Terms of Service
Version dated 31.12.2023
Hey there, welcome to TWEEZY – the go-to spot for content creators, e-commerce brands and e-learning providers to dive into their passions!
AURALES SAS, the brains behind TWEEZY, is a chill French company (officially known as a simplified limited liability thing) rocking it in the Fréjus Trade and Companies Register under number 809 565 906. You can find them at 12, Boulevard des Fauvettes, SAINTE-MAXIME, France.
And just in case you were wondering, they're all legit with the VAT number FR16953139235, SIREN 953139235, SIRET 95313923500014. So, whether you call them "the operator" or just plain "TWEEZY," you're in good hands!
TWEEZY allows you to:
Get ready for some cool stuff on TWEEZY!
When you hop on the platform, you can sign up for a subscription with your favorite Creators and unlock exclusive media they've got going on.
Just a heads up, TWEEZY is all about being the online platform maestro.
They're here to host and list all that awesome media, plus make sure Creators and Users can link up for some serious media sharing and promotion vibes.
Oh, and to keep things in check, the rulebook for using the Platform and its features is laid out in these General Terms of Use (GTC). Enjoy the ride!
If you're diving into the TWEEZY world for any reason, just know that you're automatically giving these General Terms and Conditions of Use (GTCU) a big thumbs up. Using the platform means you're all in and cool with the rules – it's the name of the game!
Let's kick things off with a little vocab lesson – welcome to… Article 1: Definitions. This is where we break down what's what in the TWEEZY universe. Time to get in the know!
Let's decode the jargon! In these Terms of Use, the terms listed below get their meaning. So, if you're wondering what's what, this is the section that spills the beans. Let's break it down!
"Account": when we say "Account" in these Terms of Use, we're talking about the snazzy computer interface you get on the Platform. It's your personal spot to work the magic, use the Platform, and dive into the Services. Plus, it's like your own little corner to host all your data. Cool, right?;
"Ambassador": when we toss around the term "Ambassador" in these Terms of Use, we're talking about a User who's out there spreading the love. This awesome individual refers a Creator or another Ambassador using a nifty referral link, following the rules laid out in the Sponsorship Terms and Conditions. It's all about sharing the good vibes!;
"Bank Charges": these are the fees snatched from the cash you throw in for the Payment Services benefiting the Creator. It's a percentage sliced off the processed amounts. So, just to be clear, we're talking about these charges being calculated on the actual paid amounts – that includes taxes, VAT, and any extra fees that might pop up. Money matters, right?;
“Bookmark“: It's like a digital page mark – a handy tool you use to tag or bookmark content. This makes it a breeze to locate stuff in the right section of your Account. Easy peasy!.
"Chat": referring to the real-time public messaging feature where Users can drop messages during a Live session. It's the spot for instant interaction – chat away! ✨;
"Commission": is the slice of the Creator's earnings that goes to TWEEZY as a thank-you for its Services. This cut is a percentage of the Price tagged on an Order made with the Creator. It's the way we keep the gears turning!;
"Content": anything a User puts out on the Platform. It could be the cool stuff a Creator shares – like Media, or just a message or content of any sort (text, image, video, sound, you name it) that any User throws into the mix. It's the whole shebang of what gets shared on the platform!;
"Creator": refers to any individual or company that's hopped on board, signed up on the Platform, and is sharing their Media. They're the awesome folks who've nodded in agreement to the General Terms and Conditions. Here's to the creators!;
"Credentials": the User's email address and the chosen password. You need these bad boys to unlock the door and get into your Account on the Platform. Guard them well!;
"General Sponsor Terms and Conditions": the rules of the referral game. They lay out how Users can refer other Users, spelling out the nitty-gritty details. It's the guidebook for spreading the word! ??;
"Terms and Conditions of Sale": the rules of engagement when it comes to subscribing to a Subscription and snagging some Private Media, Push Media, and/or Live Access Tickets. It's the script for the shopping spree!;
"General Terms of Use" or "GTU" or "Contract": the ground rules. You can find these terms right here on the Platform, and they're the go-to guide for how Users should roll on the Platform. It's the handbook for navigating this digital playground!;
"General Terms and Conditions" or "GTC": encompass the big picture. It's not just the General Terms and Conditions themselves but also all the Annexes that come along for the ride. Together, they're the rulebook governing how TWEEZY serves up its services to the Creators. It's the full package!;
"Interested User": refers to any User who's caught TWEEZY's attention because they're keen on a Creator's Media or Profile. The catch here is that they haven't taken the plunge into a full-blown Subscription with that Creator just yet. It's the stage of curiosity and interest!;
"KYC": it's a process where a User needs to provide specific elements to prove their identity and eligibility for certain Services offered by TWEEZY. It's all about keeping things legit and making sure everyone's on the same page!;
"Live": the cool feature that lets you live-stream Media right through the Platform. Whether you're tuning in for free or tossing in a few bucks, it's the spot for real-time action and connection with a Creator. Lights, camera, action!;
"Media": covers all the goodies a Creator puts out there – photos, videos, music, audio files, podcasts, lives, info, texts, logos, brands, animations, designs, models, data, and anything else they dream up. It's the content that a Creator, with all their creative mojo, shares on the Platform under their own responsibility, following the terms and conditions that come with the Services. It's the artistic buffet!;
“TWEEZY” or “the Operator”: AURALES SAS, the brains behind TWEEZY, is a chill French company (officially known as a simplified limited liability thing) rocking it in the Fréjus Trade and Companies Register under number 809 565 906. You can find them at 12, Boulevard des Fauvettes, SAINTE-MAXIME, France. And just in case you were wondering, they're all legit with the VAT number FR16953139235, SIREN 953139235, SIRET 95313923500014. So, whether you call them "the operator" or just plain "TWEEZY," you're in good hands!;
"News Feed" or "Feed": the User's news feed right there on the home page of the Platform. It's the hub for all the latest updates and content. Stay in the loop!;
"Non-Public Media" any Media that's intentionally kept a bit fuzzy on the Profile. It could be Visible Media for a Subscription, Private Media, Push Media, or even a Live. Essentially, it's content that's not fully out in the open, adding an element of exclusivity or privacy. Keep it on the down-low!;
"Order" : any request made by a User on the Platform for a Subscription, Private Media, Push Media, and/or Ticket with a Creator. It's the go-to term when you're gearing up to snag some exclusive content or access. Ready, set, order!;
"Parties": the dynamic duo of TWEEZY and the User, working together. But when it's in the singular, it's all about one of the power players – either TWEEZY or the User, doing their solo thing. It's all about the company you keep!;
"Platform": the online hub you can access at https://tweezy.io/ or via the linked mobile apps. The Platform is the whole enchilada – it covers all the web pages, Services, and features rolled out for Users to dive into. It's the digital playground!;
"Price" the amount of money (or maybe even crypto-assets in the future) that a User shells out to a Creator through the Platform. It's the currency of choice for grabbing a Subscription or some awesome Media. Pay to play!;
"Private Media" or "Custom Media": covers all the Media that gets swapped between a Creator and a User through messaging. Here's the catch – this Private Media needs to align with the Specifications requested by the User. Plus, it's hush-hush – you won't find it popping up in the Creator's profile. It's a personalized, behind-the-scenes kind of vibe!;
"Profile" : it's the Creator's showtime page! The Profile is like a presentation space that showcases not only what the Creator is all about but also the Media and Subscriptions they have up for grabs. It's the go-to spot for getting to know a Creator and their offerings. Lights, camera, profile!;
"Public Media" refers to all the Media that a Creator puts out on their Profile for the world to see. It's the content that's out there in the open, available to any User who wants to take a peek. It's the public showcase of the Creator's talents!;
"Push Media" refers to any Media that a Creator spontaneously shares directly with one or more Users through private messages. It's the Creator taking the initiative and pushing out content to specific Users. It's like a surprise delivery of cool stuff!
