General Terms and Conditions for the use BLACKPILLS services
Updated as of May 24, 2018

Purpose

The purpose of these general terms and conditions is to define the terms and conditions for the use of the https://www.blackpills.com website (hereafter the “Website”) and the BLACKPILLS on demand video service (hereafter the “Service”). These terms and conditions shall prevail even in the event of any contradicting stipulations mentioned elsewhere.

No failure to enforce, or delay in enforcing, any right or remedy hereunder, may be interpreted as a waiver of any right or remedy. Any such waiver must be in a writing signed by the party granting such waiver. The access and use of the BLACKPILLS on demand video service entails the express and unreserved acceptance by the user of all these general terms and conditions. The user confirms that he has read and understood all these general terms and conditions before any use of the Service and undertakes to comply therewith.


Legal notices 

The Website and the BLACKPILLS on demand video application (hereafter the “Application”) are made available by BLACKPILLS SAS, a French simplified joint stock company with a capital of 3,080 euros, whose registered office is at 3 rue d’Edimbourg – 75008 Paris and registered at the trade and companies register of Paris under number 818 524 233 (hereafter “BLACKPILLS”).
E-mail address: contact@blackpills.com,
Intra-community VAT number: FR57818524233.

The Director of Publications is Mr. Daniel Marhely.
E-mail address: contact@blackpills.com.

BLACKPILLS is hosted by: Iguane Solutions, whose registered office is situated at 41, rue Boissy d’Anglas – 75008 Paris (hereafter the “Host”).


Terms of access to the Service

The Service is available by downloading the BLACKPILLS Application via:

the Play Store for devices with Android as the operating system;
the App Store for devices with IOS as the operating system.

Downloading the BLACKPILLS Application gives the user the possibility of using the Service free of charge but will expose the user to advertisements and videos by BLACKPILLS’ commercial partners. BLACKPILLS may on no account be held liable for the content of the advertisements and videos of its commercial partners.


Modification of the Service

The user recognises and accepts that BLACKPILLS is entitled to modify the Service offering at any time. Any modification of the Service will come into force after a minimum period of thirty (30) days’ notice sent to the user by BLACKPILLS.


Conditions for access to the Service

The user declares that he is at least seventeen (17) years of age. Persons under the age of seventeen (17) years may use the Service only under the supervision of a parent or legal guardian, using the person's account and in accordance with this terms and conditions. BLACKPILLS takes no responsibility whatsoever in the event of access to the Service by a minor of less than seventeen (17) years of age.

All of the content offered as part of the Service, is reserved for strictly personal and non-commercial purposes. Throughout the duration of the inscription, the user has access to the Service which allows him to look at all the content on offer. This access does not grant the user any right or title to the content offered and does not allow the user to disclose this content to the public.

The content offer by BLACKPILLS is accessible to the user within the limit of the rights and licences that it owns.

The content offered by BLACKPILLS is available for a maximum period that is equal to the length of BLACKPILL’s exploitation and broadcasting rights. However, BLACKPILLS reserves the right to withdraw or add content at its discretion alone for technical, commercial or other reasons.

The Service is accessible via the Internet 24 hours a day, 7 days a week, except in the event of force majeure or other events beyond the control of BLACKPILLS and/or the Host of the Service and any breakdowns or maintenance interventions necessary to ensure the smooth running of the Service. BLACKPILLS will not have any liability due to the unavailability of the Service for any reason.

BLACKPILLS cannot be held responsible for the temporary unavailability of the Service. In the event of the unavailability of the Service, BLACKPILLS will use commercially reasonable efforts to inform the user.


User account

After having downloaded the Application, the user must create his own personal account and fill in the information required for his registration.

The user account is strictly personal and non-transferrable. Only one account can be created per user.

The user guarantees the accuracy of the information provided when creating his personal account.

The user must provide a valid telephone number and will be given a temporary code. The user should not share access to his BLACKPILLS account.  In particular, the user must not share the access codes and confidential information relating to his account with anybody. The user alone is responsible for updating and maintaining accurate information concerning his personal account.


