GENERAL TERMS AND CONDITIONS OF USE OF THE MOBILE APPLICATION AND THE BRUT. WEBSITE.
Version in force on 1 December 2022
The purpose of these general conditions of use (hereinafter, the "General Conditions") is to describe the conditions of use of the Brut service. (hereinafter the "Brut Service") accessible on the one hand, via a website accessible at the URL www.Brut.media (hereinafter the "Site") and on the other hand, in the form of a mobile application "Brut" (hereinafter the "Application") accessible and downloadable on mobile and tablet devices.
The Brut Service, both in the form of the Site and the Application, is published by the company Brut, a simplified joint stock company registered in the Paris Trade and Companies Register under number 829 162 395, whose registered office is at 17 rue de l'Arrivée, Paris (75015) and whose intra-community VAT identification number is FR88829162395 and whose contact email is [email protected].
The director of the publication of Service Brut. is Guillaume Lacroix.
The Gross Service website is hosted by Google Ireland Limited, whose registered office is at Gordon House, Barrow Street, Dublin 4, Ireland.
The present GTC are without prejudice to the legal provisions applicable in this matter and in particular those provided for in the Consumer Code.
In this document, "User" means any person using the Site, the Application and/or the Brut Service. "User Account" refers to the space accessible from the Site and the Application, which any User must create in order to use all the features of the Brut Service.
"Brut Content" means all texts, comments, graphics, documents, data, information, publications, software, photos, images, sounds, music, audios, videos, trademarks, logos, works of any kind or other, displayed, generated, provided or made available by Brut within the Service, through the Application or the Site.
"Creator Content" means all text, comments, graphics, documents, data, information, publications, software, photos, images, sounds, music, audios, videos, trademarks, logos, works of any kind or otherwise, posted, generated, provided or made available by Creators through the Application or the Site and validated by Brut. "User Content" means all texts, comments, graphics, documents, data, information, publications, software, photos, images, sounds, music, audios, videos, trademarks, logos, works of any kind or other, displayed, generated, provided or made available by Users through the Application or the Site for which Users are solely responsible.
(Brut. Content, Creator Content and User Content are hereinafter together referred to as "Content").
"User Information" means any material that the User publishes, uploads, shares, stores, provides through the Application or the Site.
"Live" means a video session broadcast live on the Application."Creator" means a person authorized by Brut. to create Lives and/or make available Creative Content on the Application.
"Participant" means a person invited by Creators to participate in Lives.
1. DESCRIPTION OF THE GROSS SERVICE
a) Contents and functionalities of the Brut. Service common to the Site and the Application :
The Brut. Service allows, via the Site as well as via the Application, to offer Content adapted to the User's preferences and profile.
b) Content and features specific to the Service accessible via the Application:
The Application of the Service allows the sharing of Content of the Service, outside the Application.
The Application also allows access to Content via the feed of the Application, to a Discover screen presenting the various Content available and to a search function.
In addition, the User may be offered via the Application to be connected directly with personalities, talents and/or influencers who identify with the values advocated by Brut, having the quality of Creator, as defined below, in order to generate news and Content, in a free and transparent manner.
The Application of the Service thus allows any User to access services, functionalities and Content available free of charge or on a paid subscription basis, as the case may be.
Depending on their status under the General Terms and Conditions, Users may thus create, attend, participate in and comment on Lives on the Application and hosted by Creators and under their control.
c) Content and features specific to paying subscribers to the Service:
Brut will make the following benefits available to Users with a paid monthly or annual subscription to the Service:
Premium paid content;
Other benefits such as: access to a newsletter, access to exclusive previews and events, etc.
It is understood that the above list of benefits is for information purposes only and that Brut reserves the right to modify this list at any time.
2. ACCESS TO THE SERVICE
All costs incurred by the User to access the Service (computer hardware, software, Internet connection, mobile phone package, etc.) are at the User's expense.
Brut. does not guarantee the continuity or performance of the Service either within the Application or the Site, nor that the Application and the Site are free of bugs or other malfunctions, a programming error or technical incident always being possible.
Each User is responsible for his computer hardware, data and software as well as for the network connection allowing him to access the Service, via the Site or the Application.
a) ACCESS TO THE SERVICE VIA THE SITE
The Content is freely accessible and is available by logging on to the Site at www.Brut.media.
b) ACCESS TO THE SERVICE VIA THE APPLICATION
The Application is a computer program designed in the form of an iOS or Android application that can be downloaded free of charge from the App Store or Google Play, as the case may be, for strictly personal, private and non collective use.
