Terms and Conditions

Preamble

The website accessible at the URL https://www.streamiumtv.com (hereinafter referred to as "the Site", "the service" or "StreamiumTV") is published by the company Adthink, a localized company at 79 rue François Marmet 69160 Tassin-La-Demi-Lune, registered registre du commerce et des sociétés de Lyon (RCS Lyon B 479 048 589) (Hereafter "Adthink").

StreamiumTV offers internet users temporary access to web tv on the internet via a Subscription service. These General Conditions constitute the contract binding StreamiumTV to any Member registering for the service; these prevail over all other conditions. Any order that an Internet user places on the Site, as well as any use of the Site whatsoever, implies full and unreserved acceptance of these General Conditions of Sale. By subscribing to the Service, the Member unreservedly accepts the application of these General Conditions of Sale to all content accessible for all of their different versions, including any new versions. The Member therefore declares to have the legal capacity to enter into a contract. These conditions of sale are subject to change at any time and these binding on the Member, it is therefore advised to consult them regularly and print them.

The Member agrees to receive communications from StreamiumTV concerning his account in electronic form. These communications may take the form of e-mails sent to the e-mail address provided when registering and include announcements relating to your account (for example, payment authorizations, change of password or payment method, confirmation emails and other information related to payment transactions). These communications are an integral part of the relationship with StreamiumTV. The Member therefore accepts that the announcements, contracts, disclosures and other communications that StreamiumTV sends by electronic means will satisfy all legal obligations, including when these communications are made in writing.

Article 1 - Definitions

Within the framework of these General Conditions, the following words and expressions will have the meaning given to them by the definitions below developed:

"Catalog": designates all of the accessible content for which StreamiumTV holds the necessary rights and authorizations of the assigns with a view to making them available to the Member.

"Activation date": designates the date from which the StreamiumTV Subscriber can consume the Programs.

"License": designates the right of access to the service in return for the subscription purchased. The License is granted by the Company to the Member for the duration of the Subscription in the terms defined in the commercial offer and these General Conditions.

"Programs": designate the cinematographic and / or audiovisual works of StreamiumTV.

“Download / Download”: designates the action allowing the Member to download Programs and keep them for the duration of their Registration.

"Territory": means France and Monaco.

"Terminal / Terminals": designates the computer station of a member by means of which he / she accesses StreamiumTV, whether it is a computer, a mobile phone (in particular mobiles or tablets) or any other device that accesses StreamiumTV.

“StreamiumTVTV”: designates the video on demand service by subscription, allowing the Subscriber unlimited access to the rental of Programs in dematerialized format for strictly private use, in streaming (download and continuous playback).

Article 2 - Purpose of the Service

StreamiumTV is a subscription service. By subscribing to the service, the Member benefits every week from a catalog of VOD content and online TV channels offered on StreamiumTV. In addition to downloading VODs or viewing online TV channels, the Member is granted a Temporary Use License on the content. The delivery of the consideration being made by download or by simple opening of web access, no physical medium (CD, ...) will be sent to the Member.

Article 3 - Elements required to access the Service

Territory: The service is only accessible from France and Monaco.

Computer and IT equipment: Downloading and using the content implies that the Customer has a working computer that meets the basic technical requirements.

Internet access: Each download or online viewing requires Internet access. The content to download or view online represents a consistent format. It is therefore strongly recommended to have a broadband line.

Account: The internet user is notified at the end of their registration process and receives by email a registration confirmation summarizing their login (email) and password. The internet user can then, if he wishes to change this password automatically assigned during his registration, choose a username (his email) and a confidential password, which will give the Member access to all the services offered. by StreamiumTV. The Member shall refrain from choosing a shocking, outrageous identifier, contrary to morality or not respecting the principles set out in these regulations, under penalty of exposure, if necessary, to the applicable sanctions. To register for StreamiumTV, the User must have access to the Internet as well as a valid electronic mail address (Mail). Anyone wishing to become a Member of StreamiumTV undertakes to complete the registration form which is submitted to them, fairly and by supplying exact information.

For these various reasons, each Member remains responsible for its purchases, and StreamiumTV cannot be held responsible for any malfunction linked to a compatibility problem between the downloaded content and the Member's IT equipment.

Article 4 - Registration, subscription forms, invoicing and payment

4.1 - Legal capacity: Any internet user wishing to register for the service must have the legal capacity to contract, and in particular be of legal age. In such a case, StreamiumTV cannot be held responsible for downloads made by Members who do not comply with this provision.