Quality of the system

The quality of the Service depends on the user’s internet access and other factors for which BLACKPILLS is not responsible. The user recognising and accepts that he alone is responsible for the quality of his internet connection.

The user declares that he knows and accepts the characteristics and limits of the transmission of content by the internet as well as the costs of the connection to this network. In particular, the user acknowledges that personal information supplied by the user can be lost or accessed, disclosed or used without authorization.

The visibility of the Site content depends on the technical performances of the user’s mobile or other access device and his telecommunications service, which are on no account the responsibility of BLACKPILLS. It is up to the user to use a sufficiently high-performance device which is compatible with reading the content.

The BLACKPILLS Service and Application may evolve in line with technological opportunities and developments. It is up to the user to ensure that his mobile or other access device is compatible with the Service, the minimum technical requirements for viewing the content being available at the following address: http://blackpills.com/en/requirements



Responsibility of the user

The content accessible via the Site is protected by copyright and other rights belonging to BLACKPILLS or third parties which have granted licences for the video and other content. The user expressly undertakes to comply with the applicable laws as well as the rights of BLACKPILLS or third parties during the use of the Service. In particular, the user will be held liable in the following cases:

copying, reproduction or storage of the content of the Service;
presentation of the content of the Service to the public;
use of the Service for any purpose other than authorised in these general terms and conditions.

The general structure of the Application and of the BLACKPILLS Site and all the other constituent elements are the exclusive property of BLACKPILLS or prior authorisation to use them has been granted to BLACKPILLS.

Any reproduction and representation of the Application, the Site and/or the constituent elements, whether total or partial, using any process whatsoever and without the express authorisation of BLACKPILLS is forbidden and would constitute a violation of applicable law.

Any inappropriate use of a BLACKPILLS account (for example, use with the purpose of abnormally or artificially increasing the number of views of the Site content), in particular via automated processes such as robots or scripts or by any other method, is strictly forbidden.

The user is fully responsible for any message published on the social networks via the user account or any message published on the Application. Therefore, in the event of any insulting message or message which violates laws and regulations, the user shall be fully liable and shall indemnify BLACKPILLS for any loss incurred in this connection.

BLACKPILLS reserves the right to close the user’s personal account and take action against the user if he violates the provisions of these general terms and conditions.  The user indemnifies BLACKPILLS against any action against it or loss resulting from the inappropriate use of the Service by the user.


Technical measures for the protection of recordings

The user undertakes not to bypass, in any way whatsoever, the technical protection measures set in place by BLACKPILLS, with a view to downloading the videos proposed or more generally with a view to using the content of the BLACKPILLS Application for purposes not authorised by these general terms and conditions.

The user duly notes that deliberately violating any of the technical protection measures and deliberately procuring for, or offering to, others, directly or indirectly, methods designed or specially adapted to violate a technical protection measure exposes him to liability under applicable law.

In the event of failure to comply with these provisions, BLACKPILLS reserves the right to block all access to the Service definitively to any user who has tried to bypass the technical protection measures set in place by BLACKPILLS with a view to preventing the downloading of content from the Site and to take any other action permitted pursuant to these terms and conditions or applicable law.


Obligations and limitation of BLACKPILLS’s liability

BLACKPILLS declares and warrants that it holds all the authorisations necessary to exploit the videos and content of the Service as contemplated herein. EXCEPT AS EXPRESSLY SET FORTH HEREIN, BLACKPILLS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SERVICE, THE APPLICATION OR OTHERWISE.  WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, BLACKPILLS DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER IMPLIED WARRANTIES.

Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to user.


It is expressly agreed that BLACKPILLS cannot be held liable as a result of:

the fraudulent use of the content of the Service by the user, in particular in the event of illegal downloading;
disputes which may arise between users of the Service;
the bad quality of the user’s internet connection or access device; or
except as expressly set forth herein, any other matter relating to the Service or the Application.

