FEATURES DEVICES SUBSCRIPTION PLANS COMPANY ABOUT JOBS PRESS LABELS & ARTISTS HELP Deezer - Terms and Conditions FEATURES DEVICES SUBSCRIPTION PLANS COMPANY ABOUT At a glance Bios Around the world JOBS Our values The Team Life at Deezer Open positions PRESS Latest News Media Kit Videos Our story Timeline LABELS & ARTISTS HELP Sign up Log in Terms of Use Find here our Terms of Use for Deezer Elite applicable before the 01/09/2017: click here. Terms of Use for Deezer Premium+ Terms of Use for Deezer Premium+ for Bose Customers Terms of Use for Deezer HiFi Terms of Use for Cricket Last Updated: August 3, 2016 Terms of Use for Deezer Premium+ Article 1 – General These Terms of Service (the “Terms of Service”) describe the terms pursuant to which DEEZER S.A. a French corporation registered under number 511 716 573, with principal offices located 12 rue d'Athènes 75009 Paris (hereinafter “DEEZER”) offers you access to the DEEZER website located at www.deezer.com (hereinafter “Site”), 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 Site and the Application. DEEZER offers through the Site and the Application an unlimited service of on-demand music with a temporary download functionality through a paid subscription (hereinafter altogether “the Premium+ Service”). The purpose of these Terms of Service is to define the contractual and commercial relationship between DEEZER, on one hand, and you, as a subscriber to the Premium+ Service (hereinafter the “Subscriber”), on the other hand. You accept these Terms of Service and agree to be bound by these Terms of Service when you access or visit the Site or the Application, 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 Premium+ Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU SHOULD NOT ACCESS OR USE THE PREMIUM+ SERVICE. The use of the Site, the Applicationand the Premium+ Service is only authorized for personal and private use, therefore any other use, including any use of the Site, the Application or the Premium+ Service for a commercial purpose or any use of the Site, the Application or the Premium+ Service in a public place or business, is strictly forbidden. Article 2 – Description of the Premium+ Service The Premium+ Service is a service offered and operated by DEEZER that enables Subscribers to access the Site from a personal computer or the Application from a portable device and to listen to an unlimited amount of music in high quality audio without any advertisements. The main characteristics of the Premium+ 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 high sound quality. As a Subscriber, you may access the Premium+ Service until the end of your subscription, as indicated on the subscription page of the Site or the Application at the time of such subscription. 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 or the Application (hereinafter the “Special Offers”). DEEZER reserves the right, in its discretion, to determine Subscribers’ eligibility for the Special Offers and to withdraw or to modify a Special Offer, in DEEZER’s sole discretion. Once your subscription is expired or terminated, you have no right to access or use the Premium+ Service. 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 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. 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. Article 3 – Use of the Premium+ Service Your access to the Site or the Application and the use of the Premium+ Service requires a high-speed internet connection. For Subscribers accessing the Premium+ Service via the Application on a mobile device, DEEZER recommends the use of at least a third generation (3G) mobile network connection. 3.1. License As a Subscriber, DEEZER grants you a limited, non-exclusive, non-transferable and revocable license to access and use the 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. 3.2 Access Prior to the use of the Premium+ Service, you must subscribe to the Premium+ Service on the Site or the Application. In order to subscribe to the Premium+ 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; - Pay the subscription price for the Premium+ Service through one of the payment systems offered; - Confirm your subscription. As a Subscriber, you hereby agree to provide true, accurate and complete information in connection with your registration on the Site, the Application and the Premium+ 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 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. You can modify your account information, including the password associated with your DEEZER account at any time by clicking on the section “My information” of your account. You hereby agree to inform DEEZER, without delay, of any modification to the information you provided at the time of the Premium+ 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 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, the Application and the Premium+ Service. 3.3 Price The subscription price of the Premium+ Service is indicated on the Site or on the Application and includes all applicable sales taxes, if any. DEEZER has the right to modify the subscription price from time to time. DEEZER will inform you of any price increase fifteen (15) calendar days before it becomes effective by sending you an email to the email address you have provided. In such case, if you are not willing to accept the price increase proposed by DEEZER, you may terminate your subscription via the termination section of the 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. Any increase of the applicable 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. Different payment methods are accepted on the Site and the Application, including, Visa or MasterCard credit cards and PayPal). It is underlined that when a Subscriber communicates to DEEZER his bank details, they are not kept by DEEZER. The subscription price is paid in advance on a monthly basis. By agreeing to the subscription, you authorize DEEZER to charge you for the subscription fees on a monthly basis. When transferring Subscribers’ data and payment information to its third party payment service providers, DEEZER uses reasonable security measures, such as encryption, to protect such information from unauthorized use or disclosure. Additionally, DEEZER’s third party payment providers strive to adhere to PCI/DSS standards of transactions security. Article 4 – Availability and modification of the Premium+ Service DEEZER uses reasonable efforts to make the Premium+ 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 Premium+ Service, as deemed necessary by DEEZER, including to perform maintenance of the Site, the Application or the Premium+ Service. DEEZER will use reasonable efforts to provide you with at least twenty four (24) hours’ notice prior to any Premium+ Service interruptions. If DEEZER elects, in its discretion, to discontinue access to the Site, the Application or the Premium+ Service, DEEZER will notify you via the Site or the Application and you will not be charged any additional subscription fees after the date your access to Site, the Application or the Premium+ Service has been terminated. Article 5 – Terms of Access to the Site and the Premium+ Service In order to access the Site, the Application or the Premium+ Service, you must be located in the United States of America and be at least 13 years of age. If you are not at least 13 years of age, you shall not attempt to access the Site or the Application and use the Premium+ Service. If you are between 13 and 17 years of age, you must have your parents’ or guardians’ consent to register for the Site or the Application and/or subscribe to the Premium+ Service. Article 6 – Term and termination 6.1 Term and Renewal 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. Instructions on how to cancel your Premium+ Service subscription are set forth in Article 6.3 below. Trial Periods 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 Premium+ 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 will automatically 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. 6.2. No Refund 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. 6.3 Termination 6.3.1. Subscription Termination Initiated by a Subscriber 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 “Cancel my subscription” section of the Site or (2) emailing us here. 