General terms and conditions of sale
1. Preamble
The website subject of the present general terms and conditions of sale (hereinafter the ‘Website’) is operated by GDM et/ou ses sociétés affiliées, (hereinafter ‘Global Digital Media SA’) which have developed, from the Website, a social network allowing their members, after creating an account on the Website, to interact with one another. (hereinafter the ‘Services’).
GDM et/ou ses sociétés affiliéesprovides the Website for Internet users to communicate with each other widely by means of multi-criteria direct messaging and represents a passive connection of online publications, profile dissemination and other information for entertainment purposes (media). The Services are not counselling nor a matchmaking service, and GDM et/ou ses sociétés affiliées_does not arrange meetings between Members. Use of the Services is intended for personal and private purposes only. These Services are exclusively reserved for Members registered on the Website in compliance with the present general terms and conditions of sale (hereinafter the ‘T&C’).
2. Prerequisites
Members declare that they have obtained all the necessary information from GDM et/ou ses sociétés affiliées regarding the Services offered and that they adhere without restriction or reservation to these T&Cs.
Members acknowledge that the use of the Website requires compliance with all the provisions defined in these T&Cs.
Members can benefit from the Services offered to them on the Website subject, where applicable, to payment of the chosen Subscription and compliance with the following prerequisites:
- Be of legal age (i.e. eighteen (18) years or older) on the day of registration on the Website;
- Have the legal capacity to commit themselves under the present T&Cs;
- Have the appropriate computer equipment to access the Website;
- Have a valid e-mail address.
3. Definitions
The following terms shall have the following meanings between the Parties:
- ‘Subscription’ means a paid plan to provide access to the Services offered in the Subscription, over a limited period of time specified in the relevant Subscription purchased by a Member.
- Member’: any natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, artisanal, liberal or agricultural activity, having completed the registration process on the Website.
- ‘Subscriber: Member having subscribed to one or more of the Subscriptions offered by GDM et/ou ses sociétés affiliées
- ‘Account’: the area of the Website reserved for Members and Subscribers.
- ‘Services’ means all the services offered by GDM et/ou ses sociétés affiliées accessible to Members and Subscribers via the Website. There are two (2) types of Services: Basic Services and Additional Services. The Members and Subscribers concerned are informed of their essential characteristics before taking out a Subscription.
4. Purpose and scope
The purpose of this document is to set out the general terms and conditions of sale of the Services offered by GDM et/ou ses sociétés affiliées to its Members.
The present T&Cs are concluded between the companies GDM et/ou ses sociétés affiliées and any person having acquired the status of Member.
They apply to the creation of an Account on the Website by a Member and to any subscription by a Member to the Company GDM et/ou ses sociétés affiliées. The Member is required to read the T&Cs before creating an Account and taking out any Subscription. The selection and purchase of a Subscription are the sole responsibility of the Member.
The Member declares that he/she has read and accepted the present T&Cs by ticking the box provided for this purpose before creating an Account and/or subscribing online to a Subscription. Unless proved otherwise, the data recorded in the computer system of the companies GDM et/ou ses sociétés affiliées constitutes proof of all transactions concluded with the Subscriber via the Website.
The validation of a Subscription by the subscriber implies acceptance without restriction or reservation of the present T&Cs.
As these T&Cs may be subject to subsequent modifications, the version applicable to the creation of an Account or the purchase of a Subscription by the Member is the one in force on the Website at the date of the creation of the Account or the subscription.
5. Enforceability
The present T&Cs are binding on the Member as soon as they are accepted by the latter, before the creation of an Account and the purchase of a subscription.
The GDM et/ou ses sociétés affiliées companies reserve the right to make any changes to the present T&Cs that they deem necessary and useful. They will use their best efforts to inform Members of the existence and the coming into force of new T&Cs.
Following the coming into force of the new T&Cs and in any case, the Member may renounce to use the Services but remains responsible for any previous use.
Members may access the archived T&Cs by making a request by e-mail to the following address: customer@mainpay.net.
6. Registration on the Website and opening of an Account
6.1 Registration on the Website
6.1.1 Registration via the Website
The possibility of taking out a Subscription is reserved for Members only.
To create an Account and become a Member, the Internet user must first register by filling out the form available online on the Website.
Two (2) registration procedures are available:
-
Registration via Facebook connect;
-
Registration via the online form.
-
Registration via Facebook connect
Step 1: To facilitate the registration process, the user can use his or her identification information from his or her Facebook user account by entering his or her user name and password.
Using the Facebook connect application, the fields required for registration will be filled in automatically with information retrieved from the user’s Facebook account, under his or her sole responsibility.
The data collected from the user’s Facebook account and the purpose of the processing are as follows:
- E-mail: the purpose of processing this data, which is mandatory for the user’s registration, is to send electronic communications to the Member,
- Date of birth: the purpose of the processing allows the Member’s age to be shown on his/her profile,
- Gender: the purpose of the processing is to create an account that conforms to the user’s gender,
- Photographs: the user has the option to import photographs from his/her Facebook account in order to fill out his/her profile. By default, five photographs are automatically imported. The Member is free to replace these photographs with other photographs from his/her Facebook account. The purpose of the processing allows the Member to fill in his/her profile more easily.
The use of the Facebook connect application is a simple technical possibility offered to the Internet user in order to facilitate his/her registration and to fill in the fields of the Service registration form. Facebook connect is a third-party service to the Services. The companies GDM et/ou ses sociétés affiliées do not guarantee the proper functioning or reliability of the information provided through this application.
No information related to the registration on the Website will be displayed on the user’s Facebook account.
Step 2: The user takes note of the present T&Cs and accepts them by ticking the box provided for this purpose; if he/she does not accept them, he/she must stop the registration procedure and leave the Website immediately.
