BRUT MOBILE APPLICATION & WEBSITE GENERAL TERMS OF USE
The "Brut" iOS mobile application (hereinafter "the Application") and the website accessible via the URL www.brut.media (hereinafter "the Website") are published by BRUT, a French société par actions simplifiée (simplified joint stock company) registered with the Paris Trade and Companies Register under number 829 162 395 and having its registered office at 51 Rue Vivienne, 75002 Paris, whose VAT identification number is FR88829162395 and telephone number is 01 46 62 38 00.
The publishing director of the Application is Guillaume Lacroix.
The Website is hosted by Google Ireland Limited, having its registered office at Gordon House, Barrow Street, Dublin 4, Ireland.
services offered on the Application and the Website are provided "as is" and are governed by these General Terms of Use.
1. DESCRIPTION OF THE APPLICATION
The Application allows users to:
- access BRUT video content, including offline;
- post comments on the Application in connection with these video contents;
- share video content outside the Application.
The Website provides access to BRUT video content.
BRUT does not guarantee the durability or performance of the Application or the Website, nor that the Application and the Website are free from bugs or other defects, a programming error or technical malfunction being able to affect the Application or the Website at any time.
Each user is responsible for his/her hardware, data and software as well as for the connection to the network through which he/she accesses the Website or the Application.
2. ACCESS TO THE APPLICATION AND CREATION OF A USER ACCOUNT
The iOS Application may be used without charge for Apple smartphone users who have downloaded the Application from the App Store, strictly for personal, private and non-collective use.
The Application may only be accessed by users who are at least 18 years old.
Creating a user account via the Application
Users who wish to use the Application must first create a user account by filling out the form provided for this purpose when using the Application for the first time.
The creation of a user account is only available in English and French. It is done according to the following steps:
1) The user must fill out an electronic registration form in which (i) he/she provides his/her identification information (ii) he/she chooses a username and a password.
2) The user must validate this form and confirm (i) that he/she is at least 18 years old and (ii) that he/she agrees to these General Terms of Use and the Application's Privacy Policy by checking the relevant boxes.
3) Before validating the form and accepting the General Terms of Use and the Application's Privacy Policy, the user may correct any errors in the information provided.
4) Once the form has been validated and the General Terms of Use and the Privacy Policy accepted, an email confirming the creation of the account is sent to the user.
Login to the Application via Facebook or Google+
Users can also connect to the Application directly via a Facebook or Google+ profile by clicking on the associated button and following the partner login procedure.
3. USER’S RESPONSIBILITY
Each user is responsible for his/her hardware, data and software as well as for the connection to the network through which he/she accesses the Application.
The user creates his/her own password and may change it at any time. Each user is responsible for creating, storing and using his/her username and password which are strictly personal and may not be shared with third parties. Users must ensure the conservation, confidentiality and secrecy of their login details.
Any use of the Application by means of these login details is deemed to have been made by the user him/herself. If a user has reason to believe that his/her username and password have been misused by a third party, he/she must immediately inform BRUT at the following address: [email protected]
4. LINKS TO THIRD PARTY WEBSITES/USER COMMENTS
BRUT's liability
BRUT acts as a content host within the meaning of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy with respect to (i) links to third party websites accessible via the Application and (ii) comments posted by users on the Application or the Website. BRUT can only be liable for these links and comments if, having knowledge of the presence of unlawful content, BRUT did not promptly proceed with its withdrawal.
Subject to this reservation, BRUT disclaims any liability for the use of third party websites or user comments accessible via the Application. Once you are redirected to a third party website, these General Terms of Use cease to apply; only the general conditions of the third-party site apply.
If you access unlawful sites or comments via the Application, please notify us immediately at: [email protected]
User’s obligations regarding the comments that he/she publishes on the Application
The Application allows users to post comments on the content viewed. As such, you are solely responsible, in your use of the Application, for ensuring that any comments you post do not violate the law or infringe the rights of third parties. We are technically unable to control and will not review your comments before they are posted on the Application.
By posting comments on the Application, you represent and warrant that you have all the necessary rights to post such comments on the Application (including, where applicable, intellectual property rights).
Any unlawful comment (or comment which BRUT deems to be unlawful) brought to its attention will immediately be removed from the Application. Hateful comments will also be reported to the competent authorities, namely comments condoning crimes against humanity, inciting acts of terrorism and their glorification, inciting racial hatred, hatred against individuals on the basis of their gender, sexual orientation or gender identity or disability, as well as comments containing child pornography, comments inciting violence, especially against women, and those violating human dignity.
You agree to hold us harmless for any claim or action (including reasonable attorney's fees and associated legal costs), to the extent that such claims or actions are based on a third-party claim that a comment that you have posted in connection with your use of the Application is in violation of any intellectual property rights or other rights of such third party.
In the event of a claim or action by a third party as described above, you undertake, at our request, to immediately provide us with complete and honest information as may be necessary for an investigation of these claims and for organizing our legal defense.
5. DELETING A USER ACCOUNT
BRUT may at any time terminate, ipso jure and without the need for further legal formality, the account of a user of the Application in case of breach of these General Terms of Use and in particular in the following cases, without this list being exhaustive:
- Breach of Articles 24 of French Law of July 29, 1881 on Freedom of the Press and Article 227-23 of the French Criminal Code;
- When BRUT has reason to believe that the Application is being used under the identity of a third party and/or with the username and password of a third party;
- Infringement of BRUT's rights or those of third parties.
Users can delete their account at any time by sending a request by email to [email protected]
6. INTELLECTUAL PROPERTY
All content (images, texts, videos, sounds, etc.) that can be consulted on the Application are and shall remain the exclusive property of BRUT and its licensors, who hold all related intellectual property rights.
Therefore, you are strictly prohibited from reproducing, representing or marketing this content in any way.
Anyone wishing to re-use content appearing on the Application or the Website may contact BRUT at [email protected]
Any unlawful use of the content appearing on the Application or the Website constitutes infringement and may be subject to civil or criminal prosecution.
7. PERSONAL DATA
BRUT may collect personal data concerning you when you use the Applicaion. The way in which BRUT processes this personal data is described in the Privacy Policy.
8. COOKIES
The Website uses cookies. For further information, please consult the Website's Cookie Policy.
9. PARTIAL INVALIDITY/NON-WAIVER/INTUITU PERSONAE
If one or more provisions of these General Terms of Use are considered as invalid or declared as such under a law, a regulation or a final decision of a competent court, the other provisions shall retain their full force and effect.
The parties further agree to replace the null or invalid clause with a clause closest in content to that originally agreed.
The fact that BRUT does not exercise, for a certain period of time, any of the provisions of these General Terms of Use shall not be interpreted as a waiver of BRUT's right to rely on such clause in the future.
These General Terms of Use are concluded on an intuitu personae basis. Consequently, they cannot be assigned by one party without the express and prior consent of the other party. BRUT is nevertheless authorized to assign these General Terms of Use as well as the personal data files relating thereto in the event where a third company would purchase either BRUT, or one or more of its lines of business if they include use of the Application and subject to compliance with applicable law.
10. FOLLOW-UP OF CLAIMS/DISPUTE RESOLUTION
For any claim relating to your use of the Application, please contact: [email protected] If a dispute with BRUT could not be resolved by these means, you may use mediation or other alternative means of dispute resolution.
11. APPLICABLE LAW
These General Terms of Use are subject to French law.
Date of last update January 5, 2019