The use of the Premium + 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.
+### Article 19 - Assignment
+A connection to internet for mobile through a third generation (3G) mobile technology norm is highly recommended.
+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.
+The music catalogue available, as part of the Premium + 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 Premium + Service catalogue. Moreover, DEEZER cannot guarantee that any determined track, album, artist or group on the Service catalog will be indefinitely available. DEEZER can never be held liable for the removal of parts of the catalogue content offered.
+### Article 20 - Entire Agreement
+As a subscriber, you can activate the Premium + Service on a personal computer (PC or MAC) and a compatible portable device registered with the Premium + Service. The Premium + 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.
+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 Service.
+### Article 4 - Availability and modification of the Premium + Service
+### Article 21 - No Waiver
+The Premium + Service can be accessed to 24 hours a day and seven days a week, within the limit of the Terms and the terms of Article 11 hereunder.
+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.
+However, DEEZER has the right to bring any modification and amelioration to the Premium + Service as it deems necessary for technical evolution.
+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.
+In addition, DEEZER has the right, without prior notice or compensation, to temporarily remove access to the Premium + Service if necessary in order to ensure the maintenance due to technological evolution or continuity of the Premium + Service. 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 Premium + Service interruptions 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 the Service. Any final shutdown of the Premium + Service will be notified via the Site at least 1 (one) month before it occurs or via the Application, the Subscriber will not be accountable for any payment from the date of the Premium + Service shutdown.
+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.
+### Article 5 - Absence of the right to revocation - duration - renewal - termination - downgrade to Premium service.
+## Terms of Use for Deezer Premium+
+#### 5.1 No right of revocation
+These Terms of Service (the "Terms of Service") apply if (i) you are located in a country where Deezer Premium + (the "Premium + Service") is available, (ii) you are an eligible Bose customer according to the terms and conditions below. These Terms of Service describe the terms pursuant to which BLOGMUSIK S.A. (hereinafter "DEEZER") offers certain Bose customers (as defined below), under specific conditions, the benefit of a free trial period and discount promotional offer to Deezer Premium + (the "Offer"). These Terms of Service apply when you access, visit or use the Premium + Service.
+The Subscriber expressly recognizes and agrees that the supply of the Service starts at the time of validation of the subscription and acknowledges that he consequently loses his right to withdraw from the subscription. Accordingly, no request for revocation, cancellation or refund will be accepted after such validation.
+The Premium + Service an unlimited service of on-demand music with a temporary download functionality through a paid subscription. The Premium + Service is accessible via a website located at www.deezer.com (the "Site"), and via a mobile application on certain compatible devices.
+#### 5.2 Duration
+The purpose of these Terms of Service is to define the contractual and commercial relationship between DEEZER, on one hand, and you, as an eligible subscriber to the Premium + Service (hereinafter the "Subscriber"), on the other hand.
+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 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.
+**You accept these Terms of Service and agree to be bound by these Terms of Service when you access, visit or use the Premium + Service or create a DEEZER account. Please read these Terms of Service carefully because they govern your access to and use of the Premium + Service and set forth legally binding terms applicable to your use of the Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU SHOULD NOT ACCESS OR USE THE SERVICE.**
+#### 5.3 Renewal
+The use of the Premium + Service is only authorized for personal and private use, therefore any other use, including any use of the Premium + Service for a commercial purpose or any use of the Premium + Service in a public place or business, is strictly forbidden.
+Except termination by the Subscriber within the provisions of article 5.4, the subscription to the Service is tacitly renewed for the exact same duration than the initial one.
+### Article 1 - Eligibility & Offer
+In case of a tacit renewal, the price in effect for the subscription concerned will be fully applied to the Subscriber.
+The Offer is only made available to eligible Bose customers ("Eligible Bose Customers") as defined below, and only to those Eligible Bose Customers located in countries where the Premium + Service is available. To check the availability of the Premium + Service in your country, please go to [www.deezer.com.](http://www.deezer.com/)
+Unless otherwise indicated on the Site or on the Terms and except termination by the Subscriber respecting the provisions of article 5.4, any trial or discovery offer is automatically transformed into a monthly subscription at the price indicated in the offer or, otherwise, at the price applicable to the monthly subscription of the Premium + Service.