Step 3: Once the profile has been correctly filled in, the user validates the registration form and receives an e-mail confirming his/her registration at the e-mail address provided.
Once the registration is confirmed by the user, the latter becomes a Member subject to article 7.2 below.
- Registration via the online form
The registration process via the online registration form on the Website includes the following steps:
Step 1: The Internet user completes the online registration form on the Website by filling in the necessary fields, some of which are mandatory. Some of the information requested constitutes the user’s profile and will be accessible to other Members of the Service: it must be accurate and updated regularly.
Step 2: The Internet user reads the T&Cs and accepts them by ticking the box provided for this purpose; if he/she does not accept them, he/she must stop the registration procedure and leave the Website immediately.
Step 3: Once the profile has been correctly filled in, the user validates the registration form and receives an e-mail confirming his/her registration at the e-mail address provided.
Once the registration has been confirmed by the user, the user becomes a Member of the Service subject to Article 7.2 below.
As part of the use of the Services, First Step technology is offered to Members. This technology uses an algorithm whose functionality allows the connection of members by affinity.
6.1.2 Registration via a mobile application
Mobile application purchase platforms for mobile phones, digital tablets or any other digital communications device connected to the Internet allow the download of an application dedicated to the use of the Website and/or the Website Services. The Member who wishes to use it must therefore have a mobile Internet connection.
This application offers the possibility to the Internet user to create an Account and to become a Member from, for example, a mobile phone. It also allows users to take out Subscriptions.
The purchase and use of Subscriptions, including those purchased from a mobile application, are subject to the present T&Cs.
6.2 Pending profiles
Once registered, the Member’s profile is displayed as ‘pending’: during this period, the duration of which is variable, the Member’s profile is subject to verification by the companies GDM et/ou ses sociétés affiliées in order to ensure that the data and information provided by the Member complies with these T&Cs.
Finally, the user is offered the exclusivity to multiply his/her interactions on other sites if he/she is already registered or if he/she wishes to benefit from more contacts. Subject to the Member’s express agreement, his or her profile may be made available on other Internet Sites in line with his or her search.
In case of non-compliance with the T&Cs, the Member is informed by e-mail of the rejection of his/her profile and is advised to modify it.
If the Member does not modify his/her profile in accordance with the T&Cs, the companies GDM et/ou ses sociétés affiliées reserve the right to refuse him/her permanently.
Regardless of the method of registration chosen, the Member guarantees that the data communicated at the time of registration is accurate and true. In case of change of this data, he/she commits himself/herself to proceed to the necessary modifications on his/her Account directly.
GDM et/ou ses sociétés affiliées are not obliged and do not have the technical means to ensure the identity of the persons registering on the Website and opening an Account.
7. Subscription and financial terms
7.1 Subscription Payment Terms
To take out a Subscription, the Member must first create his or her Account, choose his or her Subscription and the payment method.
As a matter of principle, Subscriptions to Basic Services and Additional Services are subject to payment at the rates in effect at the time of their subscription. Prices shall be expressed in the currency of the Member’s country. These rates are firm and non-revisable during their validity period. The price is payable in cash at the time of Subscription, by credit card or bank transfer.
As an exception, in order to allow Members to discover the functionalities of the Basic Services, access to a limited version of these Services is offered free of charge.
This free and limited access does not allow users to use all the features of the Website and does not allow users to meet other Members.
In addition, female Members wishing to be matched with a male Member have access to the Basic Services, which are free and complete, with the exception of the Additional Services, which remain payable.
Where access to the Services is free of charge, whether in whole or in part, GDM et/ou ses sociétés affiliées reserves the right to change the terms of access.
The Member purchases a Subscription for the duration selected by the Member, at the price displayed online at the time of subscription and according to the payment methods proposed on the Website and chosen by the Member.
For Subscriptions with the duration of three and six months, the terms of payment of the price are monthly from the second renewal.
Access to the selected Subscription Services is available upon receipt by GDM et/ou ses sociétés affiliées of the Member’s payment. Access to the Services concerned by the selected Subscription is immediate when payment is made by credit card. In the event of an unsuccessful recurring payment, an administrative fee up to 2€ may be applied in order to keep your subscription active until the full subscription fee can be processed successfully. A processing delay is necessary when payment is made by bank transfer; in this second hypothesis and when the Services of the selected Subscription are not accessible to the Member after a period of fourteen (14) days from the transfer, the Member is advised to send a message to customer service by means of the form accessible from his/her account via the ‘help’ menu, to which the customer service commits itself to respond as soon as possible.
GDM et/ou ses sociétés affiliées reserves the right to offer temporary promotional Subscription offers to new Members or Subscribers who have been Members for a certain period of time. The financial terms proposed are exceptional and cannot be the subject of any claim by other Members.
In general, the cancellation of Subscription renewals can be carried out under the conditions of Article 17 ‘cancellation’ of the present T&Cs.
• Mobile Application/AppStore
• AppStore
The Member may create his or her Account under the conditions set forth in Article 6.1.2. He/she will then be able to choose from one of the proposed Subscriptions.
- Android
The Member may create his or her Account under the conditions set forth in Article 6.1.2. He/she will then be able to choose from one of the proposed Subscriptions.
7.2 Subscriptions
7.2.1 Purchase of a Services Subscription
The Member selects on the Website the Subscription to which he/she wishes to subscribe. The Subscriber is informed in advance, via a dedicated order interface, of the price of the Subscription and the various means of payment available to him/her. The Member has the possibility to check the details of his/her order, its total price and to correct possible errors before confirming his/her acceptance. This validation implies the acceptance of the entirety of the present T&Cs.
Subscribers or Members may order one or more additional Subscriptions giving them access to advanced features of the Website according to the plans detailed on the Website.
