TOS
The present Terms of Service (hereinafter TOS) are concluded between: ASAO sarl, 24 rue de Clichy, 75009 Paris, France, RCS Paris n°522 005 164
(hereinafter the Website).
AndMember.
Preamble
The Website operates a plateform accessible at sellyourpanties.com dedicated to the connection between Members and Sellers.
The Website (is inspired by the widespread Burusera practice in Japan) and allows Sellers to benefit from a dedicated space to sell their Products and to Members to benefit from the Services offered by the Website.
These Terms are intended to define the conditions of access and use of the Website and Services and the rights and obligations of Members.
Any access and / or use of the Website and the Services implies unreserved acceptance and compliance with all the terms of these Terms.
1. Definitions
The terms below used in the TOS have the following meaning :Shop : space of the dedicated Website and made available to a Seller so that she publishes advertisements, of the Content, gets in contact with Members and sells her Products ;
Account : refers to the space made available by a Member after completing the Form, accepting the Terms and having identified himself by his access codes. The opening of an Account by the Member allows it to benefit from the Services offered by the Website ;
Content : refers to the singular or plural any comments, messages or information of any nature whatsoever (texts, comments, images, videos, photographs etc) published by the Member and / or a Seller via his Account on the spaces provided for this purpose on the Website such as profiles, niouses (mood tickets, live rdv, promotions, new products, new photos), specialties, Studio VOD, forum, Chat, etc. Content is edited under the sole responsibility of the author, the Website being the host of the Content ;
Form : means the registration form allowing the Visitor to register on the Website and to become a Member to benefit from all or parts of the Services ;
Member : refers to any individual over the age of 18 who has opened an Account on the Website by clicking on "I am a Boy" or "I am a Girl", and having access to the Services offered by the Website ;
Products : refers to the items offered for sale on the Website exclusively by the Vendors via their Shop ;
Services : refers to all of the online features offered to Members by the Website and listed in the article Services offered. Use of the Services implies acceptance of these Terms ;
Visitor : means a user visiting the Site, over the age of 18 and who does not have an Account on the Website ;
Seller : refers to any natural person using the Site, over 18 years old, female, enjoying a dedicated space on the Website called Boutique (including its Studio and TV).
2. Prerequisites for service registration
The Member guarantees that it meets all the following prerequisites :- be of age on the day of registration ;
- have the legal capacity to engage under these TOS ;
- have appropriate computer equipment to access the Website ;
- have a valid e-mail address.
3. Acceptance of TOS
The Member is required to read the TOS carefully, they contain important information about his rights and obligations.The fact for the Member to register and open an Account entails full and unreserved acceptance and acceptance of these Terms. This is expressly recognized by the Member, especially when checking the box provided for this purpose prior to registration. Thus, the Member acknowledges and accepts that his commitment does not require a handwritten or electronic signature.
4. Opposibility of TOS
Members may only benefit from the Services subject to acceptance of these Terms. They are opposable as soon as they are accepted by the Member under the conditions set out in the preceding articles. The Website reserves the right to make changes to the TOS that it deems necessary and useful, especially if new Services are offered. The Website will inform Members of the existence and entry into force of new TOS. These new Terms will be accepted by the Member when he logs in to the Site. The Member informed in the above conditions has the faculty to accept the new Terms or, if he refuses to close his Account without notice. The Member remains responsible for any use of his Account prior to its closure.For Visitors, it is recommended to regularly read the TOS by accessing them through the dedicated tabs of the Site.The Terms appearing online on the Website take precedence over any printed version of the previous date.
5. Access and Registration to the Site
5.1 Accessibility
Access to the Website provided that the Visitor is over 18 years of age is free and is not subordinate to the prior creation of an Account. This access, however, only allows the viewing of certain Content.Access to all the Services described in the article Services offered herein is reserved for Members who have opened an Account on the Site.
Access to the Website does not require any financial compensation. The costs of access (Internet subscription in particular) to the Website remain however the responsibility of the Member.
5.2 Services Registration
The creation of an Account is a necessary prerequisite to become a Member and benefit from all the Services offered on the Site. The registration of the Member and the creation of his Account is done by means of a Registration Form made available on the Site.The registration procedure via the online form includes the following steps :
- Complete the Registration Form by choosing the profile "I am a Boy" or "I am a Girl", then indicating his email address and his nickname ;
- Accept, after reading these TOS by ticking the box "you agree to the Terms of Use of the Website and certify that you are over 18" ;
- Validate your registration by clicking on the link provided for this purpose in the email sent by the Website ;
- Enter your personal profile by entering your date of birth, your name, your first name and your password.
