The application « Analytics by Deezer » is created, developed and operated by DEEZER, a French corporation, registered under number RCS 511 716 573, with its principal offices located at 12 rue d’Athènes, 75009 PARIS, FRANCE (« DEEZER »).
These Terms of Use (hereinafter « ToU ») govern the access and use of the application developed by DEEZER named « Analytics by Deezer » (« Analytics by Deezer App »).
The Analytics by Deezer App was developed by DEEZER to provide its releases providers with data and analytics enabling them to measure performance and analyse their audience.
Access and use of the Analytics by Deezer App is strictly limited to DEEZER’s releases providers or producers and their authorized personnel (“App Users”).
In order to access and use the Analytics by Deezer App, every App User must abide by the present ToU and must:
The use of the Analytics by Deezer App is strictly limited to DEEZER’s releases providers and their authorized personnel. The App User shall keep confidential and not communicate, transmit, reproduce, copy, publish, broadcast or otherwise disclose any information or data made available or accessible via the Analytics by Deezer App.
The Analytics by Deezer App can be accessed 24 hours a day and seven days a week within the limits set out in these ToU.
DEEZER has the right to make any modifications to the Analytics by Deezer App as it deems necessary. Furthermore, DEEZER has the right, without prior notice or compensation, to temporarily remove access to the Analytics by Deezer App in order to ensure the maintenance or continuity of the Analytics by Deezer App or otherwise. DEEZER also has the right, without compensation, to shut down access permanently to the Analytics by Deezer App.
EXCEPT AS OTHERWISE PROVIDED IN THESE TOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ANALYTICS BY DEEZER APP IS PROVIDED “AS IS”,“AS AVAILABLE” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. DEEZER DOES NOT WARRANT THAT (I) THE ANALYTICS BY DEEZER APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE ANALYTICS BY DEEZER APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE ANALYTICS BY DEEZER APP IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, OR (V) THE RESULTS OF USING THE ANALYTICS BY DEEZER APP WILL MEET THE APP USER’S REQUIREMENTS.
DEEZER disclaims liability for any dysfunction on the Analytics by Deezer App, whether it concerns its access, consultation speed, the temporary or definitive inaccessibility of the Analytics by Deezer App, and the fraudulent use by third parties of the information provided on the Analytics by Deezer App which DEEZER cannot be held responsible for.
Therefore, it is the App User’s duty to protect his/her equipment, 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 for any dysfunction or damage caused to the App User’s equipment which are not attributable to culpable actions of DEEZER.
Furthermore, DEEZER disclaims any liability if a breach of any of its obligations 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, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning and more broadly any unstoppable and unforeseen event which prevent the good execution of the orders.
DEEZER disclaims liability in the event the Analytics by Deezer App is incompatible with certain equipment and/or functionalities of the equipment of the App User.
Finally, the App User is liable for his/her use of the Analytics by Deezer App and cannot hold DEEZER liable for any claim and/or procedure made against him/her in that respect. The App User shall take on every claim, complaint or objection and any proceedings filed against DEEZER by a third-party in relation to the App User’s culpable violation of their obligations in the course of their use of the Analytics by Deezer App.
The general structure of the Analytics by Deezer App and all elements composing it (such as but not limited to the logos, photos, images, texts, or any visuals) are the exclusive property of DEEZER and/or its licensors.
These elements are protected by intellectual property laws and others, and notably copyright law. The App User can only use these elements for the purpose of using the Analytics by Deezer App in compliance with these ToU.
Any total or partial representation of the Analytics by Deezer App and/or the elements composing them (as described above) by any means without the express consent of DEEZER is therefore forbidden and would be considered as infringement of law.
In case one of the provisions of these ToU would be declared void or voidable for any reason, the remainder of the ToU will continue to apply in full force and effect.
The present ToU are governed by the laws of France. In case of claims, the parties will try to reach an amicable agreement before any judicial proceeding. If no amicable agreement can be reached, any claim regarding the validity, the interpretation and/or the execution of the ToU shall be brought before the courts of the Paris, France.