The ordering process for one of the paid Subscriptions is done in two (2) confirmatory steps:
Step 1: The Member is informed in advance, via a dedicated order interface, of the price of the Subscription and of the possibility of using his/her usual means of payment: he/she has the possibility of expressly validating or refusing the order or of modifying his/her usual means of payment;
Step 2: The Member is informed through the same dedicated interface that his/her order is confirmed.
The sale of the Subscriptions will only be considered final (and the contract concluded) after GDM et/ou ses sociétés affiliées has sent confirmation of acceptance of the order to the Member by e-mail.
Step 3: Members can choose to increase the number of their social interactions by choosing to expand the visibility of their profile on partner services. This choice is offered to the Member after validation of the first steps of his or her registration to the service. The selection of this option implies that the Member gives his/her express consent to the sharing of his/her registration data with partner services.
7.2.2 Order Tracking
At the end of the Subscription process or of the purchase of a new Subscription, the Member can access online, on a permanent basis on the interface of his/her Account, the detailed summary of his/her Subscriptions ordered.
7.2.3 Satisfied or refunded
The Company takes great care to provide its Members with a quality user experience. In the event that the Member is not satisfied with the user experience offered, the Member may request a refund of the initial subscription within fifteen (15) days of said subscription, provided that the Member has logged on at least three (3) times per week and sent at least twenty (20) messages per week during this period.
7.3 Fees
All costs related to access, whether hardware, software or Internet access, shall be borne exclusively by the Member.
8. Right of withdrawal
The Member has the right to retract during a period of fourteen (14) calendar days from the conclusion of the sale, without having to give any reason and without any sum being due. To withdraw, the Member shall send the withdrawal form attached to these T&Cs and made available here, by e-mail to customer@mainpay.net or to the following postal address:
Global Digital Media SA / Customer Service C/O Fidelex, Place du Molard 4, 1204 Genève - Suisse
In the event that a Member exercises their right of withdrawal, GDM et/ou ses sociétés affiliées shall refund all sums paid within fourteen (14) days of the date on which it was informed of the Member’s decision to withdraw.
9. Obligations of GDM et/ou ses sociétés affiliées
9.1 Quality of Services
GDM et/ou ses sociétés affiliées strives to provide quality Services. They allow Members to use the means of communication made available to them in the best possible conditions.
Due to the nature and complexity of the Internet, and in particular its technical performance and response times for consulting, querying or transferring data, the GDM et/ou ses sociétés affiliées companies make their best efforts, in accordance with good practice, to allow access to and use of the Services.
The GDM et/ou ses sociétés affiliées companies cannot be responsible for the proper functioning of the Member’s computer equipment and Internet access.
9.2 Maintenance and update
The GDM et/ou ses sociétés affiliées companies make their best efforts to provide efficient Services to Members and to maintain the Services in optimal operational condition.
The GDM et/ou ses sociétés affiliées companies reserve the right to temporarily shut down access to the Services for purposes such as, but not limited to, upgrades, maintenance, modifications or changes in operational methods, hours of availability, without this list being exhaustive.
The GDM et/ou ses sociétés affiliées companies may not be held liable for damages of any kind that may arise from the impossibility of access, or poor user conditions of the Services due to non-adapted equipment, internal malfunctions related to the Member’s access provider, congestion of the Internet network and for any other external reasons having the character of a case of force majeure.
The GDM et/ou ses sociétés affiliées companies have the right to add to or improve the Website, as well as the Subscriptions and Services available on it at any time as technology evolves and shall notify Members of such by all means.
9.3 Moderation
The GDM et/ou ses sociétés affiliées companies are under no obligation to monitor, moderate or control the exchanges and content posted on the Website by Registered Members.
The GDM et/ou ses sociétés affiliées companies are not directly involved in the creation of the content of the profiles. They ensure, at the time of the Member’s registration and the purchase of a Membership, compliance with the present terms and conditions but they do not control that the information submitted is correct or valid nor do they monitor the subsequent modifications of the profile made by the Member concerned.
The GDM et/ou ses sociétés affiliées companies are not involved in the relations and exchanges between Members.
The GDM et/ou ses sociétés affiliées companies undertake to take action when content, behaviour or use is illicit or does not comply with the present terms and conditions when notified to them in accordance with article ‘Notification of unlawful content’ of these terms or reported using the ‘Report abuse’ link present on the profile of all registered Members. The GDM et/ou ses sociétés affiliées companies will take whatever action they deem most appropriate to the situation.
The GDM et/ou ses sociétés affiliées companies reserve the right to remove any content that does not comply with these terms and conditions, after informing, circumstances permitting, the Member concerned.
The GDM et/ou ses sociétés affiliées companies are actively fighting against the creation of fake profiles and are taking many actions to help in this regard.
In order to comply with the laws and regulations in force, the Member undertakes in particular to:
- respect the rules of public order and morality, such as the regulations governing pornographic, racist or illicit content likely to damage the integrity of another Member or customer service by means of text messages or provocative images;
- respect the rights of individuals and the rules relating to respect of the privacy of individuals: discriminatory, defamatory, offensive, rude, vulgar, insulting, denigrating and degrading comments are therefore prohibited;
- comply with regulations relating to computer fraud;
- not damage the image or reputation of the Website, the Services or any individual or legal entity.
9.4 Security
The GDM et/ou ses sociétés affiliées companies shall make their best efforts, in accordance with good practice, to maintain Website security.
Considering the exponential nature of technological developments, GDM et/ou ses sociétés affiliées cannot guarantee absolute security of the Website or the absence of defects.
10. Members’ obligations
10.1 Profile accuracy
The Services allow the Member, upon registration and when he/she accesses his/her profile, to fill it in with data relating to his/her personality and looks in conformity with the laws and regulations in force. To enable reliable exchanges between Members, each of them shall supply correct data, in compliance with laws and regulations and regularly update them.