Once these steps have been completed, the Visitor becomes a Member.
The creation of Multiple Accounts is formally prohibited and exposes the Member to civil and criminal penalties. In addition, any breach of this provision exposes the Member to the termination of the Account (s) he / she has previously opened and to the payment of 50 euros in favor of the Website as compensation, per Open Account.
5.3 Username and Password
The Member guarantees the accuracy of the information provided for the purposes of his registration.The Member is solely responsible for the preservation and confidentiality of his identifiers and passwords. The password is strictly personal and confidential.
Any use of the password is presumed to be made on behalf of the Member. The Member agrees to change his password without delay in case of loss, forgetfulness or disclosure to others or not his password. This change is made directly online on a form "password forgotten ? ". The Website's liability can not be claimed for fraudulent or abusive use, or for any other person's voluntary or involuntary disclosure of their username and / or password.
5.4 Disabling and Closing the Account
5.4.1 Disabling the account
The Member may at any time waive the use of the Services and disable his account without notice, at no charge other than those related to the costs of access to the Website and without reason, on the Website in the "My private profile", by clicking on "Disable".As of the deactivation of his Account, the profile of the Member is no longer visible on the Site. The Member can reactivate his account himself.In case of non-compliance with the TOS by the Member, the Website can ban the latter. The ban is characterized by the deactivation of the Account for a period generally varying from (twenty four hours) 24h to (seven) 7 days and up to the final closure of the Account. Sanctions are taken by the Website based on non-compliance with the TOS.
It's up to the banned Member to ask the Website to close his Account.
5.4.2 Closing the account
The Member may permanently cancel the use of the Services and decide to close his Account, in particular to delete the entirety of the data and Content that he has published. Once the Account has been deactivated, the Member to obtain the deletion of their Data and Content must contact the Website at the following address: support@sellyourpanties.com.If the Account is closed, only the Website will retain the strictly necessary data in accordance with the Personal Data, Traceability and Evidence Agreement sections.
The closure of the Account by the Member or by the Website under the conditions set out in this paragraph shall automatically entail the termination of this Agreement. In any case, the Member remains responsible for any use of his Account prior to the closure of the Account.
5.4.3 Inactive Accounts
The Website reserves the right to close an Inactive Account after 2.6 Proposed Services
6.1 Description of Services
The Website provides Services Members to :- access the Content on the Website ;
- communicate through different channels with the Seller ;
- benefit from a stronger certification of Sellers ;
- subscribe to join the Order of Companions and Knights of the Panties ;
- benefit from the affiliate program ;
- access to his library of "studio" content purchased ;
- to contribute to the Vendors' prize pools in the form of donations ;
- to buy the Products offered by the Sellers on the Website via the service of provision of tools of payment methods secured by the Website ;
- to follow the orders and to benefit under certain conditions from the Service "Assistance with the resolution of litigation" ;
- comment or give appreciation for each purchase made. A full description of the Services can be found in the Website FAQ .
In consideration of the Services offered, the Website charges a commission of 25% + 25cts on the amount of any sale made between a Member and a Seller. This commission is included in the price displayed on the Website.
6.2 Quality of Services
The Website strives to provide Quality Services and to 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 network, and in particular, its technical performance and response times to view, query or transfer information data, the Website makes its best efforts, in accordance with the rules of the art, to allow access and use of the Services. The Website can not ensure accessibility or absolute availability of the Website allowing access to the Services.
The Website can not be responsible for the proper operation of the Member's computer equipment and access to the internet.
6.3 Maintenance
The Website is accessible 24/7. However, the accessibility of the Website may be interrupted for reasons of maintenance and upgrading or for other reasons, including technical without any liability of the Website can be implemented because of these interruptions as well as by the Member only by all third parties.The Website is not responsible for any damages of any nature that may result from these changes and / or temporary unavailability of the Website or the Services associated with.
7. Responsibility of the Member
7.1 Use of Services
The Member is responsible for the use of the Services that he does. He undertakes to use the Website in a fair manner, in accordance with these Terms and in accordance with the laws and regulations in force, public order, morality and the rights of third parties.The Member is solely responsible for the conclusion and execution of the contracts relating to the purchase of a Product proposed by a Seller through the Website, the Website intervening only to put them in relation. The conclusion and the execution of these contracts, which intervene directly between the Member and a Seller takes place at the initiative and under the exclusive responsibility of the latter.
In case of breach of the TOS, the Member Account will be banned without notice, nor reimbursement of sums incurred on the Website (subscription, purchases from the Sellers etc) and in accordance with the article Termination.