Access to the Application may be made in three different ways:
Access by a User by simply downloading the Application and without creating an account: the User who wishes to use the Application must first download the Application in order to be able to consult certain types of Content (short videos and posts) and to have a preview of the upcoming Lives and consult the profiles of the Creators present on the Application.
Access by a User by creating a User Account: The User must then create a User Account by filling in the form provided for this purpose if he/she wishes to have access to the Content limited to free documentaries and to attend, participate in and comment on the Lives via the Application.
Access by a User by subscription to the Service: the User will also have to enter his/her payment details if he/she wishes to have access to unlimited Content as well as to the other advantages of the paid subscription as mentioned above.
An authentication system will be carried out by sending a verification code by SMS or by sending a verification link by email or via Google or Apple connect, depending on the method chosen by the User for registration.
The User certifies that all information provided in order to register for the Application is correct, up-to-date and truthful and is not misleading in any way.
Each User is responsible for the creation, conservation and use of his/her identifiers, which are strictly personal.
Any use of the Application by means of his identifiers is deemed to have been made by the User himself. If a User feels that his identifiers have been usurped by a third party, he must immediately inform Brut. at the following address: [email protected]
The creation of a User Account is offered in French and English. It is done in the following steps:
1) The User must fill in an electronic registration form in which he/she provides the data allowing him/her to be identified
The User may also connect to the Application via Apple Sign-in by clicking on the associated button and following the Apple connection procedure or via Google Sign-in by clicking on the associated button and following the Android connection procedure.
- Violation of the provisions of the law of 29 July 1881 on the freedom of the press and of the Penal Code, in particular article 227-23;
- Presumption of use of the Application under the identity of a third party and/or without an account verification key, via sms or email;
- Infringement of the rights of Brut. or third parties.
Each User may delete his account at any time, provided that no subscription is in progress, by sending a request by email to [email protected].
The use of the Site and the Application is only authorized within the family circle. Any use outside of this framework, and in particular with a view to publicity or animation (via the use of the Contents) in public places or shops, is expressly prohibited.
c) Specific features:
(i) Creation of Lives by a Creator
A Creator may create Lives that are accessible free of charge by all Users or accessible only by certain Users on a subscription or fee basis, as the case may be, for a duration and on a theme defined by the Creator.
When creating a Live, the Creator undertakes to fill in the category, title and any other compulsory information as requested by the Application and indicated by this symbol "(*)" in order to allow the referencing and indexing of the Live within the Application.
The Creator is solely responsible, both to Brut. and to other Users or third parties, for the dissemination of the Content that he/she communicates in the context of a Live.
The Creator alone sets the selling price of paid Lives via his space accessible on the Application.
The price of paid Lives, whether by subscription or on a fee-for-service basis, is identical for all Users.
It is freely set by the Creator according to the levels set out in the price list available on the Application.
When the Creator offers paid Lives, the Creator is contractually bound, with respect to the Users who subscribe to it, to provide the service announced to the latter, in particular the theme of the Live and its content, on the date and at the time set by the Creator and for the minimum duration announced.
The Creator acknowledges and accepts that he/she alone is responsible for the Lives created by him/her under the conditions specified in Article 3 below.
The Creator may not cancel a paid Live.
Any cancellation of a paid Live shall result in the reimbursement of all sums paid by one or more Users for the Live in question and the payment, by the Creator, of the commission due to Brut. in application of these General Terms and Conditions. The commission shall be paid by the Creator upon receipt of the invoice. Brut. may also act by way of compensation and withhold any sum due to the Creator in respect of one or more other Lives.
Similarly, any dispute by one or more Users, within the thirty (30) day period, regarding the content of a paid Live, and in particular the lack of consistency or adequacy of the Live with the theme or content announced by the Creator, may give rise to the application by Brut. of a fixed penalty for the Creator equal to the amount of Brut.'s commission on the sums paid by the Users concerned for the Live in question, for the benefit of Brut., this sum being in the nature of compensation for the resources mobilized by Brut. to proceed with the reimbursement of the sums paid by the Users concerned. This penalty may be deducted from the sums due to the Creator for the Live concerned or for any other Live in respect of the price paid by the other Users, in addition to the sums due to Brut. in application of these General Terms and Conditions.
Insofar as such a dispute, within this timeframe, establishes that the content of the disputed Live clearly constitutes a violation of these General Terms and Conditions, in particular Article 6, Brut. may decide to apply a flat-rate penalty equal to double the aforementioned penalty, and this for all the sums paid by the Users who subscribed to the Live in question, and not only to the Users who have formulated a dispute, with this sum being in the nature of compensation for the resources mobilized by Brut. to proceed with the reimbursement of the sums paid by the Users concerned and for half of the prejudice caused to Brut. in particular for its image prejudice, without prejudice to any damages that may be due to Brut. for the purpose of compensating its entire prejudice.
