Version of 24.11.2022
Preamble
These General Terms and Conditions of Sale govern:
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Any subscription to a Subscription with a Creator on the Platform;
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Any sale of Media.
They supplement the General Terms and Conditions of Use governing the use of the Platform.
In this context, it is recalled that MYM acts as an online platform operator.
Article 1. Definitions
The terms mentioned below shall have the following meaning in these General Terms and Conditions of Sale. Any missing definition will have the meaning given to it in the General Terms and Conditions of Use:
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"Subscription": means the right to access the Media granted by the Creator to the User in return for the price of the Subscription;
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"Subscriber": means a User who has subscribed to a Subscription with a Creator;
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“Order”: means any Subscription, Private Media, Push Media and/or Ticket order placed by a User with the Creator on the Platform;
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"Account": means the computer interface hosted on the Platform and allowing the User to use the Platform and the Services, while benefiting from a space hosting their data;
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“Commission”: means the percentage of the Creator's earnings paid to MYM in consideration for its Services. The Commission is a percentage of the Price of any Order placed with the Creator;
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“General Terms and Conditions of Sale ” or “GTCS” means the Platform's contractual terms governing the subscription to a Subscription and the sale of Private Media, Push Media and/or Live Access Tickets;
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“General Terms and Conditions of Use” or “GTCU”: means the contractual conditions made available on the home page of the Platform, in order to regulate the use of the Platform by any User;
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“General Terms of Service” or “GTS”: means these General Terms of Service and all their Appendices, which govern the provision of the Services by MYM to the Creators;
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"Content": means any item published by a User on the Platform, whether it is Media published by a Creator, or a message or content of any kind (text, image, video, sound, multimedia) published by a User;
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"Creator": means any natural or legal person registered on the Platform as a creator, sharing the Media through the Platform and having subscribed to the General Terms of Service;
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"Newsfeed" or "Feed": means the User's newsfeed available on the Platform;
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"Bank Charges": means the costs deducted from the sums paid by the User in return for the Payment Services provided to the Creator. Bank Charges are equivalent to a percentage of the amounts processed by the Payment Services. They are therefore calculated on the amounts actually paid, including all taxes, including VAT and any costs;
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“Live”: means the feature that enables the live streaming of a Media via the Platform. Access to a Creator's Live can be free of charge or for a fee;
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"Media": means all photographs, videos, music, audio files, podcasts, lives, information, texts, logos, brands, animations, designs and models, data and, in general, all elements and content created by a Creator and published by the Creator under its full control and sole responsibility on the Platform according to the terms, form and conditions offered to it as part of the Services;
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"Public Media": means any Media published by the Creator on the Platform and accessible to any User free of charge;
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“Non-Public Media”: means any Media communicated on the Profile, in a blurred manner. Non-Public Media may be Viewable Media for a Subscription, Private Media, Push Media or a Live;
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“Private Media” or “Custom Media”: means any Media exchanged by a Creator and a User, through messaging. Private Media cannot appear in the Creator's profile;
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"Push Media": means any Media offered spontaneously by a Creator to one or more Users, through private messaging;
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“MYM” or “the Operator”: means AIR MEDIAS, a French simplified joint-stock company (société par actions simplifiée) with share capital of 507.800,000 Euros, registered with the Lyon Trade and Companies Register under the number 809 565 906, having its registered office at 16 rue Cuvier, 69006, LYON - France. Refers indiscriminately to the Operator or the Platform herein;
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“Parties”: in the plural, refers to MYM and the User together. In the singular, it refers to only one of the two Parties;
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“Platform”: means the online Platform accessible at the following address: https://mym.fans/ or through the corresponding mobile applications. The Platform includes all the web pages, Services and features offered to Users;
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“Tip”: means the amount freely paid by the User to the Creator at its sole discretion, without direct consideration;
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"Payment Service Provider" or "PSP": means the company, holder of a banking authorisation, providing, through the Operator, payment services to Creators in order to allow them to collect payments from Users;
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"Price": means the sum of money or cryptoassets paid by a User to the Creator through the Platform in return for a Subscription, a Media or a Live ticket. Prices may also include Tips;
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"Profile": means the Creator's presentation page, in which is presented both the Creator's activity and the Media and Subscriptions it offers;
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“Services”: means all the Services offered by MYM to the Users through the Platform;
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“Support Website”: means the website hosted at https://support.mym.fans/, published by the Operator in order to provide as much information as possible and to assist any User in their use of the Platform and its Services;
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"Specification" means the characteristics of a Private Media, offered by a Creator or required by a User by making the request. Any Content that is the subject of an Order on the Platform must comply with the Specifications agreed between the User and the Creator;
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"Story": means the Media published by the Creator to illustrate its news, which will automatically disappear after a period of seventy-two (72) hours;
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“SuperStar”: means any Creator meeting the criteria defined on the Support Website (https://support.mym.fans/) and as such benefiting from differential treatment;
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"Ticket ": means the ticket purchased by a User allowing them to attend a paid Live;
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“User”: means any person who accesses and browses the Platform, whether a User, Creator, Ambassador or individual Internet user
Article 2. Purpose
These General Terms and Conditions of Sale govern any Order placed on the Platform.
