GENERAL TERMS AND CONDITIONS OF USE OF BRUT LIVE

Version effective March 1st, 2021

The purpose of these general terms and conditions of use (hereinafter, the "General Terms and Conditions") is to describe the conditions of use of the "Brut Live" application (hereinafter, the "Application") accessible and downloadable on mobile and tablet devices, published by the company BRUT, a simplified joint stock company registered in the Paris Trade and Companies Register under number 829 162 395, having its registered office at 51, rue Vivienne in Paris (75002) (hereinafter referred to as "BRUT") and whose intra-community VAT identification number is FR888291623395.

1. BRUT LIVE, what is it?

The Application aims to offer an alternative to traditional media by connecting the public directly with personalities, talents and/or influencers who identify with the values advocated by BRUT, having the status of Publisher, as defined below, in order to generate news and Content, as defined in Article 6, in a free and transparent manner.

The Application thus allows any person having the status of User, as defined below, to access services, features and Content available free of charge or on a paid subscription basis or on a fee basis, as the case may be (the "Services").

Depending on their status under the General Terms and Conditions, Users may create, attend, participate in and comment on live video sessions (the "Lives") on the Application hosted by Publishers and under their supervision.

2. Acceptance of the General Terms and Conditions

To access the Application and the Services, the User must accept the General Terms and Conditions and the Privacy Policy accessible from the Application and at the following address: https://www.brut.media/us/terms-brutlive and https://www.brut.media/us/privacy-brutlive.

If the User does not accept all or part of the General Terms and Conditions, he/she renounces access to the Application.

Brut reserves the right to adapt or modify the General Terms and Conditions at any time by publishing an updated version of these General Terms and Conditions via the Application and at the following address: https://www.brut.media/us/terms-brutlive.

Users will be informed of this modification by BRUT no later than fifteen (15) days before the new version of the General Terms and Conditions comes into force.

Any changes to the General Terms and Conditions necessitated by a change in applicable law or regulation, a court order, or changes to the functionality of the Application or Services will be effective immediately.

The General Terms and Conditions applicable to the User are those in force on the day of use of the Application and/or Services by the latter.

The User is invited to keep a copy of the applicable version of the General Terms and Conditions for his archives.

By using the Services and agreeing to the processing of his personal data (see our Privacy Policy: https://www.brut.media/us/privacy-brutlive), the User certifies that (i) he or she is a person of legal age in his or her country of residence or (ii) he or she has obtained the consent of the person or persons having parental authority over him or her.

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 Terms and Conditions.

3. Description of the Services

The Application is a computer program designed in the form of an iOS or Android application that can be operated on smartphones or tablets, downloadable free of charge from the App Store or Google Play, as the case may be.

All costs incurred by the User to access the Application (hardware, software, Internet connection, cell phone package, etc.) are at the User's expense.

3.1. How to Register

Any User wishing to access the Services offered on the Application must download the Application and create an account by providing the information mentioned in the Privacy Policy available at: https://www.brut.media/us/privacy-brutlive.

The User certifies that all information provided in the registration form is correct, up-to-date and truthful and is not misleading in any way.

3.2. Creating a User Profile

All "Users", whether they are:

« Publishers »: persons authorized by BRUT to create Lives on the Application;
« Actors »: persons invited by Publishers to participate in Lives;
« Viewers »: persons accessing the Lives without participating directly other than via the chat tool;

create a public profile on the Application in order to access the Services and provide the information described in the Privacy Policy. This public profile is accessible by all Users.

3.3. Creation of Lives by the Publisher

A Publisher can create Lives accessible free of charge to all Viewers or accessible only to certain Viewers on a subscription or pay-per-view basis, as the case may be, for a duration and on a theme defined by the Publisher.

When creating a Live, the Publisher agrees to fill in the category, title and any other mandatory 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 Publisher is solely responsible, both to BRUT and to other Users or third parties, for the dissemination of the Content it communicates in the context of a Live.