The Member shall not share his/her Accounts with other persons or give a minor access to his/her Accounts.
The member shall not supply at registration or when updating his/her profile, identification data which do not correspond to reality or to use the identity of a third party.
Photographs uploaded by the Member must:
- Only show the Member
- Not show unrelated elements (landscape, animals, etc.);
- Not contain text;
- Be respectful of rules of good conduct: no nude, suggestive, sexually charged photographs or photographs of minors.
Members are not allowed to include telephone, postal or electronic contact information on their profile. The Member is prohibited from transmitting his or her contact details (Skype, etc.) by any means whatsoever and to anyone. Members are also strongly discouraged from allowing themselves to be filmed by another Member, as well as from sending money, by any means whatsoever and under any pretext whatsoever, to another Member.
10.2 Proper use
Once registered, and subject to having subscribed, where appropriate, to one (1) or more Subscriptions suggested to him/her, the Member will benefit from access to the Services, according to the Subscription’s conditions.
The Member is responsible for his or her use of the Services and for his/her actions on the Website. The Member undertakes to fairly use the Website, in compliance with the present terms and conditions. The Member’s behaviour when using the Services must respect rules of conduct.
The Member shall refrain from making any comments that violate the rights of others or that are defamatory or insulting and, in general, from making any comments or content that are contrary to the purpose of the Services and to the laws and regulations in force.
The Member shall refrain from disseminating, in any form whatsoever, information or content that includes links to third-party sites that are illegal, contrary to morality and/or contrary to the purpose of the Services.
The member shall notify any manifest illicit content, in accordance with the procedure under article ‘notification of unlawful content’ of the present terms and conditions.
The Member also has the possibility of reporting to GDM et/ou ses sociétés affiliées the profile of a member not respecting the present terms and conditions through the ‘Report abuse’ link present on the profile of all the registered Members.
The member shall not behave in an manner that is illegal or constitutes fraud towards the GDM et/ou ses sociétés affiliées companies, other members and third parties.
Overall, the member shall report any defective services he/she notices to GDM et/ou ses sociétés affiliées by means of the ‘help’ menu accessible on the Website.
The violation of any of these obligations by a Member constitutes a serious breach. Any behaviour that does not follow the above rules may be penalised under the conditions of the article ‘termination’ of the present terms and conditions.
10.3 Social interactions
In addition to the provisions of these terms and conditions and other contractual documents, the Member is fully responsible for all the Content that he/she uploads in the dedicated areas provided as part of the Service. The Content must comply with the legislation in force in the Member’s country.
The companies are not directly involved in the creation the content of the profiles. They ensure, at the time of the Member’s registration and the purchase of a Membership, compliance with the terms and conditions but they do not control that the information submitted is correct or valid nor do they monitor the subsequent modifications of the profile made by the Member concerned.
Likewise, companies are not involved in the relations and exchanges between Members.
As a social media technology platform, we think it worthwhile to specify to our users, some principles that highlight appropriate behaviour on the platform.
Act with good sense
Thus, before publishing any information on the Internet, the Member must always bear in mind that what he or she writes on the Internet is liable to subjective interpretation.
Act with caution
Before publishing a comment or a message on a social network, the Member must always ask himself/herself what the consequences may be. Data on the Internet can be viewed by everybody and are infinitely reproducible and easily searchable.
Act in accordance with the terms and conditions
Any use of the service, like with any social network, must be carried out in compliance with the law and the conditions of use specific to the services used. It is therefore imperative that the Member examine them.
Respecting the communication contract.
The Member shall refrain from making any comments that could harm his/her contacts or other Members. We strongly encourage Members to Report errors and illegal behaviour on the Service according to the formalities set out in Article 14 ‘Notification of unlawful content’.
Use the tools provided by the Service wisely
As a technical platform promoting social interactions, we have developed technical features to encourage interactions between members (messages, chat, videos, speedflirt etc..).
Use of Private Messages/Chat
Any attempted fraud, commercial communications and phishing will immediately lead to the permanent closure of the user account. Commercial interference is strictly forbidden on profiles or in private messages and chat.
Use of Speedflirt: to make it easier for Members to get in touch with each other, we have designed this feature which allows us to suggest messages to momentarily uninspired Members, to help them introduce themselves and interact quickly in ‘digital speed dating’ style. In any case, these messages are optional and not mandatory. The Member can send the message of his or her choice.
Features as well as your interactions on the service (Speedflirts, swipes etc...) are limited on a daily basis according to the chosen subscription plan. A pop-up window will offer you to upgrade your current plan when you have reached your limit. The counter is reset to zero each day at midnight local time.
For his or her own safety, the Member must choose carefully the information he or she publishes on his or her profile and, more generally, in every area where the service allows it.
Comments are free as long as they respect the basic rules of good behaviour and are subject to moderation. In order to preserve dialogue and respect, the moderator can remove, after preliminary warning if possible, any comments punishable by law and the provisions below.
The Member cannot use our service:
• If he or she does not accept the general conditions of use;
• If he or she is a minor. This service is reserved strictly to persons of legal age;
• To communicate personal details to any other member via the messaging system or the webcam chat;
• For professional, advertising, promotional or commercial purposes;
• To harm anyone in any way by disseminating messages or content contrary to laws and regulations, good morals, public order, rights of third parties or offending the sensibilities of minors;
• To provide content contrary to the provisions of the editorial charter of our service and to good morals. Any infringing content will be systematically deleted without notice;
• To disseminate any offensive content, personal invective, insults, denigration, threats, inciting hatred, violence, suicide, terrorism, harassment or threats to another User or third party,
• To disseminate any content that is defamatory, or prejudicial to others on grounds of nationality, religion, sexual orientation, gender identity, disability or social background;
• To disseminate content intended to degrade the service (viruses, spam, worms, software, etc.);
• To disseminate hypertext links to sites not respecting the laws in force, as well as illegal or immoral sites;
• To disseminate hypertext links to Websites that are external to the company, regardless of the subject matter;
The following may also be deleted:
• Comments and contributions that are off-topic, unnecessary, or redundant (spam), with no particular contribution to the exchanges,
• Any comments that encourage excessive or inappropriate consumption of alcohol, or that promote drunkenness.