"Services" the whole array of offerings that the Operator provides to Users through the Platform. It's the suite of features and goodies up for grabs. Think of it as everything TWEEZY has on the menu! ;
"Specification" refers to the specific features or characteristics of a Private Media. These details are either proposed by the Creator (Offeror) or requested by the User when making a Request. Any Private Media involved in an Order on the Platform must meet the Specifications agreed upon between the User and the Creator. It's all about getting what you asked for!;
"Story": Media shared by the Creator to showcase their latest updates. The twist? It automatically vanishes after a cool twenty-four (24) hours. It's a snapshot of the moment, here today, gone tomorrow!;
"Subscriber" : a User who has gone ahead and purchased a Subscription from a Creator. They're the VIPs, enjoying exclusive content and perks from their chosen Creator. Subscription squad, assemble!;
"Subscription" basically your ticket to access the Creator's content, and you get it by paying the Subscription fee;
"Ticket" what you snag to join a Live, and it's basically the pass you get after placing an order;
"Tip": the cash you toss the Creator just because you feel like it—no strings attached, purely at your own discretion;
"User" : any person who accesses and browses the Platform, whether a Subscriber, Creator, Ambassador or individual Internet user;
Article 2. Purpose
These GTC, the deal between TWEEZY and you, are here to spell out what each of us is responsible for when it comes to using the Platform and all the cool stuff it offers.
It is understood that:
Article 3. Acceptance of the General Terms and Conditions of Use
Using the features of the Platform and Services means you're on board with these GTCU. So, the User commits to giving these General Terms and Conditions of Use a good read when hopping onto the Platform. It's suggested to download, print, and keep a copy handy.
If you're diving into the Platform, getting a Subscription, or grabbing some Media, you're saying:
Article 4. Technical Specifications
When you're on the Platform, you're saying you've got the know-how and tools to handle the features it offers. It's on you to have the gear needed to get on the Platform, be it a phone, computer, tablet, or any other nifty device. Also, any costs for using telecommunications are your responsibility.
Article 5. Role of TWEEZY
5.1. TWEEZY's role as online platform operator
TWEEZY functions as an online platform operator.
The Creator has the sole responsibility for selecting the Price Amount, and the publication of Media is also the Creator's responsibility. The Operator's role is limited to serving as a host for the content.
5.2. Obligation of General Pre-contractual Information: Ensuring Fairness, Clarity, and Transparency
In its role as an online platform operator, TWEEZY operates in a neutral, clear, and transparent manner.
5.2.1. Referencing Profiles and Content
The standards for featuring and organizing Creators, along with the Media showcased on the News Feed, are outlined in a dedicated section, in compliance with the relevant regulations. You can find this information on the Platform and/or the Support Website.
5.2.2. Information on Creators’ tax obligations
In compliance with Article 242 bis of the French General Tax Code, TWEEZY commits to:
• During each transaction, provide Creators with information on applicable tax regimes and social regulations, along with reporting and payment obligations to tax authorities and social contribution bodies. Additionally, inform them about the sanctions for any breaches of these obligations (refer to Appendix 1: Information on civil and tax obligations).
• Monthly issuance of a summary detailing transactions conducted in the preceding month.
• Provide Creators with a document every January summarizing the gross amount of transactions processed through the platform in the previous year.
Creators are encouraged to refer to the General Terms and Conditions for detailed information on their fiscal and social obligations.
5.3. Fight against cyber threats and cyber pimping
TWEEZY places significant emphasis on combating cyber threats. To address these challenges,
TWEEZY has implemented mechanisms to counter cyber threats and cyber exploitation, which are outlined on the "Cyberprotection & Support" page found in the website footer.
To effectively counter these threats, TWEEZY is implementing:
• A de-anonymizing system for Users to offer support to law enforcement if needed and ensure accountability for all Users.
• Enhanced Know Your Customer (KYC) procedures for all Users.
• Information Technology (IT) moderation of Media and user interactions utilizing artificial intelligence tools that adhere to the relevant legal framework and TWEEZY's status as a host.
• Tools to verify the age of Users accessing adult-oriented Media with potentially erotic or pornographic content.
Article 6. Requirements for Access and Registration on the Platform
Internet users and individuals, interested in becoming a User, Creator or Ambassador are encouraged to follow the steps outlined below.
6.1. Registration on the Platform
6.1.1. Registration as a “User”
To become a "User," simply register by choosing the "User" tab or by visiting the following web page: https://tweezy.io/signup.
To register as a “User”, the User must:
To register according to the traditional registration procedure, the User must then fill in the following information on an online form:
6.1.2. Registration as a “Creator”
To register as a Creator, the User must also register as explained in Art. 6.1.1.
Immediately after registration and before offering paid content, the Creator is obliged to fill in the following in his profile:
Billing information
If the data provided meets TWEEZY's expectations, the General Terms of Service will be definitively concluded with TWEEZY. The Creator will then be considered “certified” and may publish Media againts payment on the Platform.
6.1.3. Registration as an "Ambassador"
There is no separate registration as an "Ambassador". Any User can be considered an "Ambassador".
6.2. Access and management of the Account
Upon completion of the registration process, the User will have an Account on the Platform. Users can personalize their Account by changing their pseudonym, password, or adding a profile photo if they wish to do so. The User commits to using a profile photograph that does not violate public order and morality, infringe upon the rights of others, or breach any legal standards.
The User agrees to provide TWEEZY with accurate, truthful, and current data through their Account, ensuring it does not infringe on the rights of third parties. Any necessary updates to the data provided during registration should be promptly communicated to TWEEZY by the User. The User is fully responsible for the accuracy and currency of the data associated with the opening and management of their Account.
6.3. Credentials Management
The email address and password collectively constitute the User's Credentials. The User agrees to create a single Account on the Platform, except when the User is also a Creator. TWEEZY disclaims any responsibility for the detrimental effects that may arise from a single User using multiple Accounts. Users are exclusively accountable for the use of their Credentials and actions conducted through their Account, irrespective of who performs the actions using the Credentials.
If a User reveals or employs their Credentials in a manner contrary to their intended purpose, TWEEZY reserves the right to delete their Account without prior notice or compensation. TWEEZY cannot be held liable in case of identity theft. Actions carried out from a User's Account are presumed to be performed by that User since TWEEZY is not obligated and lacks the technical means to verify the identity of individuals accessing the Platform through an Account.
In the event of a lost or forgotten password, the User must promptly reset it using the "forgotten password" button and entering the previously specified email address linked to their Account. Any unauthorized use or misuse of a User's Credentials and its consequences are the sole responsibility of the User, who must promptly notify TWEEZY via email at the following address: support@tweezy.io.
6.4. Account Certification
The certification of the Account makes it possible to indicate the authenticity of the Account to other Users. Users may request certification of their Account under the conditions set out below.
6.4.1. User Account Certification
TWEEZY has the right to ask Users to authenticate themselves.
Users can request certification of their Account with TWEEZY by following the steps outlined below full personal details;
If the account is associated with an individual or entity operating in a professional capacity:
TWEEZY will assess the User's certification request and retains the right to reject any request that does not align with the specified criteria mentioned above.
Users are advised that TWEEZY may revoke the certification of their Account or terminate their account without notice or compensation if the User no longer meets the aforementioned criteria, especially in the event of a serious or repeated violation of these General Terms of Use. This includes instances such as:
6.4.2. Creator Account Certification
The conditions under which the Creator Account is certified are described in the General Terms of Service.
6.5. Account Deletion
6.5.1. Deletion of the User Account
At any time, a User may delete their account in their account settings.
Any deletion of an Account is final and does not give rise to any refund, regardless of prepaid subscription periods.