These GTCS supplement the Platform's GTCU.
In the event of a contradiction between the GTCS and the GTCU, the GTCS shall apply as a priority.
Article 3. Acceptance of the General Terms and Conditions of Sale
In order to be able to conclude these GTCS, the User must:
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be a duly registered legal person acting through a legal representative or a person duly authorised to bind it legally;
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or be a natural person of legal age, capable, who is not under any legal protection measure (guardianship, trusteeship).
The GTCS may be terminated in the event that one of these conditions is no longer met.
The User undertakes to read these General Terms and Conditions of Sale carefully and to accept them expressly, before proceeding with the payment of an Order from a Creator.
These General Terms and Conditions are referenced at the bottom of each page of the Platform and must be consulted before placing the Order. The User is invited to carefully read, download, print and keep a copy of the General Terms and Conditions of Sale.
MYM advises the User to read the General Terms and Conditions of Sale for each new Order, with the latest version of these Terms and Conditions applying to any new Order.
As part of the Order procedure, the User acknowledges having read, understood and accepted the General Terms and Conditions of Sale without limitation or condition. Similarly, it acknowledges that it wishes to have immediate access to the Content and thus expressly waive its right of withdrawal.
Article 4. Media details
The User acknowledges that the Media are broadcast or published on the Platform under the responsibility of the Creator.
The Creator warrants that it has received the consent of any person appearing on the Media to:
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Appear on the Media, which are, in essence, potentially published to a wide audience;
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Communicate and/or market the Media to Users and/or Users;
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Publish the Media on the Platform.
The Creator guarantees that it verifies the age of each person appearing on the Media and in particular that each of them is of age, which the Creator must be able to demonstrate at the first request of MYM.
The Creator does not give any guarantee as to the frequency of publication of Media, their unpublished nature, or as to the number thereof, which the User expressly accepts and acknowledges.
The User acknowledges that it will not be able to access paid Non-Public, Private and Push Media until it has signed up for a Subscription and purchased them.
Article 5. Signing up for a Subscription
To sign up for a Subscription, the User must have legal capacity.
To subscribe to a Subscription, the User must be registered on the Platform and log in to their Account.
5.1. Essential features of the Subscription
The Creator’s Profile will present the essential features of the Subscription it offers, as well as the information required under applicable law and to verify its accuracy.
These characteristics are included in the Creator's Public Profile and include:
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A description of the Creator;
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The rights conferred by the Subscription;
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The frequency of renewal of the Subscription (monthly, half-yearly);
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The price of the Subscription.
The User undertakes to read this information carefully before signing up to a Subscription on the Platform.
The User is informed that the Subscription includes, in particular:
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The right to consult Non-Public Media;
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The right to request Private Media from the Creator;
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The right to purchase Push Media;
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The right to receive an Invitation to Lives;
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The right to purchase a Ticket to attend Lives;
Each Subscription is valid only for the Creator from which the User has taken out this Subscription.
It is specified that a Subscription taken out with a Creator does not give the User any right as to the quantity and quality, which are necessarily subjective, of the Media published by the Creator.
In any event, it is the responsibility of each User to carry out research on each Creator, relating in particular to their activity on the Website, before signing up for Subscription.