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 (48h) prior to the end of the current subscription period. If you fail to notify DEEZER forty-eight hours (48h) 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 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 DEEZER may suspend, terminate or modify your access to the Site, the Application or Premium+ 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, the Application or the Premium+ 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, the Application or the Premium+ Service (including your 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: 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, the Application or the Premium+ 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, the Application or through the Premium+ Service (“Subscriber Content”). By transmitting or submitting any Subscriber Content while using the Site, the Application or the Premium+ Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the Subscriber Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by DEEZER in accordance with its Privacy Policy. You further affirm, represent and warrant that your Subscriber Content (a) does not contain content or material that is threatening, pornographic, defamatory, obscene, hateful, racist, anti-semitic, or xenophobic, (b) is not intended to harass any third party, (c) does not contain advertisement and/or solicitation for any third party, products and/or services and (d) does not contain any unsolicited or spam messages. You own your Subscriber Content. You hereby grant DEEZER a perpetual and irrevocable worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your Subscriber Content as well as all modified and derivative works thereof in connection with our provision of the Premium+ 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 or the Application. 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. Article 8 – Privacy Policy In connection with your use of the Site, the Application and the Premium+ Service, please review the DEEZER Privacy Policy, located here, in order to understand how we collect and use information about you when you access, visit or use the Site, the Application or the Premium+ Service. The DEEZER Privacy Policy is part of and is governed by these Terms of Service and by accepting these Terms of Service, you agree to be bound by the terms of the DEEZER Privacy Policy, and agree that we may use information collected from you in accordance with the DEEZER Privacy Policy. Article 9 – Limitation of Liability; Indemnification YOU UNDERSTAND AND AGREE THAT DEEZER AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE “DEEZER PARTIES”) WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A DEEZER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SITE OR THE PREMIUM+ SERVICE. DEEZER’s maximum liability to you for direct damages is limited to the amount you paid to DEEZER for use of the Premium+ 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 the Premium+ Service or (ii) your violation of any term or condition of these Terms of Service. Article 10 – DEEZER Digital Millennium Copyright Act Policy If you believe that content available on or through the Site or the Application or accessible via links posted on the Site or the Application infringes one or more of your copyrights, you or your agent may submit a Digital Millennium Copyright Act (“DMCA”) notification to DEEZER, as set forth in this DEEZER DMCA Policy. The notification shall include all of the information described in this DEEZER DMCA Policy (“Notification”) to DEEZER’s Copyright Agent by mail or email using the contact information provided below. A copy of this Notification will be sent to the person who posted the material addressed in the Notification. Pursuant to federal law, you may be held liable for damages and attorneys’ fees if you make any material misrepresentations in a Notification. Therefore, if you are not sure whether content located on or accessible via a link from the 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 sent to our Copyright Agent at: Name of the Copyright Agent: Hans-Holger Albrecht Address: Deezer S.A., 12 rue d'Athènes 75009 Paris Phone number: +33 (0)1 55 80 69 00 Notifications shall be sent to the e-mail address: dmca@deezer.com Notifications will be forwarded to Subscribers whose material or links are the subject of the Notification and to chillingeffects.org. Article 11 – Disclaimer of Warranties THE SITE, THE APPLICATION AND THE PREMIUM+ 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, THE APPLICATION OR PREMIUM+ SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE PREMIUM+ SERVICE OR THE SERVERS THAT MAKE THE PREMIUM+ 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 PREMIUM+ SERVICE, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, THE APPLICATION AND THE PREMIUM+ SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SITE, THE APPLICATION OR THE PREMIUM+ 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, THE APPLICATION OR THE PREMIUM+ SERVICE. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE, THE APPLICATION OR THE PREMIUM+ 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 Premium+ 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 Premium+ Service catalogue. You agree that DEEZER will not be held liable for the removal of parts of the catalogue content offered. DEEZER shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of DEEZER, including without limitation any failure to perform hereunder, such as, Internet or equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. Finally, you are solely liable of your use of the Site, the Application and the Premium+ Service and you agree that DEEZER will not be liable for any claim arising from your use of the Site, the Application or the Premium+ Service. Article 12 – Data Collection Systems DEEZER and its partners implement data collection systems on Subscribers’ computer. In order to obtain all information regarding (i) the use of such data collection systems by DEEZER and its partners and (ii) the procedure applicable to prevent the implementation of such data collection systems, you can visit the section “Privacy Policy” on the Site and the Application or review Section 7 of the DEEZER Privacy Policy, located here. Article 13 – Intellectual Property The Site, the Application, the Premium+ 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 Premium+ Service in accordance with these Terms of Service. Any unauthorized use of the Site, the Application, the Premium+ Service or the DEEZER Content without the express consent of DEEZER is strictly forbidden. The Recordings are protected by U.S. Copyright laws. Therefore, you may not use the Premium+ Service for any commercial purposes, including playing the Recordings in a business environment or public place. You may only access the Site, the Application and use the Premium+ 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. DEEZER may implement or use technical protection measures to prevent the unauthorized use of the Recordings. You hereby agree not to bypass, or attempt to bypass, by any means, these technical protection measures. Article 14 – Modifications of the Terms of Service DEEZER may amend these Terms of Service from time to time. We will post any material changes to these Terms of Service on the 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 “Cancel my subscription” section of the Site or (2) emailing us here and you will not be bound by the amended terms. Otherwise, the new terms will take effect after thirty (30) days. Article 15 – Contact DEEZER For any information or question regarding the Premium+ Service, you can contact DEEZER through the Site by clicking here. Article 16 – Nullity of a term You and DEEZER agree that if any portion of these Terms of Service or of the DEEZER Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Service, which shall continue to be in full force and effect. Article 17 – Choice of Law These Terms of Service are governed by the laws of the state of New York, without regard to conflict of law principles, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in New York. You consent to the exclusive jurisdiction of the federal or state courts located in New York County, New York. Article 18 – Arbitration Agreement and Waiver of Class Remedies The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms of Service (including its formation, performance and breach) and your use of the Site or the Premium+ Service shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this section by sending written notice of your decision to opt-out here. 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. Article 19 – Assignment DEEZER may assign or delegate these Terms of Service and/or the DEEZER Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without DEEZER’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective. Article 20 – Entire Agreement These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including DEEZER’s Privacy Policy), contain the entire understanding of you and DEEZER, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and DEEZER with respect to the Premium+ Service. Article 21 – No Waiver The failure of DEEZER to require or enforce strict performance by you of any provision of these Terms of Service or the DEEZER Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of DEEZER’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by DEEZER of any provision, condition, or requirement of these Terms of Service or the DEEZER Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by DEEZER shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of DEEZER. Terms of Use for Deezer Premium+ 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 Deezer 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 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. 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. 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. 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. Article 1 – Eligibility & Offer 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. 