+Eligible Bose Customers shall be defined as a Bose customer who (i) already owns or purchases a Bose "SoundLink Product" or a "SoundTouch Product" as defined below, and (ii) who is not otherwise excluded from the Offer as expressly set forth below.
+#### 5.4 Termination
+The SoundLink Products allowing eligibility to the Offer are:
+If the subscription is made directly from the Site, in order to terminate a subscription the Subscriber must go to their account under the section of the Site called "Terminate my Subscription". Termination will be effective at the end of the current subscription period, if actioned 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.
+- SoundLink Color
+- SoundLink Mini Bluetooth speaker
+- SoundLink Mobile III Bluetooth speaker
+- SoundLink AE Bluetooth headphones
+- SoundLink OE Bluetooth headphones
+If the subscription was made via a partner website (such as iTunes for example), the Subscriber must first check the conditions from the "My Account" section on the Site, then follow the instructions to terminate the subscription. The Subscriber should be aware that conditions (how to terminate, within what time frame, etc.) may vary from one platform to another.
+The SoundTouch Products allowing eligibility to the Offer are:
+#### 5.5 Upgrade to Premium + Service
+- SoundTouch 20/30/Portable Wi-Fi music system series I, II
+- Wave SoundTouch system
+- SoundTouch SA4 amplifier
+- SoundTouch SA4 amplifier bundles with speakers
+- SoundTouch Stereo JC, series I and II
+- SoundTouch wireless adapter
+- Lifestyle home theater systems with SoundTouch
+In case the Subscriber switches from the Premium Service to the Premium + Service, the upgrade will take effect immediately as authorised by DEEZER. Henceforth, DEEZER will immediately charge the Subscriber for the newly activated Premium + Service subscription, regardless of whether the subscription period for the Premium Service has come to an end or not, meaning that if the Subscriber is upgrading to the Premium + Service during the Premium Service subscription period, DEEZER will charge the Subscriber for both Services.
+Eligible Bose Customers can only benefit once from the Offer. Eligible Bose Customers shall not be eligible to redeem the trial period of the Offer if they previously have redeemed any offer for a trial period of the Premium + Service. Subscribers to any of the Deezer services through their telecommunication carrier will not be eligible to the Offer. The Offer is not available in countries where the Premium + Service is not available. In France, Eligible Bose Customers who are already subscribers to the Premium + Service cannot benefit from the Offer.
+There will be no refund of the price paid for the Premium Service subscription due to the upgrade.
+The Offer consists of a free of charge trial to the Premium + Service, and of a discount promotional subscription to the Premium + Service. The trial period is of 30 consecutive days for Eligible Bose Customers owning or purchasing a SoundLink Product, and is 15 consecutive days with an optional and additional 15 consecutive days for Eligible Bose Customers owning or purchasing a SoundTouch Product.
+### Article 6 - Terms of access to the Premium + Service
+The discount promotional subscription shall be of 12 consecutive months of the Premium + Service at half price (50% off) the regular retail price of the Premium + Service (as applicable in the country where the Eligible Bose Customer is located). Following the end of such discount period, the Eligible Bose Customer will be charged at the full standard retail price of the Premium + Service, on a monthly basis.
+The Subscriber declares being capable to accept the hereby Terms, which means that he has the legal required age and he is not under a legal protection measure (such as legal guardianship) or if the Subscriber is under the legal age, has a parental authorization giving him permission to subscribe.
+Eligible Bose Customers can cancel their trial period and/or discount promotional subscription at any time as set forth below in Section 6. No cancellation fees apply.
+The Subscriber declares living in the effective country and owning a credit card issued by a bank established in this country.
+The Offer shall be available from September 15th 2014 until March 6th 2015 for Eligible Bose Customers owning or purchasing a SoundLink Product, and from October 10th 2014 until March 6th 2015 for Eligible Bose Customers owning or purchasing a SoundTouch Product. Redeemed Offers during those periods shall be activated by Deezer for Eligible Bose Customers until June 30th 2015.
