Terms and conditions about the website ephemia.com
These Terms constitute a legally binding contract between any Registered user and One Time Sarl and you are encouraged to contact an attorney of your own choosing and at your own expense if you do not understand anything contained herein.
1.2 These Terms are an agreement/contract between you and One Time Sarl, registered at the French commercial register of Rennes under number 809 031 503 (“One Time”, “we”, “us”, or “our”).
The billing is provided by our authorized sales agents :
The Website is hosted by OVH SAS, 2 rue Kellermann – 59100 Roubaix - France.
Any claim concerning access of use of Ephemia must be sent at firstname.lastname@example.org.
1.3 The Website ephemia.com, https://ephemia.com, (the « Website ») provides for a service of mailing and hosting of sexually explicit material that is opened to persons
- (i) complying with the requirement described in article 3 below
- (ii) who have completed the registration process (the “Registered users”)
- (iii) and purchased a subscription package (the “Members”).
1.4 The Website is intended solely for access and use by consenting adults who are at least 18 years old or the Age of Majority in the jurisdiction you are accessing the Website or the Service from. Persons Under the age of 18 are prohibited from creating an account on the Website.
Please leave the Website immediatly if :
- You do not comply with the requirements indicated in article 3.2 hereinafter, especially if you are under the age of 18 ;
- you are offended by sexually explicit material or you do not want to be exposed to the type of material displayed on the Website ;
- you do not agree with any portion of these Terms.
1.5 Access to and use of the Website and the Service is through a combination of a user name and a password.
You are responsible for maintaining the confidentiality of your password and the security of your account, and are fully responsible for all activities that occur using your password or account.
1.6 Information we collect about you are handled and used by us. According to the French law n° 78-17 du 6 janvier 1978 you do have a right to access, amend, correct and delete those information. This can be done in the page “Settings” or your account or by sending us an email at email@example.com.
We inform you that your IP address is automatically collected at any of your connection to the Website.
You agree to avoid any communication including, in whole or in part, any personally identifiable information (including, but not limited to, email addresses, instant messenger account information, phone numbers, physical addresses, or real names) or any information that would enable someone to locate you.
In case you wish to go against this interdiction and plan to meet another Member in real life, we warn you that you should always meet in a public place and inform someone you trust of this meeting.
3. Acceptance of the Terms
3.1 If you are an individual who desires to utilize the Service, you must read these Terms and accept them by following the instructions on the Website and clicking the “Sign in” button.
3.2 Registration on the Website and access to the Services is prohibited to persons who :
- are under the age of 18 years ;
- have not reached the age of majority in the jurisdiction which you accessing the Site from (the “Age of Majority”) ;
- are accessing the Website from a jurisdiction where it is illegal to view sexually explicit ;
The Website makes no representation of any kind regarding the legality of any of the material displayed on the Website in your jurisdiction.
3.3 By viewing, using, registering or subscribing to the Website, you represent and warrant the following :
- that you comply with the requirement of article 3.2 ;
- that you choose to access the Website and Service freely, in order to view, read, or hear the content available for your own personal enjoyment or entertainment ;
- that you will abide by these Terms ;
- that you will not permit any individual under the Age of Majority in your jurisdiction (18 year or age, or older, depending on the age of majority in your jurisdiction) to view or access material on the Website.
You hereby warrant and acknowledge that you understand and agree that any use of or access to the Website or the Service by a minor or in contravention of the laws of your jurisdiction constitutes unauthorized access to the Website and to the Service, and could subject you to criminal or civil prosecution. The Website is in no way responsible for any unauthorized access or use of the website or service by you.
3.4 We reserve the right to modify these Terms from time to time. We will notify you of any updates to these Terms by presenting you with an alert (displayed on the Website). Your continued use of our Website or Service following any notification of any updates to these Terms, signifies your acceptance of the changes. Following your notice of any updates to these Terms, if you do not agree with any of the modifications to any of the Terms, please contact us and request a cancellation of your membership and leave the Website immediately.