The Publisher alone sets the selling price of paid Lives via its space accessible on the Application.

The price of paid Lives, whether by subscription or on a fee-for-service basis, is identical for all Viewers.

It is set freely by the Publisher according to the levels shown in the price list available on the Application.

When the Publisher offers paid Lives, it is contractually bound to provide the service advertised to the Viewers who subscribe to it, in particular the theme of the Live and its content, on the date and at the time set by the Publisher and for the minimum duration announced.

The Publisher may not cancel a paid Live.

Any cancellation of a paid Live will result in the reimbursement of all sums paid by one or more Viewer(s) for the Live concerned and the payment by the Publisher of the commission due to BRUT in application of these General Terms and Conditions. The commission must be paid by the Publisher upon receipt of invoice. BRUT may also act by way of compensation and withhold any amount due to the Publisher for one or more other Lives.

THIS PENALTY IS WITHOUT PREJUDICE TO BRUT'S RIGHT, IN SUCH A SITUATION, TO SUSPEND OR TERMINATE ACCESS TO THE APPLICATION AND THE PUBLISHER'S ACCOUNT, IN ACCORDANCE WITH THE CONDITIONS LISTED IN ARTICLE 14 AND ARTICLE 15 OF THE GENERAL TERMS AND CONDITIONS.

Similarly, any dispute by one or more Viewers, within the thirty (30) day period, about the content of a paid Live, and in particular about the lack of consistency or adequacy of the Live with the theme or content announced by the Publisher, may give rise to the application by BRUT of a flat-rate penalty for the Publisher equal to the amount of BRUT's commission on the sums paid by the Viewers concerned for the Live concerned, to BRUT, this sum being in the nature of compensation for the resources mobilized by BRUT to proceed with the reimbursement of the amounts paid by the Viewers concerned. This penalty may be applied against the amounts due to the Publisher for the Live concerned or for any other Lives in respect of the price paid by the other Viewers, in addition to the amounts due to BRUT under these General Terms and Conditions.

THIS PENALTY IS WITHOUT PREJUDICE TO BRUT'S RIGHT, IN SUCH A SITUATION, TO SUSPEND OR TERMINATE ACCESS TO THE APPLICATION AND THE PUBLISHER'S ACCOUNT, IN ACCORDANCE WITH THE CONDITIONS LISTED IN ARTICLE 14 AND ARTICLE 15 OF THE GENERAL TERMS AND CONDITIONS.

Insofar as such a challenge, within this period, establishes that the content of the contested 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 above-mentioned penalty, and this for all the sums paid by the Viewers who subscribed to the Live concerned and not only to the Viewers who have formulated a challenge, this sum being in the nature of compensation for the resources mobilized by BRUT to reimburse the sums paid by the Viewers concerned, and for half of the prejudice caused to BRUT, in particular its image prejudice, without prejudice to any damages that may be owed to BRUT for the purpose of compensating its entire prejudice.

THIS PENALTY SHALL APPLY WITHOUT PREJUDICE TO THE RIGHT OF BRUT, IN SUCH A SITUATION, TO SUSPEND OR TERMINATE ACCESS TO THE APPLICATION AND THE PUBLISHER'S ACCOUNT, IN ACCORDANCE WITH THE CONDITIONS LISTENED TO IN ARTICLE 14 AND IN ARTICLE 15 OF THE GENERAL TERMS AND CONDITIONS.

Any paid Live constitutes a service concluded directly between the Publisher and the Viewers who have subscribed to it, independently of BRUT which only provides the technical means for its realization.

The Publisher undertakes to respect BRUT’s ethical charter (“BRUT’s Charter"), which can be consulted at the following address https://www.brut.media/us/charte-brutlive.

The Publisher guarantees BRUT that it is entitled to communicate and/or quote all Content published by it within the framework of the Lives and that it has all the rights and authorizations necessary for their use under the conditions set out in these General Terms and Conditions.