+### Article 7 - Creation of an account
+Detailed instructions of how the Offer can be redeemed and activated are provided to you at the time of purchase of your Bose product or later, by any means available to Bose and/or Deezer.
+In order to subscribe to a Premium + Service, every user must:
+### Article 2 - Description of the Premium + Service
+\- Create an account on the Site or download and create an account on the Application or, if the user is already registered, log on the Site or on the Application
+The Premium + Service is a service offered and operated by DEEZER that enables Subscribers to access the Service from a personal computer or portable device and to listen to an unlimited amount of music in higher quality audio (than is made available through DEEZER's free streaming services, where available) without any advertisements.
+\- Provide the information requested on the subscription form;
+The main characteristics of the Premium + Service are the following:
+\- Give his consent to the Terms;
+\- Unlimited access, on up to four authorized devices (personal computers or mobile devices) for the purpose of temporarily downloading the Recordings, in order to then listen to them when offline;
+\- No advertisements; and
+\- A higher sound quality than is offered through DEEZER's free streaming services (where available).
+\- Pay the price for his subscription through one of the payment systems offered;
+As a Subscriber, you may access the Premium + Service until the end of your subscription, as indicated on the subscription page of the Site at the time of such subscription.
+\- Confirm his registration.
+DEEZER may offer the Premium + Service for limited time periods at retail prices established from time to time by DEEZER in the subscription page on the Site (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.
+The Subscriber agrees to provide true, accurate and sincere information on him.
+Once your subscription is expired or terminated, you have no right to access or use the Premium + Service.
+Once his registration has been validated, DEEZER will send to the Subscriber a confirmation email at the email address given at the time of registration.
+The Premium + Service is accessible from a personal computer operating the Microsoft Windows, Google Chrome OS or Apple OSX operating systems by connecting to the Site or from a portable device operating the Apple iOS or Google Android operating systems through the Deezer Premium + application (hereinafter the "Application"). The Application is available for download through the Apple iTunes and Google Android app stores. The Premium + Service is also accessible without an internet connection, by clicking on the "Offline Mode" button of the Site or the Application. Subscribers must use the Google Chrome browser to be able to use the Offline Mode on a personal computer. By using the Offline Mode, you will only be able access the tracks, albums and playlists that you have previously temporarily downloaded, from the Site or the Application, on that particular computer or portable device.
+Subject to the other conditions of the Terms, the subscription to the Service will only become effective when DEEZER sends the confirmation email mentioned above. DEEZER recommends to the Subscriber to save and/or print this email.
+The temporary downloading of tracks, albums or playlists is possible through the Offline Mode button which appears on the pages of the Site or of 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.
+The Subscriber can modify the password given on his account at any time by clicking on the section "My information".
+### Article 3 - Use of the Service
+The Subscriber agrees to inform DEEZER, without delay, of any modification to the information provided at the time of the Service subscription and notably any modification of his email address or bank details. The Subscriber can modify these information at any time on his account on the Site by clicking on the section "My information".
+Your access to the Site and use of the Service requires a high-speed internet connection.
+The Subscriber must immediately inform DEEZER of any loss or unauthorized use of his account, his identification details and his 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.
+For Subscribers accessing the Site or Service via a mobile device, DEEZER strongly recommends the use of at least a third generation (3G) mobile network connection.
+The Subscriber is solely liable for the consequences due to the use of his account, and thus until its deactivation, and as a result, the Subscriber recognizes that DEEZER and all its partners, co-contracting party or right holders cannot be held liable on this matter, unless the Subscriber can prove that the use of his identification details and/or account results from a fraud by a third party.
+#### 3.1 Use of the Premium + Service
+### Article 8 - Price
+#### 3.1.1 Licence
+The subscription price is indicated on the Site or on the Application and includes all taxes.
+As a Subscriber, DEEZER grants you a limited, non-exclusive, non-transferable and revocable license to access and use the Premium + Service for the duration of your subscription to the Premium + Service, unless terminated by DEEZER or you in accordance with the terms and conditions of these Terms of Service.
