TERMS OF USAGE
As of December 25, 2018
The Service provides Visitors and Members with Sites offering homosexual explicit sexual content for personal and recreational purposes. Access to the Service is free and strictly prohibited to minors. Visitors can access photos and texts available on the site. The opening of an Account makes it possible to become a Member and to access free complementary services to which the Visitor does not have access (view of trailer, access to actors' sections, newsletter service) as well as paid services (watching movies and videos).
Definitions:
Account: The Account is the personal space dedicated to the Member on the Service that he accesses by registering on a Site. It allows the Member to access all the Sites of the Service.
Content: images, texts, videos and sounds of a pornographic nature disseminated by the Service, as well as the brands and logos contained therein.
Member: Individual who has opened an Account on the Service.
Platform: The set of common integrated technical services provided by the Provider to the Sites.
Publisher: Owner and / or Licensee of Content operated one or more Site (s) of the Service.
Service: All the Sites and features available to the Member.
Provider: Service provider, billing and technical support: Studio Presse sarl, 81 rue Reaumur, 75002 Paris, France. Phone: +33 186 277 111
Site(s): All the websites hosted on the Platform and broadcasting Content.
TUS: Terms of Use and Sales. The Terms of Sales are applicable to the paid services available on the Service described in article 5 of the TUS.
Visitor: Individual browsing the Service without having created an Account.
Hosting provider: OVH, 2 rue Kellermann, 59100 Roubaix, France
1. Relationship of the Member with the Provider
1.1 The use of the Service is subject to the terms of a contract that binds the User to the Provider.
1.2 The TUS are binding on the use of the Service. It is important that the user reads them carefully.
2. Acceptance of Conditions
2.1 To use the Service, the User must first accept the TUS. If he does not accept them, he will not be able to use the Service.
2.2 The User acknowledges that the use of the Service constitutes acceptance of these Terms.
2.3 The User can neither use the Service nor accept the TUS if (a) he does not have the legal majority in his country, or (b) if the laws of his country of residence or the country from which he accesses to the Service prohibit him from receiving or using the Service. In addition, the User agrees not to expose the Content to minors and to take any measures to prevent a minor from accessing the Content via his Account (see article 4).
3. Changes to the Conditions
The Provider reserves the right to periodically modify the TUS for example to adapt them to the legislative and regulatory modifications, or to modify the functionalities proposed within the framework of the Service. The amended Terms of Use will be subject to the User's agreement at the time of connection to the Service via a pop-up. If the User does not accept the modified Terms of Use, he must stop using the Service. Continuing to use the Service beyond the date of publication of the modified TOU will be deemed acceptance of the modified TOU.
4. Account
4.1 When the Member creates his account, he must provide a valid email address and ensure the security and confidentiality of his password.
4.2 The opening of an Account on a Site the Member gives access to all the Free Content available on the Service (see preamble) as well as services and Paid Content (see article 5). Free or paid Content and Sites may be modified or withdrawn at any time from the Service by the Provider.
4.3 When registering, the Member may opt for subscribing to the Newsletters of the Service or decide not to subscribe to it. In case of subscription, the Member may at any time unsubscribe from his Account.
4.4 The Member shall immediately notify the Service of any security breach or unauthorized use of its Account of which it becomes aware.
4.5 The Member acknowledges that he is solely responsible (towards the Provider and any third party) for any activity carried out from his Account.
5. General Conditions of Sale applicable to the paid services available on the Service.
5.1 Preliminary Checks: Before using the paid services described in article 5.2, the Provider invites the Member to test the proper functioning of his computer, tablet or smartphone by viewing the trailers. The Provider invites the Member to seek his assistance or that of any competent person in case of malfunction in order to find an adequate solution to the problem.
5.2 The different paid services available : (A) The purchase of non-renewable lots of tickets (5, 10, 20, 50, 100 tickets), allowing the rental and / or downloading of videos on the Service. The use of tickets on the Service is not limited in time. (B) Subscription to an automatically renewable monthly subscription giving rental access to all videos available on the Service. This subscription can be terminated at any time from the Account. (C) Downloading and / or renting full movies.
5.3 Means of payment: The service payment provider offers the main bank cards. These means of payment may change from time to time.
5.4 Price changes: Once the subscription is subscribed, its price can’t be changed in any case. On the other hand, the price of paid services, before they are purchased, are subject to change at any time.
5.5 Compensation for interruption or malfunction of the service : The Provider can’t be held responsible in case of permanent or temporary interruption of the telephone network or the access provider of the Member which is not his own and constitutes a case of force majeure. In the event of termination of the service incumbent on him, the Provider agrees to compensate any purchase made on the Service, if the duration of interruption exceeds 48 hours. Provided that the Member has a minimum configuration necessary for viewing our videos. Namely, an ADSL or fiber optic connection and the latest versions of browsers Chrome, Firefox, Safari (for Mac). These programs are available as a free download on the Net. The compensation will be in the form of ticket credit or as an extension of the right of access to the videos.
5.5 Cancellation of subscription: To cancel his subscription, the Member must go to the "my subscription" section of his Account.
