The web site http://www.deezer.com (hereinafter the “Site”) is an interactive and social musical website, edited by Deezer.
Deezer SA is a French corporation with an income of 128.535,25 €, registered under number 511 716 573, with its principal offices located at 12 rue d’Athènes 75009 Paris, FRANCE.
Deezer is hereinafter referred to as “DEEZER” for these terms (hereinafter the “Terms”).
I. SERVICES DESCRIPTION
The Site offers the possibility for any developer (hereinafter the “Developer”) to access free of charge the DEEZER application programming interface (hereinafter the “DEEZER API”) and the DEEZER plugins, widgets and exportable player (hereinafter the “DEEZER Plugins”) in order to customize his personal site and/or develop personal web pages, blog (hereinafter the “Webpages”) and personal applications (hereinafter “Personal Applications”) providing access to all textual, visual, audio and any other content that may be provided by DEEZER from time to time (altogether hereinafter the “Content”).
Access both to the DEEZER API and to DEEZER Plugins (altogether hereinafter the “Services”) is strictly subordinate to the acceptance without any reserve and the respect of the present Terms by every developer.
The Developer, by accepting this Terms, enters into a legally binding agreement with DEEZER to abide by the same.
DEEZER has the right to amend these Terms for any reason at any time without any prior notice or liability to the Developer. The latest updated version available at www.deezer.com/developers/ will be binding upon the Developer immediately upon posting.
II. ACCESS TO THE SERVICES
Access to the DEEZER API
a) Upon the acceptance of these Terms, the Developer shall be granted a free access to the DEEZER API in order to develop Webpages and/or Personal Applications.
Access to the DEEZER API shall be provided to the Developer on the Site following the process indicated at the following URL: http://www.deezer.com/developers/simpleapi.
It is specified that, regarding the access to the DEEZER API, are full part of this Terms the Trademark Guidelines provided by DEEZER at: http://www.deezer.com/developers/simpleapi regarding the use of DEEZER’s logos.
Furthermore, beyond the mandatory Trademark Guidelines, DEEZER provides Developer, at the same address, with a non-mandatory document, the Graphical Toolkit, which explains how to reproduce DEEZER’s visual identity and look and feel.
The DEEZER API shall provide access to the following contents: Album, Artist, Comment, Editorial, Playlist, Radio, Search, Track, User, and any other contents displayed by DEEZER from time to time.
The Developer recognizes that it shall be granted no right upon the DEEZER API, the Personal Application that it shall develop and the Content of the Services.
b) Developer agrees that DEEZER may set up technical measures which permit to oversee Developer’s use of the DEEZER API and compliance with the Terms.
c) Developer agrees that DEEZER has the right at any time for any reason and at its own discretion to modify, restrict or remove Developer access to the DEEZER API and to the Site, without any prior notice or liability to the Developer.
Use of the DEEZER Plugins
Upon the acceptance of these Terms, the Developer shall be granted a free and unlimited access to the DEEZER Plugins in order to integrate them into Webpages and/or Personal Applications.
Access to the DEEZER API shall be provided to the Developer on the Site following the process indicated at the following URL: http://www.deezer.com/developers/musicplugins
The Developer recognizes that it shall be granted no right upon the DEEZER Plugins and the Content provided by DEEZER, which remains at any time exclusive property of DEEZER or its right holders.
Developer agrees that DEEZER has the right at any time for any reason and at its own discretion to modify, restrict or remove Developer access to the DEEZER Plugins and to the Site, without any prior notice or liability to the Developer.
III. DEVELOPER WARRANTY
Developer warrants and represents to DEEZER that he:
1) Provides true and complete information to DEEZER when creating a Developer account on the Site.
2) Possesses all rights, licenses or any other authorizations or permissions necessary to develop his Webpage and/or Personal Applications.
3) Will not modify, edit, disassemble, decompile or reverse-engineer the DEEZER API or any part of the Services.
4) Will comply with all local and international laws and regulations, including, all applicable intellectual property and data protection laws, especially by implementing standards of privacy and confidentiality when using any part of the DEEZER Services.
5) Will ensure that his Webpage and/or Personal Applications in which the Services are used abide by public order and good manners (i.e. is not defamatory, obscene, injurious, ateful, discriminatory or sexual explicit), and more broadly do not infringe effective laws and regulations.
6) Will not use the Services in any way or on any website that is associated or promotes in whatever manner the illegal or unauthorized use, streaming, download, or sharing of music and associated elements content, including but not limited to the Content provided by DEEZER.
7) Will indemnify, and keep DEEZER, its affiliates, licensees, assigns, successors, customers, users, all third-party advertisers, right-holders, technology providers and service providers, and each of their respective employees, directors and representatives, fully and effectively indemnified from and against any and all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all reasonable professional costs and expenses), suffered or incurred by one of the persons listed above arising out of or in connection with any claims, actions or proceedings which arise out of or are related to: (i) the Developer’s access, retrieval and use of the Services; (ii) any breach by Developer of the warranties contained in this Section III; and (iii) violation by Developer of any provision of the Terms.