+DEEZER has the right to modify the price of every subscription offers. DEEZER will inform each subscriber through an email to the address provided by the Subscriber at the time of registration to the Premium + Service (or later by modifying it on his account) of any price increase at least 15 (fifteen) days before it becomes effective. In such case, the Subscriber, not willing to accept this increase, can terminate his subscription the termination section of the Site; as mentioned at article 5 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.
+#### 3.2 Access
+Any increase of the VAT (Value Added Tax) will be impacted automatically and immediately on the Premium + 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 Premium + Service and applicable to DEEZER. The conditions for termination applicable in case of modification of the Premium + Service price mentioned above, will apply in the same conditions in case of a modification resulting from the increase or creation of new taxes.
+Prior to the use of the Premium + Service, you must subscribe to the Premium + Service on the Site or the Application.
+It is reminded that the connection and communication (internet) costs relating to the use of the Premium + Service are not supported by DEEZER and must be supported only by the Subscriber.
+In order to subscribe to a Premium + Service, you must:
+### Article 9 - Payment of the price
+\- Create an account on the Site or download and create an account on the Application or, if the user is already registered, log on the Site or on the Application;
+\- Provide the information requested on the subscription form;
+\- Consent to these Terms of Service;
+\- Pay the subscription price for the Premium + Service through one of the payment systems offered; - Confirm your subscription.
+Different payment methods are offered on the Site (such as Visa or MasterCard credit card, PayPal).
+As a Subscriber, you hereby agrees to provide true, accurate and complete information in connection with your registration on the DEEZER Site and the Premium + Service.
+It is underlined that when a Subscriber communicates to DEEZER his bank details, they are not kept by DEEZER.
+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 Premium + Service will only become effective when DEEZER sends the confirmation email mentioned above. DEEZER recommends that you save and/or print the confirmation email.
+The Subscription price has to be paid monthly no matter the duration of the subscription chosen by the Subscriber. The payment will be made, at the beginning of each month, at the time of registration and then each month, by debit until the termination of his subscription, whether the termination initiates from the Subscriber or DEEZER.
+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 Site.
+In order to optimize the security of the transactions, DEEZER has chosen the payment systems of the companies with which it has entered into agreements (such as Paypal and Ogone. The guarantees provided by DEEZER in term of transactions security are identical to the ones obtained by DEEZER from the editors of the payment systems mentioned.
+You hereby agree to inform DEEZER, without delay, of any modification to the information you provided at the time of the Service subscription and notably any modification of the email address or bank details you provided in connection with your subscription.
+Failing to provide conflicting elements brought by the Subscriber, the computerized records, kept within the DEEZER computer systems and his partners on reasonable security conditions, will be considered as proof of communications, orders, validations and payments which occurred between the Subscriber and DEEZER. These information will be enforceable between the Subscriber and DEEZER unless the Subscriber can provide conflicting written proof.
+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.
+### Article 10 - Territory
+As a Subscriber, you may activate the Premium + Service on a personal computer operating the Microsoft Windows, Google Chrome OS or Apple OSX operating systems or a portable device operating the Apple iOS or Google Android operating systems registered with the Premium + Service. The Premium + Service is only accessible from one connection at a time (personal computer or compatible portable device registered). If DEEZER determines that you are simultaneously accessing the Premium + Service from multiple devices or computers, DEEZER may terminate your subscription and//or your access to the Site and Service.
+The subscription to the Service is reserved to physical person, living in the effective country and owning a credit card produced by a bank established in his country.
+#### 3.3 Price
+### Article 11 - Subscriber liability
+The subscription price of the Premium + Service is indicated on the Site or on the Application and includes all taxes.
+i) The Subscriber is solely liable for any messages, content or information published by himself on the Site; DEEZER is only considered as an internet service hosting provider and cannot be held liable for the content published by the members on the Site and upon which DEEZER has no control or supervision.
+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 Site. 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 Premium + Service, you will be charged the new price beginning after the fifteen (15) day notice period.