4.2. Procedure for signing up for the Subscription
4.2.1. Signing up for the Subscription
Signing up for the Subscription is carried out through the Platform.
To sign up for a Subscription, the User is invited to follow the steps below.
The User may subscribe to a Subscription with the Creator on the Platform by clicking on the “Subscribe” button available on the Creator's Profile.
It is then sent to a page describing the essential features of the Subscription (rights conferred, price, duration, etc.).
The User will be invited to:
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Choose the desired Subscription offer;
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Select the Subscription to which it wishes to subscribe;
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If applicable, enter its Promo Code;
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Choose the means of payment;
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Accept these GTCS.
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Pay the price of the Subscription by following the instructions on the Platform.
4.2.2. Acknowledgement of receipt
Once all the steps described above are completed, a page appears on the Platform to acknowledge receipt of the User's Order.
A copy of the acknowledgement of receipt of the Order is automatically sent to the User by email, provided that the email address submitted through the registration form is correct.
4.2.3. Price of the Subscription
The User acknowledges that the price of the Subscription is due at the time of signing up for the Subscription, as well as at each renewal of said Subscription.
4.2.4. Duration of the Subscription
Subscription to the Creator's account can be offered by means of two alternative offers:
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a “monthly” offer corresponding to a Subscription for an indefinite period, giving rise to automatic monthly payments;
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an “X months” offer corresponding to a Subscription for a fixed period, giving rise to a single payment.
By default, the Subscription is offered via the monthly offer and for an unlimited period. The User is therefore charged monthly, on the anniversary date.
If the Subscription is taken out for an indefinite period, it may then be terminated at any time, before the end of the current month, it being understood that any month of subscription started will be due in full. No refund on a pro rata temporis basis may be requested.
In the event that the Subscriber has opted for the "X Months" Offer corresponding to a fixed term, the price requested is fixed and paid in advance. Thus, any early termination of a fixed term Subscription may not give rise to any refund whatsoever.
Any Subscription for a fixed term is, on its expiry, automatically renewed in the form of a Subscription for an indefinite period, giving rise to an automatic monthly payment, on the anniversary date. The price applied will then be that provided for the "X months" Offer.
4.2.5. Termination of the Subscription
The User may at any time terminate their Subscription for an indefinite period, for any reason, and in particular in the event of absence of activity on the part of a Creator.
To do so, the User must go to their Account, in the tab dedicated to Subscriptions and choose the one they want to terminate at the end of the current month.
In the event that the User cancels their Subscription after the possible renewal date, the Subscription will end at the end of the commitment period and/or on the date of the next renewal and the User may continue to benefit from the advantages conferred by the Subscription until this date.
Article 5. Request for Private Media
To request Private Media, the User must:
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Be registered on the Platform;
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Be subscribed to the Creator concerned by the request.
5.1. Private Media request procedure
5.1.1. Private Media request
The User will have the possibility to request Private Media from the Creator with which they have subscribed via the Platform.
The User acknowledges that Private Media is not necessarily Media exclusively intended for the User but Media which corresponds to the User's request and which is not accessible free of charge on any other medium or platform.
The Creator may therefore reuse any Private Media communicated to the User, provided, however, that it is not made available free of charge, on any medium, for a minimum period of two years from its publication on MYM.
To request Private Media, the User must:
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Use Platform Messaging;
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Communicate to the Creator the Specifications of the Private Media that it wishes to request, namely in particular the format (photo, video, etc.) or any other aspect of the Media (content, object, aesthetics, etc.).
The Creator may also, on its own initiative, offer the User the possibility of viewing Media by means of Messaging, as Push Media.
In this case, the Creator undertakes to provide the User with the essential characteristics of the Private Media regarding in particular its format (photo, video) and its content (content, duration, etc.). The Creator also undertakes to provide it with the mandatory information under the applicable law and to verify its accuracy.
The User is informed that it may, at its sole discretion and under its sole responsibility, accept or reject the Creator's proposal.
5.1.3. General stipulations
The User is informed that the Creator:
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Has no obligation to respond to its request;
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May refuse all or part of its request at its sole discretion.
