The website is hosted on the servers of the company ONLINE SAS, société par actions simplifiée au capital de 214 410,50 Euros, filiale du groupe Iliad, immatriculée au Registre du Commerce et des Sociétés de Paris sous le numéro RCS PARIS B 433 115 904, numéro de TVA FR 35 433115904. BP 438 75366 PARIS CEDEX 08..
The website is edited by RGB Viking, société à responsabilité limitée au capital de 100 000,00 Euros, immatriculée au Registre du Commerce et des Sociétés de Toulon sous le numéro RCS TOULON 813 085 065. 59 Rue Victor Reymonenq, 83200 Toulon, FRANCE, hereinafter referred to as "RGB Viking".
For the understanding and interpretation of these Terms of Use, the following terms have the following meanings:
"Profile" means all information including images, content, data, text, entered by the user and made available to other users on the site.
"Terms of Use" refers to this contract.
"bdsmsutra" and "BDSMSUTRA.COM" means the website accessible at the URL BDSMSUTRA.COM and its sub-domains.
"User" means the user validly registered to the service accessible through the website BDSMSUTRA.COM.
"Subscription" means the subscription fee needed to access some services of BDSMSUTRA.COM.
The BDSMSUTRA.COM site is a dating site. Registration on the site is free, but access to certain features of the Site implies the payment of a subscription fee by users.
Registering an user account constitute a binding agreement between you and RGB Viking to have read and accepted the Terms of Use in effect at the date of first access to the BDSMSUTRA.COM Site.
RGB Viking reserves the right to change or amend at any time all or part of these Terms of Use. Accordingly, it is the responsibility of the user to regularly check the update to these Terms of Use, permanently available on the website BDSMSUTRA.COM.
Any use of the BDSMSUTRA.COM Site after a modification of the Terms of Use is pure and simple acceptance by the user of the new Terms of Use.
To be user of the Site BDSMSUTRA.COM, the user must be at least 18 years old and the age of majority and legal consent in the jurisdiction in which he live or reside. As well as filling completely all required fields on the registration form with accurate data.
The user confirm that the informations, including personal informations, is accurate, complete and up to date and to perform any necessary updates.
In particular, the user agrees not to create a profile containing deceptive, defamatory, illegal and/or commercial information and not corresponding to reality (including but not limited to choice of age or gender: man, woman, couple or transsexual / transvestite., Etc.).
The User's Profile will be published after validation by moderators. As such, RGB Viking reserves the right to remove any content, data, text, image that does not comply with these Terms of Use.
Once registered, the user has a username and a password, which are strictly personal and confidential.
The registered user account is for individual, personal use only, and may not be authorized for others to use it for any purpose.
The user is informed that in case of disclosure of these identification elements to a third party, it will be responsible for any actions or statements made by use of this user personal account, whether fraudulent or not.
Registration for the service of BDSMSUTRA.COM is free. Registration includes the drafting and publication of personal ad, as well as the view and interaction of pages of the website.
Sending messages to other users on the BDSMSUTRA.COM website, directly or in response to a received message, requires a subscription. The rates are different depending on the length of the chosen subscription and may change from time to time.
The subscription on the BDSMSUTRA.COM website begins on the validation date of the credit card transaction.
For user comfort, subscriptions are automatically renewed.
Unless otherwise indicated, Subscriptions Fees cover an initial period, for which there is a one time charge, followed by recurring periodic charges for subsequent periods as agreed upon subscription. The user acknowledge that the subscription has an initial and recurring payment feature and accept responsibility for all recurring charges prior to cancellation.
The user may cancel their subscription at any time by following the procedure received by email upon completion of the subscription. This cancels the renewal but lets the user benefit the remaining days of subscription as long as the User account was not deleted by the User.
The cancellation of a subscription must be initiated at least two working day hours before the renewal date of recurring charges.
The user can at any time change the subscription plan. He will need to cancel the active subscription first, then subscribe to the new chosen formula. The remaining days of the old subscription will add up to the new subscription.
The user must keep safe copy of the email containing billing details. It may be required for any claim or dispute.
Right to retract :
Pursuant to Article L 121-21 of the French "Code de la Consommation français", the user must be allowed a period of fourteen days from the completion of their subscription to exercise a right of withdrawal without penalty and without cause.
However, according to Article L121-21-8 the French "Code de la Consommation français", the right of withdrawal may not be exercised for contracts concerning digital content not supplied on a tangible medium, whose implementation began after prior express consent of the consumer and expressly waiving his right of withdrawal.
By using the services of the BDSMSUTRA.COM website after his subscription, by any means whatsoever, including but not limited to sending a private message, the user expressly waives his right of withdrawal and acknowledges having started use of it with express consent.
The right of withdrawal can not therefore be exercised within the framework of the subscription subscriptions once the user has started use the services.