6.5.2. Deletion of the Creator Account
The terms and conditions for Creators to delete their Account are outlined in the General Terms of Service.
Article 7. Description of the Services
7.1. Services Provided to all Users
Any User can explore the Platform's features by registering and subscribing.
TWEEZY's primary service is to enable registered Users to discover Creator Profiles and view the Media they publish.
Users have access to:
Registered Users automatically gain access to:
Users can also:
7.2. Services provided to Users
7.2.1. Access to Non-Public Media
Creators can share Public Media for free, and anyone can check it out.
But just because it's out there for everyone doesn't mean you can claim it as yours—Users, please don't share it elsewhere or with third parties. And remember, even though Stories might disappear, Creators are still accountable for what they post.
7.2.2. Access to Non-Public Media
General
Non-Public Media appear blurred on the Platform.
To unveil the crystal-clear version of Non-Public Media, users can hop on the subscription train with the Creator who shared that fabulous content.
Just cruise through the General Terms and Conditions of Sale to sign up.
The rights and cost? No secrets here—they're laid out on the Creator's profile, crafted and owned by the Creator themselves.
Remember, each subscription is like a VIP pass exclusive to that Creator's realm. Enjoy the ride!
It is specified that the Creators:
Before hitching a ride on a subscription, it's on you, dear user, to do a bit of sleuthing on each creator. Check out their vibe, activity, and how often they drop gems.
Once you're in, play by the rules, champ! Stick to these GTCU, especially the one about not giving the media a sneak peek on other platforms or spilling the beans to third parties. Let's keep the good vibes flowing! ✌️
Access to Push Media
The Creator may also publish Push Media on the Platform under its sole responsibility and full control.
Getting your hands on that Push Media? Easy peasy! Here's the scoop:
For Paid Push Media:
Access to Lives
Let's make it sound breezy and clear:
Creators can spice things up by going live on the platform! Users get automatic invites, and creators can handpick their past users or interested folks to join the party.
Now, the deets of the live show—free or paid, timings, how long it goes on—are all in the creator's hands. They'll send you an invite with all the juicy details. For paid shows, snag a ticket as per the General Terms and Conditions of Sale.
Oh, and heads up, the creator can toggle the chat on and off whenever they fancy during the live gig. Ready for some live-action fun?
Let's keep it straightforward:
Alright, dear User, here's the deal:
Chat Etiquette:
Consequences of Misbehavior:
7.2.3. Access to Messaging
Messaging is your direct line to chat with the Creator you're subscribed to. It's your space to:
Just a quick reminder: Keep it all within the platform! No swapping personal contact details, be it phone numbers, emails, snail mail addresses, or location data. Let's keep it safe and sound!
7.2.4. Private Media Request
Gotcha! When it comes to Messaging, users subscribed to a Creator can use it to ask for some private media. Here's the lowdown:
Requesting Private Media:
Setting the Terms:
Time to chat it up and get those details straight!
Heads up, Users! Here's the scoop:
Creator's Response:
So, keep the expectations in check and enjoy the creative flow!
7.2.5. Tips
To support the Creators, Users will have the opportunity to offer them Tips.
The tips Users generously give will be smoothly added to the Creator's account, just like any other earnings. Easy peasy! ✨
7.3. Services provided to Creators
The Services provided to Creators are described in the General Terms of Service.
7.4. Services provided to Ambassadors
The Services provided to Ambassadors are described in the General Sponsorship Terms.
7.5. Development of Services and updates
Service Development:
TWEEZY can jazz up the platform and services whenever it feels like it, all at its own discretion.
Rest assured, Users will be kept in the loop about updates needed to keep everything running smoothly during the GTCU.
User-Installed Updates:
If there's an update requiring User installation, TWEEZY will share the details—when it's available, how to install it, and what happens if you don't.
Don't procrastinate! If Users don't install within a reasonable timeframe, TWEEZY isn't responsible for any hiccups.
Service Improvements:
TWEEZY might roll out updates not crucial for the platform's survival but to enhance performance, add features, boost security, or adapt to tech/regulatory changes.
Users get a heads-up on these updates, including the effective date.
User Rights:
Users can say 'no thanks' to an update or uninstall it later if it messes with their platform access.
If a major update disrupts things, Users have up to 30 days after the update to terminate the GTCU, no strings attached.
Keep it fresh, stay informed, and enjoy the ride on TWEEZY!
Article 8. Obligations of the Parties
8.1. Obligations of Users
8.1.1. Code of Conduct
TWEEZY places a strong emphasis on building trust between Creators and Users. While navigating the platform, especially when making requests for Private Media, Users commit to and guarantee that they will not violate any legal or regulatory provisions and will conduct themselves in a manner consistent with public order and morality.
Let's aim for a community based on trust and positive vibes! ✨
The User commits to maintaining politeness, courtesy, and good manners when engaging with the Creator and fellow Users. Specifically, the User agrees not to engage in any messaging or behavior that includes:
The User is not allowed to make payments directly to the Creator outside of the Platform for services conducted on the Platform.
It's important for Users to note that, while respecting confidentiality obligations, TWEEZY might check the content of communications between Users and Creators upon the Creator's request.
If any confirmed abusive behavior, especially during discussions about Private Media, comes to light, it could lead to an immediate suspension of the User's Account. This is in addition to any potential legal actions or damages claimed by either the Creator or TWEEZY. Stay respectful and play fair!
8.1.2. Use of Media
General stipulations
All the cool stuff you see on here? It's the Creator's masterpiece, and they're the captain of that creative ship. Just so we're all on the same page, putting it on the Platform doesn't mean it's up for grabs. No one else gets ownership rights or the green light to use the Creator's image mojo unless the Creator says so in writing. We're all here to enjoy and respect the artistic vibes!" ✨
So, here's the deal:
Media Use:
Use the cool stuff other Users share only for your personal browsing joy on the Platform. No commercial or professional shenanigans, please.
Keep It to Yourself:
Don't spill the beans! Resist the urge to publish, broadcast, or share any of the shared Media from fellow Users with third parties, whether on social networks or any other platform, for free or otherwise.
Hands Off the Art:
Don't be a tinkerer! No modifying, adapting, or messing with the integrity of what other Users have shared. Let's keep it as awesome as they intended.
Hands Off the Goods: Downloading, sharing, reproducing, or doing anything funky with the content, excluding a casual browse on the Platform, is a no-no. It's like stepping on someone's creative toes—Creator, TWEEZY, or another User.
Consequences of Sneaky Business: Suspect someone's up to some shady business? TWEEZY might hit the brakes, suspend, or even kick out an Account, without any cashback for the User.
Breaking the Rules Penalties: If you're caught red-handed breaking the rules, you might owe TWEEZY €750 (excluding taxes) as a little reminder to play nice. Paying up doesn't mean you're off the hook. Creators still have the right to seek compensation for any damage.
Cleanup Duty: TWEEZY's got the Creator's back. If you're reposting stuff where you shouldn't, they can ask for it to be taken down pronto, whether on this Platform or any other. Easy does it! ??
Use of Media by Creators
In light of this, Creators have the green light to share or distribute Non-Public, Private, Push, or Live Media on any other platform, social network, or medium out there. The only catch? It's gotta come with a price tag.
8.1.3. General obligations
In general, each User has the obligation to:
In compliance with the legal and regulatory provisions in force and in accordance with the Law of 29 July 1881 relating to freedom of the press, the User undertakes not to broadcast any message or information:
8.1.4. Reporting
In the ongoing battle against illegal content, TWEEZY has some nifty tech tools to sniff out anything fishy before it hits the platform. While these tools are pretty smart, they're not foolproof, and TWEEZY can't monitor everything all the time.