The User will be notified of the Creator's response by email to the email address provided at the time of registration and on the Platform by means of a notification.
In the event that the Creator responds positively to the User's request, it will propose a price to the User under its sole responsibility and full control.
In the event that the User accepts the Creator's proposal, they will be invited to proceed with the payment of the agreed price.
5.2. Provision of Private Media or Viewing of Private Media
The Creator will have seventy-two (72) hours from the date of payment to make the Private Media available to the User by means of Messaging, in accordance with the User's Specifications .
5.3. Private Media refunds
The User may request a refund of the Private Media:
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In the event of failure to communicate the Private Media by the Creator within the time limit set. In this case, the User must send a refund request within fourteen (14) days of the maximum expected delivery date;
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In the event of non-compliance of the Media with the Specifications agreed between the Creator and the User. In this case, the User must send a refund request within fourteen (14) days of the date of delivery of the Media.
Non-compliance relating to the following may constitute non-compliance of the Private Media with the User's Specifications:
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The format of the Media;
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Its contents.
In the event of the User formulating a dispute relating to an alleged inadequacy of the Private Media with its Specifications, it must indicate the lack of compliance precisely.
MYM will be the sole arbiter of the Private Media's compliance with the Specifications, with its decision being binding on the Creator and the User.
After prior exchanges between the Creator and the User concerned, the refund request may be made directly to MYM by email to
support@mym.fans.
If the request is considered well-founded, MYM may proceed, on behalf of the Creator, to refund all sums paid by the User for Private Media.
Article 6. Purchasing Push Media
The Creator may offer Users the possibility of purchasing Push Media.
To purchase Push Media on the Platform, the User must:
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Be registered on the platform;
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Log in to their Account;
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If the Push Media is paid, have signed up for a Subscription with the relevant Creator;
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Pay the price corresponding to the Push Media.
The purchase of Push Media allows unique access to this Media, without any other form of subscription to other content.
It is specified that the Push Media appears blurred until it is purchased by the User. Thus, the User expressly acknowledges that they will only be able to access the Push Media after having purchased it.
Article 7. Purchasing Tickets
7.1. Ordering a Ticket
To participate in a paid Live, the User must purchase a Ticket.
To purchase Push Media on the Platform, the User must:
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Be registered on the platform;
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Log in to their Account;
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Have signed up for a Subscription with the relevant Creator or have received an invitation from the relevant Creator;
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Pay the price of the Ticket.
A Ticket may only be refunded in the following cases:
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The Live is finally cancelled or cannot take place;
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The Live event lasts less than five (5) minutes.
Any purchase of a Ticket gives the right to be able to watch the replay of the Live, at any time.
Article 8. Tips
Any User may pay Tips to the Creator.
It is understood that the payment of Tip is made without consideration and constitutes a simple gift for the benefit of the Creator to support its work.
Article 9. Acknowledgement or receipt of Orders
Once the User has proceeded with their Order, a page appears on the Platform to acknowledge receipt of the User's Order.
A copy of the acknowledgement of receipt of the Order is automatically sent to the User by email, provided that the email address submitted through the registration form is correct.
Article 10. Payment and Invoicing of Orders
10.1 Payment of Orders
10.1.1. Price
The User will find on the Platform's payment page the prices displayed in euros, with all taxes included.
The prices with all taxes included include, in particular, where applicable, Value Added Tax (VAT) at the rate in force on the date of the Order, as well as the Bank Charges borne by the Creator. Any change in the applicable rate may impact the price of the Subscription from the effective date of the new rate.
The applicable VAT rate is expressed as a percentage of the price offered by the Creator.
The prices indicated are valid, unless there is a gross error. The applicable price is the price stated on the Platform's payment page on the date on which the price is paid by the User.
10.1.2. Means of payment
All payments, whether in cash or cryptocurrencies, are managed through Payment Service Providers legally authorised to provide payment services to Users.
The User can thus pay for Orders online on the Platform using the means proposed by the Platform, that is to say by:
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Debit/Credit Card (Visa, CB, Mastercard);
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Paypal, for certain Creators;
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Cryptocurrency.
Where applicable, the User undertakes to accept and comply with the terms and conditions of the PSPs, applicable to the use of their services.