IN THE EVENT OF A BREACH OF THE ABOVE, BRUT MAY IMMEDIATELY TERMINATE PUBLISHER'S ACCESS TO THE SERVICES, IN ACCORDANCE WITH ARTICLE 15 AND ARTICLE 16 OF THE GENERAL TERMS AND CONDITIONS.

The Publisher also indemnifies BRUT against any action, claim, demand whatsoever, on the part of any person invoking the non-observance of the aforementioned provisions and will compensate BRUT for all the 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).

3.4. Participation in the Lives by the Actors

Publisher may invite up to five (5) Actors to participate in its Live.

To participate in the Live, Actors must request to participate in the Live and/or accept the Publisher's invitation generated by the Application.

The Publisher is responsible for the respect of the obligations listed under these General Terms and Conditions by the Actors (and in particular for the respect of the BRUT’s Charter, of the necessary rights and authorizations relating to the Content and information communicated during the Lives, of the legality of the Content, etc.).

The Publisher, as moderator, shall terminate the participation to a Live of any Actor who fails to meet these obligations.

IN CASE OF VIOLATION OF THE ABOVE, BRUT MAY IMMEDIATELY INTERRUPT THE LIVE AND/OR ACCESS TO THE SERVICES OF THE PUBLISHER AND/OR THE ACTOR(S) CONCERNED, IN ACCORDANCE WITH ARTICLE 15 AND ARTICLE 16 OF THE GENERAL TERMS AND CONDITIONS.

3.5. Access and Participation in Chat

A chat tool allowing live comments on the Live is available to Users via the Application.

Users agree to abide by the BRUT’s Charter when using this tool. It is specified that the chat is not moderated by the Publisher.

BRUT RESERVES THE RIGHT TO SUSPEND OR TERMINATE ACCESS TO THE APPLICATION 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 TERMS AND CONDITIONS.

4. License of use

BRUT grants Users, for the duration of the Services, a non-exclusive, non-transferable, strictly personal license to use the Application.

Apart from the rights granted in these General Terms and Conditions and without prejudice thereto, Users are not authorized under these General Terms and Conditions to:

copy, print or transfer all or part of the Application, or its contents;
sell, distribute, rent or sublicense in any way all or part of the Application, or its contents;
modify the Application or its content;
reproduce or merge all or part of the Application or its contents into other computer programs;
compile the Application or its contents, decompile, disassemble, translate or analyze it, except to the extent permitted by French law;
decompile and reverse engineer the Application or otherwise attempt to obtain the source code of the Application or BRUT's third party service providers' products;
use the Application or its content for any purpose other than its original purpose.

BRUT RESERVES THE RIGHT TO SUSPEND OR TERMINATE ACCESS TO THE APPLICATION 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 TERMS AND CONDITIONS.

5. Obligations of Users

User acknowledges and agrees that the Application may cease to support a particular mobile device operating system at any time and that, if so, the User will be required to download a compatible mobile device operating system in order to continue using the Services.

The User also acknowledges and accepts that the use of the Services depends on the proper functioning of his equipment and his Internet connection.

The User shall not make any use of the Application and Services contrary to the regulations in force, and more generally shall not jeopardize the interests, reputation or image of BRUT.

Users are also prohibited from fraudulently accessing or remaining in the Application, or from hindering or altering its operation, in particular by introducing viruses, Trojan horses, worms, logic bombs or any other malicious program and/or program that could cause damage to the Application or harm BRUT's data. In case of violation of this provision, BRUT reserves the right to alert law enforcement agencies, disclose the identity of the User and block his access to the Application.

In addition, BRUT reserves the right, in its discretion, to deny access to the Application to any User that BRUT deems suspicious (e.g., from a computer program, including 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 THE USER'S ACCESS TO THE APPLICATION AND SERVICES IN ACCORDANCE WITH ARTICLE 15 AND ARTICLE 16 OF THE GENERAL TERMS AND CONDITIONS.