By accepting these Terms of Use, the user expressly agrees to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way or commit abuse;
- impersonate or misrepresent your affiliation with, including acting as an employee of, us or our affiliated entities;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "affiliate marketing codes," "link referral code," or any other form of commercial solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, networks or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including using any device, software or routine to bypass our robot exclusion headers;
- violate any applicable local, national or international law, and any regulations having the force of law;
- "stalk" or otherwise harass another person or user;
- collect or store personal data about other users without their consent (including, but not limited to, through the use of scripts, bots or web crawlers) or upload, post, email, transmit, chat or otherwise disclose other users' private information; or
- disclose any telephone numbers, street addresses, last names, URLs or email addresses in any user profile that you create.
- use the services of bdsmsutra for purposes of prostitution or soliciting.
- use the services of bdsmsutra for professional or commercial purposes, in any case not private.
- advertise for another site or service, competitor or not, in order to divert registered users, or for any other reason, including by means of hyperlinks.
- create a false user profile in order to deceive the BDSMSUTRA.COM website and / or other users. If in doubt about the veracity of a profile, RGB Viking may conduct any verification that it deems necessary and it will be up to the user to demonstrate that their profile corresponds to all the information given at the creation of its user registration. The user must then submit to any procedure specified by RGB Viking to him, including through a video conference via webcam. In case of refusal of the user to undergo such a check, RGB Viking reserves the right to remove the user's account without refund. In case of repetition, the user will not be allowed to register new profiles on the website.
RGB Viking reserve the right to refuse to transmit or post, and to disclose, block or remove any Content, including but not limited to, Personal Content, in whole or in part, that RGB Viking, at its discretion, deem to be in violation of these Terms or otherwise harmful to persons using the Services, regardless of whether this material or its dissemination is unlawful.
Thus, in the event that an injury would be brought against any of the users by another user of the BDSMSUTRA.COM website, and in accordance with the provisions of this section (including by sending a defamatory message insulting obscene, offensive, violent or inciting violence, etc.), the injured user may refer to the webmaster, moderator or BDSMSUTRA.COM site administrator.
In case of a complaint by one of the users, the offending message will be transferred to the moderator of the website, which may decide unilaterally to delete the account of the user who caused the injury, without the latter being able to ask the website for refund of subscription. Therefore, the parties expressly agree that, given the abusive, defamatory, etc. of messages, correspondence between users may be communicated by the aggrieved user to BDSMSUTRA.COM managers for a quick resolution of the dispute. Also, for sake of impartiality, it is specified that in communicating the disputed message, the user communicates to managers all exchanges belonging to the same discussion.
In any event, and in case of repetitive abuse, the webmaster, moderators or site administrators of BDSMSUTRA.COM website reserve the right to delete any user account not following the rules above. In all these circumstance, no refund will be made and RGB Viking reserves the right to claim damages for harm allegedly suffered on itself or that one of its partners would have suffered.
RGB Viking follow the laws in use in France for the protection of privacy and personal data.
RGB Viking respects the law "informatique et libertés" n° 78-17 of 6 January 1978 amended by Law 2004-801 of 6 August 2004 incorporating into French Law the Directive 95/46/CE of 24 October 1995 on the protection of personal data and privacy within the European Union and the law on "confiance dans l'économie numérique" n° 2004-575 of 21 June 2004 (amended Article L. 33-4-1 of the "code des postes et télécommunications" and article L. 121-20-5 of the "nouveau du code de la consommation") integrating into french Law the Directive 2000/31/CE of 8 June 2000 on electronic commerce and Directive 2002/58/CE of 12 July 2002 on the protection of personal data and privacy in electronic communications.
The user indicates his explicit consent to the processing of its personnal data by RGB Viking. information, indications or content that users can stream optionally on the site BDSMSUTRA.COM likely to reveal the ethnicity of the user, its nationality, religion and/or sexual preference. By communicating such information on BDSMSUTRA.COM website, the user takes sole responsibility.
In any event, RGB Viking can not be held responsible for items that the user would release its own initiative.
Consequently, the user waives all recourse against RGB Viking for harm or damage resulting from the dissemination of information about his personal life on the site BDSMSUTRA.COM as described above.
The user has the right to access and rectify Personal Data concerning him.
The user may exercise this right at any time and directly on the website BDSMSUTRA.COM correcting, supplementing or deleting the information about it.
The user can also exercise this right by e-mail at support@BDSMSUTRA.COM
The user can, at registration or at any time thereafter, request to receive or stop receiving the bdsmsutra newsletter.
RGB Viking guarantees that the personal information provided during registration by the user, and that does not constitute its personnal ad and/or the profil details, will not be accessible to third parties or transmitted, sold or exchanged.
9.1: Responsibility of bdsmsutra :
The BDSMSUTRA.COM website provides storage of signals, writing, images, sounds or messages of any kind provided by recipients of those services. Therefore, RGB Viking should be considered as a content host under French law, in particular Article 6 of Law No. 2004-575 of 21 June 2004.
In this hosting provider quality and in accordance with Article 6.I.7 of Act No. 2004-575, RGB Viking is under no general obligation to monitor of user content.
9.2: Disclaimer of RGB Viking :
User expressly acknowledges that the constraints of Internet do not allow RGB Viking to ensure the availability and ongoing security of data transmissions on the BDSMSUTRA.COM Site.