But don't worry, if anything slips through the cracks and turns out to be illegal, TWEEZY's got a speedy notification system to zap it out of existence ASAP. If you spot something wonky that violates the rules or the law, be the superhero and shoot a message to TWEEZY at support@tweezy.io. Let's keep the digital playground safe and sound!
8.2. Obligations of TWEEZY
8.2.1. General stipulations
Above all, in accordance with the Law for Trust in the Digital Economy, as a host, TWEEZY has an obligation to contribute to the prevention of the dissemination of the offences referred to in the fifth, seventh and eighth paragraphs of Article 24 and Article 24 bis of the Law of 29 July 1881 on freedom of the press and Articles 222-33,222-33-2-3,225-4-1,225-4-13,225-5,225-6,227-23 and 227-24 and 421-2-5 of the French Criminal Code.
Playing By the Rules: TWEEZY reports any flagged illegal activities promptly to the authorities.
No Magic Tricks: TWEEZY does its best to keep the Platform running 24/7, but the internet isn't flawless, so there might be hiccups.
Refund Avenue: If the Platform takes an extended break within a month, Users can email support@tweezy.io for a Subscription refund.
Full Disclosure: TWEEZY, as the online platform maestro, commits to keeping things transparent and fair, offering Users clear info about how things work. Let's keep it real in the digital realm!
8.2.2. Anti Slavery Policy and Content Policy
TWEEZY has got its policies in check with a Content Policy and Anti-Slavery Policy, both accessible on the Platform. Users are encouraged to give them a read.
To ensure these policies are followed:
Illegal Content Screening:
Age Verification for Creators:
Consent and Majority Verification:
Age Verification for Users:
Random Checks and Content Reporting:
Stay safe, play fair, and let the digital vibes flow! ??
8.2.3. Legal warranty of conformity
Consumers, as Users, get the legal perks outlined in Articles L.224-25-12 et seq. of the French Consumer Code.
All the nitty-gritty details about what's covered and how the legal warranty of conformity works are laid out in the Appendix attached. Happy reading!
Article 9. Liability
9.1. TWEEZY’s liability
9.1.1. General principles
TWEEZY shall not be held liable, in particular:
If the Platform gets a wild ride from abnormal or illegal use, the User is the solo captain steering that ship. Any damage caused to third parties and the fallout from related claims or actions? Yep, that's on the User. Take care out there!
9.1.2. Host Status
Users are aware that TWEEZY operates as a host under Article 6 I 2° of the Law of 21 June 2004 for Trust in the Digital Economy (LCEN). Consequently, TWEEZY has the authority to remove any reported Media it deems blatantly illegal under Article 6 I 2° of the LCEN.
To report blatantly illegal content, Users or third parties can use the "..." symbol on the Content or send an email to support@tweezy.io. For the notification to be valid, it must comply with the requirements outlined in Article 6 I 5° of the LCEN.
In accordance with Article 6 I 5° of the LCEN, in order to be valid, the notification must include the following:
9.1.3. Disputes between Users
When a Creator uses the Platform to showcase their Media, they're basically waving the TWEEZY brand flag. The Creator gets that if they don't play by the rules laid out in this Contract, it could cast a shadow on TWEEZY.
If there's a tiff between a Creator and a User, they can hash things out using Messaging. TWEEZY encourages Users to try their best to patch things up amicably. If they hit a roadblock, they can each ring up TWEEZY Customer Support. TWEEZY, acting on behalf of the Creators, steps in to play peacemaker and proposes a solution.
Whatever solution TWEEZY suggests is the final say for both the Creator and the User. Let's keep the vibes positive!
9.2. The User's liability
9.2.1. General
The User takes the driver's seat when it comes to using the Platform and the Media, and they're totally cool with that. Heads up: TWEEZY, on behalf of the Creators, has the job of making sure any Media posted by Users on other sites, platforms, or social networks against these GTCU rules gets the boot.
Play fair, folks!
9.2.2. Account Suspension
If a User seriously messes up, especially if it's a repeated thing, TWEEZY can swiftly hit the pause button on their Account. The User gets the memo through an email to the address they gave when signing up.
Now, if someone has been in the "time-out corner" multiple times in the last three years, TWEEZY has the authority to give them the boot—Account deleted and banned from the Platform. It's worth noting that the rules for suspending a Creator's Account are covered in the General Terms of Service.
When an Account gets suspended, it's lights out for accessing any content—Subscriptions or Media. And nope, there's no compensation on the table. Let's all play nice to keep the good vibes going!
9.2.3. Account Deletion
Any suspension of an Account may give rise, automatically and without delay, to the immediate termination hereof resulting in the final closure of the associated Account, in the event that:
Article 10. Force majeure
TWEEZY catches a break if it can't pull off one of its duties due to a force majeure event. In the contract world, force majeure is when something totally out of TWEEZY's control happens—something it couldn't have predicted when signing the agreement, and something that can't be dodged with some clever moves.
If the hiccup is temporary, TWEEZY can hit the pause button on the obligation until things clear up, unless the delay is so long that it's game over for the Contract. If it's a permanent roadblock, the Contract gets axed automatically, and both parties are off the hook from their obligations, following the rules laid out in the French Civil Code (Articles 1351 and 1351-1).
And if one of these curveballs comes TWEEZY's way, it'll give the User a heads-up as soon as possible. Life's full of surprises, after all!
Article 11. Intellectual Property
11.1. Intellectual property of any User
The User generously hands over, for free and on a non-exclusive basis, all their intellectual property rights linked to the Content, especially any Media they might toss onto the Platform. Here's the breakdown:
11.2. Intellectual Property of Creators
The Media, whether it's the everyday variety or the exclusive Private Media cooked up by Creators, stays firmly in the Creator's ownership lane. Creators vouch that they hold all the intellectual property and, if applicable, image rights for the Media they flaunt on the Platform.
Just so it's crystal clear: when Users check out the Media on the Platform, including through Messaging, it doesn't hand over any ownership rights to them. Unless the Creator gives a thumbs-up beforehand, there's no claim to ownership by Users.
In the unfortunate event of a counterfeit or an image rights infringement, TWEEZY isn't in the hot seat. It's just the host, after all, for the Media the Creators put out there.
11.3. Intellectual property of Users
The Media that Users put up on their Profile or share as Private Media with Creators? Yeah, that stays snugly in the Users' property box. It's exclusively theirs, no questions asked. ??
11.4. Intellectual Property of TWEEZY
The User tips their hat to TWEEZY's intellectual property rights over the Platform, its components, and related elements, and promises not to throw any challenges at these rights.
Everything like trademarks, logos, slogans, graphics, photos, animations, videos, software, and text on the Platform (except for User-published Media) is the exclusive intellectual property of TWEEZY.
Without explicit permission, Users can't pull off these moves:
As a database producer, TWEEZY lays down the law:
By saying "I do" to these GTCU, Users are basically tipping their hats to TWEEZY's intellectual property rights and committing to playing by the rules.
The Operator dishes out a special invite to Users—an exclusive, personal, and non-transferable license that gives them the green light to use the Platform and its information, all in line with these GTCU.
This license is like a global passport, valid for the entire world and sticking around as long as this Contract is in play. All Users need to do is pay up the sums they owe under these GTCU and/or GTS.
But, here's the catch: this license doesn't cover any other use of the Platform and its Media. If Users want to step outside the license's boundaries, they'll need to get a special invite from the Operator.
Article 12. Communication
Users promise to play nice and avoid using TWEEZY's distinctive signs, including the name "TWEEZY," on the Platform or any other website, content-sharing platform, or social network.
This includes steering clear of hashtags directly or indirectly associated with erotic, pornographic, or illicit content. Just a friendly reminder: it's a no-go for any User, whether they're a Creator, Ambassador, or just your average User, to post Media from the Platform on the internet. Let's keep it classy and respectful!