The User warrants to the Creator that they hold all the required permissions to use the chosen means of payment.
The User will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the Website.
As such, it is specified that all payment information provided on the Platform is transmitted to the Payment Service Provider and is not processed by the Operator.
10.1.3. Payment date
Subject to the nature of their bank account and the agreements with their bank, the User's account will be debited as soon as the Order is placed on the Website. In the event of a Subscription, the User's bank account will also be debited at each renewal of the Subscription.
10.1.4. Refusal of payment
If the bank refuses to debit a card or other means of payment, the User must contact the Platform's Customer Service in order to pay for the Order by any other valid means of payment accepted by the Creator.
In the event that, for any reason whatsoever, objection, refusal or other, the transmission of the flow of money owed by the User proves impossible, the Order will be cancelled and the sale or subscription automatically terminated.
Article 11. Right of withdrawal
By accessing the Subscription, Media or Live following any Order made from the Platform, in accordance with Articles L. 221-18 et seq. of the French Consumer Code, the User acknowledges that the Creator has fully performed its obligations, that it wishes to have immediate access to the content and that it waives the benefit of the fourteen (14) day withdrawal period resulting from the aforementioned provisions of the French Consumer Code.
Indeed, no Order (neither the Subscription, nor the Media, nor the Lives) may in principle give rise to a right of withdrawal, in accordance with Article L221-28 of the Consumer Code which provides that "The right of withdrawal may not be exercised for contracts:
3° For the supply of goods made to the consumer’s specifications or clearly personalised;
13° For the supply of digital content which is not supplied on a physical medium if the performance has begun after the consumer’s prior express consent and their prior express agreement and waiver of their right of withdrawal”.
Article 12. Intellectual Property
In accordance with the General Terms and Conditions of Use (GTCU), the Media published by the Creator are its exclusive property, which the User expressly accepts and acknowledges.
By signing up for the Subscription or purchasing the right to access a Media, the User is simply granted the right to view said Media. Subject to the exceptions provided for by the French Intellectual Property Code, the User is therefore not assigned any intellectual property right other than the right of viewing, which expressly excludes any right of representation, reproduction, marketing or adaptation.
Any representation or reproduction, total or partial, of the Media, outside the private and family circle by any process whatsoever, without the prior authorisation of the Creator, is prohibited and will constitute an infringement sanctioned by the provisions of the French Intellectual Property Code, in accordance with the General Terms and Conditions of Use.
With respect to Private Media, the Creator grants the User who has placed the Order a personal license to view, reproduce and represent in a private and/or family circle only. This license is granted for the entire world and for the entire duration of the intellectual property rights.
Therefore, the User undertakes to:
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Use the Media published by the Creator only for its personal needs for the purposes of consulting the Media on the Platform, to the exclusion of any use of the Media for commercial or professional purposes;
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Not publish, broadcast or communicate all or part of the Media published by a Creator to third parties, by any means whatsoever, in any medium whatsoever, in particular on social networks, whether free of charge or for a fee;
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Not modify, adapt or damage the integrity of all or part of the Media published by a Creator in any way.
Any downloading, sharing, making available, reproduction, or any other form of reproduction, use or dissemination excluding consultation on the Platform infringes the rights of the Creator, MYM and engages the liability of the User.
In the event of a serious suspicion of a breach of these obligations, MYM may proceed with the deletion of the User's Account at its exclusive fault, without any refund for the sums paid by the User being payable by the latter.
In the event of a proven breach of these commitments which form part of the essential commitments of the Parties, the User undertakes to pay a sum equal to 500 euros including tax or 10 times the amount paid by the latter in respect of the Subscription or the Media concerned by the infringement, with the largest amount then being retained. The amount of this penalty will then be returned to the Creator.
The payment of this penalty is non-discharging and does not exclude the questioning of the liability of the User for the violation of the rights of the Creator, who will in any event retain the right to claim compensation for its entire damage arising therefrom.
Finally, the User is informed that MYM is mandated by the Creator to request the deletion of any Media that may be republished in whole or in part by the User on the Platform or on any other platform, social network or medium of any nature whatsoever.
Article 13. Warranties and liability
The Media are published by the Creator under its responsibility.