4.2 - Subscription and free trials: Membership of StreamiumTV constitutes a subscription to an online entertainment product, using different means of recurring payments.

Subscription: The subscription to StreamiumTV, which can start with a free trial, is automatically extended each month unless and until you cancel or terminate it. You must have access to the Internet and provide us with an up-to-date, valid and accepted payment method in order to use the StreamiumTV service. We will charge you the monthly subscription fees through your payment method. You must cancel your subscription before its automatic monthly renewal if you want to avoid billing the following month's subscription fees.

Free trials: Your subscription to StreamiumTV can start with a free trial. The free trial period lasts 30 minutes or a week depending on the offer purchased, unless otherwise stated during registration. Restrictions may apply to cumulation with other offers. Free trials are exclusively reserved for new users and certain old users. StreamiumTV reserves the right, in its sole discretion, to determine your eligibility for a free trial. StreamiumTV will start to invoice the amount corresponding to the subscription costs at the end of the free period, except in the event of termination by you before the end of the free trial period.

End of the free period: You will not receive any notice from us informing you of the end of your free trial period or the start of the paid part of your subscription. Click the "Your Account" link at the bottom of any page on the StreamiumTV website (https://www.streamiumtv.com) to view the instructions for canceling your subscription. We will continue to bill your subscription fees each month via the chosen method of payment, unless terminated by you.

4.3 - Commercial offers: StreamiumTV

Subscription offer allowing access to all webTV channels. In this context, the subscription is a weekly subscription with no minimum commitment period. The registration process requires entering your email and then mobile phone and validation of your subscription. This service is subject to eligibility rules according to the various agreements with the Internet service providers.

DCB Mobile Full Web pricing conditions: the subscription is offered the first week and then billed € 3.99 per week on your mobile bill. This subscription allows you to access a set of thematic channels available among those referenced on the site. The promotional offer is only valid once, when you open your account.

In the event of payment incidents, reserves the right to suspend the subscription and the member's account until the situation is completely rectified. No reimbursement can be made in the event of partial use, non-use of the Service by the Member or deletion of certain games by, the price of the Service resulting from a package and the addition of new games compensating for any deletions of old games. 4.4 - Right of withdrawal: In accordance with the applicable legislation, it is specified that the Member has a period of 14 clear days from his registration to the Service to exercise his right of withdrawal and obtain reimbursement of the sums paid , without penalty or reason. However, the Member can no longer exercise his right of withdrawal once he has accessed the services. The Member is therefore informed that any download of data or installation of content will make it impossible for him to use his right of withdrawal. Also, by clicking on "Activate my subscription" or any other equivalent formula expressing your consent to the offer submitted during your registration, You expressly agree to the immediate start of your StreamiumTV subscription which allows you to directly access the service StreamiumTV and watch movies and TV series. You agree to lose your right of withdrawal, but without this affecting your right to terminate the subscription at any time.

4.5 - Invoicing: By activating his StreamiumTV subscription and by providing or indicating a payment method, the Member authorizes StreamiumTV to invoice him for the subscription fees at the rate in force at that time, as well as other fees at his own expense in connection with his use of the StreamiumTV service, on the selected method of payment. The Member acknowledges that the amount invoiced each month may vary from month to month for different reasons, for example due to a promotional offer, or further to a change or addition of a package, and the Member authorizes StreamiumTV to invoice variable amounts on its payment method, which can be billed monthly in one or more installments.

4.6 - Unsubscribe:

It is recalled, in accordance with article 4.4 above, that the Member can no longer exercise his right of withdrawal once he has accessed the services.

4.7 - Payment incidents: You grant StreamiumTV the right to represent any request for debit from your bank account that you have authorized and which would be returned due to insufficient or uncollected funds. In the event of payment incidents, StreamiumTV reserves the right to suspend the subscription and the Member's account until the situation is completely rectified. No refund can be made in the event of partial use, non-use of the Service by the Member or deletion of certain content by StreamiumTV, the price of the Service resulting from a package and the addition of new content compensating for any deletions elders.

Article 5 - Rights and obligations of the Member

5.1 - Use of the Service: Any Member of StreamiumTV must use the service in person and for their personal account only. He must therefore make strictly personal and private use of it within the framework of the family circle to the exclusion of any use, in particular for professional, commercial or promotional purposes.