Article 13. Protection of personal data
In the realm of personal data, TWEEZY wears the hat of the data controller. The ins and outs of how TWEEZY handles personal data are laid out in full detail in the Platform's Privacy Policy, conveniently hanging out in the footer of the Website.
And when it comes to cookies doing their thing on the Platform, Users are welcome to take a peek at the Operator's Cookie Policy, just a hop and a skip away on the Platform's home page.
Article 14. Use of User data
TWEEZY might put the data it collects about a User's activity to good use, aiming to spruce up the Platform and offer tailored suggestions for Media or Creators on their Feed.
Fear not, though, because this data will be treated like prized Confidential Information—safely hosted and guarded with care.
Article 15. Assistance and Support
Need some help with the ins and outs of the Platform? Head over to the Support section at https://support.tweezy.io —it's packed with answers.
If you've got a specific question or claim about using the Platform, here's the playbook:
Article 16. Validity of the GTCU
Should any part of these GTCU be deemed null, illegal, or unenforceable under applicable laws, regulations, or a court's res judicata decision, it won't tarnish the validity, legality, or enforceability of the other provisions—those stay golden.
To keep things shipshape and consistent, if a provision bites the dust, the Operator pledges to cook up a fresh one that aligns with the initial clause's intent, following the legal and regulatory guidelines pronto. Just so we're clear, these tweaks don't give Users a free pass to disregard the General Terms and Conditions of Use. ⚖️
Article 17. Modification of GTCU
These GTCU have your back as long as you're surfing the Platform.
Keep an eye out, though— the Operator might shake things up from time to time, especially to stay in sync with the ever-evolving laws and regulations. But don't worry, you'll get the 411 on any changes to these General Terms and Conditions of Use. The ones that matter? The ones that are live and kicking when you're navigating the Platform.
Article 18. General Provisions
Just because one Party hasn't thrown a spotlight on a clause in these GTCU, be it a long-term or short-term decision, doesn't mean they're giving it the cold shoulder.
If there's a head-scratcher between the titles of the articles and the articles themselves, the titles take a back seat. Clarity trumps confusion.
Article 19. Jurisdiction and Applicable Law
THESE GTCU, AS WELL AS THE RELATIONSHIP BETWEEN THE USER AND TWEEZY, ARE GOVERNED BY FRENCH LAW. IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS WILL HAVE JURISDICTION.
19.1. Provisions applicable to Users who are consumers
If there's a beef about the sales contract or services that couldn't be hashed out through a previous complaint with TWEEZY, the Consumer can bring in a mediator. It's a no-cost gig.
Here's the lowdown: The Party wanting mediation shoots a registered letter to the other Party, spelling out the nitty-gritty of the beef. But here's the kicker—mediation isn't compulsory. Either TWEEZY or the User can bail on it whenever.
To kick off mediation, hit up the National Association of Mediators (ANM). Drop them a line at 62 rue Tiquetonne 75002 PARIS, France, or slide into their inbox using the online form at www.anm-conso.com.
Important note: Going for mediation or any kind of friendly dispute resolution isn't a must. You can call it quits at any point, and it won't strip you of the right to take things to court. ⚖️
IN THE EVENT THAT MEDIATION FAILS OR IS NOT CONTEMPLATED, THE DISPUTE THAT MAY HAVE GIVEN RISE TO MEDIATION SHALL BE REFERRED TO THE COMPETENT COURT DESIGNATED ABOVE.
19.2. Provisions applicable to Users who are professionals
Before jumping into the ring with an arbitrator or taking things to court, let's try to keep the peace. If you're caught up in a disagreement, hit up TWEEZY's Customer Service first at support@tweezy.io.
If the waters are still choppy, here's plan B: a mediation procedure. It's all about finding common ground in good faith. The Party that wants to dance the mediation waltz has to shoot a registered letter to the other Party, spelling out the beef.
Just remember, mediation isn't a must. Either TWEEZY or the User can pull the plug whenever they want. If mediation falls flat or isn't on the cards, it's time to bring in the heavy hitters—the competent court mentioned earlier will take the reins. ⚖️
Appendix 1 - Legal Warranty of Conformity for Users who are consumers
Let's break down the warranty scene for you. In addition to any snazzy commercial warranties TWEEZY might throw your way for specific services, you've got some legal backup under the French Consumer Code (Articles L.224-25-12 and company). ?️
Now, when TWEEZY delivers the goods, they better match what you signed up for (as per Article L.224-25-12). If not, you've got the green light to report any hiccups right when the service rolls out, following the timeframes laid out in the General Terms and Conditions of Use.
This warranty even has your back if things go south due to the Service not playing nice with your digital setup. ??
In this respect, pursuant to Articles L.224-25-13 and L.224-25-14 of the French Consumer Code, the Service is compliant if:
1° It corresponds to its description, type, quantity and quality, [...] with regard to any characteristic provided for in the Contract (Article 5) or that the User can legitimately expect for Services of the same type, in view of the nature of such Services, as well as to public representations made by TWEEZY or any person upstream in the chain of transactions, including in advertising or on the labelling;
2° It is suitable for any special use sought by the User, brought to the attention of TWEEZY at the latest at the time of conclusion of the Contract and which the latter has accepted;
3° It is delivered with all accessories […] that must be provided in accordance with the Contract or that the User can legitimately expect;
4° It is updated according to the Contract and what the User can legitimately expect;
5. It is fit for the usual intended use of a Service of the same type […];
6° It has the qualities that TWEEZY presented to the User in the form of a trial or preview version, before the conclusion of the Contract;
7° It is provided according to the most recent version available at the time of conclusion of the Contract, unless otherwise agreed by the Parties;
8° It is provided without interruption throughout this period.
TWEEZY has some leeway when it comes to public representations mentioned in the first point. The company is not obligated by these representations if it can prove:
Users are not allowed to contest the compliance of the Service by pointing out a defect in specific characteristics if they were explicitly informed about these deviations and gave separate consent at the Contract's conclusion. In such cases, the Service might have planned interruptions, aligning with the provisions in the General Terms and Conditions of Use.
During the entire contractual period of Service provision, TWEEZY is responsible for providing evidence of the Service's compliance.
TWEEZY is not responsible for any non-compliance directly attributable to the incompatibility between the Service and the Customer's digital environment and that the User had been previously informed by TWEEZY of the technical compatibility requirements. As such, the User must cooperate with TWEEZY, to the extent reasonably possible, in order to establish whether or not the non-compliance is caused by the incompatibility in question. In the absence of cooperation, the User shall bear the burden of demonstrating the non-compliance of the Service.
In the event of non-compliance, the User is entitled to have the Service brought into compliance or, failing that, to a price reduction or resolution of the price in accordance with Articles L. 224-25-17 et seq. of the French Consumer Code. Moreover, the User has the right to suspend payment until TWEEZY complies with its warranty obligations under the conditions of Articles 1219 and 1220 of the French Civil Code.
Compliance remediation work takes place free of charge, without undue delay according to the Customer's request and without major inconvenience to the Customer, taking into account the nature and the intended use of the Service. It is not liable to pay for the use of the Service during the contractual period during which the Service was non-compliant.
TWEEZY may refuse the compliance remediation work if it is impossible or entails disproportionate costs in particular with regard to:
This refusal shall be subject of a reasoned decision in writing or on any durable medium addressed to the User. When these conditions are not met, the User may, after formal notice, continue the forced execution in kind of the compliance remediation work.
The User has the right to a price reduction or to the termination of the Contract (unless the non-compliance is minor) in the cases and in the manner provided for in Article L.224-25-20 of the French Consumer Code, that is to say, in particular, in the event of refusal of compliance remediation work or failure by TWEEZY to comply, in accordance with the aforementioned article.
The User is not required to request prior compliance remediation work when the non-compliance is so serious that it justifies the immediate reduction of the price or termination of the Contract.