Users benefit from legal warranties as defined by Articles L.224-25-12 et seq. of the French Consumer Code, provided that the Creator is a professional.
The content and conditions of implementation of the legal warranty of conformity are specified in the Appendix hereto.
The Creator declares that it holds all intellectual property rights to the Content sold via these GTCS.
The Creator declares that said Content does not in any way infringe the rights of third parties, in particular that it does not constitute an infringement or an act of unfair or parasitic competition of a pre-existing work and that it does not in any way infringe the image or intellectual property rights of third parties.
In the event of a dispute or complaint related to an Order, the User is invited to consult the GTCU for the procedure to be followed and, if necessary, to contact the Operator at support@mym.fans.
If the Creator's Account to which the Subscriber has subscribed is terminated or closed for any reason, then the Subscriber may request a refund of his or her Subscription on a pro rata basis.
Article 14. Validity of the General Terms and Conditions
Any modification of the laws or regulations in force, or any decision of a competent court invalidating one or more clauses of these GTCS shall not affect the validity of these GTCS. Any such modification or decision does not authorise the Customers to disregard these GTCS.
Article 15. Modification of the General Terms and Conditions
These General Terms and Conditions of Sale apply to all Orders placed online on the Platform, as long as the Platform is available online.
The General Terms and Conditions are precisely dated and may be modified and updated by MYM at any time. The applicable General Terms and Conditions are those in force at the time of the Order. Changes to the General Terms and Conditions will not apply to Orders already placed.
Article 17. Applicable Law and Jurisdiction
THESE GENERAL TERMS AND CONDITIONS, AS WELL AS THE RELATIONSHIP BETWEEN THE USER AND MYM, ARE GOVERNED BY FRENCH LAW.
IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS WILL HAVE JURISDICTION.
However, prior to any recourse to an arbitral or state judge, the User is invited to comply with the dispute management procedure specified in the GTCU.
If no agreement is reached or the User justifies having previously attempted to resolve the dispute directly with the Creator by a written complaint, then an optional mediation procedure, conducted in a spirit of fairness and good faith in order to reach an amicable settlement upon the occurrence of any conflict relating to these GTCS, including its validity, will be offered.
To initiate this mediation, the User may contact MYM.
The Party wishing to implement the mediation process must first inform the other Party by registered letter with acknowledgement of receipt, indicating the elements of the conflict.
The Parties undertake to make their best efforts to resolve the disputes between them amicably and in good faith.
As mediation is not mandatory, the User or the Creator may withdraw from the process at any time.
IN THE EVENT THAT MEDIATION FAILS OR IS NOT CONTEMPLATED, THE DISPUTE THAT MAY HAVE GIVEN RISE TO MEDIATION SHALL BE REFERRED TO THE COMPETENT COURT DESIGNATED ABOVE.
Appendix 1 - Legal Warranty of Conformity
The User benefits from legal warranties as defined by Articles
L.224-25-12 et seq. of the French Consumer Code and detailed below.
the User is informed of the application of Article
L.224-25-12 of the French Consumer Code which provides for the delivery of goods in accordance with the contract as well as the criteria set out in Article L. 224-14. The User may report any lack of conformity existing at the time of the provision of the Content within the meaning of Article L.225-25-10 of the French Consumer Code, which appear during the period of provision of the Content as provided for in the General Terms and Conditions of Use.
This warranty also applies to non-conformities resulting from the incorrect integration of the Content into the User's digital environment:
- when it has been carried out by the Creator or under its responsibility; or
- when it has been carried out by the User, provided that it results from shortcomings in the Creator's instructions.
In this respect, pursuant to Articles L.224-25-13 and L.224-25-14 of the French Consumer Code, the Content is compliant if:
1° It corresponds to its description, type, quantity and quality, [...] with regard to any characteristic provided for in the Contract (Article 5) or that the User can legitimately expect for Content of the same type, in view of the nature of such Content, as well as to public representations made by the Creator or any person upstream in the chain of transactions, including in advertising or on the labelling;
2° It is suitable for any special use sought by the User, brought to the attention of the Creator at the latest at the time of conclusion of the Contract and which the latter has accepted;
3° It is delivered with all accessories […] that must be provided in accordance with the Contract or that the User can legitimately expect;
4° It is updated according to the Contract and what the User can legitimately expect;
5° It is suitable for the usual intended use of Content of the same type […];
6° It has the qualities that the Creator presented to the User in the form of a trial or preview version, before the conclusion of the Contract;
7° It is provided according to the most recent version available at the time of conclusion of the Contract, unless otherwise agreed by the Parties;
8° It is provided without interruption throughout this period.