Use of the Website for the purposes of advertising spamming or the creation of multiple accounts is strictly prohibited. Any breach of this provision exposes the Member to the termination of the Account (s) it has previously opened and / or the deletion of the Published Content. In addition, the Member shall pay the sum of 50 euros, per offense, in favor of the Website as compensation.
7.2 On the Contents
Members of the Website may express themselves by publishing Content, in spaces of the Website provided for this purpose.The Content must relate only to topics related to the Website and topics related to the section or dedicated space provided and must comply with the legal and regulatory provisions in force.
The Member undertakes to comply with the laws and regulations when publishing Content. In particular, it undertakes not to publish or disseminate Content that is contrary to public order and in particular :
- racist, xenophobic, antisemitic, homophobic or child pornography ;
- abusive, defamatory or damaging to the honor, reputation or privacy of a third party ;
- inciting violence, murder, suicide, terrorism, necropholia, use of weapons ;
- inciting the use, manufacture or distribution of drugs or alcohols ;
- proposing or encouraging prostitution or non consented relations ;
- offering or encouraging the sale of products from the human body containing gametes ;
- contrary to the principle of neutrality by openly displaying a belief or sign of political or religious affiliation ;
- inciting discrimination, insult, hatred or violence against a person or group of persons, in particular because of their origin, ethnicity or non-ethnicity, nation, race, disability, sexual preference, or any other differences ;
- inciting or justifying crimes and offenses ;
- undermining human dignity, particularly with unconscious persons ;
- inciting rape, violence, especially against women ;
- inciting the mistreatment of individuals ;
- inciting the mistreatment of animals, including insects ;
- stalking or harassing a person.
The Member further agrees to respect the rights of third parties. As such, he is prohibited from :
- infringe the intellectual property rights of a third party including reproducing, representing, using, modifying articles, photographs, videos etc on which he is not entitled ;
- infringe the rights of the personality, the private life of the persons notably to the respect of the private life (defamation, insults, insults) and the image of the thirds ;
- impersonate any person or entity or use false e-mail addresses, false headers or identifications to conceal the origin of the content transmitted via the Website ;
- collect without authorization, or undermine the confidentiality and security of personal data concerning Members ;
- intentionally publish false, erroneous or misleading content.
Member further agrees not to post any Content that :
- contains affiliate marketing elements (SEO codes, junk mail, spam, commercial advertising for other sites) ;
- can be likened to competitions or games for a financial participation. Contests and games on the Website are allowed if no financial participation is requested ;
- contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website ;
- disrupts the normal flow of dialogue with an excessive amount of content ;
- advertise his services for advertising or commercial purposes ;
- do not relate the theme of the category or forum ;
- includes references or links to any other Website than the the Website Site, and / or your email address, and / or your personal details (name, address and phone number) ;
- encourages communication or payment off the site.
Content left on the Website by Members is published under the full and entire responsibility of the Member.
The Website is not responsible for Member Content.
Accordingly, the Member warrants the Website against any action, claim, claim, or objection that relates, directly or indirectly, to the Content posted by the Member.
Failing compliance with the laws and regulations the Content may be removed by the Website immediately, without delay and without compensation of any kind.
The Member acknowledges that the Content is made available to him for strictly personal use.
Any reproduction and / or total or partial representation of the Content and the Website is prohibited and constitutes an infringement punishable by the code of intellectual property.
The Member acknowledges that he may lose access to Content purchased via the Site, including unlimited streaming, if the Seller Content Owner has requested that his account be closed.
Access to these Content is however guaranteed for a period of 3 months after the closure of the Seller's account.
8. Responsibility for the Website
8.1 Hosted Published Content
The Member is solely responsible for the Content posted on the Site, with the Website limited to providing a technical service. In this context, the Website is subject to an obligation of means.the Website is a hosting provider and has no control over the Content posted by Members regardless of the space on which these Content are posted.The publication of these Content on the Website can therefore in no way be construed as a guarantee of the Website on what has been published, and its liability can not be incurred as such.
The Website is the legally established hosting provider for trust in the digital economy # 2004-575 of June 21, 2004 (hereinafter LCEN) of Contents published by Members.
As such, it is under no obligation to monitor, moderate or control the Members Content.the Website can not be held liable for any activity, comment, Content or information stored at the request of Members, except where the Website has been properly notified of the existence of illegal content and that she would not have acted promptly to withdraw it.Members acknowledge and agree that the Content they post may be subject to reporting by other Members and post review by the Website based on objective criteria.
Member warrants and indemnifies the Website against any remedy and conviction arising from a Member's breach of its obligations under the law or these TOS.
