General Conditions of Use of the Service:
Last updated July 8, 2021.
The use of the HappyGayTV.com site and the Sites and Services made available to you by the SBD Motion Company implies compliance with these General Conditions of Use.
Capitalized terms refer to the following definitions:
The "Company" means SBD Motion [….] whose head office is located at 6 rue du Fort 91120 Palaiseau, France, registered in the Trade and Companies Register under number […] whose intra-community VAT number is […]
The "Site" means the website(s) accessible from the URL link HappyGayTV.com and all the sites published by the SBD Motion Company to present and sell its Services, including in particular:
"User" means any person browsing the Site.
The "Service" means all the services available to order on the Site, and in particular the Services of:
- Downloadable documents such as ebooks, video or audio content
- Online training (supply of digital content in the form of documents, videos, podcasts, ebooks, PowerPoint materials, etc. constituting the training materials)
- Webinar-style online conference (streaming, or registering for a live event)
- Personalized support such as coaching, remotely or face-to-face.
- Subscribe to the HappyGayTV Club.
The "Product" means any type of material product sold online on the Site, and in particular
The "Order" means any subscription to a Service by the Customer with the Company SBD Motion via the Site.
The "Customer" means the natural or legal person, professional or not, subscribing to a Service with the SBD Motion Company.
The "Identifiers" means the username and password provided by the SBD Motion Company to the Customer so that he can access, via the Site or any other means of connection, the subscribed Service.
The "Partner" means any professional partner with whom the SBD Motion Company has a business relationship in the context of the provision of the Service and to whom the Customer may be referred in the context of the provision of the Service.
"Training" means any online training offering the content of which is presented on the Site, generally consisting of written training materials, tests, recorded webinars and support group access.
"Subscription" means any subscription offer allowing access to a paid part of the site offering more programs, in the form of video or audio files.
The "Content" designates all of the elements constituting the sites published by the SBD Motion Company including HappyGayTV.com, namely the audiovisual, sound, textual, literary, graphic, typographical and photographic elements, databases.. And more particularly the Audiovisual Content offered by means of the Player (Viméo) and the comments that you publish on the Hot-Line or any other community space that the SBD Motion Company publishes.
2. CONDITIONS OF ACCESS TO THE SITE AND THE SERVICE
2.1. Access to the Site. The Site is accessible free of charge to anyone with Internet access. All costs relating to access to the Site, whether hardware, software or Internet access costs, are the sole responsibility of the User. SBD Motion cannot be held liable for material damage related to the use of the Site. In addition, the User agrees to access the Site using recent equipment, not containing viruses and with an updated latest generation browser. The User is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet, to access the Site and the Service.
2.2. Access to the Service. SBD Motion will provide the Identifiers allowing access to the Service at the latest within 24 hours from the date and time at which the Customer placed his Order, subject to acceptance of payment by his bank. It is therefore essential to provide a valid email address. The conditions of access to the Service may vary according to the conditions for exercising the right of withdrawal, in accordance with the terms provided for by the GCS and the law.
The Customer is invited to contact the SBD Motion Company if he has not received or if he has lost his Identifiers so that they can be reset within 76 hours. The subsequent provision of Identifiers releases SBD Motion from any liability vis-à-vis the Customer, who cannot hold it responsible for the unavailability of the Service.
2.3. Individual and personal character of Identifiers. Any Login ID provided by SBD Motion to the Customer is strictly personal, individual, confidential and non-transferable. The Customer undertakes to subscribe to the Service only for exclusively personal purposes and declares not to resell, distribute or rent to third parties all or part of the Services and in particular the content of the Services or any other product received within the framework of its Ordered. The Customer who does not respect this commitment is liable to prosecution. The Customer will be liable for any unauthorized, fraudulent or abusive use of his Identifiers, and will immediately inform the SBD Motion Company of the loss or theft of the latter. In the event of proven violation of the conditions of access to the Site or Service, SBD Motion reserves the right to suspend access to the Service, without compensation, notice or prior information.
2.4. Number of accesses. Unless special conditions provide for more extensive access, the subscription to a Service by a Customer only includes access rights for a single person, regardless of the number of employees or establishments of the Customer. If the Customer wishes that several of its employees, collaborators, partners or any other person can access the Service, it must subscribe to as many contracts as there are people for whom access to the Service is desired.
2.5. Maintenance. The Site may be subject to maintenance operations and SBD Motion reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Site or the Service in order to ensure maintenance (in particular through updates) or for any other reason, without the interruption giving rise to any obligation or compensation.
2.6. Contractual liability. SBD Motion implements all reasonable means at its disposal to ensure continuous and quality access to the Site and the Service, but is under no obligation to do so. In particular, SBD Motion cannot be held responsible for any malfunction of the network or servers or any other event beyond its reasonable control, which would prevent access to the Site or the Service.
2.7. Registration on the Site. The SBD Motion Company may provide for a registration procedure on the Site to have access to a User space. The identifiers allowing any User registered on the Site to access the information of his account and his order. Any connection identifier provided by the Company to the User is strictly personal, individual, confidential and non-transferable. The User will be liable for any unauthorized, fraudulent or abusive use of his Connection Identifiers. The User is invited to contact the SBD Motion Company if he has not received or if he has misplaced the information allowing him to connect so that it can be returned to him.
2.8. Loss of identifiers. The User will inform the Company without delay of the loss or theft of his Connection Identifiers. In the event of proven violation of the conditions of access to the Site, the Company reserves the right to suspend access to the Site, without compensation, notice or prior information. The subsequent provision of Identifiers will release the Company from any liability vis-à-vis the User, who cannot hold it responsible for the unavailability of the Site.