+The Subscriber expressly agrees, in order to avoid being held liable, that he will ensure that the messages published by him on the Site do not, notably but not limited to:
+Any increase of the sales tax will be automatically and immediately impacted on the Premium + 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 Premium + Service and applicable to DEEZER. The conditions for termination applicable in case of modification of the Premium + Service price mentioned above, will apply in the same conditions in case of a modification resulting from the increase or creation of new taxes.
+\- Constitute a violation of third parties intellectual property rights; therefore the member agrees not to publish, on the Site, 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,
+Different payment methods are accepted on the Site, including, Visa or MasterCard credit cards and PayPal.
+\- Contain any computer virus which can interrupt, destroy or affect the Site's functionalities;
+It is underlined that when a Subscriber communicates to DEEZER his bank details, they are not kept by DEEZER.
+\- Applaud crimes or contain illegal or threatening messages or of a paedophile, pornographic, defamatory, obscene, hateful, racist, anti-semitic, xenophobic, revisionist nature or against public orders and good manners;
+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.
+\- Infringe a right to private life or disrespect third parties dignity;
+### Article 4 - Availability and modification of the Service
+\- Encourage violence, fanaticism, crime, suicide, hate linked to religion, race, sex, sexual preferences, ethnicity;
+DEEZER uses reasonable efforts to make the 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 Service, as deemed necessary by DEEZER, including to perform maintenance of Site or the Service.
+\- Harass other members;
+DEEZER will use reasonable efforts to provide you with at least twenty four (24) hours' notice prior to any Service interruptions.
+\- Promote or encourage any criminal activity or enterprise;
+If DEEZER elects, in its discretion, to discontinue access to the Site or Service, DEEZER will notify you via the Site or Application and you will not be charged any additional subscription fees after the date your access to Site or Service has been terminated.
+\- Request and/or communicate passwords and/or personal information for commercial or illegal purpose;
+### Article 5 - Terms of Access to the Site and Service
+\- Transmit emails chains, unsolicited massive emails, instant messages, advertising messages and spam messages;
+In order to access the Site or Service, you must be located in a country where the Service is available, and be a least 13 years of age.
+\- Contain advertisement and/or solicitation in order to offer products and/or services to sell through the Site;
+If you are not at least 13 years of age, you shall not attempt to access the Site or use the Service.
+\- Contain addresses or internet links transferring to external website whose content violates any law and regulation in effect, infringes third party rights or violates the Terms.
+If you are between 13 and 17 years of age, you must have your parent's or guardian's consent to register for the Site and/or subscribe to the Service.
+ii) The Subscriber agrees not to use any automatic system such as scripts in the purpose of adding users to his Profile and/or send comments or messages.
+Please note that certain functionalities or features of the Service described on the Site or Application may be not available in your country.
+iii) DEEZER has the right, in case the Subscriber 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 - Term and termination
+### Article 12 - Disclaimer of Warranties
+#### 6.1 Term and Renewal
+The Subscriber declares being informed of the confines and limitations of the internet network.
+If you are a Subscriber, the initial term of your subscription to the Premium + Service will be one (1) month. Thereafter, your subscription to the Premium + 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 Premium + Service subscription. If you cancel your Premium + 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 Premium + Service subscription fees for each month of your subscription term.
+As a result, DEEZER disclaims liability for the dysfunction of the Premium + Service access, the opening and consultation velocity of the Site pages, the listening velocity of the tracks, the temporary or final inaccessibility of the Premium + Service, and the fraudulent use by third parties of the information provided on the Site or the Application.
+Instructions on how to cancel your Premium + Service subscription are set forth in Article 6.3 below.
+Therefore, it is the Subscriber's duty to protect his personal data and information or other equipments 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.
+#### Trial Periods
+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, 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 and more broadly any unstoppable and unforeseen event which prevent the good execution of the orders.
+DEEZER may also make available on the Site or the Application access to the Premium + Service for trial periods of varying duration ("Trial Periods"). Unless otherwise indicated, your use of the Site and 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 Site or Application, following the Trial Period, we automatically will convert your Trial Period subscription into a paid subscription for the Premium + 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 Premium + 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.
+DEEZER disclaims liability in case the Service would turn out to be incompatible with certain equipments and/or functionalities of the equipment of the Subscriber.
