GENERAL TERMS AND CONDITIONS OF USE FOR THE MOBILE APPLICATION AND THE RAW WEBSITE.
The purpose of these general conditions of use (hereinafter the ‘General Conditions’) is to describe the conditions of use of the Brut. (hereinafter the ‘Brut Service’) accessible via a website accessible at the URL www.Brut.media (hereinafter the ‘Site’) and in the form of a ‘Brut’ mobile application (hereinafter the ‘Application’) accessible and downloadable on mobile phones and tablets.
The Brut Service, both in the form of the Site and the Application, is published by Brut, a société par actions simplifiée (simplified joint stock company) registered in the Paris Trade and Companies Register under number 829 162 395, having its registered office at 17 rue de l'Arrivée, Paris (75015) and whose intra-community VAT identification number is FR88829162395 and whose contact email is [email protected].
The publication director of Service Brut. is Guillaume Lacroix.
The Brut. Service website is hosted by Google Ireland Limited, whose registered office is at Gordon House, Barrow Street, Dublin 4, Ireland.
The content and services offered by the Brut Service, both in the form of the Site and the Application, are provided ‘as is’ and are governed by these Terms and Conditions of Use.
Brut. reserves the right to adapt or modify the General Terms and Conditions at any time by publishing an updated version of these General Terms and Conditions via the Site at the following address: https://www.brut.media/fr/terms-Brut. and the Application.
Brut. will inform Users of this modification no later than fifteen (15) days before the new version of the General Terms and Conditions comes into force by e-mail to the address given on their User profile.
If Users do not accept these changes, they are free to unsubscribe from their User Account profile as indicated in article 9 below. Should the User fail to unsubscribe, the new General Terms and Conditions of Use will become applicable at the earliest fifteen (15) days following receipt of notification of the modification to the General Terms and Conditions of Use.
Any modification to the Terms and Conditions made necessary by a change in the applicable law or regulations, a court ruling or a modification to the functionalities of the Site or the Application will come into force immediately.
The General Terms and Conditions applicable to the User are those in force on the day of use of the Site and/or the Application by the User.
The User is invited to keep a copy of the applicable version of the General Terms and Conditions for his/her archives.
Definitions
In this document, ‘User’ refers to any person using the Site, the Application and/or the Gross Service.
‘User Account’ refers to the space accessible from the Application, which all Users must create in order to use all the functions of the Brut Service.
‘Brut Content’ refers to all texts, comments, graphics, documents, data, information, publications, software, photos, images, sounds, music, audios, videos, brands, logos, works of any kind or other, displayed, generated, provided or made available by Brut within the Service, via the Application or the Site.
‘Creator Content’ means all texts, comments, graphics, documents, data, information, publications, software, photos, images, sounds, music, audio, video, trademarks, logos, works of any kind or other, displayed, generated, provided or made available by Creators through the Application and validated by Brut.
‘User Content’ refers to all texts, comments, graphics, documents, data, information, publications, software, photos, images, sounds, music, audios, videos, brands, logos, works of any kind or other, displayed, generated, provided or made available by Users via the Application for which Users are solely responsible.
(Raw Content, Creator Content and User Content are hereinafter referred to together as ‘Content’).
‘User Information’ refers to any element that the User publishes, uploads, shares, stores or provides via the Application or the Site.
‘Live’ means a video session broadcast live on the Application.
‘Creator’ means a person authorised by Brut. to create Lives and/or make Creator Content available on the Application.
‘Participant’ means a person invited by the Creators to take part in the Lives.
1. DESCRIPTION OF THE RAW SERVICE
a) Content and functions of the Brut. Service common to the Site and the Application :
The Brut. Service enables the Site and the Application to offer Content tailored to the User's preferences and profile.
b) Content and functions specific to the Service accessible via the Application:
The Application provides access to Content via the Application's feed, a ‘discover’ screen presenting the various Content available, and a search function.
In addition, the User may be offered the opportunity via the Application to be connected directly with personalities, talents and/or influencers who identify with the values advocated by Brut, having the status of Creator, as defined below, in order to generate news and Content in a free and transparent manner.