The Website can not be responsible for the violation of these Terms by a Member.
For reasons of the quality of the Services and the Site, the Website may postpone the Published Content and delete it, and agrees to respond when clearly prohibited content has been notified to it in accordance with the provisions of the LCEN or via the link (to be completed) the Website will then take the action that they think is best for the situation.
In the event of an alert from a Member or Seller on Content of another Member, the Website reserves the right to remove immediately, without delay and without compensation of any kind any content not respecting these Terms and are brought to his attention.For security reasons and to protect the privacy of Members, it is forbidden, in accordance with the above article relating to Content, to exchange personal information allowing the identification of a Member and / or nobody.
Thus, will be rejected in the Contents, by our software designed for this purpose, the personal details (names, phone number, address, e-mail, website, etc.) and generally any personal data allowing identification of a Member or Seller. For security reasons, an Account whose software has rejected too many Content may be automatically banned.
8.2 Provision of means of payment tools
The Website makes available to Members and Sellers a payment tool for online purchases. For this purpose the Member must :- click on the button "I order" ;
- indicate his delivery address ;
- validate these Terms and Conditions, as well as the Seller's Terms and Conditions ;
- settle the order via the payment provider ;
- validate your order via a secure 3D code or the access code to the site.
The order must then be validated or not, by the Seller within six days and before midnight on the sixth day.
Members are informed that to the extent that the Products offered by the Vendors are personalized Products or digital content not provided on a physical medium, they will not benefit from any right of withdrawal in the context of their contractual relationship with the vendors.
When the transaction has been accepted by the Seller and the Product has been delivered, the Member and the Seller may exchange certified appreciations. The assessments must be filed and / or may be modified within a period of 30 (thirty) days from the acceptance of the transaction by the Seller.
Member acknowledges and agrees that the Website's role is limited to the provision of means of payment tools.Indeed, the Website and the Vendeuses are independent parties, each acting in his own name and on his own behalf.
The Website does not enter into any contract on behalf of and / or on behalf of a Seller who contracts directly with the Member through the Website and joins to make her own terms and conditions when ordering.
Because SITE_NAME is not a party to any contract between a Member and Seller, Seller is solely responsible for any difficulties, claims, or disputes that may arise in the conclusion and / or fulfillment of such contracts. sale. As a result, each Member releases the Website from any liability for direct or indirect consequences arising directly or indirectly from the linking, conclusion and / or fulfillment of a contract with SITE_NAME. Seller.
However, the Website offers a Resolution Helping Service that allows an unsatisfied Member of a sale from a Certified Seller to deposit at the address below (to be completed) within thirty (30) hours. ) from the date of the order a claim with supporting documentation to solicit the Website to intervene in the dispute.
The Seller shall respond to the Member's complaint within seven (7) business days. Based on the information provided by the parties, the Website will attempt to provide an amicable solution to the parties.
If it is established that the Product could not be provided in satisfactory conditions, the Seller will refund to the Member the total amount of the order, through the Website.Members are reminded that they can not claim reimbursement for an order. In fact, the products sold by the Sellers are custom or digital products, and as such, in accordance with the law, can not be eligible for a refund.Users are informed that to the extent that the Products offered by the Vendors are personalized products or digital content not provided on a physical medium, they will not benefit from any right of withdrawal in the context of their contractual relationship with the vendors.
8.3 Hypertext Links
Members may set up a link to the Site. Under no circumstances may such an authorization be described as an implicit agreement of affiliation.In any event, links to the Website must be removed upon first request from the WebsiteConversely, it is strictly forbidden for Members to put links to other sites in the Content they publish.
9. Termination
Any use of the Website and Services contrary to the Terms and Conditions entitles SITE_NAME, without notice and without compensation, to terminate the Member's Account on a temporary or permanent basis and all Content related to that Member will be deleted.Access to the Account and Services will be deleted and will automatically terminate these.
Closing the Account will result in the resulting loss of access to the Content. Only the Website will retain the strictly necessary data in accordance with the Personal Data, Traceability and Evidence Agreement sections.In any case, the Member remains responsible for any use of his Account prior to the closure of the Account.
10. Intellectual property
10.1 Intellectual property of the Website
These TOS do not carry any assignment of intellectual property rights on the Website owned by the Website.The content of the Site, the general structure as well as trademarks, designs, models, logos, software and programs, search engines, databases, domain names and all other elements making up the Website, to exclusion of Content posted by Members or Shoppers, is the exclusive property of the Website and is protected by intellectual property rights.
The Website grants the Member a personal and non-exclusive right to use the Site, allowing it to use the Services.Any reproduction and / or total or partial representation of the Website without the express authorization of the Website is prohibited and would constitute an infringement sanctioned by the code of the intellectual property.