4.1 The registration is the first step you will have to complete in order to access the Website and use the Services.
In order to register to the Website, you have to complete the registration form and to choose a user name and a password. You agree to provide true, accurate, current, and complete information about yourself as requested by the Website and to keep it current and accurate. You agree not to choose a user name that impersonates someone famous.
4.2 You are responsible for maintaining the confidentiality of your password and the security of your account, and are fully responsible for all activities that occur using your password or account. You agree that you will not share your password with others or do anything that might jeopardize the security of your account, including sharing your password with or logging in throught unauthorized third-party applications or websites.
Use of an account on multiple computers simultaneously is not permitted. Please notify us immediately of any unauthorized use of your password or account or any other breach of security.
The Website will not release passwords for any reason, except as may be specifically required by law or court order or in a permitted transfer. Unauthorized access to the membership service is a breach of these Terms and a violation of law.
We may, in our sole discretion, refuse to register and offer access to the Services to any person or entity. If so, the refusal will be noticed to you by email.
4.3 Users are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. No compensation will be given for the cost of acquiring or mainting those equipments.
5. Services and Content
5.1 The Website is an adult community social networking website which provides for the uploading, sharing and general viewing of digital information including text, images, graphics and audio/vidéo, audio-video recordings (the « Content »).
In order to do so, each Member has the right to :
- view all the Content uploaded by the other Member on the public pages ;
- upload Content that will be display on the public pages ;
- share private Content with other Member.
- chat with other Member
5.2 You agree and understand that any Member is free to determine whether he/she wants to share and receive private Content with you. Any communications to you may contain material of a sexually explicit nature.
5.3 We reserve the right to discontinue or change services included in various membership options at any time without notice. You agree that we will not be liable to you or any third party for any modification to any or all of the website’s membership offer(s).
5.4 The Website is not a producer (primary or secondary) of any of the Content found on the Website.
5.5 Before uploading any Content, you must verifiy that :
- all models appearing in your Content is over 18 years old or the age of majority in his/her country of jurisdiction ;
- you keep record all models appearing in your Content (including you) according to 18 U.S. Code §2257 ;
- you are either the primary producer of the Content and own the Content, or legally licensed to upload, publish, and/or share the content at hand ;
- you do not violate any law of your jurisdiction ;
- you do not violate any of these Terms ;
- you do not violate the guidelines we provide you during the upload of the Content (especially concerning the determination of the sexual level of the Content)
5.6 The legal record you must keep available for inspection during 10 (ten) years under 18 U.S. Code §2257 must contain:
- the legal name and date of birth of each performer ;
- a legible copy of the identification document examined when recordind the legal date and name of the performer ;
- the address of each performer.
5.7 All Content is deleted thirty (30) days after it has been uploaded. Notwithstanding Content may remain on the Website following any termination of Member’s membership either by the Member of by us. The Member remains responsible for all recording keeping.
For Entertainment Purposes
This site uses fantasy profiles which do not correspond to actual members.
You understand, acknowledge, and agree that some of the profiles used on this site may be fictitious and operated by site administrators and or its contractors. Nothing contained in a fantasy Profile is intended to describe or resemble any real person, and is included on the Website for your personal enjoyment or entertainment. If you respond to, or initiate any communications or interactions with these profiles it will not result in a physical meeting between the profile and You.
Cuties Service :
Cuties profiles and their related messages are conspicuously labeled with a heart icon also known as the Cuties logo.
The Cuties service is incorporated to encourage and facilitate broader enjoyment of all our Website’s services, including the following :
- Enhance the online companionship and entertainment experience
- Demonstrate to users the features and communication tools of the site
- Encourage broader participation in our services
- Educate members regarding the site’s various features and communication tools
- Ensure compliance with our Terms and Conditions
- Facilitate account development
You understand, acknowledge, and agree that no physical meeting will ever take place between you and any Cuties, and that the exchange of messages between you and a Cuties is for entertainment purposes.
