General Terms and Conditions for the use BLACKPILLS services
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.
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 3,799,20 euros, whose registered office is at 4/10 avenue de la Grande Armée – 75017 Paris and registered at the trade and companies register of Paris under number 818 524 233 (hereafter “BLACKPILLS”).
E-mail address: firstname.lastname@example.org,
Intra-community VAT number: FR57818524233.
The Director of Publications is Mr. Patrick Holzman.
E-mail address: email@example.com.
Conditions and terms of 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.
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 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.
The Service is available
(i) by downloading the BLACKPILLS Application via:
(a) the Play Store for devices with Android as the operating system;
(b) the App Store for devices with IOS as the operating system.
(ii) via the Website.
To access the Service, the user must install the Application on his mobile phone and / or go to the Website and proceed to the creation of his user account in accordance with the provisions of article 4 below.
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 Website 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
Conditions for access to the Service
The Service offers a catalog of content that can be viewed by the user in return for the payment of a rental price.
The user is therefore fully informed that the contents cannot be offered permanently, especially in view of the exploitation rights held by BLACKPILLS on its programs.
However, BLACKPILLS reserves the right to withdraw or add content at its discretion alone for technical, commercial or other reasons.
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 offered by BLACKPILLS is available for a maximum period that is equal to the length of BLACKPILL’s exploitation and broadcasting rights.
6.4 Rental of a content
Any act of renting a content supposes the connection of the user to his user account.
The user chooses the content to be consumed and proceeds to the payment of the content in final VOD at the rate at the time of the order.
This transaction is recorded on his user account, and the user finds the content in the catalog.
6.5 Viewing content
The content can be viewed either in streaming or after temporary download (offline mode) during the period of availability of the content, it being specified that:
• the viewing in streaming is subject to an Internet connection to the user’s account
• the offline mode is only possible (i) for content purchased and previously downloaded on the user account and (ii) on iOS.
It is specified that the Service does not allow the user:
• to store, copy or save a copy file on a physical medium (DVD-R type) or a device or equipment other than a mobile phone;
• to share the content of his user account and particularly the content purchased with other users.
Content available free of charge
Downloading the 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.
The user recognizes that the communication of the information related to his credit card and clicking on the button of confirmation of payment at the moment of the purchase of a content is considered as an authorization of debit of his bank account in favor of BLACKPILLS due the total amount of the order, including the costs and VAT. An invoice will be sent to the email provided by the user.
The user acknowledges and accepts that for the purpose of facilitating his order and provided that the user has created a user account, the bank details initially transmitted on of the first order may, with the consent of the user, be registered on his user account, at the request of the user and in a secure way to carry out his subsequent orders on the Service.
The viewing of the content will be possible for the user as soon as the payment by the credit card is approved and provided that the user has expressly requested the viewing of the content in streaming.
Via the Application, payment will be made directly via the Play Store or the App Store.
Via the Website, payment will be made by credit card directly on the Website.
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.
Unsubscription of the Service
Unsubscription of the Service by the user
The user may unsubscribe at any time from the Service as provided in the Play Store or the App Store or by deleting his user account, on request.
Suspending / Deleting Service Access by BLACKPILLS
BLACKPILLS reserves its right to suspend or delete the account of the user, without notice, in case of:
• payment problem;
• or inappropriate use or non-compliance with these terms and conditions or applicable laws and regulations.
Responsibility of the user
The content accessible via the Service 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 Website 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 Website 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.
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 Service 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 Service 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 Service;
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
As part of the Website, it is implemented "cookies" to process statistics and traffic information, facilitate navigation and improve services BLACKPILLS for the convenience of the user, which can oppose the registration of these "cookies" by configuring its browser software.
The content of the Service 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.
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.
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’ 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.
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.
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.