The Service Application thus enables all Users to access services, features and Content available free of charge or by paying via a system of support for the Service.
Depending on their status under the Terms and Conditions, Users can create, attend, participate in and comment on Lives on the Application hosted by Creators and under their control.
2. ACCESS TO THE SERVICE
All costs incurred by the User in accessing the Service (computer hardware, software, Internet connection, mobile package, etc.) are at the User's expense.
Each User is responsible for his/her computer hardware, data and software as well as the network connection enabling him/her to access the Service via the Site or the Application.
a) ACCESS TO THE SERVICE VIA THE SITE
The Content is freely accessible and is available by logging on to the Site at www.Brut.media.
b) ACCESS TO THE SERVICE VIA THE APPLICATION
The Application is a computer programme designed in the form of an iOS or Android application that can be downloaded free of charge from the App Store or Google Play, as the case may be, for strictly personal, private and non-collective use.
There are three ways of accessing the Application:
(i) Access by a User simply by downloading the Application and without creating an account: Users who wish to use the Application must first download the Application to be able to view certain types of Content (short videos and posts) and preview upcoming Lives and view the profiles of Creators on the Application.
(ii) Access for a User by creating a User Account: The User must then create a User Account by filling in the form provided for this purpose if they wish to have access to the Content limited to free documentaries and to attend, participate in and comment on the Lives via the Application.
(iii) Access by a User subscribing to the Service: the User must also enter his/her payment details if he/she wishes to have access to unlimited Content as well as to the other advantages of paid subscription as set out above.
An authentication system will be implemented by sending a verification code by SMS or by sending a verification link by e-mail or via Google or Apple connect, depending on the method chosen by the User for registration.
The User certifies that all the information provided in order to register for the Application is correct, up to date and truthful and is in no way misleading.
Each User is responsible for creating, storing and using his/her identifiers, which are strictly personal.
Any use of the Application by means of his identifiers is deemed to have been made by the User himself. If a User feels that his/her login details have been stolen by a third party, he/she must immediately inform Brut. at the following address: [email protected].
The creation of a User Account is offered in French and English. It is carried out in the following stages:
1) The User must complete an electronic registration form in which he/she provides his/her identification details
2) The User must validate this form and confirm (i) that he/she is at least 15 years old and (ii) that he/she accepts and undertakes to comply with these General Terms and Conditions of Use and the Application's Privacy Policy by clicking on ‘Register’ or by validating the last registration step consisting of including a photo.
3) Before validating the form and accepting the General Terms and Conditions and the Confidentiality Policy of the Application, the User may correct any errors in the information provided.
4) Once the form has been validated and the General Terms of Use and Privacy Policy have been accepted, the User may connect to the Application.
The User may also connect to the Application via Apple Sign-in by clicking on the associated button and following the Apple connection procedure or via Google Sign-in by clicking on the associated button and following the Android connection procedure.
Brut. may terminate a User's account on the Application at any time, ipso jure and without further formality, in the event of a breach of these General Terms and Conditions of Use, and in particular in the following cases, without this list being exhaustive:
- Violation of the provisions of the law of 29 July 1881 on freedom of the press and of the Criminal Code, in particular article 227-23;
- Presumption of use of the Application under the identity of a third party and/or without an account verification key, via SMS or email;
- Infringement of the rights of Brut. or third parties.
Each User may delete their account at any time, provided that no subscription is in progress, by sending a request by email to [email protected].
All Users of the Application, whether Creators, Participants or other Users, create a profile on the Application in order to access the Services and provide the information referred to in the Privacy Policy. Creators' profiles are accessible to all Users of the Application, including those who have not created a User Account.
Use of the Site and the Application is authorised only within the family circle. Any use outside this context, and in particular with a view to public address or entertainment (via the use of the Content) in public places or shops, is expressly prohibited.
c) Specific features:
(i) Creation of Lives by a Creator
A Creator may create Lives which may be accessed free of charge by all Users.
When creating a Live, the Creator undertakes to fill in the category, title and any other compulsory information as requested by the Application and indicated by this symbol ‘(*)’ in order to enable the Live to be referenced and indexed within the Application.