Nothing contained in this section shall create any right to, or expectation of, any communication between Users and Cuties Users. You acknowledge that you understand that any communication with a Cuties User is subject to these Terms. We reserve the right to utilize the Cuties service with any features of our Site, either now existing, or to be developed in the future. Should you have any concern or wish to request further information about our Cuties entertainment program, please use our online contact form here.
Angels Service :
Angels profiles and their related messages are conspicuously labeled with an angel icon also known as the Angels logo.
Angels profiles provide a virtual companionship with Users who wish to discuss with them. A User is charged tokens for each message or picture he sends to an Angel through the chat. The number of tokens charged per message depends on each Angel and is notified in the chat window.
You understand, acknowledge, and agree that no physical meeting will ever take place between you and any Angels, and that the exchange of messages between you and an Angel is for entertainment purposes.
Should you have any concern or wish to request further information about our Cuties entertainment program, please use our online contact form here.
6. Subscription offers
6.1 The access to the Services is subject to the purchase of one of our subscription offers (“Subscription offers”). Any of the subscription packages grants you with an illimited access to the Services
We reserve the right in our sole discretion to offer the ability for some Registered user to become a “Trusted Member” which would award then the status of Member without suscribing to subscription offer. A Trusted Member is any User who 1) has validated his or her identity by sending us Content that certifies their identity 2) has uploaded quality Content. Trusted Members shall be uniquely identifiable on the Website and may have access to special features such as being able to search for other Trusted Members. The Website reserves the right to remove or modify the Trusted Member feature at any time whatsoever and without any prior notice. You agree and understand that we assume no responsibility or liability of any kind whatsoever related to Trusted Member abusing its feature
From time to time, in our sole and absolute sole discretion, we may offer free upgrades or promotional accounts to some Registerd users or Members. We reserve the right to change or discontinue, temporarily or permanently, such upgrades or promotional accounts without notice. You agree that we are not liable to you or any third party for any modification or discontinuance of and free upgrades or promotional accounts.
6.2 The fees payable for each of our Subrcription offers are set out on the payment page at the point of making payment. Please review the payment page very carefully when you come to make payment.
The prices are subject to offers, discounts and changes that may be applied at any time. We also reserve the right to alter these subscription packages at any time.
6.3 The Website may occasionally offer promotional trial memberships to its paid services at special discounted prices. Registered users that sign up for such trial memberships will be automatically renewed at the end of the trial period at the normal membership rate specified at the moment of trial subscription, unless the User cancels before the end of the trial period.
Please be aware that when you subscribe to any offer, including the trial period, you will become liable for automatic renewal billing. Thereby you acknowledge that your subscription has an initial and recurring payment feature and accept responsibility for all recurring charges prior to cancellation.
6.4 The billing of the subscription offers is made by credit card on a secured page. Your access to the Website and Services will only be granted after completion and validation of your payment.
Validation of your payment will be confirmed to you by email. We agree and acknowledge that it is your responsability to provide us with your correct email and to keep it accurate. We assume no responsability for any error in the email address you have provided us with.
If you have already made payments on our sites - after confirmation of the selected package - the payment will be done automatically.
6.5 We operate an automatic renewal billing policy.
This means that once your initial membership period has expired, for your convenience, your membership will automatically be renewed at the same rate that you signed up for using the original payment method. For example if you pay by credit card, we will continue to debit this same credit card as each subscription period expires. We will only debit these repeat payments when your current payment period expires and not before.
6.6 In the event that you disagree with any charge made to your account, you agree to contact us with a view to resolving the dispute prior to making a formal notification to your credit card company. You must contact us either by email or telephone, stating your reasons for dispute of the charge. This will enable us to accurately and promptly assess your complaint and, where justified, credit your card with the disputed amount in a timely manner to avoid any further inconvenience to you.
6.7 Members must promptly inform the Website of any of the following: changes in the expiration date of any credit card used in connection with the service; changes in home or billing address; and any apparent breaches of security, such as loss, theft or unauthorized disclosure or use of an account or password. Until the Website is notified by email of a breach in security, the Member will remain liable for any unauthorized use of all of the Website’s services, and for any charges that accrued to his or her account.