• Comments and messages for commercial or advertising purposes,
• Links to any external sites whose content may be contrary to the laws and regulations in force,
• Private conversations on the page, exchanges of private contact information and personal questions,
• Comments hurting any image, privacy or intellectual property and patent rights
• Comments that violate the privacy of a third party.
10.4 Safety
The Member is prohibited from fraudulently remaining or accessing all or part of the Website. Using any access method other than the interface and instructions provided by GDM et/ou ses sociétés affiliées is forbidden
If such a method is discovered or if the Member inadvertently enters a reserved area, the Member undertakes to immediately inform GDM et/ou ses sociétés affiliées of the same at the following address: customer@mainpay.net to enable it to take the measures needed.
The Member is prohibited from deleting or modifying data contained on the Website, from fraudulently introducing data and from altering the functioning of the Website. In particular, he/she shall ensure that he/she does not introduce viruses or other material, which is malicious or technologically harmful to the Website or the Services offered.
The member is not permitted to carry out any operation to saturate a page, rebound operations or any operation which could result in disturbing or distorting the operation of the Website.
Any access to an unauthorised space shall be considered fraudulent access as provided by the criminal code.
All the data obtained through unauthorised access to the space will be considered by the Member as confidential and not disclosed to third parties.
The Member shall take all measures necessary to ensure his or her own security, in particular the management of his or her personal ids and access codes, which he or she promises to keep confidential.
11. Technical assistance
The GDM et/ou ses sociétés affiliées companies provide Members with a customer service which can supply all necessary information on the use and Services of the Website.
GDM et/ou ses sociétés affiliées makes its best efforts to provide Services accessible to all Members in the best conditions.
The GDM et/ou ses sociétés affiliées companies cannot guarantee absolute technical compatibility of the additional functions and services it proposes in the service as their correct operation is subject to the software and hardware compatibility of the computer equipment used by the Members.
The use of a mobile application for the use of the services requires that the Member previously owns a compatible device with a mobile Internet connection. Prior to the application download, the Member should refer to the conditions of use of the application on the download platform to learn about the necessary configuration.
Should a Member experience difficulties to access and/or use one of the Services provided on the Website, he/she can contact customer services at any time via the online form via the ‘help’ menu of the Website.
12. Intellectual Property
12.1 Services elements
The present terms and conditions do not include, to the benefit of members, any transfer of intellectual property rights on the elements belonging to GDM et/ou ses sociétés affiliées
The content of the Website, the denomination of the Services, brands, drawings, models, images, texts, photos, logos, graphics, software and programmes, search engines, databases, sounds, videos, domain names, designs or any other information or media presented by GDM et/ou ses sociétés affiliées on the Website, without this list being exhaustive, are the exclusive property of GDM et/ou ses sociétés affiliées and are protected by the laws and regulations relating to intellectual property in force.
Any reproduction and/or representation, in full or in part, of one of those elements, without the explicit authorisation of Global GDM et/ou ses sociétés affiliées will be construed as counterfeiting and punishable under Intellectual Property Laws.
Accordingly, the member shall refrain from any act or action which could affect directly or indirectly the intellectual property rights of GDM et/ou ses sociétés affiliées
The Member can in no way use, print or reformat the content of the site for purposes other than for private or family use.
He or she shall not download, copy, transmit, sell, distribute or use the content of the platform and the Websites.
12.2 Elements of third parties
The intellectual property rights attached to the elements of the Website belonging to third parties, whose use has been entrusted to the company, such as brands, drawings, models, images, texts, photos, logos, without this list being exhaustive, are the exclusive property of their author and are thus protected by copyright, trademark rights or any other right recognised by the laws and regulations relating to intellectual property in force.
The member shall not undermine, directly or indirectly, the property rights of third parties, whose content is present on the Website and shall not use, in any way, the names, brands, logos, software, information, databases and all the documents communicated to him/her, in general, in the case of the application of the present terms and conditions.
The Member agrees to respect the rights of third parties whose content is present on the Website and abstains from creating any analogies in the mind of the public for any purpose.
12.3 Elements uploaded by the member
The Member grants to GDM et/ou ses sociétés affiliées a licence of use of the intellectual property rights attached to the elements he/she puts online, which are his/her exclusive property and which are protected by the laws and regulations relating to the intellectual property in force.
The Member may make his or her profile containing his or her photograph on other partner sites by visiting the ‘My Account’ tab.
This Licence of use conceded by the Member to GDM et/ou ses sociétés affiliées covers the right of GDM et/ou ses sociétés affiliées to copy, represent, adapt, translate, digitalise, use for execution of the Services or sublicence elements regarding the Member on the Services, or on any electronic communication means in the context of the services (in particular email, sms, mms, Internet).
The Member authorises GDM et/ou ses sociétés affiliées to modify elements to comply with the graphic charter or to make them compatible with its technical performance or any format supplied in the context of the service.
The usage licence is granted by the Member to GDM et/ou ses sociétés affiliées for the whole world, and for the duration of online access of those elements by the member.
The Member undertakes to take all the necessary measures to protect these rights against all third parties and guarantees peaceful tenure of these rights to GDM et/ou ses sociétés affiliées
13. Liability and warranty
In the context of the provision of Services,GDM et/ou ses sociétés affiliées are subject to an obligation of means.