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. The SoundLink Products allowing eligibility to the Offer are: SoundLink Color SoundLink Mini Bluetooth speaker SoundLink Mobile III Bluetooth speaker SoundLink AE Bluetooth headphones SoundLink OE Bluetooth headphones The SoundTouch Products allowing eligibility to the Offer are: 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 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. 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. 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. 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 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. 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. Article 2 – Description of the Premium + Service 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. The main characteristics of the Premium + 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 higher sound quality than is offered through DEEZER’s free streaming services (where available). 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. 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. Once your subscription is expired or terminated, you have no right to access or use the Premium + Service. 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. 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. Article 3 - Use of the Service Your access to the Site and use of the 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 Premium + Service 3.1.1 Licence 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. 3.2 Access Prior to the use of the Premium + Service, you must subscribe to the Premium + Service on the Site or the Application. In order to subscribe to a Premium + 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; - Pay the subscription price for the Premium + 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 Premium + 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 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. 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 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. 3.3 Price The subscription price of the Premium + 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 Premium + 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 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. 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 basis. By agreeing to the subscription, you authorize DEEZER to charge you for the subscription fees on a monthly basis. When transferring Subscribers’ data and payment information to its third party payment service providers, DEEZER uses reasonable security measures, such as encryption, to protect such information from unauthorized use or disclosure. Additionally, DEEZER’s third party payment providers strive to adhere to PCI/DSS standards of transactions security. Article 4 – Availability and modification of the 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. 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. Article 5 – Terms of Access to the Site and Service 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. If you are not at least 13 years of age, you shall not attempt to access the Site or use the Service. 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. 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 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. Instructions on how to cancel your Premium + Service subscription are set forth in Article 6.3 below. Trial Periods 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. 6.2. No Refund 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. 6.3 Termination 6.3.1. Subscription Termination Initiated by a Subscriber 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. 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 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 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. 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: 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”). 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. 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. Article 8 – Privacy Policy In connection with your use of the Site and Service, please review the DEEZER Privacy Policy,located here, 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. 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. Article 10 – DEEZER Digital Millennium Copyright Act Policy 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 are not 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 12 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 Service catalogue. You agree that DEEZER will not be held liable for the removal of parts of the catalogue content offered. DEEZER shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of DEEZER, including without limitation any failure to perform hereunder, such as, Internet or equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. Finally, you are solely liable of your use of the Site and 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 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 Article 13 – 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. 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. DEEZER may implement or use technical protection measures to prevent the unauthorized use of the Recordings. You hereby agree not to bypass, or attempt to bypass, by any means, these technical protection measures. Article 14 – Modifications of the Terms of Service DEEZER may amend these Terms of Service from time to time. We will post any material changes to these Terms of Service on the 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 and you will not be bound by the amended terms. Otherwise, the new terms will take effect after thirty (30) days. Article 15 – Contact DEEZER For any information or question regarding the Service, you can contact DEEZER through the Site by clicking here Article 16 – Nullity of a term You and DEEZER agree that if any portion of these Terms of Service or of the DEEZER Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Service, which shall continue to be in full force and effect. Article 17 – Choice of Law These Terms of Service are governed by the laws of the state of New York, without regard to conflict of law principles, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in New York. You consent to the exclusive jurisdiction of the federal or state courts located in New York County, New York. Article 18 – Arbitration Agreement and Waiver of Class Remedies The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. 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 parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this section by sending written notice of your decision to opt-out here. 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. Article 19 – Assignment DEEZER may assign or delegate these Terms of Service and/or the DEEZER Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without DEEZER’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective. Article 20 – Entire Agreement These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including DEEZER’s Privacy Policy), contain the entire understanding of you and DEEZER, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and DEEZER with respect to the Service. Article 21 – No Waiver The failure of DEEZER to require or enforce strict performance by you of any provision of these Terms of Service or the DEEZER Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of DEEZER’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by DEEZER of any provision, condition, or requirement of these Terms of Service or the DEEZER Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by DEEZER shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of DEEZER. Terms of Use and Sale Deezer HiFi 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 Deezer S.A. (hereinafter “DEEZER”) a French corporation registered under number 511 716 573, 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 and mobile service with a temporary download functionality through a paid subscription, accessible via the Site and a mobile application on certain compatible devices (hereinafter altogether “the Deezer HiFi Service”). The hereby conditions of use and sale (hereinafter the “Terms”) exclusively govern the Deezer HiFi 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 Deezer HiFi Service (hereinafter the “Subscriber”), on the other hand. The use of the Site and of the Deezer HiFi Service is only authorized for a personal and private use, therefore any other use, notably in public premises and businesses, is strictly forbidden. The subscription and access to the Deezer HiFi Service strictly depend on the prior consent without any restriction and reserve to all the Terms. Article 2 – Deezer HiFi Service Presentation The Deezer HiFi Service is a service offered and operated by DEEZER enabling, by consenting to the hereby Terms, from a personal computer to listen to unlimited music higher quality audio (than is made available through DEEZER’s other streaming services, where available) and without any advertisement. From the Site or the Application, and once he has subscribed, the Subscriber has access to all functionalities of the Deezer HiFi Service. The main characteristics of the Deezer HiFi Service are the following: - Unlimited access, for the purpose of temporary download on three authorized devices (non portable or portable devices) the tracks part of the Deezer HiFi Service music catalogue and the Site playlists, in order to then listen to them when offline; - No advertisement; - A majority of the music tracks available are in the following format: FLAC audio bitstream data (CD quality, 16 bits, stereo, 44,1kHz). The Deezer HiFi 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. DEEZER may offer the Deezer HiFi 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, at its sole 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, the download functionality and listening are not authorized anymore. The Deezer HiFi Service can be used on limited compatible devices. The list of these devices can be found here. The Deezer HiFi Service is accessible 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 HiFi application (hereinafter the “Application”). The Application is available for download through the Apple iTunes and Google Android app stores. The Deezer HiFi Service is also accessible without any Internet connection, by clicking on the “Offline Mode” button of the Site or the Application. The Subscriber shall use the Google Chrome browser to be able to use the Offline Mode on his personal computer. 