Voorwaarden en Gebruiksvoorwaarden

DATED 2016-08-03 · VERSION 20170112_rev01 · COMPARED WITH 20161205_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20161205_rev01 to 20170112_rev01

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

 The failure of DEEZER to require or enforce strict performance by you of any provision of these Terms of Service or the DEEZER Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of DEEZER's right to assert or rely upon any such provision or right in that or any other instance.
 The express waiver by DEEZER of any provision, condition, or requirement of these Terms of Service or the DEEZER Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
 Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by DEEZER shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of DEEZER.
+## Terms of Use for Deezer Elite
+## Terms of Use of Deezer Elite Service
+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 Deezer 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.
+These Terms of Use (the "Terms of Use") 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 Use describe the terms pursuant to which Deezer 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 Use apply when you access, visit or use the Elite Service.
+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 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](https://deezer.com/legal/www.deezer.com) (the "Site"), and via a mobile application on certain compatible devices. The purpose of these Terms of Use 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 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.
+**You accept these Terms of Use and agree to be bound by these Terms of Use when you access, visit or use the Elite Service or create a DEEZER account. Please read these Terms of Use 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.**
+**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.**
 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.
 ### Article 1 - Eligibility & Offer
+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/)
+#### 1.1 Eligibility
+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 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](https://deezer.com/legal/www.deezer.com).
+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.
+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 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.
+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 or if they are currently subscribed the Premium+ offer. 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.
+#### 1.2 Offer
+The Offer consists of (i) a free of charge trial to the Elite Service, and of a monthly or yearly or two years' subscription to the Elite Service for Deezer users registered with the free offer or (ii) a yearly subscription to the Elite service for users subscribed to a Premium+ offer. The trial period is of up to 30 consecutive days for Eligible Sonos Customers.
 Eligible Sonos Customers can cancel their trial period at any time as set forth below in Section 6. No cancellation fees apply.
 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.
 ### Article 2 - Description of the Elite Service
 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.
 The main characteristics of the Elite Service are the following:
 \- Unlimited access, on up to three 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).
+\- No advertisements;
+\- A majority of the music tracks available are in the following format: FLAC audio bitstream data (CD quality, 16 bits, stereo, 44,1kHz).
 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.
 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.
 Once your subscription is expired or terminated, you have no right to access or use the Elite Service.
 ### Article 3 - Use of the Service
 Your access to the Site and use of the Elite Service requires a high-speed internet connection.
 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.
+#### 3.1 - Use of the Elite Service
+#### 3.1 Use of the Elite Service
+#### 3.1.1 - Licence
+##### 3.1.1 License
+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.
+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 Use.
+#### 3.2 - Access
+##### 3.1.2 Access
 Prior to the use of the Elite Service, you must subscribe to the Elite Service on the Site or the Application.
+In order to subscribe to a Elite Service, you must:
+In order to subscribe to an Elite Service, you must:
 \- 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;
+\- Consent to these Terms of Use;
 \- Pay the subscription price for the Elite Service through one of the payment systems offered;
 \- Confirm your subscription.
+As a Subscriber, you hereby agrees to provide true, accurate and complete information in connection with your registration on the DEEZER Site and the Elite Service.
+As a Subscriber, you hereby agree to provide true, accurate and complete information in connection with your registration on the DEEZER Site and the Elite Service.
 Once your registration has been validated, DEEZER will send to you a confirmation email at the email address you provided at the time of registration. Your subscription to the 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.
 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.
 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.
 You must immediately inform DEEZER if you lose your account credentials (i.e. account name and password) or if you become aware of any unauthorized use of your account. Your password and identification details are personal and you hereby agree not to disclose such information to any third parties. You hereby agree to be solely responsible for the safekeeping of your account credentials.
 As a Subscriber, you may activate the 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.
+#### 3.3 - Price
+#### 3.2 Price
 The subscription price of the Elite Service is indicated on the Site or on the Application and includes all taxes.
 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.
 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.
 Different payment methods are accepted on the Site, including, Visa or MasterCard credit cards and PayPal.