In accordance with the legislation in force, GDM et/ou ses sociétés affiliées cannot accept civil liability for activities or information stored at the request of members, unless GDM et/ou ses sociétés affiliées was duly notified of illicit content under the conditions of article ‘notification of unlawful content’ and did not react promptly to remove it.
Members acknowledge and accept that the elements they provide, as well as their behaviour or their words on the Website can be reported by other members and a subsequent check by GDM et/ou ses sociétés affiliées based on objective assessment criteria, without prejudice to the appropriate application of the ‘Termination’ article of the present terms and conditions.
The member recognises and accepts that the disclosure of information on the Website is his/her sole responsibility, and relinquishes any claim on GDM et/ou ses sociétés affiliées, in particular on the basis of his/her right to image, his/her honour and reputation, the intimacy of his/her private life, resulting from his/her distribution of that information, unless otherwise it is duly proven by the Member. The member is solely responsible for possible prejudice caused by the disclosure of such information. The Member is solely responsible for any damage that might be caused as a result of disclosure of this information.
The Member guarantees and releases GDM et/ou ses sociétés affiliées from any claim and condemnation originating from default of the obligations the member is subject to by law or the present terms and conditions.
The Member cannot hold GDM et/ou ses sociétés affiliées liable for any delay in information provided to him/her.
The responsibility of GDM et/ou ses sociétés affiliées cannot be sought in case of fraudulent or abusive use or due to voluntary or involuntary disclosure of the username and/or password for connecting to the member account.
The GDM et/ou ses sociétés affiliées companies cannot be held responsible for the violation of these terms and conditions by a Member, nor for their actions on the Website whether or not they constitute a fault.
The exchanges between Members, the profiles, the descriptions and other announcements are incorporated within the framework of entertainment and communication. GDM et/ou ses sociétés affiliées only provides a technical platform and cannot guarantee that exchanges between Members actually lead to encounters. Furthermore, GDM et/ou ses sociétés affiliées can in no way be held responsible for encounters on or off the Website or for the correspondence between the information provided on the Website and reality.
The GDM et/ou ses sociétés affiliées companies endeavour to check the reliability of information and data of the member profiles, in particular by checking compliance with the present terms and conditions and the information supplied at the creation of an account. However, each Member can later modify certain information on his/her profile. The GDM et/ou ses sociétés affiliées companies cannot guarantee the accuracy of the information provided by Members, nor protect the Members against identity theft.
GDM et/ou ses sociétés affiliéesprovide Additional Services to enhance communication and to promote the visibility of a Member’s profile on the Website. However, those services are provided up to the same services other members might subscribe to: in case of a multiplicity of members’ requesting for a service or for technical reasons linked to the correct management of the Website operation, the member recognises that GDM et/ou ses sociétés affiliées cannot guarantee an unlimited period for the promotion of visibility of the member’s profile or the effectiveness and uninterrupted availability of the additional service to which the member subscribed.
Partner websites may be accessible to users through hypertext links such as advertising banners. The GDM et/ou ses sociétés affiliées companies cannot be held responsible for the data and information provided by any of their business partners.
14. Notification of unlawful content
GDM et/ou ses sociétés affiliées undertake to take action when content, behaviour or use is unlawful or does not comply with the present terms and conditions when notified to them in accordance with this article or reported using the ‘Report abuse’ link present on the profile of all the registered Members.
In such circumstances, GDM et/ou ses sociétés affiliées will take whatever action they deem most appropriate to the situation.
GDM et/ou ses sociétés affiliées reserve the right to remove any content that does not comply with these terms and conditions, after informing, circumstances permitting, the Member concerned.
GDM et/ou ses sociétés affiliées are actively fighting against the creation of fake profiles and are taking many actions to help in this regard.
Any notification of illegal content to GDM et/ou ses sociétés affiliées must include the following information:
• Date of notification;
• If the notifier is a natural person: name, first name, profession, residence, nationality, date and place of birth; If the notifier is a legal entity: its form, name, registered office and the body that legally represents it;
• The name and address of the addressee or, if it is a legal person, the name and registered office;
• The description of the contentious facts and their precise location (with a copy of the precise URL address of the content);
• The reasons why the content should be removed, including the legal provisions and the factual justifications;
• The copy of the correspondence addressed to the author or editor of contentious information or activities and requesting their interruption, withdrawal or modification, or the justification that the author or editor could not be contacted.
The Member shall notify such content in accordance with the information referred to in this article by sending a letter to the following address:
Global Digital Média SA company/customer service C/O Fidelex, Place du Molard 4, 1204 Genève - Suisse
Members are reminded that wrongly representing content or activity as illicit with the purpose of having it removed or to stop its diffusion, whilst knowing that information is incorrect, is punishable by a year prison and a 15,000 Euros fine.
15. Personal data
All personal data potentially collected for registration on the Website is intended for use by GDM et/ou ses sociétés affiliées, responsible for processing:
• E-mail: the purpose of processing this data, which is mandatory for the user’s registration, is to send electronic communications to the Member,
• Date of birth: the purpose of the processing allows the Member’s age to be shown on his/her profile,
• Gender: the purpose of the processing is to create an account that conforms to the user’s gender,
• Sexual preference : the purpose of the processing is to create an account in accordance with the user's research,
• Photographs: the user has the option to import photographs in order to fill out his/her profile. By default, five photographs are automatically imported. The Member is free to replace these photographs with other photographs. The purpose of the processing allows the Member to fill in his/her profile more easily.
This data collection allows the creation of an Account by the Member, prior to his or her use of the Website and to the possible Subscription. If the user refuses to provide the information, he/she would not be able to use the Website and, possibly, subscribe.
The data collected is intended for internal use only, and may be accessed by persons acting under GDM et/ou ses sociétés affiliées and on their instructions.