RGB Viking may not be held responsible of a malfunction or an inability to access the site BDSMSUTRA.COM attributable to the user's ISP, to congestion of the Internet, to unsuitable material or any other circumstance outside RGB Viking.
Similarly, RGB Viking may not be held responsible of a malfunction or access impossibility to BDSMSUTRA.COM due to maintenance or updating of the website.
RGB Viking can not be held responsible for the accuracy or inaccuracy of the information provided by other users of the Service, or for any consequences that may ensue.
If disclosure or spoofing of a user's identification elements to/from a third party, the user will be responsible for any actions or statements made through his personal user account, whether fraudulent or not.
Moreover, RGB Viking can not be held responsible for any consequences of disclosure by the user of information, text, content and images, videos about him. By accepting these Terms of Use, the user expressly waives any recourse against RGB Viking on the basis of infringement of the right to the image, honor, respect for private life resulting from the dissemination or disclosure of information about it in the context of the use of bdsmsutra Service.
And also more generally, RGB Viking not be held liable by the user due to computer errors due or not to RGB Viking.
Assuming responsibility for RGB Viking would be sought concerning the failure by a user to respect the law or these Terms of Use, the latter undertakes to guarantee RGB Viking against any judgment against it.
Finally, RGB Viking disclaims any liability for meetings between users, even if these meetings were made possible through the BDSMSUTRA.COM website. In this respect, it is particularly recommended for users to tell someone close and choose a public place during a first physical meeting.
The user has, at any time and without cause, the right to terminate its registration of bdsmsutra service. The termination of the user's registration can be done by email.
This request does not entail refunding of the subscription for the remaining period of subscription.
RGB Viking reserves the right to restrict access to use of the Services, without notice or liability, and to terminate the subscription and delete user's account for any or no reason whatsoever.
The termination of the subscription and deletion of the user's account will be reported/confirmed by email.
This termination does not give refund of the fee for the remaining period of the subscription.
11.1. Authorization of photographs, videos and text sharing.
The user expressly authorizes RGB Viking to freely distribute any photograph, video or text that the user will make available on the BDSMSUTRA.COM website and, from the website, to all territories on all electronic communication media (including via mobile) and any variation and/or adaptation of the website on Smartphone. Therefore, the user expressly consents to RGB Viking a license to use the intellectual property rights attached to the content provided. This license includes the right for RGB Viking to reproduce, represent, adapt, translate, scan the contents provided by users (including text, images, sounds, videos, etc.) on any medium which would broadcast the BDSMSUTRA.COM website.
The user is also informed that in view of the intrinsic characteristics of the Internet, the data transmitted, including any photograph, video, or text posted by users are not protected against the risk of diversion and/or hacking, which RGB Viking may not be be liable for. Therefore, it is the User responsibility to take all appropriate measures to protect such data.
11.2. Respect the rights of others
Users are responsible for content they post online and undertake that the information published does not violate any laws or regulations in force and in particular relating to copyright.
Thus, by posting a photograph, video, text, sound, comment, etc. on the BDSMSUTRA.COM website, it is User responsibility to ensure that the distribution of this content is not:
- A personal injury (including defamation, insults, etc.) and to respect private life
- A breach of public order (including advocacy of crimes against humanity, incitement to racial hatred, etc.)
- A violation of intellectual property rights of others
Thus, by posting a photograph, video, text, sound, comment, etc. online, the User warrant to hold all necessary rights and permissions from the copyright holders concerned.
Therefore, no action may be brought against RGB Viking for non respect by the user of one of these provisions.
Finally, the RGB Viking reserves the right to immediately remove any content that violates the terms of Use as well as the user's account responsible for publishing such illegal content.
All components of BDSMSUTRA.COM website are the exclusive property of RGB Viking. Therefore, names, contents (other than that posted by users), graphics, logos, trademarks, designations, features, images, and any other hardware or software, are the exclusive property of RGB Viking and are covered by the law of intellectual Property and any other active law or regulation.
All Content is provided to Users solely for information and personal, non-commercial use.
The contents of BDSMSUTRA.COM website may not, at any time, be downloaded, copied, altered, deleted, distributed, sold, leased or operated in any manner whatsoever without the express written consent of RGB Viking. In addition, users of the BDSMSUTRA.COM website are not allowed to modify, enhance, edit, translate, decompile, or create one or more derivative works from the content of the website.
13.1: Time
These Terms of Use apply throughout the live period of BDSMSUTRA.COM website.
13.2: Update of Terms of Use
These Terms of Use are updated regularly and are therefore subject to change.
Particularly in view of extensions and improvements of services, RGB Viking reserves the right to adapt or modify at any time the scope of services offered through the website.
These Terms of Use have been updated on April 27, 2016, this edition supersedes all previous editions.
By continuing to use the BDSMSUTRA.COM website after these amendments constitute a tacit acceptance of the new Terms of Use.
13.3: Invalidity
If any term hereof shall be invalid under a law in rule or a final court decision, it would then be disregarded without invalidation of the Terms of Use or altering the validity of its other terms.