The User shall inform TWEEZY of their decision to obtain a price reduction or the termination of the Contract.
The price reduction shall be proportional to the difference between the value of the Service provided and the value of the Service free from defects.
TWEEZY shall refund the User and return any other benefit received under the Contract as soon as possible and no later than fourteen (14) days after notification of the decision to terminate the Contract or to obtain the price reduction. Unless expressly agreed by the Customer and at no additional cost, the refund will be made using the same means of payment as that used for the purchase.
In the event of termination of the Contract, the User shall refrain from using the Service or making it accessible to third parties.
TWEEZY shall return to the User, free of charge and within a reasonable time, in a commonly used and machine-readable format, any content provided or created by the User during their use of the Service (other than personal data), unless such content:
TWEEZY undertakes to use the content provided or created by the User (other than personal data) only if it has been generated jointly with other customers and if other customers can continue to use it.
The provisions of this Article shall be without prejudice to the award of damages.
Appendix 2 - Civil and tax rights and obligations of Users
As an online platform, TWEEZY wants to support all Users in the best possible way in their use of the Platform.
As such, TWEEZY wishes to inform any Creator who generates income on TWEEZY of its civil and tax obligations, related to the generation of income through the Platform.
In this case, all relevant information on the subject is compiled in educational sheets recalling the rules applicable to the declaration of income and the payment of social security contributions.
This information may be consulted at the following addresses:
In terms of payment of VAT, Creators and Ambassadors are invited to consult the information provided by the French authorities: https://www.impots.gouv.fr/professionnel/je-recherche-les-regles-de-territorialite-tva-page-en-cours-de-creation.
As regards social protection, this income must be able to give rise to health insurance or pension rights. The same applies to taxation: the income generated must be subject to tax.
We remind you that the explanations above are given for information only and do not replace the reading of legislative texts, administrative comments and French case law. We also insist on the fact that the rules set out above are likely to change (in particular the different thresholds that are reassessed each year) and that each User of the Platform is solely responsible for their legal obligations, including tax and social security obligations.
In addition, the tax authorities and social security funds are able to complete this information and answer any questions.
In case of doubt, TWEEZY therefore recommends that Users contact their tax centre, social security fund or a specialist advisor.
Hey there, welcome to TWEEZY – the go-to spot for content creators, e-commerce brands and e-learning providers to dive into their passions!
AURALES SAS, the brains behind TWEEZY, is a chill French company (officially known as a simplified limited liability thing) rocking it in the Fréjus Trade and Companies Register under number 809 565 906. You can find them at 12, Boulevard des Fauvettes, SAINTE-MAXIME, France.
And just in case you were wondering, they're all legit with the VAT number FR16953139235, SIREN 953139235, SIRET 95313923500014. So, whether you call them "the operator" or just plain "TWEEZY," you're in good hands!
TWEEZY allows you to:
- link to Creators' Products, Media and Profiles;
- Connect Creators and Users for the purpose of sharing Media or purchasing Products for free or for a fee;
Get ready for some cool stuff on TWEEZY!
When you hop on the platform, you can sign up for a subscription with your favorite Creators and unlock exclusive media they've got going on.
Just a heads up, TWEEZY is all about being the online platform maestro.
They're here to host and list all that awesome media, plus make sure Creators and Users can link up for some serious media sharing and promotion vibes.
Oh, and to keep things in check, the rulebook for using the Platform and its features is laid out in these General Terms of Use (GTC). Enjoy the ride!
If you're diving into the TWEEZY world for any reason, just know that you're automatically giving these General Terms and Conditions of Use (GTCU) a big thumbs up. Using the platform means you're all in and cool with the rules – it's the name of the game!
Let's kick things off with a little vocab lesson – welcome to… Article 1: Definitions. This is where we break down what's what in the TWEEZY universe. Time to get in the know!
Let's decode the jargon! In these Terms of Use, the terms listed below get their meaning. So, if you're wondering what's what, this is the section that spills the beans. Let's break it down!
"Account": when we say "Account" in these Terms of Use, we're talking about the snazzy computer interface you get on the Platform. It's your personal spot to work the magic, use the Platform, and dive into the Services. Plus, it's like your own little corner to host all your data. Cool, right?;
"Ambassador": when we toss around the term "Ambassador" in these Terms of Use, we're talking about a User who's out there spreading the love. This awesome individual refers a Creator or another Ambassador using a nifty referral link, following the rules laid out in the Sponsorship Terms and Conditions. It's all about sharing the good vibes!;
"Bank Charges": these are the fees snatched from the cash you throw in for the Payment Services benefiting the Creator. It's a percentage sliced off the processed amounts. So, just to be clear, we're talking about these charges being calculated on the actual paid amounts – that includes taxes, VAT, and any extra fees that might pop up. Money matters, right?;
“Bookmark“: It's like a digital page mark – a handy tool you use to tag or bookmark content. This makes it a breeze to locate stuff in the right section of your Account. Easy peasy!.
"Chat": referring to the real-time public messaging feature where Users can drop messages during a Live session. It's the spot for instant interaction – chat away! ✨;
"Commission": is the slice of the Creator's earnings that goes to TWEEZY as a thank-you for its Services. This cut is a percentage of the Price tagged on an Order made with the Creator. It's the way we keep the gears turning!;
"Content": anything a User puts out on the Platform. It could be the cool stuff a Creator shares – like Media, or just a message or content of any sort (text, image, video, sound, you name it) that any User throws into the mix. It's the whole shebang of what gets shared on the platform!;
"Creator": refers to any individual or company that's hopped on board, signed up on the Platform, and is sharing their Media. They're the awesome folks who've nodded in agreement to the General Terms and Conditions. Here's to the creators!;
"Credentials": the User's email address and the chosen password. You need these bad boys to unlock the door and get into your Account on the Platform. Guard them well!;
"General Sponsor Terms and Conditions": the rules of the referral game. They lay out how Users can refer other Users, spelling out the nitty-gritty details. It's the guidebook for spreading the word! ??;
"Terms and Conditions of Sale": the rules of engagement when it comes to subscribing to a Subscription and snagging some Private Media, Push Media, and/or Live Access Tickets. It's the script for the shopping spree!;
"General Terms of Use" or "GTU" or "Contract": the ground rules. You can find these terms right here on the Platform, and they're the go-to guide for how Users should roll on the Platform. It's the handbook for navigating this digital playground!;
"General Terms and Conditions" or "GTC": encompass the big picture. It's not just the General Terms and Conditions themselves but also all the Annexes that come along for the ride. Together, they're the rulebook governing how TWEEZY serves up its services to the Creators. It's the full package!;
"Interested User": refers to any User who's caught TWEEZY's attention because they're keen on a Creator's Media or Profile. The catch here is that they haven't taken the plunge into a full-blown Subscription with that Creator just yet. It's the stage of curiosity and interest!;
"KYC": it's a process where a User needs to provide specific elements to prove their identity and eligibility for certain Services offered by TWEEZY. It's all about keeping things legit and making sure everyone's on the same page!;
"Live": the cool feature that lets you live-stream Media right through the Platform. Whether you're tuning in for free or tossing in a few bucks, it's the spot for real-time action and connection with a Creator. Lights, camera, action!;
"Media": covers all the goodies a Creator puts out there – photos, videos, music, audio files, podcasts, lives, info, texts, logos, brands, animations, designs, models, data, and anything else they dream up. It's the content that a Creator, with all their creative mojo, shares on the Platform under their own responsibility, following the terms and conditions that come with the Services. It's the artistic buffet!;