IV. NON-COMMERCIAL USE
The Developer agrees that the use of the Services is strictly limited for a non-commercial purpose and in a non-commercial environment.
It means that the Developer shall not perceive, receive, generate, benefit or create directly or indirectly, any moneys, incomes, revenues, data or any other consideration in connection with the use of neither the Services themselves, nor any and all Content accessed through the Services.
Furthermore, It means both the Services and the Content accessed through the Services, shall not be associated, directly or indirectly with any trademark, brand name, or logo.
The Developer acknowledges that only users registered with a Premium+ account on the Site can access and listen to the full length recordings through the Webpages and/or Personal Applications developed by the Developer, which are otherwise accessible only up to 30 seconds
The Developer undertakes to inform by any means any person accessing the Content through the Webpages and/or Personal Applications of its conditions of use and notably that the streaming of the recordings is limited to a strictly private use within a family scope.
The use of the Content is limited to a strictly private use within a family scope.
V. DIGITAL RIGHTS MANAGEMENT
The Developer recognizes that the Content are protected by Digital Rights Managements (DRM), set up by DEEZER, in order to prevent or limit, depending on the technology offered, the unauthorized use of the Content.
The Developer undertakes not to bypass, by any means, these measures, for the purpose of downloading the Content, or more broadly using the Content in violation of the present Terms.
The Developer is informed that DEEZER will remove the access to the Services, and to the Site to any Developer in case of any bypass by the Developer or any third party of the DRM or any other unauthorized use of the Content in the Services.
Subject to the prior request of any judicial and/or administrative authority, DEEZER has the right to communicate the identity of the offender to any owner and/or right holder on the Content.
VI. DISCLAIMER AND LIMITATION OF LIABILITY
The Site and the Services are made available to Developer on an “as is” basis and DEEZER cannot be held liable neither for the unavailability, whether temporary or permanent, of the Services or the Site, nor for any defect or error in the Services.
DEEZER has the right to modify at any time without any notice the DEEZER Services and/or the Site notably by making available new functionalities or Content or by modifying and/or deleting functionalities or Content that were offered to the Developers on the DEEZER Services and/or on the Site.
DEEZER cannot be held liable for the fraudulent exploitation which could occur without its knowledge or in violation of the Terms and notably any illegal use, streaming, or downloading of the Content.
DEEZER cannot be held liable for independent technical problems of its Services such as maintenance or network issues due to the internet service provider and which could lead to a temporary intermission of the network.
DEEZER cannot be held liable neither for the dysfunction of internet links on the Site transferring to external website whose integration has been made by the Developer, nor for all their content and notably the products, services and/or any other available materials on and from these external websites.
VII. INTELLECTUAL PROPERTY
The general structure of the Site, the DEEZER Services, and any other elements composing them (such as but not limited to the graphics, texts, visuals, photos, logos, domain names, elements associated with the Content comprising the photos, images, texts and biography of the author, artist and/or any right holders, on the Content along with the visuals packaging of the Content) are exclusively owned by DEEZER or right holders.
Any reproduction and representation, in total or partially, of the Site and/or elements composing it by any means without the express authorization of DEEZER or right holders are strictly forbidden and would amount to an act of counterfeiting punished by law.
DEEZER is the worldwide owner of the verbal and semi-figurative trademarks “DEEZER” (whether registered or unregistered) and retains all right, title and interest in and to them. The Developer will not copy or use these trademarks in any way not authorized by DEEZER in these Terms, will abide by the Trademark Guidelines set out by DEEZER in connection with his use of these trademarks, and shall not challenge the validity of these trademarks or attempt to register similar or trademarks, service marks or logos.
Developer may not assign or otherwise transfer, its rights or delegate its duties or obligations under these Terms. Any attempt to assign, or otherwise transfer, any rights contained in these Terms is void and will inevitably lead DEEZER to remove Developer access both to the Services and to the Site.
The Developer agrees that the use of the Services for any other purposes than those mentioned herein, shall be beforehand reviewed and approved by DEEZER, at DEEZER’s own discretion.
The Developer agrees that nothing in these Terms shall prevent DEEZER to create, develop and commercialize services or products similar to the Developer’s Personal Applications and/or Webpages.
Furthermore, DEEZER may at any time and at its own discretion, quote, refer to, promote or communicate on the Developer’s Personal Applications and/or Webpages, if necessary with a description of the relationship between DEEZER and the Developer.
Sections III, VI, VII, IX, X and XI will remain in effect after the Developer ceases to access or use the Services.
XI. APPLICABLE LAW
The present Terms are submitted to French law.
In case of litigation, the parties will try to reach an agreement before any judicial proceeding. If no agreement can be reached, any claim regarding the validity, the interpretation and/or the execution of the Terms will have to be brought before a French court and thus even if there are multiple defenders or in case of guarantee enforcement.