6.8 You are free to cancel your subscription at any time. To ensure the security of your account you have to complete all steps of the subscription cancellation procedure in accordance with the security policy of our company. To start your subscription cancellation, enter the “My Settings" section, click on the “Billing History” tab and follow our site instructions to proceed.
6.9 Cancellation of your subscription will not delete your account on the Website. You are free to delete your account at any time. To ensure the security of your account you have to complete all steps of the subscription cancellation procedure in accordance with the security policy of our company. To start your subscription cancellation, enter the “My Settings" section, click on the “Billing History” tab and follow our site instructions to proceed.
Should you have any questions, contact us by sending an email to : firstname.lastname@example.org
6.10 You acknowledge that the Website, in its sole and absolute discretion, may terminate your account (or any part thereof) or use of the Service for any reason, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. We may also, in our sole and absolute discretion, at any time discontinue providing the Service, or any part thereof, with or without notice.
You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that the Website may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that the Website shall not be liable to you or any third party for any termination of your access to the Service.
7. Your rights and obligations
7.1 You agree to use the Service in a manner consistent with any and all applicable laws, regulations, customs, or community standards in the jurisdiction from which you are accessing the Website.
In order to do so, you agree not to use the Service :
- for any illegal purpose, or for the transmission or posting of any Content that is unlawful, harassing, libelous, abusive, threatening or obscene ;
- to upload any Content that constitutes an infringement/invasion of the rights of privacy or publicity of any individual or entity ;
- to upload any Content that promotes discrimination, terrorism, violence or crime ;
- to broadcast "junk mail," "spam," "chain letters," or unsolicited mass distribution of files or images ;
- to promote yourself as it relates to your participation on any other website, and at no time is it acceptable that you redirect Users of the Website to any other website ;
- to transmit or post messages, images, graphics, or audio/video/audio-video recordings containing any advertisements or solicitation for funds, goods or services.
7.2 You agree that you will not impersonate any other User of the Service by any means (for example, but not limited to, including fraudulent or misleading statements in your profile, or sending communications containing claims or statements intended to misrepresent your identity). You will not, by any means available on the Service, attempt to impersonate or claim that you are in any way associated with or responsible for or to the Website or affiliates of the Website.
7.3 You agree to avoid any communication including, in whole or in part, any personally identifiable information (including, but not limited to, email addresses, instant messenger account information, phone numbers, physical addresses, or real names) on public areas of the Website (including, but not limited to, profiles, comments, chat streams, images, graphics and audio/video/audio-video recordings). Posting material of this kind in a public forum leads to an increased potential for undesired use of your personally identifiable information.
7.4 While we do pre-screen content posted by Users of the Website, we reserve the right to remove or edit any content that, in our sole judgment, is found to violate these Terms.
7.5 You agree not to use the service to post, display, or disseminate any Content that infringes on the copyright of any other individual, entity, or interest. You warrant that for any Content you post, display or disseminate :
- you own the Content posted by you on or through the Service, or that you otherwise have the right to grant the license set forth in this section ;
- you agree to pay for all royalties, fees, and any other moneys owed to any individual or entity by reason of any Content posted by you to or through the Service ;
- you comply with article 5.3 above.
The Website intends to fully comply with the Digital Millennium Copyright Act ("DMCA"), including the notice and "takedown" provisions, and to benefit from the safe harbors immunizing us from liability to the fullest extent provided by law.
In accordance with the DMCA, we have adopted a policy of terminating, in appropriate circumstances and in our sole discretion, Users who are deemed to be repeat copyright infringers. We may also in our sole and absolute discretion limit access to the Website and/or terminate the registration or membership of any User who infringes upon any intellectual property rights of others, whether or not there is any repeat infringement.
Please refer to article 12 below to understand the processes and procedures that we utilize in compliance with the DMCA.
7.6 If you have received communications, or you have detected any material posted to the Website that you believe violates these Terms, please contact us and provide a description of the situation, including message text and the Registered User or Member who sent the information to you.