5.6 Right of withdrawal: In accordance with Article L.221-18 of the Consumer Code, the Member having subscribed a subscription has the right to withdraw for a period of fourteen (14) calendar days from the conclusion of the sale, without having to give reason and without any sum being due. To retract, the Member will send his request by email to support@studiopresse.com. In accordance with Article L-221-25 of the Consumer Code, the Member who has started to use the service (in this case to watch films or videos) before the end of the withdrawal period, pays the professional an amount corresponding to the service provided until the communication of its decision to retract. The amount is calculated on the basis of the market value of what has been supplied and consumed (ie. the price of single video on the service).
6. General Use Restrictions and Intellectual Property
6.1 The Provider hereby authorizes the User to access and use the Service, subject to compliance with the GCUS. The User acknowledges that the non-respect of one of them constitutes, on his part, a breach of these Terms:
- He undertakes not to modify or alter any part of the Website or the Service
- It undertakes not to attempt to interfere in any way with any function of the Service.
- It undertakes not to use or launch an automated system with access to the Service so that it sends more request messages during a given period than can reasonably be expected to produce a human being during the same period using a standard (ie unmodified) Internet browser available on the market;
- It undertakes not to access the Content for any reason other than personal non-commercial use;
- It undertakes not to copy, reproduce, distribute, transmit, broadcast, display, sell, grant licenses or otherwise exploit any Content without the prior written consent of the Service or the publishers of the Sites.
6.2 The Provider constantly innovates in order to offer the best possible experience to the User. The latter acknowledges and accepts that the form and nature of the Service offered by the Provider may be modified from time to time without prior notice.
6.3 The User acknowledges that he is solely responsible (and that the Provider has no liability to the User or any third party) for any breach of its obligations under the GCUS and the consequences of this breach (including losses and damages).
7. Community Moderation of the Content
The User acknowledges that, by simply using the Service, he may be exposed to shocking, indecent or otherwise negative content. If you consider that a Content infringes French law, it is invited to notify it via the contact form accessible in one click at the bottom of each page of the Service.
The Provider undertakes to withdraw the said Content, after checking with the Publisher of the Site.
Notifications should specify:
- the Site, the date and time when the Content has been seen.
- The title of the Content (with the possibility of attaching screenshots of the Contentious Content)
- The reasons for which the contents must be removed
To be admissible, any request for withdrawal of the Content must be accompanied by a copy of the identity document of the issuer and a declaration on his honor mentioning his marital status and contact details (email and phone)
8. Intellectual property
8.1 The Content is protected by copyright, trademark law and any other intellectual property rights held by the Provider and / or the Site Editor available on the Service. It is strictly forbidden to transmit, distribute, display, sell, or otherwise exploit, without the prior written consent of the Provider and / or publishers of the Sites.
8.2 If the User notices a copyright infringement relating to Content available on the Service, he is invited to notify him by email the address copyright@studiopresse.com or via the contact form accessible at the bottom of each step of the Service. To be admissible, any request for removal of the offending Content must be accompanied by a copy of ID and a declaration on his honor, mentioning his marital status, contact details (email and phone) establishing the foundation of his request.
9. Termination of the contract and closure of the Account
9.1 Closing the Account by the Member
The Member may decide to definitively close his Account by sending an e-mail or a letter to the Provider whose postal address and e-mail address appear at the top of the GTCU, at any time and without notice. His Account will be permanently deleted including the rights acquired to the paid services registered on his Account.
The Member's data will be retained for the retention period of the data defined in Article 6.1 and finally deleted after this period;
9.2 Closure of the Account by the Provider in the event of a Member's failure to comply with the TUS
In the event of a breach by a Member of the TUS, his Account may be suspended at any time as a precautionary measure and then terminated automatically by the Provider during the period necessary for the checks carried out by the Customer Service.
The Member whose Account is suspended will be informed by the Provider of this decision by sending an email. The Member is invited to contact the customer service of the Provider.
The Member's data will be retained for the retention period of the data defined in Article 6.1 and finally deleted after this period;
The rights acquired on the paid services registered on the Member's Account on the day of the termination will be definitively removed, without possibility of refund;
The Member will not be able to re-open an account for a period of 3 years from the last connection.
9.3 Closing Accounts of Inactive Members by Provider
An Account is considered inactive if no connection is established for a continuous and consecutive period of 3 years. The Member will be informed by e-mail, at the address he has entered in his account, the deletion of his Account with 8 days notice. The Member may at any time, during the notice period, reactivate his Account which will have the effect of suspending the termination procedure.
10. Litigation – Mediation
These TUS are governed by French law. All disputes between the Users and the Provider relating to the use of the platform will be submitted to the competent French courts under common law conditions. The User is informed that he can in any case resort to a conventional mediation, in particular with a mediator of the consumption whose coordinates are hereafter:
Medicys, 73 boulevard de Clichy, 75009 Paris, contact@medicys.fr - www.medicys.fr. The User may also submit any complaints on the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. The European Commission will transfer the Member's complaint to the competent national ombudsmen notified.
11. Miscellaneous
11.1 These Terms constitute the entire agreement between the User and the Provider regarding its use of the Service and replace in their entirety any previous agreements entered into between the User and the Provider.
11.3 If any of the terms of these Terms of Use are deemed invalid by any decision of a competent court, this will be deleted without affecting the other terms of the Terms. The remaining terms will remain valid and enforceable.