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 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 at a minimum 3G mobile technology during the entire duration of the Subscription, but cannot however be transferred or burned on any support whatsoever. DEEZER informs the Subscriber that it is not responsible of advertisements displayed within content provided and hosted by third parties and which can eventually be integrated within the Site or the Application. Article 3 – Use of the Deezer HiFi Service The use of the Deezer HiFi Service requires a high-speed Internet connection and an Internet service for portable devices. These connections are not provided by DEEZER, therefore the Subscriber must first subscribe to a high speed Internet and/or an Internet for mobile offer in order to use the Service. A connection to Internet for mobile through at a minimum a third generation (3G) mobile technology norm is highly recommended. The music catalogue available, as part of the Deezer HiFi Service, is linked to the contracts in effect with the right holders and may therefore change. DEEZER cannot guarantee the availability of any determined track or album or any artist or group in the Deezer HiFi Service 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. As a subscriber, you can activate the Deezer HiFi Service on a personal computer (PC or MAC) and a compatible portable device registered with the Deezer HiFi Service. The Deezer HiFi Service is only accessible from one connection at a time (personal computer or compatible portable device registered). DEEZER has the technical means to verify the absence of multiple simultaneous connections on the same account and therefore detect multiple connections attempt. Article 4 – Availability and modification of the Deezer HiFi Service The Deezer HiFi Service can be accessed to 24 hours a day and seven 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 Deezer HiFi Service as it deems necessary for technical evolution. In addition, DEEZER has the right, without prior notice or compensation, to temporarily remove access to the Deezer HiFi Service if necessary in order to ensure the maintenance due to technological evolution or continuity of the Deezer HiFi 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 Deezer HiFi 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 Deezer HiFi 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 Deezer HiFi Service shutdown. Article 5 – Absence of the right to revocation – duration – renewal – termination – upgrade to Deezer HiFi Service 5.1 No right of revocation 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. 5.2 Duration 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. 5.3 Renewal 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. 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 or the Application 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 Deezer HiFi Service. 5.4 Termination 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 “Cancel 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 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. 5.5 Upgrade to Deezer HiFi Service In case the Subscriber switches from the Premium Service or Premium+ Service to the Deezer HiFi Service, the upgrade will take effect immediately as authorised by DEEZER. Henceforth, DEEZER will immediately charge the Subscriber for the newly activated Deezer HiFi Service subscription, regardless of whether the subscription period for the Premium Service has come to an end or not, meaning that if the Subscriber is upgrading to the Deezer HiFi 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 Deezer Premium or Deezer Premium+ Service subscription due to the upgrade. Article 6 – Terms of access to the Deezer HiFi Service The Subscriber declares being capable to accept the hereby Terms, which means that he 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. The Subscriber declares living in the effective country and owning a credit card issued by a bank established in this country. Article 7 – Creation of an account In order to subscribe to a Deezer HiFi Service, every user 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; - Give his consent to the Terms; - Pay the price for his subscription through one of the payment systems offered; - Confirm his registration. The Subscriber agrees to provide true, accurate and sincere information on him in connection with his registration on the Site, the Application and the Deezer HiFi 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. 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 Subscriber can modify the password given on his account at any time by clicking on the section “My information”. 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”. 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. 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. Article 8 – Price The subscription price is indicated on the Site or on the Application and includes all taxes. DEEZER has the right to modify the price of every subscription offer from time to time. DEEZER will inform each subscriber through an email to the address provided by the Subscriber at the time of registration to the Deezer HiFi 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. Any increase of the VAT (Value Added Tax) will be impacted automatically and immediately on the Deezer HiFi Service price. It will be the same in case of the creation of a new tax that will be based on the price of the Deezer HiFi Service and applicable to DEEZER. The conditions for termination applicable in case of modification of the Deezer HiFi Service 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 reminded that the connection and communication (Internet) costs relating to the use of the Deezer HiFi Service are not supported by DEEZER and must be supported only by the Subscriber. Article 9 – Payment of the price Different payment methods are offered on the Site (credit card, prepaid card, PayPal and/or other payment methods). It is underlined that when a Subscriber communicates to DEEZER his bank details, they are not kept by DEEZER. Depending on the duration of the subscription chosen by the Subscriber, the Subscription price has to be paid monthly or annually. The payment will be made, at the beginning of each month or year, at the time of subscription and then each month or year, by debit until the termination of his subscription, whether the termination initiates from the Subscriber or DEEZER. In order to optimize the security of the transactions, DEEZER has chosen the payment systems of different companies with which it has entered into agreements. The guarantees provided by DEEZER in term of transactions security are identical to the ones obtained by DEEZER from these editors of the payment systems. 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. Article 10 – Territory 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. Article 11 – Subscriber liability 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. 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: - 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. 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. 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 12 – Disclaimer of Warranties The Subscriber declares being informed of the confines and limitations of the Internet network. As a result, DEEZER disclaims liability for the dysfunction of the Deezer HiFi Service access, the opening and consultation velocity of the Site pages, the listening velocity of the tracks, the temporary or final inaccessibility of the Deezer HiFi Service, and the fraudulent use by third parties of the information provided on the Site or the Application. Therefore, it is the Subscriber’s duty to protect his 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. 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 Service would turn out to be incompatible with certain equipments and/or functionalities of the equipment of the Subscriber. 