By exception, bank account information are communicated to service providers in charge of managing and payment of Services and Subscriptions. The Member expressly consents that the above-mentioned bank account information will be communicated to said service providers and for the sole purpose referred above.
Another exception, the personal data collected during registration on the Website may be communicated to commercial partners only with the express agreement of the Member or Subscriber and in order to facilitate their registration for additional Services.
This data is only kept for a period strictly related to the purpose of treatment and a maximum of two years from the last visit of the Member on the Website. The subscriber may also be visible and exchange with Members of other platforms if he/she so wishes.
This data may be provided by GDM et/ou ses sociétés affiliées with the sole purpose of providing quality Services. The Member expressly consents to this communication.
They are intended to suggest to Members possible dates in line with their personality. With the exception of the Member’s e-mail address, which is mandatory for registration, the Member is under no obligation to provide any other personal data, without effect on the contract.
Personal data may be transferred to the following business partners: DNX Network Sarl, X CASH, Flirt Revenue, Wellhello, Proximeety, and Salamandra Web SL. The Member has the possibility to delete his or her transfer authorisation via the dedicated section on his or her account accessible through the menu ‘My Account’, ‘My Settings’.
It is strictly forbidden to retrieve, use or transmit to third parties any personal data from the Website, regardless of its use. It is also strictly forbidden to contact in any way whatsoever or to send ‘junk mail’, ‘spam’, mailings to current or past Members or Subscribers of the Website.
In accordance with the law and regulations in force, the Member has a right of access, rectification, erasing and limitation of his or her personal data. The Member also has a right of objection, for legitimate reasons,to the processing of his or her personal data.
The Member also has a right of objection, for legitimate reasons, to the processing of this data.
In addition, the Member has the right to inform the controller (at GDM et/ou ses sociétés affiliées of his/her instructions as to the future of his/her data after his/her death.
Finally, the Member has the option to request that his/her data be exported to a third party when he/she has consented to the collection of such data or when such data have been collected as part of the performance of a contract.
All these rights can be exercised with Global Digital Média SA, Customer Service, by registered mail with acknowledgment of receipt accompanied by a proof of identity.
Global Digital Média SA has a two (2) month to respond, from the receipt of said mail.
In addition, the Member has the possibility to lodge a complaint with a data protection authority.
In the event that the Member has reason to believe that his personal data has been used, the latter must promptly notify Global Digital Media SA.
16. Traceability
In order to provide an easily accessible and personalized Service, GDM et/ou ses sociétés affiliées keeps the connection history of the Members on the Website and follows the navigation of these members through cookies, in compliance with the data-processing and liberty law.
GDM et/ou ses sociétés affiliées keeps a copy of the data and contents allowing to identify any person who contributed to the creation and/or the posting of defamatory or abusive content, even when the content is deleted by the Member, for a period of one (1) year from the first publication of the said content.
17. Unsubscribing from the Website and termination of a membership
17.1 Unsubscribing from the Website
A Member’s Account can be automatically deactivated in the event of prolonged inactivity by the Account Member. In this case, GDM et/ou ses sociétés affiliées will delete all data related to the inactive Account after a period of two (2) years from the last connection to the Account. The Member can terminate his/her account at any times on the Website, without any other costs than those of the transmission of his/her request and without justification, via the section on his/her account accessible through the menu ‘My settings’, then ‘My subscription’ or any other means which could be indicated to him/her in that section. This request will be considered to have been effected by the first week day following receipt by the competent service. This request does not entail any refund of the period of the subscriptions remaining.
A subscribing Member can only unsubscribe from the Website if he or she previously cancelled his or her membership.
17.2 Duration of the Subscription
Subscriptions are entered for the chosen period by the subscriber during the subscription procedure.
In the event of payment by transfer, the Subscription will not be renewed on the due date.
In case of payment by credit card, the Subscription will be automatically renewed on the due date by successive periods equivalent to those initially chosen by the Member, except in the event of a termination notified by the latter in the conditions indicated in Article 17.3. The Renewed Subscription will be billed to the Member based on the rate base and frequency of the Subscription initially subscribed by the same Member.
17.3 Termination of a membership
Termination can be made using the "Cancel my renewal" option in the "My Account" menu.
Unless otherwise stated at the time of subscription, the automatic renewal of a Subscription can be stopped between 2 days after purchase and at least 2 days before the renewal date.
The one-week trial offer applies to the two-week subscription, with the first 7 days offered at a reduced price to allow Members to explore the Site. Some features remain limited. This subscription is automatically renewed for the same period (14 days), unless you cancel it free of charge. If you choose to cancel within the allotted timeframe, your access will be removed once your request is registered.
The 2-week subscription is automatically renewed for the same period unless you cancel. If the cancellation is made after the first week, it will be registered but will only take effect at the end of the next renewal period. This means you can continue to use the service until the scheduled end date. A confirmation on a durable medium will be sent to you.
The monthly subscription is automatically renewed each month on the anniversary date of your subscription.
Terminating a subscription incurs administrative and processing fees of €19.74.
In addition, the Member will receive a confirmation of his decision not to renew the Subscription by e-mail.
17.4 Suspension and Termination for Misconduct
17.4.1. Suspension
Regardless of forms of payment, if the Member does not comply with the obligations of the present terms and conditions GDM et/ou ses sociétés affiliées reserves the right, without compensation or refund, to suspend the access to his account and eventual subscription’s services until the reason for the suspension has been lifted, this within eight (8) calendar days after the reception an e-mail asking the Member to conform with the present service’s conditions.
Such a suspension may be applied, for example, when:
• The Member does not complete his or her profile in accordance with the present terms and conditions;
• The Member uploads a non-compliant photograph;
• The Member behaves in a way that disturbs the tranquility of one or several members;
In any case, the Member will be informed of the suspension of his or her Account and Subscription by e-mail.