 It is underlined that when a Subscriber communicates to DEEZER his bank details, they are not kept by DEEZER.
+The subscription price is paid in advance on a monthly 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.
+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 4 - Availability and modification of the Service
 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.
 DEEZER will use reasonable efforts to provide you with at least twenty four (24) hours' notice prior to any Service interruptions.
 Please note that certain functionalities or features of the Service described on the Site or Application may be not available in your country.
 ### Article 6 - Term and termination
 #### 6.1 Term and Renewal
+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.
+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 have 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.
 Instructions on how to cancel your Elite Service subscription are set forth in Article 6.3 below.
+#### Trial Periods
+**Trial Periods**
+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.
+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 Use 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.
+#### 6.2. No Refund
+#### 6.2 No Refund
 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.
 #### 6.3 Termination
+#### 6.3.1. Subscription Termination Initiated by a Subscriber
+#### 6.3.1 Subscription Termination Initiated by a Subscriber
+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).
+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 (i) accessing the "Cancel my Subscription" section of the Site or (ii) emailing us ([http://support.deezer.com/hc/en-gb/requests/new](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).
 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.
+#### 6.3.2. Termination initiated by DEEZER
+#### 6.3.2 Termination initiated by DEEZER
+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.
+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 Use or for any actual or suspected illegal or improper use of the Site or Service, with or without notice to you.
+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:
+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 Use, including, without limitation, if you have done or attempted to do any of the following:
 - Infringe, misappropriate or violate the intellectual property rights of DEEZER, its licensors or any third party;
 - Bypass or attempt to bypass any technical or security measures on the 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 7 - User Content and Other User Restrictions
 You are solely liable for any messages, communications, content, images, material, data or information that you publish or provide on the Site or through the Service ("User Content").
 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.
 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.
 You agree not to:
+- use any automatic system, such as scripts, to add members to your profile or to send comments or messages on the 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.
+- 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);
+- 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 8 - Privacy Policy
+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.
+In connection with your use of the Site and Service, please review the DEEZER Privacy Policy ([http://www.deezer.com/legal/personal-datas](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 Use and by accepting these Terms of Use, you agree to be bound by the terms of the DEEZER Privacy Policy, and agree that we may use information collected from you in accordance with the DEEZER Privacy Policy.
+### Article 9 - Limitation of Liability; Indemnification
+### Article 9 - Limitation of Liability - Indemnification
 YOU UNDERSTAND AND AGREE THAT DEEZER AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE "DEEZER PARTIES") WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A DEEZER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE 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.
+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.
+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 Use.
+### Article 10 - DEEZER Digital Millennium Copyright Act Policy
+### Article 10 - Disclaimer of Warranties
+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 notification shall include all of the information described in this Deezer DMCA Policy ("Notification") to DEEZER's Copyright Agent by mail or email using the contact information provided below. A copy of this Notification will be sent to the person who posted the material addressed in the Notification.
+Pursuant to federal law, you may be held liable for damages and attorneys' fees if you make any material misrepresentations in a Notification. Therefore, if you arenot sure whether content located on or accessible via a link from the Site infringes your copyright, you should contact an attorney.
+A Notification should include the following:
+- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
+- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
+- Identification of the material that is claimed to be infringing or to be the subject of infringing activity (or links to such material) and information reasonably sufficient to permit the service provider to locate the material or link so that it may be removed or access to it disabled. If possible, please provide links to the exact location so that we may quickly and more easily locate the material or link.
+- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
+- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
+- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
+Notifications should be adressed to our Copyright Agent at:
+Attn.: Daniel MARHELY
+**Deezer**
+rue d'Athènes 75009 Paris
+FRANCE
+And should be sent to dmca@deezer.com
+Notifications will be forwarded to those whose material or links are the subject of the Notification and to chillingeffects.org.
+### Article 11 - Disclaimer of Warranties
 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.
 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.
 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.
+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.
+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, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
 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.
+### Article 12 - Cookies
+### Article 11 - Cookies
 DEEZER and its partners implement cookies on Subscribers' computer.