However, the Creator or, where applicable, MYM, is not bound by any public representations referred to in 1° above if it demonstrates that: (a) it did not know them and was not legitimately able to know them; (b) at the time of the conclusion of the Contract, the public representations had been corrected in conditions comparable to the initial representations; or (c) the public representations could not have had an influence on the purchase decision.
The User may not challenge compliance by invoking a defect concerning one or more particular characteristics of the Content, of which they have been specifically informed that such characteristics deviate from the compliance criteria, to which deviation they expressly and separately consented at the time of the conclusion of the Contract. As such, the Content may experience interruptions during the period of provision of the Content in accordance with the General Terms and Conditions of Use.
Throughout the contractual duration of the provision of the Content, proof of the compliance of the Content is the responsibility of the Creator or, as the case may be, MYM.
The Creator or MYM is not responsible for any non-compliance directly attributable to the incompatibility between the Content and the User’s digital environment and that the User had been previously informed by the Creator or by MYM of the technical compatibility requirements. The User must therefore cooperate with the Creator or MYM, to the extent reasonably possible, in order to establish whether or not the non-compliance is caused by the incompatibility in question. In the absence of cooperation, the User shall bear the burden of demonstrating the non-compliance of the Content.
In the event of non-compliance, the User has the right to have the Content brought into compliance or, failing that, to a price reduction or resolution of the price in accordance with Articles L. 224-25-17 et seq. of the French Consumer Code. Moreover, the User has the right to withhold payment until the Creator (or MYM) complies with its warranty obligations under the terms of Articles 1219 and 1220 of the French Civil Code.
Compliance remediation work takes place free of charge, without undue delay according to the Customer's request and without major inconvenience to the Customer, taking into account the nature and the intended use of the Content. It is not liable to pay for the use of the Content during the contractual period during which the Content was non-compliant.
The Creator or MYM may refuse the compliance remediation work if it is impossible or entails disproportionate costs in particular with regard to:
- the value that the Content would have had there been no non-compliance;
- the extent of the non-compliance.
This refusal shall be subject of a reasoned decision in writing or on any durable medium addressed to the User. When these conditions are not met, the User may, after formal notice, continue the forced execution in kind of the compliance remediation work.
The User has the right to a price reduction or to the termination of the Contract (unless the non-compliance is minor) in the cases and in the manner provided for in Article L.224-25-20 of the French Consumer Code, that is to say, in particular, in the event of refusal of compliance remediation work or failure by the Creator to comply, in accordance with the aforementioned article.
The User is not required to request prior compliance remediation work when the non-compliance is so serious that it justifies the immediate reduction of the price or termination of the Contract.
The User shall inform the Creator or MYM of their decision to obtain a price reduction or the termination of the Contract.
The price reduction shall be proportional to the difference between the value of the Content provided and the value of the Content free from defects.
MYM shall refund the User and return any other benefit received under the Contract as soon as possible and no later than fourteen (14) days after notification of the decision to terminate the Contract or to obtain the price reduction. Unless expressly agreed by the Customer and at no additional cost, the refund will be made using the same means of payment as that used for the purchase.
In the event of termination of the Contract, the User shall refrain from using the Content or making it accessible to third parties.
The Creator shall return to the User, free of charge and within a reasonable time, in a commonly used and machine-readable format, any content provided or created by the User during their use of the Content (other than personal data), unless such content:
1° is of no use outside the context of use of the Content;
2° relates only to the Customer's activity when using the Content; or
3° has been aggregated by the Creator with other data and cannot be disaggregated or can only be disaggregated with disproportionate effort.
The Creator undertakes to use the content provided or created by the User
(other than personal data) only if it has been generated jointly with other customers and if other customers can continue to use it. The provisions of this Article shall be without prejudice to the award of damages.