The Creator is solely responsible, both to Brut. and to other Users or third parties, for the dissemination of the Content he or she communicates as part of a Live.
The Creator undertakes to comply with the ‘Brut. Charter’ appended to these GCU.
The Creator guarantees Brut. that he/she is authorised to communicate and/or quote any Content published by him/her in the context of the Lives and that he/she has all the rights and authorisations necessary for their use under the conditions set out in these General Terms and Conditions.
In the event of a breach of the foregoing, Brut. may immediately interrupt access to the Services for the Creator, in accordance with article 9 of the General Terms and Conditions.
(ii) Participation in Lives by Participants
The Creator may invite up to five (5) Participants to take part in its Live.
To take part in the Live, Participants must request to take part in the Live and/or accept the invitation from the Creator generated by the Application.
The Creator is responsible for the Participants' compliance with the obligations listed in these General Terms and Conditions (and in particular compliance with the Brut Charter, the necessary rights and authorisations relating to the Content and information communicated during the Lives, the lawfulness of the Content, etc.).
The Creator, in his capacity as moderator, shall interrupt the participation of any Live Participant who fails to comply with these obligations.
In the event of a breach of the foregoing, Brut. may immediately interrupt access to the Services of the Creator and/or the Participants concerned, in accordance with Article 9 of the General Terms and Conditions.
(iii). Access to the Lives and participation in the Chat
A chat tool allowing live commentary on the Live is made available to Users via the Application.
Users undertake to comply with the Brut. Charter when using this tool. It is specified that the chat is not moderated by the Creator.
3. SUPPORT OFFER SUBSCRIPTIONS
The User may subscribe to a monthly, annual or ‘one shot’ support offer via the Application, in accordance with the provisions applicable on the day of the order and available for consultation on the Application.
All Subscriptions take effect on order confirmation for an indefinite period, which may be terminated at any time subject to compliance with the conditions set out in article 9 of the General Terms and Conditions.
Payment for the subscription is made on the Application at the time the order is placed, via a secure payment platform. The payment methods that may be used are indicated on the Application during the ordering process. The Application will ask the User if they wish to keep this information for future purchases via the Application. The User may refuse to keep this information and, if he agrees, may delete it at any time in his space on the Application.
For payment via the Application installed on a mobile phone or tablet, the User must use his/her Apple account or Android mobile account for payment, in accordance with the terms and conditions of the operators concerned.
In the case of a monthly subscription with payment each month, the User will enter his/her bank details and authorise automatic monthly direct debit at the beginning of the month via Brut's payment service provider.
The User does not have the right to withdraw from the subscription if its performance begins, with the User's agreement, before the expiry of the fourteen (14) day cooling-off period.
4. OBLIGATIONS OF THE USER
Each User is responsible for his/her use of the Service.
By accessing the Service, whether via the Site or the Application, the User expressly declares that he accepts the General Terms and Conditions and the Confidentiality Policy, which can be accessed :
from the Site at the following address: https://www.brut.media/fr/terms and https://www.brut.media/fr/privacy-brut
from the Application in Profile > Settings
If the User does not accept all or part of the General Terms and Conditions, he/she renounces access to the Service, whether via the Site or the Application.
By using the Service and accepting the processing of his/her personal data (see our Privacy Policy https://www.brut.media/fr/privacy-brut), the User certifies that he/she is a person of legal age in his/her country of residence (in France: over 15 years old).
The User undertakes not to use the Site and/or the Service Application in a manner contrary to the regulations in force, and more generally undertakes not to damage the interests, reputation or image of Brut.
Users are also prohibited from fraudulently accessing or remaining on the Site and/or the Application, from hindering or altering its operation, in particular by introducing viruses, third horses, worms, logic bombs or any other malicious program and/or program likely to cause damage to the Site and/or the Application or to harm Brut's data. In the event of a breach of this provision, Brut. reserves the right to alert the law enforcement authorities, to disclose the identity of the User and to block his/her access to the Site and/or the Application.
5. LICENCE TO USE
Brut. grants Users, for the duration of the Service, a non-exclusive, non-transferable, strictly personal licence to use the Service, for the sole purposes and under the sole conditions set out in these General Terms and Conditions.