+In order to obtain all information regarding (i) the use of such cookies by DEEZER and its partners and (ii) the procedure applicable to prevent the implementation of such cookies, you can visit the section "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/)
+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 ([http://www.deezer.com/legal/personal-datas](http://www.deezer.com/legal/personal-datas)).
+### Article 13 - Intellectual Property
+### Article 12 - Intellectual Property
+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 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 their 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 Use.
 Any unauthorized use of the Site, Service or the DEEZER Content without the express consent of DEEZER is strictly forbidden.
 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.
+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.
+Except as provided in these Terms of Use, any other use of the Recordings is strictly prohibited. Except as provided in these Terms of Use, 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.
 DEEZER may implement or use technical protection measures to prevent the unauthorized use of the Recordings. You hereby agree not to bypass, or attempt to bypass, by any means, these technical protection measures.
+### Article 14 - Modifications of the Terms of Service
+### Article 13 - Modifications of the Terms of Use
+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.
+DEEZER may amend these Terms of Use from time to time. We will post any material changes to these Terms of Use 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 endeavor to notify you of material changes to these Terms of Use 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 (i) accessing the "Cancel my Subscription" section of the Site or (ii) emailing us ([http://support.deezer.com/hc/en-gb/requests/new](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.
+### Article 15 - Contact DEEZER
+### Article 14 - Contact DEEZER
+For any information or question regarding the Service, you can contact DEEZER through the Site by clicking [here](http://support.deezer.com/hc/en-gb/requests/new)
+For any information or question regarding the Service, you can contact DEEZER through the Site ([http://support.deezer.com/hc/en-gb/requests/new](http://support.deezer.com/hc/en-gb/requests/new)).
+### Article 16 - Nullity of a term
+### Article 15 - Nullity of a term
+You and DEEZER agree that if any portion of these Terms of Service or of the DEEZER Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Service, which shall continue to be in full force and effect.
+You and DEEZER agree that if any portion of these Terms of Use 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 Use, which shall continue to be in full force and effect.
+### Article 17 - Choice of Law
+### Article 16 - Jurisdiction and litigation
+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 Terms are governed by the law applicable to the defendant.
+### Article 18 - Arbitration Agreement and Waiver of Class Remedies
+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.
+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.
+### Article 17 - Assignment
+**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 may assign or delegate these Terms of Use 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 Use or Privacy Policy without DEEZER's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
+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 18 - Entire Agreement
+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.
+These Terms of Use, 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 19 - Assignment
+### Article 19 - No Waiver
+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 failure of DEEZER to require or enforce strict performance by you of any provision of these Terms of Use 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.
+### Article 20 - Entire Agreement
+The express waiver by DEEZER of any provision, condition, or requirement of these Terms of Use or the DEEZER Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
+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.
+Except as expressly and specifically set forth in these Terms of Use, no representations, statements, consents, waivers, or other acts or omissions by DEEZER shall be deemed a modification of these Terms of Use nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of DEEZER.
+### Article 21 - No Waiver
+The failure of DEEZER to require or enforce strict performance by you of any provision of these Terms of Service or the DEEZER Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of DEEZER's right to assert or rely upon any such provision or right in that or any other instance.
+The express waiver by DEEZER of any provision, condition, or requirement of these Terms of Service or the DEEZER Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
+Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by DEEZER shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of DEEZER.
 ## Terms of Use for Cricket
 ### Article 1 - General
 These Terms of Service (the "Terms of Service") describe the terms pursuant to which Deezer S.A. (hereinafter "DEEZER") offers you access to the Deezer mobile application (hereinafter the "Application") and the associated services offered by DEEZER. These Terms of Service apply when you access, visit or use the Application.
 The failure of DEEZER to require or enforce strict performance by you of any provision of these Terms of Service or the DEEZER Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of DEEZER's right to assert or rely upon any such provision or right in that or any other instance.
 The express waiver by DEEZER of any provision, condition, or requirement of these Terms of Service or the DEEZER Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
 Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by DEEZER shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of DEEZER.
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