2.9. Good Faith Use - Third Party Sites. Any contribution space on the Site and to which the Customer may have access as part of a Service, including on social networks and groups, must be used in good faith. The Customer is prohibited from any defamatory, threatening, hateful, intolerant, obscene, etc. and any denigrating publication likely to infringe the rights of the SBD Motion Company, other Users, third parties or contrary to the law.
SBD Motion reserves the right to refuse access to all or part of the Site, the Service, contribution spaces and groups or to limit access rights to contribution spaces and groups, unilaterally and without prior notification to any Customer who does not comply with the T&Cs, any conditions of use of the Site, the Service and/or any third-party sites, platforms and tools accessible as part of the Service or more generally, any legal or regulatory obligation.
The Customer undertakes to inform himself of the conditions of use of all sites, social networks, platforms and third-party tools accessible within the framework of the Service and to comply with them. SBD Motion has no control over these conditions and declines all responsibility in the event of banishment or litigation of the Customer with these third-party sites.
3. PROTECTION OF PERSONAL DATA
SBD Motion respects the privacy of its Users and Customers. It undertakes that the collection and automated processing of their data for the purpose of improving the Site and the Service, the provision of the latter, commercial prospecting, the management of Orders, contracts and disputes comply with the general data protection regulations (GDPR) and the Data Protection Act in its latest version.
The information requested in the forms available on the Site marked with an asterisk are mandatory and necessary for the management of requests, and failure to respond to a mandatory field will make it impossible for the Company to process User requests.
Customers' personal data will not be kept beyond the time strictly necessary for the pursuit of the purposes indicated. Certain data making it possible to establish proof of a right or a contract may be subject to an intermediate archiving policy for a period corresponding to the limitation periods and foreclosure of legal or administrative actions likely to arise.
Every User is informed and accepts that the Site may include technical devices which make it possible to monitor use (logged-in user account, IP address, type of application used, various logs of connection and use of the User account, etc. ) and are likely to be used in the context of the fight against counterfeiting, and/or to identify and/or prevent any illicit or non-compliant use of the Site
In accordance with the Data Protection Act and the GDPR, the Customer or any person concerned by the processing has, under the conditions of the applicable law, a right of access, rectification, limitation of processing, opposition to processing, portability, erasure as well as a right not to be subject to an automated decision including profiling. Where applicable, the data subject also has the right to withdraw consent at any time.
The Customer is informed and accepts that the Site and/or the Service may include technical devices which make it possible to monitor use (logged-in user account, IP address, type of application used, various connection and use in the User account, etc.) and which are likely to be used in the context of the fight against counterfeiting, and/or to identify and/or prevent any illicit or non-compliant use of the Site.
Any exercise request can be sent by email by clicking on the link here Any person concerned by processing has a right of complaint to the Commission Nationale Informatique et Libertés.
4. PARTNER SITES – HYPERTEXT LINKS
The User can access, through the hypertext links present on the Site or within the framework of a Service, the sites of Partners or third parties, designed and managed under the responsibility of third parties who are not subject to the GCS. The User is therefore invited to read the contractual conditions of use or sale as well as the confidentiality policies or any other legal information applicable to these Partner or third-party sites.
No control over said sites and content is exercised by SBD Motion, which declines all responsibility with regard to their content and the use made by any third party of the information contained therein. This clause applies to all content from Partners.
If a third-party site directs its users to the Site, SBD Motion reserves the right to request the removal of the hypertext link pointing to the Site if it considers that this link does not comply with its legitimate rights and interests
5. INTELLECTUAL PROPERTY
SBD Motion or its Partners hold all intellectual property rights relating to the Site and the Service. Intellectual property rights relate in particular, but not exclusively, to all content, text, images, videos, graphics, logos, icons, sounds, software appearing on the Site and/or Products or constituting the tools and media delivered on the Site and as part of the Service.
Access to the Site and the Service and/or the purchase of a Product does not confer any right to the User or the Customer on the intellectual property rights relating to the Site and the Service, which remain the exclusive property of the Company. SBD Motion or its Partners.
The User may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the Site. and the Service without the prior written authorization of SBD Motion or its Partners.
The use not previously authorized by SBD Motion or its Partners, for any reason whatsoever, of all or part of the Site or the Service may be the subject of any appropriate action, in particular an interruption of access to the Service or an action for infringement.
In return for the payment of the price requested during the Order, the content, techniques, know-how and methods transmitted and, more generally, all the information of the Service are the subject of a strictly personal, non-transferable and non-exclusive for the duration of the Service selected by the Customer at the time of the Order for the duration of the contract only.
As such, the Customer is prohibited from using and exploiting the Service on behalf of other people, including his employees or his entourage. He assumes his responsibility in the event of unauthorized transfer or communication of the content of the Service or sharing in any capacity whatsoever of his Connection Identifiers. The Customer guarantees respect for the intellectual property rights of SBD Motion or its Partners by all of its employees likely to have access to the restricted content of the Site and all the content of the Service.
All the distinctive signs used by SBD Motion are protected by law and any use not authorized by SBD Motion may give rise to prosecution. SBD Motion reserves the right to close the Customer's access to the Service in the event of violation of its intellectual property rights, without prejudice to any penalties and damages.
Non-compliance with the intellectual property of SBD Motion or its Partners will be analyzed as serious misconduct by the User or Customer, causing damage to SBD Motion, which reserves the right, in this case, to claim any damages.