+#### 6.2. No Refund
+Finally, the Subscriber is solely liable of his use of the Service and cannot held DEEZER liable for any claim and/or procedure made against him. 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 his use of the Service.
+The Premium + Service subscription fees are paid in advance. You hereby agree and acknowledge that once you have authorized DEEZER to charge you for the Premium + 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 Premium + Service, you can contact us as set forth in Article 6.3 below.
+### Article 13 - Privacy Policy
+#### 6.3 Termination
+DEEZER shall respect the legislation in effect regarding the protection of privacy concerning the processing of personal data of subscribers.
+#### 6.3.1. Subscription Termination Initiated by a Subscriber
+The information and data of the Subscriber collected are being processed and are mandatory for the management of his subscription. In that purpose, they can be transferred to companies in charge of the management, the execution and the processing of the payment operations. These information and data are also kept for security reasons, in order to respect the legislation to which DEEZER is submitted. These Data are processed and kept at the Site host identify within the legal notice which can be found on the Site in conditions aiming to guarantee security.
+If you wish to terminate your Premium + Service subscription (or if you wish to not be enrolled in the Premium + Service subscription following a Trial Period), you can do so by (1) accessing the "Terminate my Subscription" section of the Site or (2) emailing us [here](http://support.deezer.com/hc/en-gb/requests/new). Termination of your Premium + Service subscription will become effective at the end of the current monthly subscription period, provided that you have provided notice of your intent to terminate at least forty-eight hours (48) prior to the end of the current subscription period. If you fail to notify DEEZER forty-eight hours (48) prior to the end of the current subscription period, we reserve the right to charge you Premium + Service subscription fees for the following month.
+If the Subscriber provides his consent, the collected data can also be used for the management of commercial relations in order to establish stats and also provide DEEZER with the possibility to improve and personified the services offered and the information addressed.
+If your subscription was made via a partner website (such as iTunes), you must first check the conditions from the "My Account" section on the Site, then follow the instructions to terminate the subscription. You should be aware that conditions (how to terminate, within what time frame, etc.) may vary from one platform to another.
+The Subscriber has a right to access and modify his information. If he wishes to use these rights and obtain communication of his information, the Subscriber can contact DEEZER via the Site by clicking on the section "Contact Us" or by writing.
+#### 6.3.2. Termination initiated by DEEZER
+If the Subscriber has given his prior consent (by example at the time of creation of you account in order to subscribe to the Service), the Subscriber may receive a newsletter from DEEZER to the email address you have provided and, if applicable, modified by yourself. If the Subscriber does not wish to receive this newsletter, it can at any time unsubscribe by clicking on the link placed at the bottom of each newsletter or by modifying your data from your account on the Site by clicking on the section "Account".
+DEEZER may suspend, terminate or modify your access to the Site or 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 Site or Service, with or without notice to you.
+If the Subscriber has given his prior consent (by example at the time of creation of his account in order to register to the Premium + Service), the Subscriber may receive offers from DEEZER's partners to his provided and, if applicable, modified email address and his address can be transmitted to his commercial partners.
+Without limiting the foregoing, DEEZER may, without notice or compensation to you, terminate your access to the Site and Premium + 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:
+The Subscriber is informed that his data can be disclosed in respect of the applicable legislation or under a decision from a judicial or administrative authority.
+- 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 Site or 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 Site or 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 14 - "Cookies"
+### Article 7 - User Content and Other User Restrictions
+DEEZER and its partners implement cookies on Subscribers' computer.
+You are solely liable for any messages, communications, content, images, material, data or information that you publish or provide on the Site or through the Service ("User Content").
+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, Subscribers can visit the section "Personal Data and Cookies" on the Site.
+By transmitting or submitting any User Content while using the Site or 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 User 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.
+### Article 15 - Intellectual Property
+You further affirm, represent and warrant that your User 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.
+The general structure of the Site, the Application, the Premium + 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 his licensors (notably the records and videos producers, the record companies, authors society).
+You own your User 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 User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions thereof.