“TWEEZY” or “the Operator”: AURALES SAS, the brains behind TWEEZY, is a chill French company (officially known as a simplified limited liability thing) rocking it in the Fréjus Trade and Companies Register under number 809 565 906. You can find them at 12, Boulevard des Fauvettes, SAINTE-MAXIME, France. And just in case you were wondering, they're all legit with the VAT number FR16953139235, SIREN 953139235, SIRET 95313923500014. So, whether you call them "the operator" or just plain "TWEEZY," you're in good hands!;
"News Feed" or "Feed": the User's news feed right there on the home page of the Platform. It's the hub for all the latest updates and content. Stay in the loop!;
"Non-Public Media" any Media that's intentionally kept a bit fuzzy on the Profile. It could be Visible Media for a Subscription, Private Media, Push Media, or even a Live. Essentially, it's content that's not fully out in the open, adding an element of exclusivity or privacy. Keep it on the down-low!;
"Order" : any request made by a User on the Platform for a Subscription, Private Media, Push Media, and/or Ticket with a Creator. It's the go-to term when you're gearing up to snag some exclusive content or access. Ready, set, order!;
"Parties": the dynamic duo of TWEEZY and the User, working together. But when it's in the singular, it's all about one of the power players – either TWEEZY or the User, doing their solo thing. It's all about the company you keep!;
"Platform": the online hub you can access at https://tweezy.io/ or via the linked mobile apps. The Platform is the whole enchilada – it covers all the web pages, Services, and features rolled out for Users to dive into. It's the digital playground!;
"Price" the amount of money (or maybe even crypto-assets in the future) that a User shells out to a Creator through the Platform. It's the currency of choice for grabbing a Subscription or some awesome Media. Pay to play!;
"Private Media" or "Custom Media": covers all the Media that gets swapped between a Creator and a User through messaging. Here's the catch – this Private Media needs to align with the Specifications requested by the User. Plus, it's hush-hush – you won't find it popping up in the Creator's profile. It's a personalized, behind-the-scenes kind of vibe!;
"Profile" : it's the Creator's showtime page! The Profile is like a presentation space that showcases not only what the Creator is all about but also the Media and Subscriptions they have up for grabs. It's the go-to spot for getting to know a Creator and their offerings. Lights, camera, profile!;
"Public Media" refers to all the Media that a Creator puts out on their Profile for the world to see. It's the content that's out there in the open, available to any User who wants to take a peek. It's the public showcase of the Creator's talents!;
"Push Media" refers to any Media that a Creator spontaneously shares directly with one or more Users through private messages. It's the Creator taking the initiative and pushing out content to specific Users. It's like a surprise delivery of cool stuff!
"Services" the whole array of offerings that the Operator provides to Users through the Platform. It's the suite of features and goodies up for grabs. Think of it as everything TWEEZY has on the menu! ;
"Specification" refers to the specific features or characteristics of a Private Media. These details are either proposed by the Creator (Offeror) or requested by the User when making a Request. Any Private Media involved in an Order on the Platform must meet the Specifications agreed upon between the User and the Creator. It's all about getting what you asked for!;
"Story": Media shared by the Creator to showcase their latest updates. The twist? It automatically vanishes after a cool twenty-four (24) hours. It's a snapshot of the moment, here today, gone tomorrow!;
"Subscriber" : a User who has gone ahead and purchased a Subscription from a Creator. They're the VIPs, enjoying exclusive content and perks from their chosen Creator. Subscription squad, assemble!;
"Subscription" basically your ticket to access the Creator's content, and you get it by paying the Subscription fee;
"Ticket" what you snag to join a Live, and it's basically the pass you get after placing an order;
"Tip": the cash you toss the Creator just because you feel like it—no strings attached, purely at your own discretion;
"User" : any person who accesses and browses the Platform, whether a Subscriber, Creator, Ambassador or individual Internet user;
Article 2. Purpose
These GTC, the deal between TWEEZY and you, are here to spell out what each of us is responsible for when it comes to using the Platform and all the cool stuff it offers.
It is understood that:
- The Services tailored for Creators follow the rules laid out in the General Terms of Service;
- Subscribing to a Subscription or snagging some Media is all under the control of the General Terms and Conditions of Sale (GTCS).
Article 3. Acceptance of the General Terms and Conditions of Use
Using the features of the Platform and Services means you're on board with these GTCU. So, the User commits to giving these General Terms and Conditions of Use a good read when hopping onto the Platform. It's suggested to download, print, and keep a copy handy.
If you're diving into the Platform, getting a Subscription, or grabbing some Media, you're saying:
- If you're a legal entity, you're legit and acting through someone authorized.
- If you're an individual, you're of legal age, capable, and not under any legal protection.
Article 4. Technical Specifications
When you're on the Platform, you're saying you've got the know-how and tools to handle the features it offers. It's on you to have the gear needed to get on the Platform, be it a phone, computer, tablet, or any other nifty device. Also, any costs for using telecommunications are your responsibility.
Article 5. Role of TWEEZY
5.1. TWEEZY's role as online platform operator
TWEEZY functions as an online platform operator.
The Creator has the sole responsibility for selecting the Price Amount, and the publication of Media is also the Creator's responsibility. The Operator's role is limited to serving as a host for the content.
5.2. Obligation of General Pre-contractual Information: Ensuring Fairness, Clarity, and Transparency
In its role as an online platform operator, TWEEZY operates in a neutral, clear, and transparent manner.
5.2.1. Referencing Profiles and Content
The standards for featuring and organizing Creators, along with the Media showcased on the News Feed, are outlined in a dedicated section, in compliance with the relevant regulations. You can find this information on the Platform and/or the Support Website.
5.2.2. Information on Creators’ tax obligations
In compliance with Article 242 bis of the French General Tax Code, TWEEZY commits to:
• During each transaction, provide Creators with information on applicable tax regimes and social regulations, along with reporting and payment obligations to tax authorities and social contribution bodies. Additionally, inform them about the sanctions for any breaches of these obligations (refer to Appendix 1: Information on civil and tax obligations).
• Monthly issuance of a summary detailing transactions conducted in the preceding month.
• Provide Creators with a document every January summarizing the gross amount of transactions processed through the platform in the previous year.
Creators are encouraged to refer to the General Terms and Conditions for detailed information on their fiscal and social obligations.
5.3. Fight against cyber threats and cyber pimping
TWEEZY places significant emphasis on combating cyber threats. To address these challenges,
TWEEZY has implemented mechanisms to counter cyber threats and cyber exploitation, which are outlined on the "Cyberprotection & Support" page found in the website footer.
To effectively counter these threats, TWEEZY is implementing:
• A de-anonymizing system for Users to offer support to law enforcement if needed and ensure accountability for all Users.
• Enhanced Know Your Customer (KYC) procedures for all Users.
• Information Technology (IT) moderation of Media and user interactions utilizing artificial intelligence tools that adhere to the relevant legal framework and TWEEZY's status as a host.
• Tools to verify the age of Users accessing adult-oriented Media with potentially erotic or pornographic content.
Article 6. Requirements for Access and Registration on the Platform
Internet users and individuals, interested in becoming a User, Creator or Ambassador are encouraged to follow the steps outlined below.
6.1. Registration on the Platform
6.1.1. Registration as a “User”
To become a "User," simply register by choosing the "User" tab or by visiting the following web page: https://tweezy.io/signup.
To register as a “User”, the User must:
- Sign up with their email address;
- Accept these GTCU.
To register according to the traditional registration procedure, the User must then fill in the following information on an online form:
- Their Full Name;
- Email address;
- A password.
6.1.2. Registration as a “Creator”
To register as a Creator, the User must also register as explained in Art. 6.1.1.
Immediately after registration and before offering paid content, the Creator is obliged to fill in the following in his profile:
Billing information
- Full Company name
- Full Company address
- Company number
- VAT number
If the data provided meets TWEEZY's expectations, the General Terms of Service will be definitively concluded with TWEEZY. The Creator will then be considered “certified” and may publish Media againts payment on the Platform.