The Member assumes full responsibility for maintaining the confidentiality of his identifiers (his email) and password, these are personal, confidential, and non-transferable. The Member is in no case authorized to assign his account or his access rights to a third party, and is legally responsible for the use of his account, including in the case of the use of this account by a third party. . The Member is solely responsible for the protection of his username (email) and password. He alone must protect it. He is therefore solely responsible for any connection to the service or transmission of data made using his account and which will be deemed to have been made by himself or under his responsibility. In the event of a dispute arising over the dissemination of the login and password to third parties, StreamiumTV cannot be held responsible.

StreamiumTV advises the participant to:

In the event of loss or theft of his username or password, the Member undertakes to notify the Company by any means so that it proceeds to the immediate cancellation of said username and password.

It is also the responsibility of the Member to provide accurate personal data when registering (username or email which must be valid and accessible). The Member is aware and accepts the principle that any erroneous, invalid or untrue information provided by him during his registration or thereafter, would be characteristic of an attempted fraud and would thus deprive him of his rights.

5.2 - Protection of minors: StreamiumTV offers programs of a pornographic nature liable to harm the physical, mental or moral development of minors. These Programs are prohibited for minors under the age of 18 and are strictly reserved for an informed adult public (“Category V Programs”).

The Member can access such Programs only from his account, protected by a password defined by the Member when activating his subscription on StreamiumTV. In addition, the Member must expressly accept the terms of the "Warning" which will appear before any consultation of the said Programs. Anyone who allows minors to access such Programs is subject to criminal sanctions.

5.3 - Respect of the applicable regulations: The loyalty of the Member must be guided by a desire to respect the laws in force. This loyalty implies in particular that the Member undertakes that the content of his messages, his publications, his communications with third parties or more generally his behavior does not affect:

It is thus recalled that the Site, all Programs, software, information presentations, content, names, trade names, brands of products or services, inventions, and in general any creation accessible via the Service, remain the exclusive property of their respective owners, namely StreamiumTV in the first place, the editors of the content made available or any other beneficiary concerned. All programs, content, services and functionalities are provided under License and only confer a simple right of use to the Member within the strict framework of their subscription. This License does not confer any title or property right, which remain reserved.

Under this license, the Member is not authorized to, in whole or in part, copy, photocopy, reproduce, translate, extract the source code, modify, disassemble, decompile, create derivative products inspired by programs, content, services or features, or remove any identification of the owner's name without prior written permission. The use of StreamiumTV is only authorized for personal use and in particular does not allow:

sell, transfer reproductions, rent or give programs, content, services or features.

publish, online or not or distribute any image, sound, file, graphic, clip art, animation, database or any other content element of programs, content, services or features.

to operate the programs, content, services or functionalities or any of their components in any public place, in particular cybercafe or video game room.

Any contravener to the previous provisions is exposed to a total, immediate and final exclusion from the site without notice or compensation, and is liable to legal proceedings corresponding to the offense committed.

5.4 - Right of withdrawal: In accordance with article L 121-20 of the Consumer Code, it is specified that the Member has a period of seven clear days from his registration to the Service to exercise his right of withdrawal and obtain reimbursement of amounts paid, without penalty or reason. However, in accordance with article L 121-20-2, 1 ° of the Consumer Code, the Member can no longer exercise his right of withdrawal once he has accessed the services. The Member is therefore informed that any download of data or installation of games will make it impossible for him to use his right of withdrawal.

Article 6 - Responsibility of the Service

The connection, the use and the participation to StreamiumTV imply for the participant the User the complete knowledge and awareness of the limits of the Internet for all that concerns the technical aspects of data transfer, protection against viruses and others internet constraints. More particularly, the Company cannot be held responsible for any material or immaterial damage caused to User participants, to their computer equipment and to the data stored there, and to the consequences that may result from this on their personal, professional or commercial activities. Likewise, the Company cannot be held responsible in the event that one or more Members cannot manage to connect to the Site or else cannot manage to use the content due to any technical defect or any problem linked in particular to network congestion and / or a failure of the User's computer equipment.

StreamiumTV undertakes to use all the means at its disposal to ensure continuous access to its Service. However, StreamiumTV cannot guarantee the stability of transfer rates and response times which are not only part of its Service but also characteristics inherent in the Internet and / or services provided by third parties, in particular Access Providers Internet. Likewise, the Service operating through an IT environment placed under the management and responsibility of the Member, StreamiumTV cannot be held responsible in the event of a malfunction of the Service linked to an element over which it has no direct control.