The penalties referred to above apply without prejudice to Brut's right, in such a situation, to suspend or terminate access to the Application and the Creator's account, in accordance with the conditions listed in Article 15 and Article 16 of the General Terms and Conditions.
Any paid Live constitutes a service concluded directly between the Creator and the Users who have subscribed to it, independently of Brut. which only provides the technical means to enable its realization.
The Creator undertakes to respect the "Brut. Charter".
The Creator guarantees Brut. that he/she is entitled to communicate and/or quote all Content published by him/her within the framework of the Lives and that he/she has all the rights and authorisations necessary for their use under the conditions set out in these Terms and Conditions.
In the event of a breach of the foregoing, Brut. may immediately interrupt access to the Services for the Creator, in accordance with article 15 and article 16 of the General Terms and Conditions.
The Creator also guarantees Brut. against any action, claim or demand whatsoever, on the part of any person invoking non-compliance with the aforementioned provisions and shall indemnify Brut. against all consequences that may result from a breach of this guarantee (in particular all losses, damages, expenses and/or costs including, in particular, court costs and lawyers' fees).
(ii) Participation in Lives by Participants
The Creator may invite up to five (5) Participants to participate in its Live.
In order to participate in the Live, the Participants must request to participate in the Live and/or accept the invitation from the Creator generated by the Application.
The Creator is responsible for the compliance of the obligations listed in these General Terms and Conditions by the Participants (and in particular for the compliance with the Gross Charter, the rights and authorisations required in relation to the Content and information communicated during the Lives, the legality of the Content, etc.).
The Creator, in his capacity as moderator, shall interrupt the participation of any Participant of the Live who does not respect these obligations.
In case of violation of the above, Brut. may immediately interrupt access to the Services of the Creator and/or the Participants concerned, in accordance with Article 15 and Article 16 of the General Terms and Conditions.
(iii). Access to the Lives and participation in the Chat
A chat tool allowing live comments on the Live is made available to Users via the Application. Users undertake to respect the Brut. Charter when using this tool. It is specified that the chat is not moderated by the Creator.
Brut. reserves the right to suspend or terminate access to the Application for any User who does not respect these obligations, in accordance with the conditions listed in article 15 and article 16 of the General Conditions.
3. USER'S RESPONSIBILITY
Each User is responsible for his/her use of the Service.
from the Application in Profile > Settings
If the User does not accept all or part of the General Conditions, he/she renounces access to the Service, whether via the Site or the Application.
Brut. reserves the right to adapt or modify the General Conditions at any time by publishing an updated version of these General Conditions via the Site at the following address: https://www.brut.media/us/terms and the Application.
Brut. will inform Users of this modification at the latest fifteen (15) days before the new version of the General Terms and Conditions comes into force by e-mail to the address given on their User profile.
In the event that the User does not accept these modifications, he/she will be free to unsubscribe from his/her User Account profile as indicated in article 14 below. If the User does not unsubscribe, the new General Terms and Conditions of Use will be applicable at the earliest fifteen (15) days following receipt of the notification of the modification of the GTU.
Any modification of the Terms and Conditions made necessary by a change in the applicable law or regulations, a court decision or the modification of the functionalities of the Site or the Application shall come into force immediately.
The Terms and Conditions applicable to the User are those in force on the day of use of the Site and/or the Application by the User.
The User is invited to keep a copy of the applicable version of the General Conditions for his archives.
To access the paid services offered on the Application, the User acknowledges that he/she is of legal age and has the full capacity to commit to the conditions set out in these General Conditions.
4. LICENCE OF USE
Brut. grants Users, for the duration of the Service, a non-exclusive, non-transferable, strictly personal license to use the Service, for the sole purpose and under the sole conditions set out in these General Conditions.
Apart from the rights granted in these General Terms and Conditions and without prejudice thereto, Users are not authorized under these Terms and Conditions to:
- copy, print or transfer all or part of the Service or its content sell, distribute, rent or sub-license in any way all or part of the Service or its content
- modify the Service, or any of its content;
- reproduce or merge all or part of the Service or its content into other computer programs;
- compile, decompile, disassemble, translate or analyze the Service or its content, except as permitted by French law;
- decompile or reverse engineer the Service or otherwise attempt to obtain source code for the Service or the products of Brut's third party service providers;
- use the Service or its content for any purpose other than its original purpose.