8. Your liability
8.1 You agree and acknowledge that you are responsible for any Content uploaded from your personnal account.
8.2 You agree to protect, indemnify and fully compensate us, the Website, and our principals, employees and agents, our service providers, billers and affiliates from any and all third party claims, liability, damages, expenses and costs (including but not limited to, reasonable attorneys fees) arising from your use of the Service, your violation of these Terms, your provision of Content to the Service, or your infringement or infringement by any other User of your account, of any intellectual property or other right of anyone.
9. The rights you grant to us
By submitting Content to the Website, you expressly agree that we may display or transmit your Content on the Website and to support the operation of our systems, including but not limited to, providing introductions to other Registered Users or Members, assisting us in the formulation and transmission of communications to you, adding watermarks to profile images, or to support your inclusion in any area of the Website.
9.2 In order to ensure that we are able to provide high-quality services that are responsive to Registered Users' or Members' needs, you agree that our employees have access to your account and records as reasonably needed to investigate account issues.
9.3 You warrant and affirm that you understand and agree that all data in your profile and all other data regarding your use of the Service will be used in and in association with the Services' features, including but not limited to, providing introductions to other Registered user and Members, details for the new or featured members section, and searchable information for use by other Users of the Service.
Additionally, your profile (and its contents) may be searchable by, and you may be able to search for the profiles (and the contents) of, Members registered to other websites operated and powered by us. This feature may allow you to interact with Members of other affiliated websites.
9.4 You hereby agree that you will not bring any action against us, any Website Content Providers, any of the Website's affiliates or any of the aforementioned parties' principals, employees or agents as a direct or indirect consequence of your registration of an email address, mailing address, telephone number or other contact information with any governmental "do not email or contact" registry. You agree to indemnify us, our affiliates and any of the aforementioned parties' principals, employees and agents for any and all expenses and damages that result from any and all breaches of this section and for any actions against us for sending you email that you requested or authorized us, any Website Content Providers or any of the Website's affiliates to send.
9.5 In order to ensure a smooth transition of the Service in the event of a merger, acquisition, reorganization, sale of any portion of its assets or the sale of an individual website owned by us, we may transfer your personally identifiable information to a third party as a part of such merger, acquisition, reorganization or sale.
9.6 You agree to grant us those rights as long as you have Content displayed on the Website. Notwithstanding Content may remain on the Website following any termination of Member’s membership either by the Member of by us.
10. Our rights and obligations
10.1 We assume the responsibility for monitoring the Website or the Service for inappropriate Content. Therefore, we monitor all content uploaded by users and reserve the right to modify or remove any inappropriate Content.
We reserve the right to use your personally identifiable information to identify you in dealings with third party billing providers.
10.4. We reserve the right to change or discontinue, temporarily or permanently, the Service in whole or part at any time without notice. You agree that the Website will not be liable to you or any third party for any modification or discontinuance of the Service.
10.5 We reserve the right, in our sole and absolute discretion, to terminate or suspend your access to the Service at any time with or without notice if you violate these Terms.
Any fraudulent, abusive, obscene, or otherwise illegal activity on the Service, as well as any activity that may affect the enjoyment or use of the Service by other Registered Users or Members, may be grounds for the suspension or termination of all or part of the Service in our sole and absolute discretion. In cases of inappropriate, fraudulent, or illegal use of the Service, you may be referred to appropriate law enforcement services.
11. Our liability
11.1 You hereby agree that we will not be liable for indirect, special or consequential damages or any loss of revenue, profits or data arising in connection with these Terms or the Service, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to these Terms and the Service will not exceed the total fees paid by you under these terms.
Disclaimer of Warranties.