In the current state of information technology, StreamiumTV cannot therefore be held liable in particular in the event of (non-exhaustive list):

In addition, StreamiumTV's responsibility cannot also be engaged in the event of (non-exhaustive list):

Hypertext links may refer to sites other than the Site https://www.streamiumtv.com. The user is invited to read the conditions of said other sites, the responsibility of the Company cannot be engaged in the event that the content of said other sites contravenes the legal and / or regulatory provisions in force.

StreamiumTV gives itself the right to carry out all maintenance operations necessary for the proper functioning of the Service and undertakes, whenever possible, to limit the duration and to intervene in the period during which the inconvenience caused will be the more limited for Members. The Member cannot claim any compensation for such operations.

Article 7 - Service Guarantee

The StreamiumTV service, as well as all content viewed through the service, is reserved for personal and private use. For the duration of his subscription, we grant the Member a restricted, non-exclusive and non-transferable license to use the StreamiumTV service allowing him to watch films and TV series through our service, in streaming, broadcast mode. exclusively reserved for this use. With the exception of the aforementioned restricted license, no right, title or interest is granted to the Member. You agree not to use the service for public meetings.

The Member can only watch a film or TV series using the StreamiumTV service in the countries where we offer our service and in which we hold the corresponding licenses.

StreamiumTV undertakes to use commercially reasonable means to fulfill the obligations incumbent on it under these General Conditions. StreamiumTV is therefore bound, with respect to the commitments appearing herein, only to an obligation of means concerning access to the service and, its operation as well as the Video Games downloaded in accordance with the instructions given on the site.

Except when this limit is prohibited by law, StreamiumTV can in no way be held responsible for any direct, indirect, special, particular, consecutive or incidental damage. In any event, StreamiumTV's liability and guarantee is limited to the possible reimbursement of the sums paid by the Member, to the exclusion of any compensation for facts and causes of which StreamiumTV is not directly responsible.

Finally, StreamiumTV cannot be held liable in the event of non-compliance with the legislation of a foreign country where downloads and / or views are made.

Article 8 - Privacy and Protection of personal data

The data provided by the Members of StreamiumTV, as well as their IP address, are recorded in the service database and are managed with confidentiality concerns. The Member accepts that his names, first names, civilities, nickname, email, postal address, IP address, date of birth and telephone numbers, when registering on the site, and / or when subscribing to StreamiumTV services. The User authorizes StreamiumTV to use their usage data in order to define typologies of users allowing them to offer products and services adapted to the needs and / or uses of Users. Specific data may be provided in the context of the operation of certain services, these will not be kept by StreamiumTV.

declare that they have submitted these treatments to the National Commission for Data Protection (CNIL) through its Correspondent Informatique et Liberté (CIL) under the number XXXX.

StreamiumTV may be required to offer its Members or site visitors participation in loyalty programs, marketing or any other activities taking place on a website or a third-party program. In this case, StreamiumTV is not responsible for the actions or activities of these third parties and urges its visitors to carefully read the terms and conditions offered by those cis. Each Member of StreamiumTV may also object, for legitimate reasons, to the processing of personal data concerning him, or, without reason, to their being used for prospecting commercial purposes.

In accordance with the applicable legislation, In accordance with the law n ° 78-17 of January 6, 1978, relating to data processing, the files and freedoms, and the European directive n ° 95/46 of October 24, 1995 relating to the protection of individuals with regard to the processing of personal data and the free movement of this data, Members registered on StreamiumTV the Site have the right to oppose, access and rectify data concerning them (If the request for deletion of information concerns elements necessary for the proper functioning of the Participant's Account, the account must be deleted).

Therefore, any Member registered on StreamiumTV has the right to demand that information concerning him be corrected, supplemented, updated or deleted; This right can be exercised directly online on the Contact site) contact

The Service is designed to facilitate the navigation of Members. To this end, StreamiumTV uses cookies, the purpose of which is to signal the Member's visit. Cookies are only used for the purpose of improving the Personal Service of each Member. It is possible for the Member, In accordance with law 78-17 of January 6, 1978 relating to data processing, and in particular to its article 32, to oppose the recording of these "cookies" by configuring his Internet browser in result :

However, in case of refusal of these cookies by the Member, StreamiumTV cannot guarantee the proper functioning of all the functionality of its Service.