Brut. RESERVES THE RIGHT TO SUSPEND OR TERMINATE ACCESS TO THE SITE AND/OR THE APPLICATION OF THE SERVICE FOR ANY USER WHO FAILS TO COMPLY WITH THESE OBLIGATIONS, IN ACCORDANCE WITH THE CONDITIONS LISTED IN ARTICLE 15 AND ARTICLE 16 OF THE GENERAL CONDITIONS.
5. OBLIGATIONS OF USERS
The User acknowledges and agrees that the Service's Site or Application may cease to support a particular computer or mobile device operating system at any time and that, if so, the User will need to download a compatible computer or mobile device operating system in order to continue to use the Service via the Site or Application.
The User also acknowledges and accepts that use of the Service via the Site or the Application is dependent on the proper functioning of the User's computer hardware, data and software, and on the User's network connection to the Site and the Application.
The User is prohibited from using the Site and/or the Application of the Service in a manner contrary to the regulations in force, and more generally is prohibited from damaging the interests, reputation or image of Brut.
Users are also prohibited from fraudulently accessing or remaining on the Site and/or the Application, or from hindering or altering its operation, in particular by introducing viruses, hound horses, worms, logic bombs or any other malicious program and/or program likely to cause damage to the Site and/or the Application or to damage Brut's data. In the event of a breach of this provision, Brut. reserves the right to notify law enforcement authorities, disclose the identity of the User and block access to the Site and/or the Application.
Furthermore, Brut. reserves the right to refuse access to the Site and/or the Application to any User that Brut. considers suspicious (for example, who could come from a computer program, in particular a bot) or with whom there is a dispute, even if the User uses a new account.
In the event of non-compliance with these obligations, Brut. reserves the right, at its sole discretion, to temporarily or permanently suspend access by the User concerned to the Application and the Services in accordance with Article 15 and Article 16 of the General Terms and Conditions.
6. PUBLICATION OF USER CONTENT ON THE SERVICE APPLICATION
Each User is solely responsible for the User Content that he/she publishes. Each User undertakes not to publish any User Content on the Service Application that is contrary to good morals or of a nature to infringe the rights of third parties and/or Brut, and to refrain from making statements of a defamatory, harassing or threatening nature and/or from using offensive statements in racial or ethnic terms or from using statements of a nature to incite racial hatred, paedophilia or other forms of discrimination, ethnic terms, or to make use of statements that incite racial hatred, paedophilia, pornography, calls to murder, defamation, insult, or that infringe the rights of third parties, in particular intellectual property rights and the right to privacy; and, in general, all Users undertake to respect the Brut. Charter.
Brut. will not tolerate any objectionable content or abusive behaviour and reserves the right to immediately suspend access to the Service via the Application and, if necessary, to terminate it for misconduct committed by the User in application of article 15 and article 16. Brut. also allows any User to immediately denounce any reprehensible behaviour. Any Creator may, at its discretion, decide to permanently block any User from participating and/or viewing its Lives.
Brut. acts as a content host within the meaning of Law n°2004-575 of 21 June 2004 for confidence in the digital economy with regard to (i) links to third party sites accessible via the Application and (ii) comments published by Users on the Application or the Site. Brut.'s liability with regard to these links and comments and User Content can therefore only be incurred if, having become aware of illicit User Content, Brut. did not promptly remove it. Subject to this reservation, Brut. declines all responsibility for User Content distributed via the Application.
All User Content shared via the Application is licensed to Brut. under the following conditions: all Users grant Brut. a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, broadcast and translate the User Content for the purposes of providing the Service accessible via the Application and for publishing and/or sharing the User Content on the Application and on any third-party or Brut.
The User declares and guarantees Brut. against any action, claim, demand, eviction of any kind, on its part or on the part of any person invoking an intellectual property right to which the User Content disseminated by him/her by means of the Application infringes or has infringed, or any other basis (act of unfair and/or parasitic competition, defamation, etc. The User will indemnify Brut. for all the consequences that may result from a breach of this guarantee (in particular any direct or indirect prejudice, in particular any loss of image, as well as any damages, expenses and/or costs including, in particular, legal costs and lawyers' fees that Brut. may be required to pay as a result of this breach).
NON-COMPLIANCE WITH THE ABOVE COMMITMENTS MAY RESULT IN IMMEDIATE SUSPENSION OF ACCESS TO THE SERVICE VIA THE APPLICATION AND, IF APPLICABLE, IN TERMINATION OF SUCH ACCESS BY Brut. TO THE DETRIMENT OF THE USER IN ACCORDANCE WITH ARTICLE 15 AND ARTICLE 16.