Users are not authorised hereunder to:
- copy, print or transfer all or part of the Service or its content ;
- sell, distribute, hire out or sub-licence in any way whatsoever all or part of the Service or its content;
- modify the Service or its content;
- reproduce or merge all or part of the Service or its content into other computer programs;
- compile, decompile, disassemble, translate or analyse the Service or its content, except within the limits authorised by French law;
- decompile or reverse engineer the Service or attempt in any other way to obtain the source code of the Service or the products of Brut's third party service providers;
- use the Service or its content for purposes other than its original function.
6. USER INFORMATION / IMAGE RIGHTS
All Users acknowledge and accept that Brut. may make audio, photographic or video recordings of their contributions via the Service Application, particularly during Lives. The User authorises the recording of his/her image and voice made during Lives on the Service Application to be fixed and distributed on any medium, without time limit and for the whole world. All Users acknowledge and accept that any use made by Brut. of a recording may not, under any circumstances, give rise to the payment of any remuneration or compensation whatsoever.
Everything that the User publishes, uploads, shares, stores or provides via the Service Application is, together with the related intellectual property rights, referred to in these General Conditions as ‘User Information’.
All Users remain the owners of this User Information but grant Brut. a non-exclusive, sub-licensable, unlimited right to use this User Information throughout the world, in particular for the purposes of providing the Service and in particular, with regard to the Lives of the Application, to improve the Service.
All Users also grant all other Users of the Application a non-exclusive, sub-licensable right, without time limit and for the entire world, to use this User Information for the purposes of consulting, modifying, using, sharing and distributing it.
Any User who decides to share this User Information on any medium, outside the Application, must personally obtain any necessary prior authorisation from the Users concerned, without Brut. being held liable or concerned in any way whatsoever, for any reason whatsoever.
7. INTELLECTUAL PROPERTY OF BRUT
Brut. owns the Service (including the general structure of the Site and the Application) and the Brut. Content (such as the graphic charter, texts, visuals, videos, photographs, logos, domain names, etc.) and retains all intellectual property rights over these elements and all works and brands belonging to it, as the General Terms and Conditions do not transfer any ownership (copyright, neighbouring rights, brands and other distinctive signs, etc.). The User is informed that the General Conditions do not entail any transfer or licence to use Brut. s intellectual property rights (trademarks, logos, distinctive signs, etc.), other than those described in Article 5 Licence to use.
All of the Content that can be consulted on the Site and the Application are and remain the exclusive property of Brut. and/or the Users/Creators and, in general, of the persons who have granted Brut. a licence to use them, and who are the holders of all intellectual property rights relating thereto. The User is therefore under no circumstances authorised to reproduce, represent or market this Content in any way whatsoever without the prior agreement of the rightful owner concerned.
Persons wishing to re-use Content from the Application or the Site are invited to contact Brut. at [email protected].
Any unauthorised use of the Content of the Application or the Site, in whole or in part, is prohibited and constitutes an infringement of copyright punishable by articles L.335-2 et seq. of the French Intellectual Property Code and is therefore liable to civil or criminal prosecution.
8. PERSONAL DATA
When using the Site and the Application, Brut. collects and processes certain personal data from the User, such as connection and browsing data and data recorded in tracers and cookies (the ‘Data’).
Brut. Ensures that the User's Data is collected and processed in accordance with the provisions of Act no. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties (amended by Act no. 2004-801 of 6 August 2004, Act no. 2016-1321 of 7 October 2016, Act no. 2018-493 of 20 June 2018 and Order no. 2018-1125 of 12 December 2018) (the ‘Data Protection Act’) and Regulation no. 2016/679 of the European Parliament and of the Council of 27 April 2016 (the ‘Regulation’), in accordance with 8 its Privacy Policy accessible at the following address
https ://www.brut.media/fr/privacy-Brut.
The User is invited to consult Brut's Privacy Policy and Cookies Policy, to which reference is made for a more detailed explanation of the conditions under which the User's Data is collected and processed.
Brut's Privacy Policy and Cookies Policy form an integral part of the General Conditions.