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. Article 13 – Privacy Policy 13.1 Subject This section reflects DEEZER's commitment with respect to the protection of your privacy and your personal data collected and processed during your use of the Site and the services of DEEZER in accordance with the conditions set out in the Conditions of Use (the “Data”). DEEZER undertakes to comply with the applicable legislation regarding the protection of privacy concerning the processing of personal data. These processing operations have been declared to the French National Data Protection Organisation (CNIL). 13.2 Data collected The Data collected and further processed are those that you voluntarily provide to us through the registration form on the Site (the “Registration Form”) or on the page “My Information” of your account and concerns at a minimum, your username, you age, your gender and a valid e-mail address. When you use the Site and the services of DEEZER, some Data are collected automatically notably technical data (such as the IP address of your computer or mobile device) and information relating to your use of the pages of the Site, the advertisements displayed on the Site and features of the services of DEEZER, to the exclusion of any other. 13.3 Purpose of the data processing The Data provided by you and identified as mandatory in the Registration Form, are required in order to benefit from the Site and services of DEEZER's features (notably for accessing the Site and the services of DEEZER). The Data provided by you (mandatory or not) or the ones automatically collected by the Site are processed in order to (i) personalize and improve your use of the Site and the services of DEEZER, (ii) ensure the provision of the services of DEEZER by its partners, as the case may be, (iii) personalize advertisements that are offered by DEEZER or its partners on the Site or on its partners’ websites, (iv) analyse and create statistics regarding your use of the Site, the services of DEEZER and of the advertisements displayed on the Site and (v) only in the event that you have expressly agreed to link your DEEZER account with your user account of a social network when you registered on the Site or by setting your DEEZER account for such purposes in the section “Alerts & Sharing” (to access this section, please click here), share content from the Site on these social networks or publicize your use of the Site or your opinion on the Site’s content on the websites of these social networks. If you have consented to it, the Data collected can also be used for the management of commercial relationships in order to enable DEEZER to personalize and improve its services and the information sent to you. The Data will also enable DEEZER to send newsletters to the e-mail address you have provided in the Registration Form (or as modified by you in your account) or push notifications on your mobile devices. If you do not wish to receive newsletters or push notifications, you can unsubscribe at any time through the link provided at the bottom of each newsletter or by modifying your Data in the section “Alerts & Sharing” of your Account (to access this section, please click here). The Data are also kept for security reasons, in order to comply with DEEZER’s legal and regulatory obligations. 13.4 Data recipients Your Data will not be shared with third parties without your express consent. However, you are hereby informed that they may be disclosed pursuant to a law, a regulation, or a decision by a regulatory or competent legal authority or, if deemed necessary, for the purpose of preserving the rights and interests of DEEZER. If you have agreed to it, you may receive offers from DEEZER’s partners to the e-mail address you have provided in the Registration Form (or as modified by you in your account). For the management of your subscription, your Data may be shared with companies in charge of the management, processing and execution of the payment procedure. For the management of your newsletters or push notifications, your Data may be shared with the company Appboy in charge of the management, processing and dispatch of Deezer’s newsletters or push notifications. DEEZER may share Data as part of your use of third party applications made available in the page “Apps” of the Site (the “Applications”). DEEZER undertakes to share the Data only when you have expressly agreed to this sharing when using each Application. You recognize and agree that the privacy policy of our partners apply to the use made by them of the Data we shared with your consent or that the collect directly from you. In the context of processing your Data for the purposes of personalizing advertisements that are offered to you by DEEZER or its partners, your Data may be shared with such partners or service providers who handle the analysis and processing of your Data on behalf of DEEZER or its partners. In the event you have subscribed to the services of DEEZER through a partner of DEEZER, DEEZER may share your Data with such partner in order to (i) ensure the provision of the services of DEEZER by such partner, (ii) enable such partner to analyse and create statistics regarding your use of the services of DEEZER and (iii) personalize advertisements that are offered to you by such partner. DEEZER may also share your Data with Facebook, Twitter, Google + and Last.fm, in the event that you have expressly agreed to link your DEEZER account with your user account of these social networks when you registered on the Site or by setting your DEEZER account for such purposes in the section “Alerts & Sharing” (to access this section, please click here) in order to (i) enable you to share content from the Site on these social networks or publicize your use of the Site or your opinion on the Site’s content on the websites of these social networks, and (ii) personalize advertisements that are offered to you by DEEZER or its partners on these websites. 13.5 Transfer of your Data As part of the processing of your Data, they may be transferred by DEEZER to servers located in several countries. You are hereby informed that your Data may be transferred in a country other than your country of residence and notably outside of the European Union. Moreover, you are informed, that as part of your use of the Applications, the Data that you agree to share with our Partners may be transferred in a country other than your country of residence and notably outside the European Union. You are hereby informed that the privacy policies of our partners, available in the Applications, apply to the processing by such partners of your Data. You are also informed that, in, the event that you have expressly agreed to link your DEEZER account with your user account of Facebook, Twitter, Google + and Last.fm, some of your Data may be transferred in a country other than your country of residence and notably outside the European Union. You are hereby informed that the privacy policy of these social networks to which you have agreed to link your DEEZER account, as the case may be, is available on their respective websites and applies to the processing of your Data by them. In addition, in the event that you have subscribed to the services of DEEZER through a partner of DEEZER, some of your Data may be be transferred in a country other than your country of residence and notably outside the European Union. You are hereby informed that the privacy policy of such partner is available on its website and applies to the processing of your Data by it. Finally, you are informed that in order for you to receive Deezer’s newsletters or push notifications, your Data may be transferred in a country other than your country of residence and notably outside of the European Union. 13.6 Data security DEEZER attaches great importance to the security of your Data and takes all appropriate steps to minimise the risks of loss, deterioration or incorrect use of this data. 13.7 Data storage The Data are stored with the Site host identified in the Legal Notice and will be stored for the duration of time strictly necessary to fulfil the aforementioned purposes. After this time period, they will be stored for statistical purposes only and will not be used in any other way. 13.8 Your rights You have the right to access and correct your personal data upon request by contacting us through the “Contact us” section or by sending a letter to the following address: Deezer S.A., 12 rue d'Athènes 75009 Paris. The Subscriber can find all the information linked to the collect and use of his/her Data in the Privacy Policy, available here. Article 14 – Data Collection Systems DEEZER and its partners may implement Data Collection Systems on the Subscriber’s computer. The Subscriber shall obtain all information regarding (i) the use of such Data Collection Systems by DEEZER and its partners and (ii) the procedure applicable to prevent the implementation of such Data Collection Systems, in the Privacy Policy available here. Article 15 – Intellectual Property The general structure of the Site, the Application, the Deezer HiFi Service and all elements composing it (such as but not limited to the logos, domain names, tracks or videos, and there associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the tracks or videos but also the visuals on the packaging) are the exclusive property of DEEZER and/or 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 Service, in conformity with the Terms. 