7. AVAILABILITY OF THE SERVICE VIA THE SITE AND THE APPLICATION
Users are informed of the technical hazards inherent in telecommunication networks and the Internet, and of the interruptions in access that may result from this or from its own service providers or third-party service providers. Brut. is therefore not in a position to guarantee the continuity of the Site and the Application, carried out remotely, via the Internet or any telecommunication network, which the User acknowledges.
Brut. shall therefore not be held responsible for any unavailability or slowdown of the Service linked in particular to slowdowns or malfunctions of communication networks or third party service providers.
The User acknowledges that he/she has been informed that the unavailability of the Service may be the result of (a) a maintenance operation, (b) an urgent operation relating to security, (c) a case of force majeure, (d) the malfunctioning of computer applications published by third party partners of Brut, or (e) a suspension of the Service in the event of a serious breach by the User. Brut. undertakes to restore the availability of the Service as soon as possible once the problem causing the unavailability has been resolved. It is specified that at the end of the period of unavailability, Brut. will make accessible to the User his space as it existed on the last date of backup before the date of the beginning of the unavailability of the Service.
In these cases, the User may not claim any compensation or hold Brut. liable for any reason whatsoever.
Brut. will do its best to ensure that the Site and the Application are secure, but the User acknowledges and accepts that since the use of the Service requires an internet and/or mobile network connection, Brut. cannot guarantee that the Service via the Site or the Application will be free of bugs or viruses and it is the User's responsibility to take all necessary measures to protect his computer system against any contamination by potential viruses and against any attempt at intrusion by third parties.
8.1. Price of access to the Content for subscribers to the Service via the Site or the Application:
To access the Content, the User may take out (i) a monthly or (ii) an annual subscription, in accordance with the pricing conditions applicable on the day of the order and available for consultation on the Application.
Any Subscription takes effect as of the confirmation of the order for an indefinite period that may be terminated at any time subject to compliance with the conditions set out in Article 14 of the General Conditions.
Unless otherwise indicated, the sale prices of paid Lives are in euros and include the amount of value added tax (VAT).
Payment for the subscription is made on the Application at the time of ordering, via a secure payment platform. The payment methods that can be used are indicated on the Application during the ordering process.
For payment on the Site via internet access, the User must enter his/her bank card number, its expiry date and the security code on the back of the card. The Application will ask the User if he/she wishes to keep this information for future purchases via the Application. The User may refuse to keep this information and, if he agrees, may delete it at any time in his space on the Application.
For a payment on the Application installed on a mobile phone or tablet, the User will have to use his Apple account or his Android mobile account for the payment, according to the terms and conditions of the operators concerned.
In the case of a monthly subscription with a monthly payment, the User shall enter his/her bank details and authorize a monthly direct debit at the beginning of the month via Brut's payment provider. The deletion of a User Account is only possible when no subscription is valid on the User Account.
The User does not have a right of withdrawal regarding the subscription if its execution begins, with the User's agreement, before the expiry of the fourteen (14) day cooling-off period.
8.2. Prices of pay-per-view Lives accessible via the Application :
Some Lives are accessible free of charge on the Application and other Lives may be accessible for a fee.
To access paid Lives, the User may take out (i) a monthly subscription or (ii) purchase the Live to which he/she wishes to have access on a per-live basis, in accordance with the pricing conditions applicable on the day of the order and which can be consulted on the Application.
Any Subscription takes effect from the date of the order confirmation for an indefinite period which may be terminated at any time subject to compliance with the conditions set out in Article 14 of the General Conditions.
Unless otherwise indicated, the sale prices of Pay-per-view Lives are in euros and include the amount of value added tax (VAT).
Payment of the fee-for-service Live price is made on the Application at the time of ordering, via a secure payment platform. The payment methods that can be used are indicated on the Application during the ordering process.
For payment on the Site via Internet access, the User must enter his/her bank card number, its expiry date and the security code on the back of the card. The Application will ask the User if he/she wishes to keep this information for future purchases via the Application. The User may refuse to keep this information and, if he agrees, may delete it at any time in his space on the Application.
For a payment on the Application installed on a mobile phone or tablet, the User will have to use his Apple account or his Android mobile account for the payment, according to the terms and conditions of the operators concerned.
The Pay-As-You-Go is associated with the User Account of the registered User. The registered User loses his rights to his One Time Purchase when the validity date, mentioned on the purchase page, is exceeded, whether he has partially used his purchase or not, or when his Account is deleted.
In the case of a monthly subscription with a monthly payment, the User will provide his bank details and authorize a monthly direct debit at the beginning of the month via Brut's payment provider. The deletion of a User Account is only possible when no subscription is valid on the User Account.