6. Content

The term "Content" refers to all texts, graphics, documents, data, information, publications, software, photos, images, sounds, music, audio, video, trademarks, logos, works of authorship of any kind or other, displayed, generated, provided or made available through the Application and the Services.

All Users agree not to publish any Content that is contrary to good morals or that infringes on the rights of third parties and/or BRUT, and to refrain from using any defamatory, harassing, threatening and/or racially or ethnically offensive language or from using any language that is offensive to third parties, or to make use of statements that incite racial hatred, pedophilia, pornography, calls for murder, defamation, insult, or infringe on the rights of third parties, including intellectual property rights and the right to privacy; and, in general, all Users agree to respect BRUT’s Charter, which can be consulted on the Application and at the following address https://www.brut.media/us/charte-brutlive.

Brut acts as a content host within the meaning of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy. BRUT's liability for Content published and put online by Users can therefore only be incurred if, having become aware of illicit Content, BRUT did not promptly remove it. Subject to this reservation, BRUT declines all responsibility for Content distributed via the Application.

All 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 Content for the purpose of providing the Services and publishing and/or sharing the Content on the Application and on any third-party or BRUT-owned platforms.

The User declares and guarantees BRUT against any action, claim, demand, eviction whatsoever, on its part or on the part of any person invoking an intellectual property right which the Content distributed by him through the Application would infringe or have infringed, or any other basis (unfair competition and/or parasitic act, defamation, etc.). The User shall indemnify BRUT for all consequences that may result from a breach of this warranty (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).

FAILURE TO COMPLY WITH THE ABOVE COMMITMENTS MAY RESULT IN THE IMMEDIATE SUSPENSION OF THE SERVICES AND, IF NECESSARY, THE TERMINATION OF THE SERVICES BY BRUT FOR FAULT COMMITED BY THE USER IN ACCORDANCE WITH ARTICLE 15 AND ARTICLE 16.

7. Availability of Services

Users are informed of the technical hazards inherent in telecommunication networks and the Internet, and of access interruptions that may result from them or from its own or third-party service providers. BRUT is therefore unable to guarantee the continuity of the Services, performed remotely, via the Internet or any telecommunication network, which the User acknowledges.

BRUT will not be held responsible for any unavailability or slowdown of the Services due to slowdowns or malfunctions of communication networks or third-party service providers.

The User acknowledges that it has been informed that the unavailability of the Services may be the result of (a) a maintenance operation, (b) an urgent operation relating in particular 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 Services in the event of a serious breach by the User. BRUT undertakes to restore the availability of the Services 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 at the last date of backup before the date of the beginning of unavailability of Services.

In these cases, the User may not claim any compensation or hold BRUT liable for any reason whatsoever.

BRUT does not guarantee in any way that the Application is secure, free of bugs or viruses. It is the User's responsibility to take all necessary measures to protect his equipment and system against any contamination by potential viruses and against any attempt at intrusion by third parties.

8. Prices of Services available on a fee-for-service or subscription basis

Some Lives are accessible free of charge on the Application.

To access all Lives without restriction or to access certain Lives, Users may take out (i) a monthly subscription or (ii) a one-time purchase of the Live they wish to access, 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 order confirmation for an indefinite period that can be terminated at any time in compliance with the conditions set out in Article 14 of the General Terms and Conditions.

Unless otherwise specified, the sale prices of the Services are in euros and include the amount of value added tax (VAT) applicable.

The payment of the price of the Live is made on the Application at the time of the order, via a secure payment platform. The payment methods that can be used are indicated on the Application during the ordering process.

When paying by credit card, the User must enter his/her card number, expiration 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.

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.

The User does not have a right of withdrawal concerning the order of Services as soon as their execution begins, with the User's agreement, before the expiration of the fourteen (14) day cooling-off period.

9. Sales made by the Publishers

Publishers are solely responsible for the sales of the paid Lives they offer via the Application.

The Publishers alone provide the information concerning them (identity, registration number, etc.), the description and the selling price of their Lives via their dedicated personal space.