+These elements are protected by intellectual property laws and others, and notably the copyright. You can only use these elements for the purpose of using the Service, in conformity with the Terms.
+You agree not to:
+Any total or partial representation of the Site, of the Service and/or the elements composing it (as described above) by any means without the express consent of DEEZER is therefore forbidden and would be considered as counterfeiting which is punished by law.
+- use any automatic system, such as scripts, to add members to your profile or to send comments or messages on the Site.
+- Create or use any hyperlink to the Site 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); 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, is strictly prohibited.
+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.
+### Article 8 - Privacy Policy
+The tracks on the Service are protected numerical files by national and international copyright and neighboring rights. Therefore, and in conformity with the Intellectual Property Rights, only their listening within a private and family circle is allowed. Any use for a non private purpose will expose the Subscriber to civil and/or criminal proceedings. Any other use of the numerical files 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 are strictly prohibited.
+In connection with your use of the Site and Service, please review the DEEZER Privacy Policy,located [here](http://www.deezer.com/legal/personal-datas/), in order to understand how we collect and use information about you when you access, visit or use the Site or 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.
+The Subscriber recognizes that the recordings provided to him on the Site 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 under the Terms.
+### Article 9 - Limitation of Liability; Indemnification
+The Subscriber agrees not to bypass, by any means, these technical protection measures, for the purpose of downloading these files and enable their conservation within the storage unit of his reception terminal whatever it is (Computer, mobile phone, music player and other portable music disc player.
+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 SITE OR SERVICES. Deezer's maximum liability to you for direct damages is limited to the amount you paid to Deezer for use of the Service during the twelve-month period immediately preceding the event that gave rise to such damages.
+### Article 16 - Suspension and/or termination initiated by DEEZER or the Subscriber
+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 Site, Application or Service or (ii) your violation of any term or condition of these Terms of Service.
+Without prejudice of any damages that DEEZER may ask, DEEZER has the right to suspend access to the Service to a Subscriber and/or terminate by rights, without notice or compensation, its subscription to the Service in case:
+### Article 10 - DEEZER Digital Millennium Copyright Act Policy
+\- The Subscriber does not respect the Terms and notably :
+If you believe that content available on or through the Site or the Application or accessible via links posted on the Site 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.
+o Does not respect the Intellectual Property rights of DEEZER or its licensors
+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.
+o Bypass or attempts to bypass the technical measures of protection set up by DEEZER
+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 Site infringes your copyright, you should contact an attorney.
+o Uses multiple simultaneous connections to the same account or attempts to do so
+A Notification should include the following:
+o Provides false information at the time of his subscription to the Service.
+- 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.
+\- Total or partial default of payment by the Subscriber of the price of his Subscription
+Notifications should be adressed to our Copyright Agent at:
+\- Activities prejudicial to DEEZER's commercial interests.
+Attn.: Daniel MARHELY
+As far as the Subscriber is concerned, he will be able to terminate, without notice nor compensation to the benefit of DEEZER, his contract or subscription if DEEZER breaches his substantial obligations defined in the Terms or with a legitimate reason such as, notably, his computer being stolen, technical inconsistency of the Service with the Subscriber's equipments.
+### Article 17 - 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 address given on the Subscriber's account, of any modification of the Terms at least 15 (fifteen) days prior to their effectiveness. In case the Subscriber would not accept these modifications, he will be free to terminate his subscription from his account on the Site as mentioned in Article 5 above, this termination becoming effective at the next monthly subscription due date. In case the Subscriber does not terminate the subscription, the new Terms will therefore apply from the following subscription due date after the Terms became effective.
+### Article 18 - Customer service department
+For any information or question regarding the Service, you can contact DEEZER through the Site by clicking on the section "Contact us" or by addressing a mail to the following address:
 **BLOGMUSIK**
 rue d'Athènes 75009 Paris
 FRANCE
+### Article 19 - Nullity of a term
+And should be sent to dmca@deezer.com
+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.
+Notifications will be forwarded to those whose material or links are the subject of the Notification and to chillingeffects.org.
+### Article 20 - Jurisdiction and litigation
+### Article 11 - Disclaimer of Warranties
+The Terms are governed by the law applicable to the defendant.