For any other question, you can contact our customer service:

Article 9 - Intellectual property

The Programs accessible by the User are digital files protected by national and international provisions on copyright and neighboring rights. They are exclusively reserved for private use.

Any use outside this framework is strictly prohibited, in particular the resale, exchange, rental of digital files or their transfer to a third party, and exposes its author to legal and penal proceedings.

Digital Rights Management (DRM) systems make it possible to control their use and aim to offer the User maximum flexibility in the use of the recordings while protecting the rights holders on the programs.

The Member undertakes not to circumvent or damage said protection system necessary for the use of StreamiumTV, nor to encourage third parties to carry out such acts.

Also, all programs, brands, logos, illustrations, games, distinctive signs, texts, sounds, videos, images, interfaces, screens, as well as these conditions present on StreamiumTV are protected by Intellectual and Artistic Property and by Agreements International on Copyright.

Thus, any reproduction or representation not expressly authorized of these elements by the holders of the corresponding rights, constitutes an infringement liable to criminal sanctions. Consequently, the downloaded products can only be used by the Member or the owner of the Terminal on which they were downloaded, only on a personal basis. No reproduction, modification, transmission, sale, sub-license is authorized.

The reproduction, disclosure, use, modification or any other form of unauthorized and / or illegal exploitation, directly or indirectly, by any analogous or different medium, of the elements listed above, will involve the undertaking of the relevant legal actions from StreamiumTV, from the holders of the exclusive rights transferred to StreamiumTV, or from third parties concerned against the offenders.

Article 10 - Evidence

It is agreed between the Member and StreamiumTV that only the data saved on the IT systems of StreamiumTV have probative force as regards the connection elements and the information resulting from computer processing relating to the service.

Consequently, it is expressly agreed that StreamiumTV may rely, in particular in the event of litigation or litigation, of these elements for the purposes of proof of any act, fact or omission in order to assert its legal rights. These various elements constitute admissible, valid and enforceable evidence between the parties, whatever their form or presentation. In the event of a conflict between the data held by StreamiumTV and any other document, it is expressly agreed that said data will prevail between the parties.

Similarly, any operation carried out using the username and password assigned to a Member, following registration, are irrefutably presumed to have been carried out under the responsibility of said Member.

Article 11 - Termination

11.1 - Termination by StreamiumTV: the Service Subscription Agreement may be terminated by StreamiumTV, without notice or compensation for the benefit of the Member in the event of:

11.2 - Termination by the Member: the Member can freely withdraw at any time.

Article 12 - General provisions

StreamiumTV reserves the right to transfer the present to any company of the group to which it belongs, or to any company controlling it, controlled by it.

In accordance with its legal obligations, StreamiumTV will communicate all data required in the context of legal proceedings (this includes data provided by Members and users), and in particular the data necessary for procedures relating to complaints of violation of the rights of third parties . In addition StreamiumTV will communicate all data necessary for the protection of its own interests.

The fact that StreamiumTV did not require the application of any clause of these T & Cs, whether permanently or temporarily, cannot be considered as a waiver on its part to take advantage of it.

The nullity of one of the stipulations of this contract is not likely to involve in the minds of the parties the cancellation of the contract itself, unless it is an essential and determining clause of their consent and that its cancellation is likely to call into question the general balance of the agreement. In the event of cancellation of one of the contractual stipulations, the parties will endeavor, in any event, to renegotiate an economically equivalent clause.

Article 13 - Applicable law and competent jurisdiction

StreamiumTV, the site and these General Conditions of Sale are subject to the legislation in force in the Hong Kong Special Administrative Region of the People's Republic of China.

In the event of a dispute, the parties will make every effort to make every effort to find an amicable solution. In the absence of an amicable agreement between the parties mentioned, the courts of the place of the headquarters of StreamiumTV will have sole jurisdiction without any exception.

Any dispute related to the interpretation, execution or validity of this contract will be subject to the exclusive jurisdiction of the competent court within the jurisdiction of the Hong Kong Special Administrative Region of the People's Republic of China notwithstanding plurality of defendants or appeal warranty.

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WITHOUT DURATION COMMITMENT
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SIMPLE REGISTRATION
SIMPLE REGISTRATION