Payments are processed by BRUT's payment provider, with whom BRUT opens a sub-account for each Publisher based on the information provided by each Publisher when registering on the Application.

The Publisher will be able to follow the details of the sums collected and available on his dedicated space for the Lives performed.

These sums will be paid to the Publisher within thirty (30) days of the completion of the Live, less a commission of 40 % for intermediation services provided by BRUT and the fees charged by its service providers, such as its payment service provider.

BRUT will send a summary document to the Publisher every 12 month by e-mail and on its dedicated space, as an invoice for services rendered, which the Publisher accepts, mentioning in particular the details of the sums paid to the Publisher, BRUT's commission, and any fees charged by its service providers, in compliance with the applicable legal notices.

The Publisher expressly authorizes BRUT, under the conditions provided for in Article 289, I, 2 of the French General Tax Code and the Official Bulletin of Public Finances-Taxes BOI-TVA-DECLA-30-20-10 of January 13, 2014 (n°340-500), to invoice Users in the name and on behalf of the Publisher for the sums due under the Lives.

The Publisher retains full responsibility for its invoicing obligations and the consequences thereof with regard to value added tax (VAT).

Invoicing will be carried out by making available on the Application and by sending a monthly summary to the e-mail address indicated by the Publisher.

The Publisher will have ten (10) days from the date of this transmission to contest the information; otherwise, he will 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.

BRUT may use data submitted by Users and its partners to deliver targeted advertisements, offers and sponsored content. For more information, please refer to the BRUT’s Privacy Policy.

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 he is referred.

BRUT will not be held liable for these sales concluded directly between the Users and the third parties. In particular, BRUT shall not be held responsible for the non-conformity or hidden defects of a product or service provided by its partners.

11. Intellectual Property of BRUT

BRUT is the owner of the Application and its content and retains all intellectual property rights on these elements and all works and trademarks, the General Terms and Conditions do not transfer any property (copyright, neighboring rights, trademarks and other distinctive signs ...).

The User is informed that the General Terms and Conditions do not entail any transfer or license of use of BRUT's intellectual property rights (trademarks, logos, distinctive signs, etc.), other than those described in Article°4.

12. Your information / image copyrights

All Users acknowledge and accept that BRUT may make audio, photographic or video recordings. The User authorizes the fixation and distribution, on any medium, of the recording of his image and voice, made during Lives and this, without limitation of time. The User acknowledges and accepts that the possible use by BRUT of a recording may not, in any way, give rise to the payment of any remuneration or indemnity.

Everything that the User publishes, uploads, shares, stores, provides through the Application is, together with the intellectual property rights related to it, qualified by these General Terms and Conditions as "User Information".

Each User remains the owner of this User Information but grants BRUT a non-exclusive, sub-licensable, worldwide right to use this User Information for the purposes of providing the Services, improving the Services.

Any User also grants to all other Users of the Application a non-exclusive, sub-licensable, unlimited right of use for the whole world, of 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 authorization from the Users concerned, without BRUT being held liable or concerned in any way, particularly in terms of image rights.

13. Personal Data

In the course of using the Application, BRUT may collect and process certain personal data of the User, including geolocation, IP address, connection and navigation data and data stored in cookies (the "Data").

BRUT ensures that the User's Data is collected and processed in compliance with the provisions of Law n°78-17 of January 6, 1978 relating to data processing, files and freedoms (amended by Law n°2004-801 of August 6, 2004, Law n°2016-1321 of October 7, 2016, Law n°2018-493 of June 20, 2018 and Order n°2018-1125 of December 12, 2018) (the "Data Protection Act") and Regulation n°2016/679 of the European Parliament and of the Council of April 27, 2016 (the "Regulation"), in accordance with its Privacy Policy accessible at the following address: https://www.brut.media/us/privacy-brutlive.

The Privacy Policy is an integral part of the General Terms and Conditions.