+THE SITE AND 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 SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVERS THAT MAKE THE 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 SERVICE, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
+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 the court where the defendant lives and thus even if there are multiple defenders or in case of guarantee enforcement.
+YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SITE OR 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 SITE OR SERVICE. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR 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.
+## Terms of use of Deezer for Developers
+The music catalogue available as part of the 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 Service catalogue. You agree that DEEZER will not be held liable for the removal of parts of the catalogue content offered.
+The web site http://www.deezer.com (hereinafter the "Site") is an interactive and social musical website, edited by BLOGMUSIK.
+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.
+BLOGMUSIK is a French corporation with an income of 50.406,64 €, registered under number B 495 246 308, with its principal offices located at 12 rue d'Athènes 75009 Paris, FRANCE.
+Finally, you are solely liable of your use of the Site and Service and you agree that DEEZER will not be liable for any claim arising from your use of the Site or Service.
+BLOGMUSIK is hereinafter referred to as "DEEZER" for these terms (hereinafter the "Terms").
+### Article 12 - Cookies
+### I. SERVICES DESCRIPTION
+DEEZER and its partners implement cookies on Subscribers' computer.
+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").
+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 "Personal Data and Cookies" on the Site or review Section 7 of the Deezer Privacy Policy, located [here](http://www.deezer.com/legal/personal-datas/)
+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.
+### Article 13 - Intellectual Property
+The Developer, by accepting this Terms, enters into a legally binding agreement with DEEZER to abide by the same.
+The Site, the Application, the Elite 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 Service in accordance with these Terms of Service.
+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/](http://www.deezer.com/developers/) will be binding upon the Developer immediately upon posting.
+Any unauthorized use of the Site, Service or the DEEZER Content without the express consent of DEEZER is strictly forbidden.
+### II. ACCESS TO THE SERVICES
+The Recordings are protected by copyright laws. Therefore, you may not use the Service for any commercial purposes, including playing the Recordings in a business environment or public place. You may only access the Site and use the Service for your own personal use.
+Access to the DEEZER API
+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 Site is strictly prohibited.
+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.
+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.
+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.](http://www.deezer.com/developers/simpleapi)
+### Article 14 - Modifications of the Terms of Service
+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](http://www.deezer.com/developers/simpleapi) regarding the use of DEEZER's logos.
+DEEZER may amend these Terms of Service from time to time. We will post any material changes to these Terms of Service on the Site 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 by (1) accessing the "Terminate my Subscription" section of the Site or (2) emailing us [here](http://support.deezer.com/hc/en-gb/requests/new) and you will not be bound by the amended terms. Otherwise, the new terms will take effect after thirty (30) days.
+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.
+### Article 15 - Contact DEEZER
+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.
+For any information or question regarding the Service, you can contact DEEZER through the Site by clicking [here](ttp://support.deezer.com/hc/en-gb/requests/new)
+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.
+### Article 16 - Nullity of a term
+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.
+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.
+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.
+### Article 17 - Choice of Law
+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.
+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.
+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
+### Article 18 - Arbitration Agreement and Waiver of Class Remedies
+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.
+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. In the U.S., all claims arising out of or relating to these Terms of Service (including its formation, performance and breach) and your use of the Site or 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.
+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.
+**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.**
+I. II. III. DEVELOPER WARRANTY
+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.
+Developer warrants and represents to DEEZER that he:
+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. The notice must be sent within thirty (30) days of registering to use the Site, 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.
+) Provides true and complete information to DEEZER when creating a Developer account on the Site.
+### Article 19 - Assignment
+) Possesses all rights, licenses or any other authorizations or permissions necessary to develop his Webpage and/or Personal Applications.
+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.
+) Will not modify, edit, disassemble, decompile or reverse-engineer the DEEZER API or any part of the Services.
+### Article 20 - Entire Agreement
+) 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.
+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 Service.
+) 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.
+### Article 21 - No Waiver
+) 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.
+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.
+) 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.
+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.
+### IV. NON-COMMERCIAL USE
+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.
+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.
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