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. 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 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. 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. 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). Article 16 – Suspension and/or termination initiated by DEEZER or the Subscriber 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: - The Subscriber does not respect the Terms and notably: o Does not respect the Intellectual Property rights of DEEZER or its licensors; o Bypasses 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 Service. - Total or partial default of payment by the Subscriber of the price of his Subscription. - 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. 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 2 (two) months 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: Deezer 12 rue d'Athènes 75009 Paris FRANCE Article 19 – 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 20 – Jurisdiction – Claims and litigation The Terms are governed by the law applicable to the defendant. Any claim relating to the application of these Terms of Use must be emailed to our Customer Care Service via the Site by clicking on the link http://www.deezer.com/support, or mailed to the address Deezer – Customer Care Service – 12 rue d'Athènes 75009 Paris, in order to be promptly processed. In the event the claim would not be solved through our Customer Care Service or would remain without response within more than two (2) months after its reception by our Customer Care Service, the customer may choose to submit the dispute to an out-of-court settlement procedure through the European platform for alternative and online dispute resolution at the following link: https://webgate.ec.europa.eu/odr/. In case of litigation, the parties will try to reach an 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 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. DEEZER offers through the Application an unlimited service of on-demand music with a temporary download functionality through a paid subscription (hereinafter altogether “the Deezer Service”). The purpose of these Terms of Service is to define the contractual and commercial relationship between DEEZER, on one hand, and you, as a subscriber to the Deezer Service (hereinafter the “Subscriber”), on the other hand. You accept these Terms of Service and agree to be bound by these Terms of Service when you use the Deezer Service or create a DEEZER account. Please read these Terms of Service carefully because they govern your access to and use of the Deezer Service and set forth legally binding terms applicable to your use of the Deezer Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU SHOULD NOT ACCESS OR USE THE DEEZER SERVICE. The use of the Deezer Service is only authorized for personal and private use, therefore any other use, including any use of the Deezer Service for a commercial purpose or any use of the Deezer Service in a public place or business, is strictly forbidden. Article 2 – Description of the Deezer Service The Deezer Service is a service offered and operated by DEEZER that enables Subscribers to access the Application from a portable device and to listen to an unlimited amount of music in high quality audio without any advertisements. The main characteristics of the Deezer Service are the following: Unlimited access on one authorized device (your mobile device) for the purpose of temporarily downloading the Recordings, in order to then listen to them when offline; and No advertisements. As a Subscriber, you may access the Deezer Service until the end of your subscription, as indicated on the subscription page of the Application at the time of such subscription. DEEZER may offer the Deezer Service for limited time periods at retail prices established from time to time by DEEZER in the subscription page on the Application (hereinafter the “Special Offers”). DEEZER reserves the right, in its discretion, to determine Subscribers’ eligibility for the Special Offers and to withdraw or to modify a Special Offer, in DEEZER’s sole discretion. Once your subscription is expired or terminated, you have no right to access or use the Deezer Service. The Deezer Service is accessible from a portable device operating the Apple iOS or Google Android operating systems through the Application. The Application is available for download through the Apple App Store and Google Play. The Deezer Service is also accessible without an internet connection, by clicking on the “Offline Mode” button. By using the Offline Mode, you will only be able access the tracks, albums and playlists that you have previously temporarily downloaded from the Application on that particular portable device. The temporary downloading of tracks, albums or playlists is possible through the Offline Mode button which appears on the Application. You can then listen to the downloaded Recordings without an Internet connection or mobile network connection during the entire duration of the Subscription; however you will not be able to transfer the Recordings to any other computer, portable device or other physical storage medium. Article 3 - Use of the Deezer Service Your use of the Deezer Service requires a high-speed internet connection. For Subscribers accessing the Deezer Service via the Application on a mobile device, DEEZER recommends the use of at least a third generation (3G) mobile network connection. 3.1. License As a Subscriber, DEEZER grants you a limited, non-exclusive, non-transferable and revocable license to access and use the Deezer Service for the duration of your subscription to the Deezer Service, unless terminated by DEEZER or you in accordance with the terms and conditions of these Terms of Service. 3.2 Access Prior to the use of the Deezer Service, you must subscribe to the Deezer Service. In order to subscribe to a Deezer Service, you must: Create an account at a Cricket Wireless retail store or download and create an account on the Application or, if the user is already registered, log on the Application; Provide the information requested on the subscription form; Consent to these Terms of Service; Pay the subscription price for the Deezer Service through one of the payment systems offered; Confirm your subscription. As a Subscriber, you hereby agrees to provide true, accurate and complete information in connection with your registration on the DEEZER Application and the Deezer Service. Once your registration has been validated, DEEZER will send to you a confirmation email at the email address you provided at the time of registration. Your subscription to the Deezer Service will only become effective when DEEZER sends the confirmation email mentioned above. DEEZER recommends that you save and/or print the confirmation email. You can modify your account information, including the password associated with your DEEZER account at any time by clicking on the “My information” section of the Deezer Service. You hereby agree to inform DEEZER, without delay, of any modification to the information you provided at the time of the Deezer Service subscription and notably any modification of the email address or bank details you provided in connection with your subscription. You must immediately inform DEEZER if you lose your account credentials (i.e. account name and password) or if you become aware of any unauthorized use of your account. Your password and identification details are personal and you hereby agree not to disclose such information to any third parties. You hereby agree to be solely responsible for the safekeeping of your account credentials. As a Subscriber, you may activate the Deezer Service on a portable device operating the Apple iOS or Google Android operating systems registered with the Deezer Service. The Deezer Service is only accessible from one connection at a time (compatible portable device registered). If DEEZER determines that you are simultaneously accessing the Deezer Service from multiple devices or computers, DEEZER may terminate your subscription and//or your access to the Application and the Deezer Service. 