The User is invited to consult the Privacy Policy, to which he/she is referred for a more detailed explanation of the conditions of collection and processing of the User's Data.

All Users undertake to comply with the French Data Protection Act and the Regulations and not to use the Data to which they have access via the Platform for purposes other than the Services, 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 Data, the right to define directives relating to the conservation, deletion and communication of his Data after his death and the right to the portability of his Data.

The User may exercise these rights by sending an e-mail to the following address contact@brut.live or by post to the address indicated at the top of these General Terms and Conditions.

BRUT is committed to ensuring that adequate levels of protection exist in accordance with applicable legal and regulatory requirements. However, as no mechanism offers absolute security, there is a degree of risk when the Internet is used to transmit Data.

BRUT will notify the CNIL and/or the User concerned of any Data breaches covered by the Regulation.

14. Termination of Services

Users may terminate the Services at any time.

In the case of a current subscription, the month started on the date of the termination notice will nevertheless be due by the User.

Any fee-for-service purchase already made will not be refunded, even if the Live concerned has not yet taken place on the effective date of the termination.

15. Suspension of Services

BRUT reserves the right to immediately suspend access to the Services 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 "License to use", Article 5 "User obligations", Article 6 "Content", Article 8 "Price of the Services available on a fee-for-service or subscription basis", Article 11 "Intellectual property", Article 13 "Personal data" or in the event of a breach of legal and regulatory provisions.

The reasons for this suspension of Service will be communicated by BRUT to the User who may contest them by sending a complaint under the conditions provided for in Article 17 of these General Terms and Conditions.

16. Termination at the User's expense

THE NON-COMPLIANCE BY THE USER OF THE OBLIGATIONS SUBSCRIBED UNDER THESE GENERAL TERMS AND CONDITIONS, ANY INCIDENT OF PAYMENT, ANY ACT AGAINST THE INTERESTS OF BRUT, THE COMMUNICATION OF FALSE, DENIGRANT OR ERRONEOUS INFORMATION WHEN CREATING THE ACCOUNT OR ON A FORUM OR ON SOCIAL NETWORKS, MAY RESULT IN THE SUSPENSION OF ACCESS TO THE APPLICATION (Article 16), OR THE TERMINATION OF THE USER'S ACCOUNT ACCORDING TO THE DEGREE OF SERIOUSNESS OF THE ACTIONS IN QUESTION, WITHOUT ANY CLAIM FOR DAMAGES AND INTEREST OR COMPENSATION WHATSOEVER TO BRUT.

In case of termination at its initiative, BRUT will send the reasons for the termination on a durable medium to the User.

17. Claims

For any complaint related to the use of the Services, the User may contact BRUT at the following address support@brut.live.

Any User may also report illegal content directly via the Application by clicking on the "flag abnormal behavior" icon.

Any complaint against BRUT must be made within thirty (30) days of the occurrence of the event, subject of the complaint. Otherwise, the User may not claim any damages or compensation for the alleged breach.

BRUT undertakes to make its best efforts to respond to claims transmitted within a reasonable timeframe in view of their nature and complexity.

In the event that a Publisher wrongfully cancels a Live, User must request a refund directly from Apple Inc. via the following link: reportaproblem.apple.com within fifteen (15) days of the disputed Live. After this period, the User will no longer be able to claim a refund for the Live concerned.

18. Liability

ON ACCESS TO THE APPLICATION:

BRUT IS BOUND BY AN OBLIGATION OF MEANS WITH RESPECT TO THE ACCESS OF USERS TO THE APPLICATION.

IN ANY EVENT, THE LIABILITY THAT MAY BE INCURRED BY BRUT UNDER THESE TERMS IS EXPRESSLY LIMITED TO DIRECT DAMAGES SUFFERED BY THE USER.

ON THE USE OF THE APPLICATION BY THE USER OR A THIRD PARTY:

THE USER IS SOLELY RESPONSIBLE FOR THE USE OF THE APPLICATION AND THE CONTENT AND INFORMATION PUBLISHED BY THE USER, IF ANY.