11.2 You expressly understand and agree that your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Website and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The Website makes no warranty that:
- the Service will meet your requirements nor that the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations ;
- the Service will be uninterrupted, timely, secure or error-free ;
- the results that may be obtained from the use of the Service will be accurate or reliable ;
- that your email, profile, images, videos or blog will not be lost ;
- that the Website, Service or Content associated therewith is free of harmful or malicious code. You understand that neither we, our affiliates nor any Website Content Providers represent, guarantee or warrant that either the Website or any Content or any other files you may access or download from the Website, any website linked to Website or any affiliated website will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, protection of your computer(s) and for maintaining a means of reconstructing data that you might lose because of any harmful code you use, download or install; or;
- any errors in the software will be corrected.
11.3 Any material downloaded or otherwise obtained by you through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Website, our third party service providers, or through or from the Service will create any warranty not expressly stated in these Terms.
To the extent that any part of this section is not consistent with any other part of these Terms, then this Disclaimer of Warranties will override it.
Limitation of Liability
11.4 You agree that the Website will not be liable for any harms, including direct, 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 the Website has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the Website or Service ;
- the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the service ;
- unauthorized access to or alteration of your transmissions or data ;
- loss or misuse of data you posted, transmitted through, or otherwise communicated via the Website or the Service ;
- statements or conduct of anyone on the Service ; or
- any other matter relating to the Service.
11.5 You hereby release the Website and its principals, owners, operators, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns from any and all liability and responsibility in connection with the Content and all other information, messages, communication or other materials you may receive from the Website, Website affiliates, Website Content Providers, or other Registered Users or Members of the Service.
11.6 You agree and understand that the Website is not responsible for any incorrect or inaccurate Content posted on the Website or transmitted via the Service, whether caused by Registered Users or Members of the Service, third party providers, third party advertisers, or by any of the equipment or programming associated with or utilized in the Service.
You acknowledge and agree that we do not endorse the Content posted or transmitted via the Service by any third party (including, but not limited to, Registered Users, Members, advertisers, third party providers and Website affiliates) and are not responsible or liable for any Content, even though it may be inaccurate, unlawful, harassing, libelous, invasive of privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another individual or entity.
You acknowledge that we do not pre-screen Content, but that the Website and its assignees will have the right (but not the obligation) in its sole and absolute discretion to refuse, edit, move or remove any Content that is publicly available via the Service. If you encounter any Content that you feel violates any of these Terms, please contact us and provide a description of the situation, including a description of the content and its location.
11.7 Because the Website is not directly involved in any User interactions, in the event that you have a dispute with one or more Users or those who have posted, viewed or used information on the Website, you agree to release the Website, including its principals, owners, operators, employees, agents, subsidiaries and affiliates, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You are expected to use common sense and take appropriate measures and precautions to insure your own personal safety and privacy in the event that you choose to communicate with, or meet with any individual with whom you have communicated through the use of any public areas or chat areas of the Website, if any, or through materials provided by the Website, a Website affiliate or any Website Content Provider.
11.8 You acknowledge and agree that the Website shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means, resulting from advertisements placed or responded to, or messages or communications sent or received by other Users, Website affiliates, Website Content Provider, or through any use, directly or indirectly, of the Website or the Service. You further acknowledge and agree that the Website does not screen any communications between Website affiliates or Website Content Providers and Users, and the Website has no control over such communications and makes no representations or warranties with respect to the character, veracity, age, health or any other attribute of any Website Content Providers, Website affiliate or any other Users of the Website.
11.9 You acknowledge and agree that the failure of the Website, its assignees or its successors, or any the Website Content Providers or Website affiliates and their successors or assigns, to enforce any of the specific provisions of these Terms shall not comprise a waiver of, or preclude or prevent any later, further or other enforcement of such provision(s), or any other provision(s), or waive, preclude, prevent or diminish the exercise of any other rights.
12. Intellectual property
12.1 All website design, text, graphics, the selection, and arrangement thereof, and all software that are part of the Website are protected by international copyright laws. The publication, sale, or redistribution in any form or medium of the Content found on the Website is strictly prohibited without our prior written permission. Content that is publicly available on the Website may not be stored in a computer.