3.3 Price The subscription price of the Deezer Service is indicated on the Application and includes all applicable sales taxes, if any. DEEZER has the right to modify the subscription price from time to time. DEEZER will inform you of any price increase fifteen (15) calendar days before it becomes effective by sending you an email to the email address you have provided. In such case, if you are not willing to accept the price increase proposed by DEEZER, you may terminate your subscription via the termination section of the Deezer Service. As described in Article 6.3 below, this termination will become effective at the end of the then-current subscription term. If you do not terminate your subscription to the Deezer Service, you will be charged the new price beginning after the fifteen (15) day notice period. Any increase of the applicable sales tax will be automatically and immediately impacted on the Deezer Service price. It will be the same in case of the creation of a new tax that will be based on the price of the Deezer Service and applicable to DEEZER. The conditions for termination applicable in case of modification of the Deezer Service price mentioned above, will apply in the same conditions in case of a modification resulting from the increase or creation of new taxes. Different payment methods are accepted, including, Visa or MasterCard credit cards and PayPal). It is underlined that when a Subscriber communicates to DEEZER his bank details, they are not kept by DEEZER. The subscription price is paid in advance on a monthly basis. By agreeing to the subscription, you authorize DEEZER to charge you for the subscription fees on a monthly basis. When transferring Subscribers’ data and payment information to its third party payment service providers, DEEZER uses reasonable security measures, such as encryption, to protect such information from unauthorized use or disclosure. Additionally, DEEZER’s third party payment providers strive to adhere to PCI/DSS standards of transactions security. Article 4 – Availability and modification of the Deezer Service DEEZER uses reasonable efforts to make the Deezer Service accessible 24 hours a day and 7 days a week; however, DEEZER reserves the right, without prior notice or compensation, to temporarily remove access to the Deezer Service, as deemed necessary by DEEZER, including to perform maintenance of the Deezer Service. DEEZER will use reasonable efforts to provide you with at least twenty four (24) hours’ notice prior to any Deezer Service interruptions. If DEEZER elects, in its discretion, to discontinue access to the Deezer Service, DEEZER will notify you via the Application and you will not be charged any additional subscription fees after the date your access to the Deezer Service has been terminated. Article 5 – Terms of Access to the Deezer Service In order to access the Deezer Service, you must be located in the United States of America and be at least 13 years of age. If you are not at least 13 years of age, you shall not attempt to access the Application and use the Deezer Service. If you are between 13 and 17 years of age, you must have your parents’ or guardians’ consent to register for the Application and/or subscribe to the Deezer Service. Article 6 – Term and termination 6.1 Term and Renewal If you are a Subscriber, the initial term of your subscription to the Deezer Service will be one (1) month. Thereafter, your subscription to the Deezer Service will be automatically renewed for subsequent one (1) month periods unless you have provided prior notice to DEEZER of your wish to discontinue your Deezer Service subscription. If you cancel your Deezer Service subscription, the cancellation will become effective on the last day of the billing cycle during which we received your cancellation request. If your subscription is set to automatically renew, you hereby authorize DEEZER to charge you for the then-current Deezer Service subscription fees for each month of your subscription term. Instructions on how to cancel your Deezer Service subscription are set forth in Article 6.3 below. Trial Periods DEEZER may also make available on the Application access to the Deezer Service for trial periods of varying duration (“Trial Periods”). Unless otherwise indicated, your use of the Deezer Service during any Trial Periods will be subject to these Terms of Service and will be limited to one Trial Period per person. Unless otherwise indicated on the Application, following the Trial Period, we will convert your Trial Period subscription into a paid subscription for the Deezer Service unless you cancel your subscription prior to the expiration of the Trial Period. You hereby authorize DEEZER to charge you for the then-current subscription fees for the Deezer Service for each month following the expiration of your Trial Period and continuing through the month in which you cancel your subscription term as described in Article 6.3. 6.2. No Refund The Deezer Service subscription fees are paid in advance. You hereby agree and acknowledge that once you have authorized DEEZER to charge you for the Deezer Service subscription fees, you will not be entitled to receive a refund for such payment amounts. If you wish to cancel your account or discontinue your subscription to the Deezer Service, you can contact us as set forth in Article 6.3 below. 6.3 Termination 6.3.1. Subscription Termination Initiated by a Subscriber If you wish to terminate your Deezer Service subscription (or if you wish to not be enrolled in the Deezer Service subscription following a Trial Period), you can do so by (1) going to www.cricketwireless.com, (2) in the My Cricket app or (3) in any Cricket Wireless store. Termination of your Deezer Service subscription will become effective at the end of the current monthly subscription period. 6.3.2. Termination initiated by DEEZER DEEZER may suspend, terminate or modify your access to the Deezer Service if DEEZER believes that you are failing to comply with these Terms of Service or for any actual or suspected illegal or improper use of the Deezer Service, with or without notice to you. Without limiting the foregoing, DEEZER may, without notice or compensation to you, terminate your access to the Deezer Service (including your Deezer Service subscription) if it believes you have violated these Terms of Service, including, without limitation, if you have done or attempted to do any of the following: Infringe, misappropriate or violate the intellectual property rights of DEEZER, its licensors or any third party; Bypass or attempt to bypass any technical or security measures on the Application; Use, or attempt to use, multiple simultaneous connections to the same account; Provide false information to DEEZER in connection with your subscription or account registration; Use, or attempt to use the Deezer Service in connection with any (i) any commercial purpose, (ii) any business or public premises or (iii) any other non-personal or non-private use. Article 7 – User Content and Other User Restrictions You are solely liable for any messages, communications, content, images, material, data or information that you publish or provide on the Application or through the Deezer Service (“Subscriber Content”). By transmitting or submitting any Subscriber Content while using the Deezer Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the Subscriber Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by DEEZER in accordance with its Privacy Policy. You further affirm, represent and warrant that your Subscriber Content (a) does not contain content or material that is threatening, pornographic, defamatory, obscene, hateful, racist, anti-semitic, or xenophobic, (b) is not intended to harass any third party, (c) does not contain advertisement and/or solicitation for any third party, products and/or services and (d) does not contain any unsolicited or spam messages. You own your Subscriber Content. You hereby grant DEEZER a perpetual and irrevocable worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your Subscriber Content as well as all modified and derivative works thereof in connection with our provision of the Deezer Service, including marketing and promotions thereof. You agree not to: use any automatic system, such as scripts, to add members to your profile or to send comments or messages on the Deezer Service. Create or use any hyperlink to the Deezer Service using the “framing” technique (programming technique offering the possibility to divide browser windows into different independent frames in order to display the content of an external website) or the “in-line linking” technique (programming to make disappear into a webpage one element extracted from another site, which saves stock space on the hard drive where the Deezer Service is hosted and enables to hide from an uninformed user the initial content of which the element is part); or Artificially use a DEEZER account, such as to artificially increase the plays of certain tracks, including via automated processes such as robots and scripts or via any other means. Article 8 – Privacy Policy In connection with your use of the Deezer Service, please review the DEEZER Privacy Policy, located here, in order to understand how we collect and use information about you when you access, visit or use the Deezer Service. The DEEZER Privacy Policy is part of and is governed by these Terms of Service and by accepting these Terms of Service, you agree to be bound by the terms of the DEEZER Privacy Policy, and agree that we may use information collected from you in accordance with the DEEZER Privacy Policy. Article 9 – Limitation of Liability; Indemnification YOU UNDERSTAND AND AGREE THAT DEEZER AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE “DEEZER PARTIES”) WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A DEEZER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE DEEZER SERVICE. DEEZER’s maximum liability to you for direct damages is limited to the amount you paid to DEEZER for use of the Deezer Service during the twelve-month period immediately