IN ANY CASE, BLACKPILLS’ LIABILITY, IF IT WERE TO BE HELD LIABLE WITH RESPECT TO THESE TERMS AND CONDITIONS, THE SERVICE, THE APPLICATION OR OTHERWISE, WOULD BE LIMITED TO THE MATERIAL AND DIRECT LOSS, TO THE EXCLUSION OF ANY CONSEQUENTIAL OR OTHER INDIRECT LOSS, OR ANY PUNITIVE OR OTHER SIMILAR DAMAGES, OF ANY NATURE WHATSOEVER, SUCH AS ANY LOSS OF DATA OR ANY OTHER LOSS RESULTING FROM THE IMPOSSIBILITY OF USING THE SERVICE.

Some jurisdictions do not allow the limitations or exclusions of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to user.


Alert procedure and reporting of abuse

The user must report to BLACKPILLS, as part of the alert procedure described below, any fraudulent use of the Service which comes to his knowledge and in particular any message whose content violates the prohibitions set forth above or more generally which violates these terms and conditions or the applicable laws and regulations.

In the same way, any person who believes that there is a violation of any of his rights may report this to BLACKPILLS in writing by registered mail with acknowledgement of receipt, providing the following information:

The identity of the notifying party: in the case of an individual: first name, surname, date of birth, nationality, address and profession. In the case of a legal entity: form, company name, registered office and the body that represents the company for legal purposes;
The description of the facts of such violation and their exact location on the Application;
The reasons for which the content must be withdrawn indicating the legal provisions applicable.

The user recognises that BLACKPILLS may withdraw, in accordance with the law, any information or content or make access to it impossible as soon as it becomes clear to BLACKPILLS (or BLACKPILLS has reason to believe) that it is illegal. Claims made in relation to any such withdrawal or blocking will be answered individually within a period of two (2) months following receipt of a supporting letter sent - at the expense of the user – by registered mail with acknowledgement of receipt to the registered office of BLACKPILLS as indicated at the head of these general terms and conditions.


Personal data protection policy

User can find BLACKPILLS’ personal data protection policy in the Privacy Policy available at the following address: blackpills.com. The Privacy Policy illustrates BLACKPILLS’ commitment to respecting privacy and using commercially reasonable measures to protect the user’s personal data which is collected and processed at the time of his use of the Service. BLACKPILLS undertakes to comply with the applicable laws relating to the protection of privacy in the automated processing of personal data and notably the EU General Data Protection Regulation. By accepting the General Terms and Conditions for the use of BLACKPILLS services, User indicates his agreement that BLACKPILLS can collect and process his personal data as detailed in the Privacy Policy.
To the extent there is any conflict between any provision of these general terms and conditions and any provision of the Privacy Policy, the latter shall control.



Territory

The content of the BLACKPILLS Application is available and reserved to individuals residing in United-States who have a mobile telephone subscription with a US provider. The accessibility of the “streaming” option, available free of charge, is strictly limited to the territories in which BLACKPILLS has the rights and licences necessary to operate.


Transfer

The user may on no account transfer his rights and obligations stemming from these general terms and conditions to a third party.

BLACKPILLS is entitled to transfer all the rights and obligations stemming from these general terms and conditions to any individual or legal entity without having to inform the user thereof.


Severability

If one or more of the provisions of these general terms and conditions were to be declared invalid, illegal or unenforceable, the remaining provisions shall continue to apply in full and remain legally valid.


Modification of the general terms and conditions

These general terms and conditions can be viewed on-line on the Website and on the BLACKPILLS’ Application. They may be modified by BLACKPILLS at any time without any formality other than putting the new modified version on-line, and such modified version alone shall be binding on BLACKPILLS and the user.


Applicable law

These general terms and conditions are governed by the law of the state of New York, without regard to its principles of conflict of laws.


Competent jurisdiction

The user is informed that in the event of a dispute in connection with the Service, he must turn to the courts located in New York County, New York, to the maximum extent permitted under applicable law.


Deregistration from the Service

The user may deregister at any time from the Service according to the conditions provided in the context of the Play Store or the App Store.

BLACKPILLS may refuse or cancel access by the user to the Service, without notice, in the event of inappropriate use or non-compliance with these general terms and conditions or the applicable laws and regulations or for any other reason in the sole discretion of BLACKPILLS.