BRUT SHALL NOT BE LIABLE FOR ANY DAMAGES 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, IMPROPER USE, PARTICULARLY 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 AN ACT OF GOD OR A CASE OF FORCE MAJEURE AS DEFINED BY ARTICLE 1218 OF THE CIVIL CODE AND THE FRENCH COURTS.

BRUT SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM THE USE BY AN UNAUTHORIZED THIRD PARTY OF A USER'S ACCOUNT, USER ID OR PASSWORD.

IN GENERAL, ONCE BRUT HAS FULFILLED ITS OBLIGATIONS, BRUT SHALL NOT BE LIABLE FOR ANY DAMAGES INCURRED BY THE USER AND/OR ANY THIRD PARTY.

ON THIRD PARTY WEBSITES

THE APPLICATION MAY CONTAIN HYPERTEXT LINKS TO OTHER WEBSITES OWNED OR OPERATED BY PERSONS OTHER THAN BRUT.

THE LINKED SITES ACCESSIBLE VIA THE APPLICATION ARE INDEPENDENT SITES OVER WHICH BRUT HAS NO CONTROL, WHETHER FINANCIAL, EDITORIAL OR OTHERWISE, AND ARE IN NO WAY ENDORSED BY BRUT.

BRUT SHALL NOT BE RESPONSIBLE FOR THE PRODUCTS AND SERVICES OFFERED OR THE CONTENT OF SUCH THIRD PARTY WEBSITES.

LIMITATION OF LIABILITY TO PUBLISHERS

IN THE EVENT THAT BRUT'S LIABILITY IS ESTABLISHED AND UPHELD AS A RESULT OF DAMAGE SUFFERED BY THE PUBLISHER AS A DIRECT RESULT OF BRUT'S ACTIONS, THE TOTAL AMOUNT OF COMPENSATION AND ANY SUM PAYABLE BY BRUT UNDER THESE GENERAL TERMS AND CONDITIONS IS LIMITED TO THE AMOUNT ACTUALLY RECEIVED BY THE PUBLISHER DURING THE SIX (6) MONTHS PRECEDING THE DAMAGE.

19. BRUT Contacts and Web Host

The director of the publication is Mr Guillaume Lacroix.

BRUT can be contacted at its postal address as well as at the following e-mail address contact@brut.live.

The Application is hosted by:

Google Ireland Limited
Gordon House, Barrow Street,
Dublin, D04 E5W5,
Ireland

The Application also uses the services of a streaming server to ensure the quality of the video content:

DigitalOcean, LLC
101 Avenue of the Americas, 10th Floor
New York, NY 10013
USA

20. General Provisions

Language - The French version of these General Terms and Conditions prevails over any other translated version.

Proof - The User acknowledges the validity and probative force of electronic exchanges and records kept by BRUT and agrees that these elements receive the same probative force as a handwritten document signed by hand under Law No. 2000-230 of March 13, 2000 adapting the law of evidence to information technology relating to the electronic signature.

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 final decision of a competent court, the other stipulations will retain all their force and scope.

Non-waiver - Unless otherwise provided, the fact that BRUT or the Users do not avail themselves of a breach of any of the obligations referred to in the General Terms and Conditions shall not be interpreted for the future as a waiver of the obligation in question.

Applicable law - The General Terms and Conditions as well as the use of the Application and the Services are subject to French law.

Dispute - Any dispute relating to the use of the Services or to the interpretation of the General Terms and Conditions not resolved after a complaint (Article 17) may be brought before the Mediation and Arbitration Center, an organization to which BRUT is a member, as provided for by the provisions of L.611-1 et seq. of the Consumer Code.

To do so, the User should contact the Paris Mediation and Arbitration Centre, an association under the French 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 the following address: https://www.cmap.fr/offre/un-consommateur/.

If no agreement is reached through this procedure, the dispute will be submitted to the competent court.

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