preceding the event that gave rise to such damages. You hereby agree to indemnify and hold the DEEZER Parties harmless from any and all damages, losses, costs, claims or demands (including legal fees and court costs) and expenses incurred, suffered or expended by DEEZER as a consequence of any third party’s claim relating to or arising out of: (i) your use of the Application or the Deezer Service or (ii) your violation of any term or condition of these Terms of Service. Article 10 – DEEZER Digital Millennium Copyright Act Policy If you believe that content available on or through the Application infringes one or more of your copyrights, you or your agent may submit a Digital Millennium Copyright Act (“DMCA”) notification to DEEZER, as set forth in this DEEZER DMCA Policy. The notification shall include all of the information described in this DEEZER DMCA Policy (“Notification”) to DEEZER’s Copyright Agent by mail or email using the contact information provided below. A copy of this Notification will be sent to the person who posted the material addressed in the Notification. Pursuant to federal law, you may be held liable for damages and attorneys’ fees if you make any material misrepresentations in a Notification. Therefore, if you are not sure whether content located on or accessible via a link from the Deezer Service infringes your copyright, you should contact an attorney. A Notification should include the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity (or links to such material) and information reasonably sufficient to permit the service provider to locate the material or link so that it may be removed or access to it disabled. If possible, please provide links to the exact location so that we may quickly and more easily locate the material or link. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notifications should be sent to our Copyright Agent at: Name of the Copyright Agent: Daniel Marhely Address: Deezer SAS, 12 rue d’Athènes, 75009 Paris, France Phone number: +33 (0)1 55 80 69 00 Notifications shall be sent to the e-mail address: dmca@deezer.com Notifications will be forwarded to Subscribers whose material or links are the subject of the Notification and to chillingeffects.org. Article 11 – Disclaimer of Warranties THE APPLICATION AND THE DEEZER SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE DEEZER PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE DEEZER PARTIES DO NOT WARRANT THAT THE APPLICATION OR DEEZER SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE DEEZER SERVICE OR THE SERVERS THAT MAKE THE DEEZER SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT DESCRIPTIONS OR DEPICTIONS, OR OTHER CONTENT OFFERED AS PART OF THE DEEZER SERVICE, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION AND THE DEEZER SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE APPLICATION OR THE DEEZER SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE APPLICATION OR THE DEEZER SERVICE. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE APPLICATION OR THE DEEZER SERVICE FOR ANY FEATURE OR PART THEREOF AT ANY TIME. THE DEEZER PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS. The music catalogue available as part of the Deezer Service is linked to the contracts in effect with third party rights holders and may therefore change. Therefore, DEEZER cannot guarantee the availability of any determined track or album or any artist or group in the Deezer Service catalogue. You agree that DEEZER will not be held liable for the removal of parts of the catalogue content offered. DEEZER shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of DEEZER, including without limitation any failure to perform hereunder, such as, Internet or equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. Finally, you are solely liable of your use of the Application and the Deezer Service and you agree that DEEZER will not be liable for any claim arising from your use of the Application or the Deezer Service. Article 12 – Cookies DEEZER and its partners implement cookies on Subscribers’ computer. In order to obtain all information regarding (i) the use of such cookies by DEEZER and its partners and (ii) the procedure applicable to prevent the implementation of such cookies, you can visit the section “Privacy Policy” or review Section 7 of the DEEZER Privacy Policy, located here. Article 13 – Intellectual Property The Application and the Deezer Service and all elements composing of the foregoing (such as but not limited to the logos, domain names, tracks or videos, and there associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the tracks or videos including the visuals on the packaging) (the “DEEZER Content”) are the exclusive property of DEEZER and/or its licensors. The DEEZER Content is protected by applicable laws, including intellectual property laws. You may only access and use the DEEZER Content for the purpose of using the Deezer Service in accordance with these Terms of Service. Any unauthorized use of the Application, the Deezer Service or the DEEZER Content without the express consent of DEEZER is strictly forbidden. The Recordings are protected by U.S. Copyright laws. Therefore, you may not use the Deezer Service for any commercial purposes, including playing the Recordings in a business environment or public place. You may only access the Application and use the Deezer Service for your own personal use. Except as provided in these Terms of Service, any other use of the Recordings is strictly prohibited. Except as provided in these Terms of Service, you shall not download or attempt to download, transfer or attempt to transfer, permanently or temporarily, the Recordings on the hard drive of a computer or any other device (notably music players), or other physical storage medium (e.g. CD or hard drive). Any resale, exchange or renting of tracks or Recordings offered on the Application is strictly prohibited. DEEZER may implement or use technical protection measures to prevent the unauthorized use of the Recordings. You hereby agree not to bypass, or attempt to bypass, by any means, these technical protection measures. Article 14 – Modifications of the Terms of Service DEEZER may amend these Terms of Service from time to time. We will post any material changes to these Terms of Service on the Deezer Service with a notice advising of the changes at least thirty (30) days before the effective date of the changes. If you have provided us with your email address we also will endevor to notify you of material changes to these Terms of Service by sending an email at least fifteen (15) days before the effective date of the changes to the email address you most recently provided to us. If you do not agree to the new terms, you may terminate your account within the applicable thirty (30) day period (1) by going to www.cricketwireless.com, (2) in the My Cricket app or (3) in any Cricket Wireless store, and you will not be bound by the amended terms. Otherwise, the new terms will take effect after thirty (30) days. Article 15 – Contact DEEZER For any information or question regarding the Deezer Service, you can contact DEEZER by submitting a request at http://support.deezer.com. Article 16 – Nullity of a term You and DEEZER agree that if any portion of these Terms of Service or of the DEEZER Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Service, which shall continue to be in full force and effect. Article 17 – Choice of Law These Terms of Service are governed by the laws of the state of New York, without regard to conflict of law principles, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in New York. You consent to the exclusive jurisdiction of the federal or state courts located in New York County, New York. Article 18 – Arbitration Agreement and Waiver of Class Remedies The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms of Service (including its formation, performance and breach) and your use of the Deezer Service shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this section by sending written notice of your decision to opt-out here. The notice must be sent within thirty (30) days of registering to use the Deezer Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Service. Article 19 – Assignment DEEZER may assign or delegate these Terms of Service and/or the DEEZER Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without DEEZER’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective. Article 20 – Entire Agreement These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including DEEZER’s Privacy Policy), contain the entire understanding of you and DEEZER, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and DEEZER with respect to the Deezer Service. Article 21 – No Waiver The failure of DEEZER to require or enforce strict performance by you of any provision of these Terms of Service or the DEEZER Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of DEEZER’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by DEEZER of any provision, condition, or requirement of these Terms of Service or the DEEZER Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by DEEZER shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of DEEZER. 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