The User does not have a right of withdrawal concerning the order of paid Lives as long as their execution begins, with the User's agreement, before the expiry of the fourteen (14) day cooling-off period.
9. SALES CONCLUDED BY THE CREATORS OF THE APPLICATION
The Creators are solely responsible for the sales concluded under the paid Lives that they offer via the Application.
The Creators alone provide the information concerning them (identity, registration number, etc.), the description and the sale price of their paid Lives via their dedicated personal space.
Payments are processed by Brut's payment service provider, with whom Brut. opens a sub-account for each Creator on the basis of the information provided by each Creator when registering on the Application.
The Creator shall be able to follow the details of the sums collected and available on his dedicated space in respect of the paid Lives made.
These sums shall be paid back to the Creator within sixty (60) days of the completion of the paid Live, less a commission of forty (40) percent (%) for the intermediation services provided by Brut. and the fees charged by its service providers, such as its payment provider.
Brut. shall send a summary document to the Creator every month by email and on his dedicated space, as an invoice for the services rendered, which the latter accepts, mentioning in particular the details of the sums paid to the Creator, Brut.'s commission, and any fees charged by its service providers, in compliance with the applicable legal notices.
The Creator expressly mandates Brut, under the conditions provided for by Article 289, I, 2 of the General Tax Code and the Official Bulletin of Public Finances-Impôts BOI-TVA-DECLA-30-20-10 of 13 January 2014 (n°340-500), to invoice Users in the name and on behalf of the Creator for the sums due in respect of paid Lives.
The Creator retains full responsibility for its invoicing obligations and the consequences thereof with regard to value added tax (VAT).
Invoicing shall be carried out by making available on the Application and by sending a monthly summary to the e-mail address indicated by the Creator.
The Creator shall have a period of ten (10) days from the date of this transmission to contest the content; failing this, he/she shall be deemed to have accepted the corresponding invoice.
10. PRODUCT AND/OR SERVICE PROMOTIONS
Brut. may promote the sale of certain products offered by third parties on its Application and on its Site.
For any purchase, Users will be referred to the relevant third party merchant sites. Any sales contract is concluded directly between the User and the third party, according to the general terms and conditions of sale made available on the merchant sites to which they are referred.
Brut. may in no case be held liable for these sales concluded directly between Users and third parties. In particular, Brut. cannot be held responsible for the non-conformity or hidden defects of a product or service supplied by its partners.
11. INTELLECTUAL PROPERTY OF BRUT
Brut. is the owner of the Service (including the general structure of the Site and the Application) and the Brut. Content (such as the graphic charter, texts, visuals, videos, photographs, logos, domain names, etc.) and retains all intellectual property rights on these elements and all works and brands belonging to it, as the General Terms and Conditions do not transfer any ownership (copyright, neighbouring rights, brands and other distinctive signs, etc.). The User is informed that the General Conditions do not entail any transfer or license of use of Brut's intellectual property rights. s intellectual property rights (trademarks, logos, distinctive signs, etc.), other than those described in Article 4 Licence to use.
All Content that can be consulted on the Site and the Application are and remain the exclusive property of Brut. and/or the Users/Creators and in general, of the persons who have granted Brut. a license to do so, and who are the holders of all intellectual property rights relating to them. The User is therefore under no circumstances authorized to reproduce, represent or market this Content in any way whatsoever without the prior agreement of the rightful owner concerned.
Persons wishing to re-exploit Content from the Application or the Site are invited to contact Brut. at [email protected].
Any use without right of the Contents of the Application or the Site, whether total or partial, is prohibited and constitutes an infringement sanctioned by articles L.335-2 et seq. of the French Intellectual Property Code and is therefore liable to civil or criminal proceedings.
12. USER INFORMATION / IMAGE RIGHTS
All Users acknowledge and accept that Brut. may make audio, photographic or video recordings of their interventions via the Service Application, particularly during Lives. The User authorizes the recording of his/her image and voice made during Lives on the Application of the Service to be fixed and distributed on any medium, without time limit and for the whole world. All Users acknowledge and accept that any use by Brut. of a recording may not, in any way, give rise to the payment of any remuneration or compensation.
Everything that the User publishes, uploads, shares, stores or provides through the Service Application is, together with the intellectual property rights relating to it, qualified by these General Conditions as "User Information".
Each User remains the owner of this User Information but grants Brut. a non-exclusive, sub-licensable right to use this User Information throughout the world for the purposes of providing the Service and in particular, concerning the Lives of the Application, to improve the Service.