10.2 Member's intellectual property on the Content
The Content published on the Website belongs to the Member who published it and remains its exclusive property.In order to respect the intellectual property rights of third parties, the Member acknowledges that it is strictly forbidden to publish comments, content, photographs, videos, etc. belonging to third parties without their authorization.
In general, any Member that has published Content guarantees that it owns the intellectual property rights to the Content it posts or that it has obtained all the necessary authorizations from the authors, if any, so that SITE_NAME is never concerned about this Content.
It is up to the Member in particular to obtain all the necessary authorizations from the persons represented on the Contents.
It is recalled that any Content posted by a Member is its sole responsibility.
The Member by posting a Content expressly authorizes the Website to use, broadcast, host, store, reproduce, represent, translate, modify, adapt, Content on the Site. This authorization is valid for the whole world and for the registration period of the Member on the Site.
The Member acknowledges that all contents that he creates on the Website are legal and conform to the TOS of the website.
In order to increase its sales, the Member may agree to the Website to promote him by publishing its posts outside the Site. He must check the dedicated box in his parameters. If he wishes to stop this promotion, he must uncheck this box, so that the Websitestops the publication of new posts. If the Member wishes to delete posts that have already been published, he must communicate to the Website the urls of the posts already published outside the Website which he wishes to delete. However, it is expressly forbidden for a Member to broadcast, reproduce, display or modify Content posted on the Website by another Member or a Seller (in particular the Videos of the Sellers). Any reproduction and / or total or partial representation of a Content belonging to another Member, to a Seller or to a third party without its express authorization is prohibited and constitutes an infringement. Counterfeiting is punishable by the Code of Intellectual Property and in particular Article L.335-2 and s of the Code of Intellectual Property which provides penalties of three (3) years imprisonment and 300 000 euros fine.
For Contents published after Oct. 15th 2021 :
The Member acknowledges that he keeps the written consent of all persons depicted in all Contents created by him on the website, that they appear in such contents of their own free will, that they have all of their mental capacity, that they authorize him to upload these contents to the website so that they can be published publicly in order to be sold by streaming or download.
The Member has made sure of the identity of all these people appearing on all these contents created by him on the website: he can assure that they are adults and he can provide at any time on request a copy of their valid identity documents.
11. Personal data
The information requested during registration by the Site, in particular via the Form, is necessary and mandatory for the creation of the Account. In particular, the email address may be used by the Website for the administration and management of the Services.In accordance with the European Data Protection Regulation (RGPD) and the amended Data Protection Act, you have the right to request access to your data, their rectification or erasure and the limitation of processing. You can also object to the processing of your data and ask the Website for portability. You also have the right to give instructions on your personal data after your death.These rights are exercised by the Data Protection Officer (DPO), by email, at dpo@sellyourpanties.com or, in writing to Jean-Michel Jouet, $RGPD_LEGAL_ADDRESS.For more information on the management of personal data by the Website it is proposed to the Member to click here: Privacy Policy .12. Cookies
During a visit to the Site, cookies, that is to say tracers for storing information relating to navigation on the Website in order to authenticate Members, to memorize their preferences and parameters, to determine the popularity of the Content, to analyze the frequentation of the Website and to understand the online behaviors and interests of the people who interact on it, are likely to be installed in the Member's terminal.For more information on cookies and the setting of cookies, it is proposed to the Member to click here. (it is advisable to put a link on the "here" referring to the Privacy Policy and more particularly to the cookie management and setting).13. Traceability
In order to provide the Services, the Website keeps track of Members' login history to the Website and tracks their browsing through the Website through Cookies.This traceability is opposable to the Member, which the latter recognizes.
In order to comply with the legal requirements for the retention and disclosure of data to identify any person who has posted Content, the Website retains certain identifying information and traceability of transactions made on the Site, but also a copy of certain Content even when deleted from the Account for a period of one year from the chargeable event.
14. Evidence Agreement
Acceptance of the TOS electronically has, between the parties, the same probative value as the paper agreement.Computerized records kept in computer systems will be kept in reasonable conditions of safety and considered as evidence of communications between the parties.
The archiving of the contractual documents is done on a reliable and durable support that can be produced as evidence.
15. Force Majeure
At first, the cases of force majeure will suspend the execution of the general conditions. If the cases of force majeure have a duration of existence greater than two (2) months, the present general conditions will be terminated automatically.Expressly, are considered as cases of force majeure or fortuitous cases, those usually retained by the jurisprudence of the French courts and tribunals.