12.2 The material on the Website is for the private enjoyment of Registrered users and Members only. Any other use is strictly prohibited. Registered Users and Members agree that they will not data scrape, copy, aggregate, redistribute, alter, reproduce, or re-use for commercial purposes any Registered user or Members' content (whether specific to any particular user or as an aggregation) accessible through the Website without our express written permission. Registered Users and Members agree that, should they do so, we reserve the right to cancel their registration or membership immediately. Additionally, reuse of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
Illegal and/or unauthorized uses of the Website, including collecting user names, email addresses, or other personally identifiable information of Users by electronic or other means for the purpose of sending unsolicited emails, unauthorized framing of or linking to the Website or any other use not expressly permitted in these Terms is prohibited and will be investigated. We reserve the right to take action in response to any such use of personal or proprietary information, including, without limitation, civil, criminal, or injunctive redress.
We reserve the right to take immediate action against any individual or entity participating in any of the prohibited actions mentionned above.
Infrigement of your copyright materiel
12.3 If you have received communications, or you have detected any material posted to the Website that you violates your copyright, please notify us with the following copyright infringement claims procedure pursuant to section 512 of the U.S. Copyright act, as amended.
Written notification must be submitted to the following Designated Agent:
Service Provider : OneTime SARL
Name of Agent Designated to Receive Notification of Claimed Infringement : Ms THOMAS
Full Address of Designated Agent to Which Notification Should be Sent : 107 avenue Henri Fréville - 35207 Rennes - France
Email Address of Designated Agent : email@example.com
12.4 To be effective, the notification must include the following:
- Your name, physical address, telephone number, facsimile number, e-mail address and name of contact person ;
- Identification of the copyrighted work(s) claimed to have been infringed ;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Service Provider to locate the material ;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or under applicable law ;
- A statement that the information in the notification is accurate, and under penalty or perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12.5 Upon receipt of the written notification containing the information as outlined above, we will have three options :
- to remove or disable access to the material that is alleged to be infringing ;
- to forward the written notification to such alleged infringer; and
- to take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
12.6 The alleged infringer can respond by submitting a written counter notification to the Service Provider's Designated Agent.To be effective, a counter notification from the alleged infringer must include the following:
- The alleged infringer’s name, address, and telephone number ;
- A statement the alleged infringer consents to the jurisdiction of federal district court for the judicial district in which the Service Provider is located and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person ;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled ;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as result of mistake or misidentification of the material to be removed or disabled; and
- A physical or electronic signature of the alleged infringer.
Upon receipt of a counter notification containing the information as outlined above, we will :
- promptly provide the complaining party with a copy of the counter notification ;
- inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) to fourteen (14) business days; and
- replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided Service Provider’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer form engaging in infringing activity relating to the material on Service Provider’s network or system.
Infrigement of any copyright materiel
12.7 If you have received communications, or you have detected any material posted to the Website that you believe violates any Copyright law, please notify us with the following information including inforamtion described in article 6-I-5 of the French law of june 21st 2004:
- date of notification ;
- your identity ;
- our name and adresse ;
- the reasons why the material should be deleted from the Website ;
- link to the page where the material can be consulted ;
- copy of the notification send to the person responsible for uploading the material on the Website or reasons why he/she could not have been contacted.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and the enforceability of any remaining provisions.
14. Applicable law
Any dispute between you and us will be governed by these Terms and the laws of France, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction.
In any dispute, neither you nor any other person shall be entitled to join or consolidate claims by or against other affiliates or persons, or arbitrate any claim as a representative or class action in a private attorney general capacity. You acknowledge that you are giving up your rights to participate in a class action or representative action with respect to any such claim.
15.1 IP address are automatically collected and retained. We remind you that your IP identifies you.
15.2 In case of infringement or violation of the Terms, we reserve the right to take any action against the Registered user or Member responsible for the ingrigment or violation.
15.3 Our rights under these Terms may not be waived unless we agree to such change in writing. These Terms are personal to you and you may assign, transfer or delegate these Terms only with our prior written approval. Any other attempt to assign, transfer or delegate these Terms shall be null and void.