17.4.2. Termination by GDM et/ou ses sociétés affiliées
If the member does not comply with the obligations of the present terms and conditions after several warnings, an e-mail asking to do so will be sent. If not answered after within fifteen (15) calendar days from its reception, GDM et/ou ses sociétés affiliées reserve the right to terminate the registration on the Website, to close his or her Account and to terminate his or her subscription, without prejudice to any common-law action which might be open to it.
If the bank refuses the payment method used by the member, an e-mail him/her to pay the outstanding sums with a new payment method will be sent. If not answered after within eight (8) calendar days from its reception, GDM et/ou ses sociétés affiliées reserves the right to terminate the registration on the Website, to close his/her Account, and to terminate the Subscription, without prejudice to any common-law action which might be open to it.
The Member will be informed of the termination of his or her Account and Subscription by e-mail.
17.4.3. Termination by the Subscriber
In case of unavailability of the Services, except in cases of force majeure as provided in Article 18 of the terms and conditions, for a period of more than seven days, the Subscriber may terminate the Subscription by sending a registered letter with acknowledgment of receipt, accompanied by a bank account number, to the following address:
Global Digital Média SA company/customer service C/O Fidelex, Place du Molard 4, 1204 Genève - Suisse
GDM et/ou ses sociétés affiliées promise to repay the Subscriber in proportion to the duration of its Subscription within a period that may, depending on the Subscriber’s bank, vary between two (2) and ten (10) calendar days, starting from reception of the registered letter with acknowledgment of receipt accompanied by the banking details.
18. Force majeure
The Parties cannot be held responsible if the non-execution or the delay in the execution of any of their obligations, as described in the present terms and conditions, arises from a case of force majeure, within the meaning of the law in force.
The Party observing the event shall promptly inform the other Party of its inability to perform its obligations as a result of force majeure. The suspension of obligations cannot under any circumstances be a cause of responsibility for non-performance of the obligation involved, nor lead to the payment of damages and interests or penalties of delay.
Initially, cases of force majeure will suspend the application of the terms and conditions and the current Subscription.
Therefore, upon the cause of the suspension’s cessation of their reciprocal obligations, the Parties will resume as soon as possible the normal execution of their contractual obligations. To this end, the prevented party will warn the other of the resumption of his obligation by the means of his or her choice.
If the force majeure exceeds two (2) months, the present terms and conditions and the current Subscription will be automatically terminated.
19. Good will
The parties agree to carry out their obligations in absolute good faith.
20. Sincerity
The parties declare that the present commitments are sincere.
Thus, they confirm not knowing of any element that, if communicated, would have modified the consent of the other party.
21. Titles
The titles of the clauses of the terms and conditions are included for information only and must not in any way affect the meaning or the interpretation of the said terms and conditions. In case that any clause title would disturb the comprehension of the clause itself, it will not be taken into account.
22. Nullity
If any provision of these terms are held to be invalidated or declared such under any law, regulation or following a final decision of a competent court, other provisions shall remain in full force and scope.
23. Entirety
The present T&Cs express the entirety of the obligations of the Parties.
No general or specific condition appearing in the documents sent or delivered by the parties can be integrated into the present terms and conditions.
24. Agreement of proof
The acceptance of the terms and conditions by e-mail has the same probative value between parties as the agreement in paper format.
Data recorded in the computer systems of the Website will be stored under reasonable safety conditions and considered proof of communications between the parties. Unless it is proven otherwise, this data constitutes proof of all transactions between the GDM et/ou ses sociétés affiliées and the Member through the Website.
The contractual documents are archived on a reliable and durable way which can be produced as proof.
25. Confidentiality
The information transmitted or received by GDM et/ou ses sociétés affiliées during the use of the platform is considered confidential by nature and is subject to professional secrecy and shall not be communicated externally, apart from exceptions linked to the provision of the ‘data processing and liberties’ law. This provision does not infringe communications ordered by law or administration.
26. Language
The present T&Cs were written in French.
In case of conflict between the parties or divergences on the interpretation of a word or a clause, only the French versions shall apply.
27. Dispute Resolution
27.1 Applicable law
The present terms and conditions are governed by Swiss law.
The merits and formal elements are also governed by Swiss law, notwithstanding the place in which the fundamental or subsidiary obligations are performed.
27.2 Court of jurisdiction
All disputes to which the creation of an Account, the subscription of the Services, their execution or their termination could lead to and which could not be solved between a Member and GDM et/ou ses sociétés affiliées will be submitted to the competent courts under the conditions of common law.
27.3 Mediation
The Member may also lodge any complaints on the European Commission’s European Online Dispute Resolution platform available at the following address: http://ec.europa.eu/consumers/odr/ The European Commission will transfer the Member’s complaint to the competent national ombudsmen notified.
28. Pre-contractual information
The Member recognises having knowledge of, prior to the creation of an Account and Subscription and in a readable and understandable manner, these terms and conditions and in particular the following information:
• the essential characteristics of Subscriptions;
• the price of Subscriptions;
• information relating to the identity of GDM et/ou ses sociétés affiliées and their postal, telephone and electronic contact details.
29. Legal Notice
The Website is published by Global Digital Media, SA with capital of 100 000 Fr., registered within the Genève Trade and Companies Register, under the number CHE-373 082 366, whose registered office is located at C/O Fidelex, Place du Molard 4, 1204 Genève - Suisse.
The Website is operated by Global Digital Media, a simplified joint-stock company with a sole shareholder, with a capital of 1000€, registered within the Rouen Trade and Companies Register, under number 829 447 549, whose registered office is located 57, Avenue de Bretagne - 76100 ROUEN – France.
The hosting provider is: STACK Infrastructure Switzerland SA, 20 Chemin du Pré-Fleuri, CH-1228 PLAN-LES-OUATES.