All Users undertake to comply with the French Data Protection Act and the Regulations and not to use the Data to which they have access via the Service for purposes unrelated to the Service, in violation of the rights of any User concerned.
Pursuant to the provisions of the Data Protection Act and the Regulations, the User has the right to access, rectify, delete, limit or object to the processing of his or her Data, the right to define directives relating to the retention, deletion and communication of his or her Data after his or her death and the right to the portability of his or her Data.
The User may exercise these rights by sending an e-mail to the following address: [email protected] or by post to the address at the top of these General Terms and Conditions.
Brut. undertakes to guarantee the existence of adequate levels of protection in accordance with applicable legal and regulatory requirements. However, as no mechanism offers absolute security, a degree of risk remains when the Internet or a mobile network is used to transmit Data.
Brut. will notify the CNIL and/or the User concerned as soon as necessary of any Data breaches covered by the Regulation.
9. SUSPENSION AND TERMINATION
- Termination of the Service
Users may terminate the Service at any time by going to their User Account profile page.
- Suspension and termination at the expense of Users
Brut. reserves the right to immediately suspend access to the Service in the event of a User's failure to comply with its essential obligations and in particular in the event of a breach of Article°5 ‘Licence to use’, Article°4 ‘Obligations of Users’, Article°6 ‘Support offer subscriptions’, Article°7 ‘Brut. intellectual property’, Article°8 ‘Personal Data’ or in the event of a breach of legal and regulatory provisions.
Furthermore, Brut. reserves the right, at its discretion, to refuse access to the Site and/or the Application of a User whom Brut. considers suspicious (for example who could come from a computer program, in particular a bot) or with whom there is a dispute, even if the User uses a new account.
Failure by the User to comply with the obligations subscribed to under the terms of these General Terms and Conditions, any payment incident, any action contrary to the interests of Brut, the communication of false, disparaging or erroneous information when creating an Account on the Application or on a forum or on social networks, may result in the suspension of access to the Application (Article 9), or even the termination of the User's Account on the Service Application depending on the seriousness of the actions in question, without Brut being entitled to claim any damages or compensation whatsoever.
In the event of termination or suspension of the service on its own initiative, Brut. will send the reasons for its decision on a durable medium to the User. The User may contest the decision by submitting a complaint under the conditions set out in Article 11 of these General Terms and Conditions.
10. LIMITATION OF GROSS WARRANTIES
a) Links to third party sites
The Service, via the Site or the Application, may include hypertext links to other websites or applications owned or operated by persons other than Brut.
The linked sites or applications accessible via the Site or the Application are independent sites and applications over which Brut. has no control, whether financial, editorial or of any other nature, and they are in no way approved by Brut.
As soon as the User is redirected to a third party website or application, these General Conditions of Use cease to apply; only the general conditions of the third party website or application apply.
Under no circumstances may Brut. be held liable for the products and services offered and the content of these third-party websites or applications, nor in the event of malfunction of these links.
b) User comments
Brut. declines all responsibility for User comments accessible via the Application.
If you access illicit sites or comments via the Application, please notify us immediately by sending an e-mail to [email protected] or using the button provided for this purpose.
The Application enables Users to post comments on the Content they consult. In this respect, each User is solely responsible, in the context of their use of the Application or the Site, for ensuring that the comments they publish do not violate the law or infringe the rights of third parties. Brut. is technically unable to check and will not check comments before they are published on the Application or the Site.
By publishing comments on the Application or on the Site, each User declares and guarantees that he/she possesses all the rights necessary for their use in the context of the Application or the Site (including, where applicable, intellectual property rights).
Any illicit comment (or one that Brut. considers illicit) that is brought to its attention will be immediately removed from the Application or the Site. Comments that seriously infringe the laws and regulations in force or the rights of third parties will also be notified to the competent authorities, i.e. comments that glorify crimes against humanity, incite the commission of acts of terrorism and their glorification, incite racial hatred, hatred against persons on the grounds of their sex, sexual orientation or identity or their disability, as well as comments containing child pornography, comments inciting violence, particularly against women, and those that offend against human dignity.
