General sales contract
Any User placing an order on the website www.ericvideos.com (thereafter named Site) is considered to be fully informed of and to agree with the present general sales conditions in their entirety and with no reserve.
Access to the Site and to its services is exclusively limited to adults over the age of 18 (eighteen) years.
1 – Definitions
- Program: refers to audiovisual broadcasts.
- Streaming: refers to the technique used to share an audiovisual broadcast by allowing the viewing of a video stream as it is broadcasted. By opposition, broadcasting by downloading requires to retrieve the entirety of the video data before viewing.
- User: refers to any person who, after satisfying the conditions of access to the service, purchased a Program to be viewed for a defined period of time.
- Pricing: pricing in these general sales conditions are current as of September 1st, 2010. Ericvideos reserves the right to change pricing at any time. The User acknowledges being responsible for Internet connection charges.
2 – Object
Ericvideos is offering to the Users a service of videos on-demand. Ericvideos grants access, upon request from the User, to streaming viewing of the Programs.
3 – Conditions of access to the service and confirmation of User's registration
To access the service, the User needs to register by creating an account including his valid personal e-mail address as well as a password that must remain confidential. Before confirming the purchase of a Program, the User needs to fill out the specific form with the data necessary to the processing of his request.
By registering, the User accepts the present General Sales Conditions with no exception or condition.
4 – Program broadcasting
After confirmation of the registration and payment of the Program, the User will be able to access the viewing of the purchased Program.
5 – Duration
Streaming allows viewing of a chosen Program for 2 (two) hours. The viewing is not limited in number of lectures during this period of time, as mentioned in the pricing.
6 – Payments
Only payments by debit/credit card or phone call.
A – Debit/Credit cards
The User's debit/credit card will be charged of the amount corresponding to his order. In order to maximize discretion for the User, charges will be made to the User's account under an anonymous and discreet denomination . Charges to the User's debit/credit card will be made 2 days following the payment.
The charges corresponding to the orders placed by the User will be made in Euros. The basic rate is the price mentioned in Euros for each order. All prices are in Euros, tax included.
The User guarantees to Ericvideos that he has the right to use this debit/credit card at the time of the order. Ericvideos reserves the right to hold or cancel any order independently of its nature and/or the degree of completion, in case of failure of payment by the User of due charges, of an incident during the payment processing, or in case of fraud or attempted fraud related to the use of the Site.
Ericvideos reserves the right to request a photocopy of an official identification document and/or of the debit/credit card (front only) of the User for all payment using debit/credit card.
To fight against Internet fraud, all data pertaining to the order can be communicated to a third part for verification.
In order to guarantee the safety of the payment by debit/credit card, the User is asked to communicate to Ericvideos the Card Verification Value (CVV) or Card Verification Code (CVC) of his debit/credit card.
B –Phone call
Audiotel : premium rate call;
SMS +: premium rate text message;
7 – Cooling-off period
When placing an order, granting him immediate access to the service, the User acknowledges and accepts that a cooling-off period of 14 days, starting at the date of delivery of the products/services and guaranteed for home shopping, can not be claimed, in accordance with articles L.121-16 and following of the French Consumer Code.
8 – Cancellation
Ericvideos reserves the right to close any User's account in case of payment problems, wrongdoings in regard of the Code of Intellectual Property, failure to comply with any of rules described in the present General Sales Contract.
9 – Copyrights and protected works
All programs, texts, sounds, videos, images, logos, brands (figurative or in name), interfaces, screens, on the Site www.ericvideos.com are protected by French laws relative to Intellectual Property and by International Copyright Agreements.
Copying, broadcasting, use, modification or any other form of unauthorized and/or illegal exploitation, directly or indirectly, using any analog or digital supports, of the elements described in the paragraph above, may lead to legal and criminal prosecution from Ericvideos, from the owners of the exclusive rights transferred to Ericvideos, or from a third part against the offender(s).
The Users can be subjected to legal prosecution for broadcasting the Programs on Internet and/or Telecom, in particular using peer-to-peer networks.
The Programs can never be broadcasted in a non-private context. The User can not transfer the program or any copy of it to another Internet user.
10 – Modifications access to the site
Ericvideos reserves the right, at any time, to proceed to any modifications of the downloading services sales, of the offers and of the Site. It is therefore the responsibility of the User to be aware of any evolution of the Site. Similarly, Ericvideos reserves the right to modify the present general sales conditions granted that, in this case the current general sales conditions are those posted on the Site the day of the purchase.
Access to the Site is 24/7, subject to interruptions for maintenance, server updates, case of absolute necessity or exceptional conditions such as saturation or interruption of the network itself or interruptions for the safety of the User's data.
Ericvideos is not liable for any damage resulting of the use of the service, updating procedures and temporary unavailability of all or parts of the Site. Ericvideos is not bound to any result. Ericvideo reserves the right to interrupt access to the Site under exceptional conditions, for maintenance, improvements, updates, strengthening Internet security, modifications or extensions of his network.
11 – Responsibility
It is the User's responsibility to protect his hardware and software, in particular against computer virus or worms infections, spyware or malware installations and/or any intrusions, for which Ericvideos is not liable in any way.
The User is the sole person responsible for the installation, the use and the maintenance of his equipments, phone and computer, necessary to access the Site. Ericvideos is not liable in any way if the service offered on the Site is not compatible or shows problems with the User's softwares, configurations, operating systems or hardware.
Ericvideos implements the appropriate procedures in order to offer the correct functioning of the Services on the Site. The liability of Ericvideos can't be claimed in cases of absolute necessity, use of the services on the Site in conflict with the present conditions or interruption or malfunction of the services on the Site.
12 – Personal information
All personal information stored on the Site are treated in compliance with the law n°78-17 of January 6, 1978 named "Loi Informatique, fichiers et libertés" (Informatics, databases and liberties law). Therefore, the User has the right to access, modify, oppose and cancel any data concerning himself; to claim this right, send an e-mail to the following address: http://www.ericvideos.com/contact/?language=English
13 – Legal competence
The French law covers the present General Sales Conditions. In case of a dispute, Paris' tribunals are the only competent courts.