All Users also grant to all other Users of the Application a non-exclusive, sub-licensable right, without limitation in time and for the whole world, to use this User Information for the purposes of consulting, modifying, using, sharing and distributing it.
Any User who decides to share this User Information on any medium, outside the Application, must personally obtain any necessary prior authorisation from the Users concerned, without Brut. being held liable or concerned in any way, for any reason whatsoever.
13. PERSONAL DATA
In the context of the use of the Site and the Application, Brut. collects and processes certain personal data of the User, such as connection and navigation data and data recorded in the tracers and cookies (the "Data").
Each User undertakes to respect the Data Protection Act and the Regulations and not to use the Data to which he/she has access via the Service for purposes other than the Service, in violation of the rights of any User concerned.
In accordance with the provisions of the Data Protection Act and the Regulations, the User has the right to access, rectify, delete, limit or oppose the processing of his or her Data, the right to define directives relating to the conservation, deletion and communication of his or her Data after his or her death and the right to the portability of his or her Data.
The User may exercise these rights by e-mail to the following address: [email protected] or by post to the address indicated at the top of these General Conditions.
Brut. undertakes to guarantee the existence of adequate levels of protection in accordance with the applicable legal and regulatory requirements. However, as no mechanism offers absolute security, a certain amount of risk remains when the Internet or a mobile network is used to transmit Data.
Brut. will notify the CNIL and/or the User concerned as soon as necessary of any Data breaches covered by the Regulation.
14. TERMINATION OF THE SERVICE
Users may terminate the Service at any time by going to their User Account profile page.
In the case of a subscription to a paid Live in progress via the Service's Application, the month started on the date of the notice of termination will nevertheless be due by the User.
Any fee-for-service purchase already made will not be refunded, even if the paid Live in question has not yet taken place on the date the termination takes effect.
15. SUSPENSION OF SERVICE
Brut. reserves the right to immediately suspend access to the Service in the event of a User's failure to comply with its essential obligations and in particular in the event of a breach of Article°4 "User license", Article°5 "Users' obligations", Article°6 "Publication of Users' Content on the Service's Application", Article°8 "Prices of paid Lives accessible on a fee-for-service basis or by subscription via the Application", Article°11 "Brut. "Article 13 "Personal Data" or in the event of a violation of legal and regulatory provisions.
The reasons for the suspension of the Service will be communicated by Brut. to the User who may contest them by sending a complaint under the conditions set out in Article°17 of these General Conditions.
16. TERMINATION AT THE USER'S EXPENSE
Failure by the User to comply with the obligations subscribed to under the terms of these General Terms and Conditions, any payment incident, any action contrary to the interests of Brut, the communication of false, denigrating or erroneous information when creating an Account on the Application or on a forum or on social networks, may result in the suspension of access to the Application (Article 15), or even the termination of the User's Account on the Application of the Service depending on the degree of seriousness of the actions in question, without Brut being able to claim any damages or compensation whatsoever.
In the event of termination on its own initiative, Brut. will send the reasons for the termination on a valid medium to the User.
For any complaint related to the use of the Service, the User may contact Brut. at the following address: [email protected]
Any User may also report illicit User Content directly via the Service Application by clicking on the icon as well as blocking a User.
Any claim against Brut. (other than for Data issues) must be made within thirty (30) days of the occurrence of the event, which is the subject of the complaint. Failing this, the User may not claim any damages or compensation for the alleged breach, if it is proven.
Brut. undertakes to make its best efforts to respond to complaints transmitted within a reasonable timeframe in view of their nature and complexity.
In the event of the wrongful cancellation of a Live by a Creator via the Application, the User must request a refund directly from Apple Inc. via the following link: reportaproblem.apple.com no later than fifteen (15) days after the disputed Live. After this period, the User may no longer claim reimbursement for the Live concerned.
18. LIMITATION OF RESPONSIBILITY
a) links to third-party sites
The Service, via the Site or the Application, may contain hyperlinks to other websites or applications owned or operated by persons other than Brut.
The linked sites or applications accessible via the Site or the Application are independent sites and applications over which Brut has no control, whether financial, editorial or of any other nature, and they are in no way approved by Brut.
Brut. cannot be held responsible for the products and services offered and the content of these third-party websites or applications, nor in the event of malfunction of these links.
b) User comments
Brut. declines all responsibility concerning User comments accessible via the Site or the Application.
If you access illicit sites or comments via the Application, we thank you for notifying us immediately by sending an e-mail to [email protected] or via the button set up for this purpose.