Each User undertakes to indemnify Brut. against any claim or action (including reasonable legal fees and associated legal costs), insofar as such claims or actions are based on an allegation by a third party that a comment posted by the User in the context of its use of the Application or the Site infringes the intellectual property rights or any other right of that third party.
In the event of a claim or action by a third party as described above, the User undertakes, at Brut's request, to immediately provide Brut with exhaustive and honest information necessary for the examination of these claims and for the organisation of its defence.
c) on access to the Site and the Application:
Brut. is bound by an obligation of means with regard to Users' access to the Site and the Application.
In any event, without prejudice to the cases of exclusion of its liability provided for herein, the liability that may be incurred by Brut. for any malfunctions for which it is solely responsible is expressly limited to the damage suffered by the User, duly justified.
d) on the use of the Site or the Application by the User or a third party:
The User is solely responsible for the use he makes of the Site and the Application and for the content and information he publishes on them as part of LIVE, where applicable.
Brut. may not be held liable for any damage suffered by a User or by a third party resulting directly or indirectly from the User's failure to comply with any of its obligations, from negligence, from improper use, in particular for purposes other than those indicated by Brut. or in the event of delay or failure to comply with its obligations due to a cause beyond its control such as an act of God or force majeure as defined by article 1218 of the French Civil Code and the French courts.
Brut may not be held liable for direct or indirect damage resulting from the use by an unauthorised third party of a User's account or identifier on the Application.
In general, once it has fulfilled its obligations, brut. may not be held liable for any damage suffered as a result of the User and/or a third party.
e) Limitation of liability towards the Creators of the Application
In the event that Brut's liability were to be established and upheld on the grounds of damage suffered by a Creator as a direct result of Brut, the total amount of compensation and any sum payable by Brut. under the terms of these Terms and Conditions of Use shall be limited to the amount of the damages suffered by the Creator.
General Conditions shall be limited to the sum actually received by the Designer during the six (6) months preceding the loss.
11. COMPLAINTS
For any complaint relating to the use of the Service, the User may contact Brut. at the following address: [email protected]
Any User may also report illicit User Content directly via the Service Application by clicking on the icon and block a User.
Any claim against Brut. (other than for Data issues) must be made within thirty (30) days of the occurrence of the event that is the subject of the complaint. Failing this, the User may not claim any damages or compensation for the alleged breach, if it is proven.
Brut. undertakes to make its best efforts to respond to complaints within a reasonable period of time, taking into account their nature and complexity.
12. RAW AND HOSTING CONTACTS
The publication director of the Service is Mr Guillaume Lacroix.
Brut. can be contacted at its postal address and at the following e-mail address: [email protected].
The Service Site is hosted by:
Google Ireland LimitedGordon House, Barrow Street, Dublin, D04 E5W5, Ireland
The Service also uses the services of a streaming server in order to ensure the broadcast quality of the Video Content:
Phenix Real Time Solutions, Inc.
123 N Wacker Dr
Suite 1250
Chicago, IL 60606USA
13. GENERAL PROVISIONS
Language - The French version of these General Conditions prevails over any other translated version.
Proof - The User recognises the validity and probative value of electronic exchanges and records kept by Brut. and accepts that these elements have the same probative value as a written document signed by hand in accordance with Law no. 2000-230 of 13 March 2000 adapting the law of evidence to information technologies relating to electronic signatures.
Partial invalidity - If one or more stipulations of the General Terms and Conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
The parties then agree to replace the null or invalid clause with a clause that is as close as possible in content to the clause initially agreed.
Non-waiver - Unless otherwise stipulated, the fact that Brut. or the Users do not claim from the other party a breach of any of the obligations set out in the General Terms and Conditions may not be interpreted for the future as a waiver of the obligation in question.
Assignment - The General Terms and Conditions of Use, as well as the Data files relating to the Service and its use, may benefit any third party with whom Brut. enters into a merger agreement, contribution of assets or other similar transaction, either for its company as a whole, or for one or more of its branches of activity if they include the operation of the Site and/or the Application, and subject to compliance with applicable law.
Applicable law - These General Terms and Conditions of Use are governed by French law.