The Application and the Site allow Users to publish comments on the Content they consult. In this respect, each User is solely responsible, in the context of his use of the Application or the Site, for ensuring that the comments he publishes do not violate the law or infringe the rights of third parties. Brut. is technically unable to control and will not control comments before they are published on the Application or the Site.
By posting comments on the Application or the Site, each User represents and warrants that he/she has all necessary rights to use them in the context of the Application or the Site (including, where applicable, intellectual property rights).
Any illicit comment (or that Brut. considers illicit) that is brought to its attention will be immediately removed from the Application or the Site. Comments that seriously infringe the laws and regulations in force or the rights of third parties will also be notified to the competent authorities, i.e. comments that glorify crimes against humanity, incite the commission of acts of terrorism and their glorification, incite racial hatred, hatred towards people because of their sex, sexual orientation or identity or their disability, as well as comments containing child pornography, comments inciting violence, in particular against women, and those that infringe human dignity.
Each User agrees to indemnify Brut. against any claim or action (including reasonable attorneys' fees and related court costs), to the extent that such claim or action is based on an allegation by a third party that a comment posted by the User in connection with the User's use of the Application or the Site infringes the intellectual property or other rights of that third party.
In the event of a claim or action by a third party as described above, the User undertakes, at Brut's request, to immediately provide Brut with the complete and honest information necessary for the examination of such claims and for the organization of its defense.
c) on access to the Site and the Application:
Brut. is bound by an obligation of means with regard to Users' access to the Site and the Application.
In any event, without prejudice to the cases of exclusion of liability provided for herein, the liability that may be incurred by Brut for any malfunctions that are solely its fault is expressly limited to the damage suffered by the User, duly justified.
d) on the use of the Site or the Application by the User or a third party:
The User is solely responsible for the use he makes of the Site and the Application and for the content and information he publishes therein, if any.
Brut. cannot be held liable for any damage suffered by a User or a third party resulting directly or indirectly from the User's failure to comply with any of its obligations, negligence, non-compliant use, in particular for purposes other than those indicated by Brut. or in the event of delay or failure to comply with its obligations due to a cause beyond its control such as a fortuitous event or a case of force majeure as defined by Article 1218 of the French Civil Code and the French courts.
Brut shall not be held responsible for direct or indirect damage resulting from the use by an unauthorized third party of a User's account or identifier on the Application.
In general, once it has fulfilled its obligations, Brut. cannot be held responsible for damage suffered by the User and/or a third party.
e) Limitation of liability towards the Creators of the Application
In the event that Brut's liability is established and retained on account of damage suffered by a Creator directly as a result of Brut, the total amount of compensation and any sum payable by Brut. under these General Conditions is limited to the sum actually received by the Creator during the six (6) months preceding the damage.
19. CONTACTS BRUT AND HOST
The director of the publication of the Service is Mr Guillaume Lacroix.Brut. can be contacted at its postal address and at the following e-mail address: [email protected].
The Service's website is hosted by:
Google Ireland LimitedGordon House, Barrow Street, Dublin, D04 E5W5, Ireland
The Service also uses the services of a streaming server in order to ensure the quality of the video Content:
Phenix Real Time Solutions, Inc.
123 N Wacker Dr
Chicago, IL 60606USA
20. GENERAL PROVISIONS
Language - The French version of these General Conditions prevails over any other translated version.
Proof - The User acknowledges the validity and probative value of electronic exchanges and records kept by Brut. and accepts that these elements have the same probative value as a handwritten document signed by hand under the terms of Law No. 2000-230 of 13 March 2000 adapting the law of evidence to information technologies relating to electronic signatures.
Partial invalidity - If one or more stipulations of the General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent court, the other stipulations shall retain all their force and scope.
The parties then agree to replace the invalid clause with a clause that is as close as possible in content to the clause initially agreed upon.
Non-waiver - Unless otherwise provided, the fact that Brut. or the Users do not take advantage of a breach of any of the obligations referred to in the General Terms and Conditions shall not be interpreted as a waiver of the obligation in question.
Dispute - Any dispute relating to the use of the Service or to the interpretation of the General Terms and Conditions that is not resolved after a complaint (Article 17) may be brought before the Mediation and Arbitration Centre, an organization to which Brut. is a member, as provided for by the provisions of L.611-1 et seq. of the Consumer Code.
In such a case, the User must refer to the Centre de Médiation et d'Arbitrage de Paris, an association under the law of 1901, whose registered office is located at 39 avenue Franklin D. Roosevelt, 75008 Paris, France, and send it a request for mediation detailing the complaint. The User may consult the CMAP website at: https://www.cmap.fr/.
If no agreement is reached through this procedure, the dispute will be submitted to the competent court.