6.1.3. Registration as an "Ambassador"
There is no separate registration as an "Ambassador". Any User can be considered an "Ambassador".
6.2. Access and management of the Account
Upon completion of the registration process, the User will have an Account on the Platform. Users can personalize their Account by changing their pseudonym, password, or adding a profile photo if they wish to do so. The User commits to using a profile photograph that does not violate public order and morality, infringe upon the rights of others, or breach any legal standards.
The User agrees to provide TWEEZY with accurate, truthful, and current data through their Account, ensuring it does not infringe on the rights of third parties. Any necessary updates to the data provided during registration should be promptly communicated to TWEEZY by the User. The User is fully responsible for the accuracy and currency of the data associated with the opening and management of their Account.
6.3. Credentials Management
The email address and password collectively constitute the User's Credentials. The User agrees to create a single Account on the Platform, except when the User is also a Creator. TWEEZY disclaims any responsibility for the detrimental effects that may arise from a single User using multiple Accounts. Users are exclusively accountable for the use of their Credentials and actions conducted through their Account, irrespective of who performs the actions using the Credentials.
If a User reveals or employs their Credentials in a manner contrary to their intended purpose, TWEEZY reserves the right to delete their Account without prior notice or compensation. TWEEZY cannot be held liable in case of identity theft. Actions carried out from a User's Account are presumed to be performed by that User since TWEEZY is not obligated and lacks the technical means to verify the identity of individuals accessing the Platform through an Account.
In the event of a lost or forgotten password, the User must promptly reset it using the "forgotten password" button and entering the previously specified email address linked to their Account. Any unauthorized use or misuse of a User's Credentials and its consequences are the sole responsibility of the User, who must promptly notify TWEEZY via email at the following address: support@tweezy.io.
6.4. Account Certification
The certification of the Account makes it possible to indicate the authenticity of the Account to other Users. Users may request certification of their Account under the conditions set out below.
6.4.1. User Account Certification
TWEEZY has the right to ask Users to authenticate themselves.
Users can request certification of their Account with TWEEZY by following the steps outlined below full personal details;
- valid proof of identity;
- safety selfie and/or submission to age verification technology;
- telephone number confirmed by dual factor authentication;
If the account is associated with an individual or entity operating in a professional capacity:
- The company registration certificate;
- If applicable, the intra-community VAT number.
TWEEZY will assess the User's certification request and retains the right to reject any request that does not align with the specified criteria mentioned above.
Users are advised that TWEEZY may revoke the certification of their Account or terminate their account without notice or compensation if the User no longer meets the aforementioned criteria, especially in the event of a serious or repeated violation of these General Terms of Use. This includes instances such as:
- Identity theft of a third party,
- Serious breaches leading to the suspension of the Account
6.4.2. Creator Account Certification
The conditions under which the Creator Account is certified are described in the General Terms of Service.
6.5. Account Deletion
6.5.1. Deletion of the User Account
At any time, a User may delete their account in their account settings.
Any deletion of an Account is final and does not give rise to any refund, regardless of prepaid subscription periods.
6.5.2. Deletion of the Creator Account
The terms and conditions for Creators to delete their Account are outlined in the General Terms of Service.
Article 7. Description of the Services
7.1. Services Provided to all Users
Any User can explore the Platform's features by registering and subscribing.
TWEEZY's primary service is to enable registered Users to discover Creator Profiles and view the Media they publish.
Users have access to:
- The Platform's search engine to find Media or Creators.
- Their newsfeed.
Registered Users automatically gain access to:
- Creators' Public Profiles.
- Publicly available Media published by Creators on the Platform.
- Blurred versions of Non-Public Media and Push Media published by Creators.
Users can also:
- Like content by clicking the Like button.
- Add Creators or Media to their Bookmarks.
7.2. Services provided to Users
7.2.1. Access to Non-Public Media
Creators can share Public Media for free, and anyone can check it out.
But just because it's out there for everyone doesn't mean you can claim it as yours—Users, please don't share it elsewhere or with third parties. And remember, even though Stories might disappear, Creators are still accountable for what they post.
7.2.2. Access to Non-Public Media
General
Non-Public Media appear blurred on the Platform.
To unveil the crystal-clear version of Non-Public Media, users can hop on the subscription train with the Creator who shared that fabulous content.
Just cruise through the General Terms and Conditions of Sale to sign up.
The rights and cost? No secrets here—they're laid out on the Creator's profile, crafted and owned by the Creator themselves.
Remember, each subscription is like a VIP pass exclusive to that Creator's realm. Enjoy the ride!
It is specified that the Creators:
- publish the Media under their sole responsibility;
- Undertake not to broadcast in any way all or part of the Non-Public Media on other platforms or social networks without payment.
Before hitching a ride on a subscription, it's on you, dear user, to do a bit of sleuthing on each creator. Check out their vibe, activity, and how often they drop gems.
Once you're in, play by the rules, champ! Stick to these GTCU, especially the one about not giving the media a sneak peek on other platforms or spilling the beans to third parties. Let's keep the good vibes flowing! ✌️
Access to Push Media
The Creator may also publish Push Media on the Platform under its sole responsibility and full control.
Getting your hands on that Push Media? Easy peasy! Here's the scoop:
For Paid Push Media:
- First things first, cozy up with a Subscription from the creator in charge.
- Then, if there's a price tag attached, just follow the payment steps outlined in the General Terms and Conditions of Sale. Simple as that!
Access to Lives
Let's make it sound breezy and clear:
Creators can spice things up by going live on the platform! Users get automatic invites, and creators can handpick their past users or interested folks to join the party.
Now, the deets of the live show—free or paid, timings, how long it goes on—are all in the creator's hands. They'll send you an invite with all the juicy details. For paid shows, snag a ticket as per the General Terms and Conditions of Sale.
Oh, and heads up, the creator can toggle the chat on and off whenever they fancy during the live gig. Ready for some live-action fun?
Let's keep it straightforward:
Alright, dear User, here's the deal:
Chat Etiquette:
- Be cool. Use the chat with good vibes, courtesy, and manners.
- Stick to the rules set by the Creator. They've got the guidelines, follow along!
Consequences of Misbehavior:
- Break the rules, face the consequences.
- The Creator might mute you, making your messages invisible to everyone.
- In some cases, they can even ban you from the chat for a chosen duration.
- Only the Creator has the power to lift the ban. So, play nice!
7.2.3. Access to Messaging
Messaging is your direct line to chat with the Creator you're subscribed to. It's your space to:
- Talk to the Creator:
- Private Media Requests:
Just a quick reminder: Keep it all within the platform! No swapping personal contact details, be it phone numbers, emails, snail mail addresses, or location data. Let's keep it safe and sound!
7.2.4. Private Media Request
Gotcha! When it comes to Messaging, users subscribed to a Creator can use it to ask for some private media. Here's the lowdown:
Requesting Private Media:
- Users can hit up their subscribed Creator through Messaging.
- Just follow the steps laid out on the Platform or in the General Terms and Conditions of Sale.
Setting the Terms:
- Conditions of sale and the nitty-gritty details about the private media are decided directly between the user and the creator, all within the cozy confines of Messaging.
- If there's no specific agreement, the General Terms and Conditions of Sale take the spotlight.
Time to chat it up and get those details straight!
Heads up, Users! Here's the scoop:
Creator's Response:
- Brace yourself – Creators aren't obliged to respond to every user request. It's at their discretion.
- Creators may recycle the private media they create on the platform.
- As long as it's not handed out for free on the platform or elsewhere as public or easily accessible content, creators can give it a second life.
- Quick note: Just because you get private media doesn't mean. it's a one-of-a-kind masterpiece exclusively for you, unless you and the creator have some special agreement
So, keep the expectations in check and enjoy the creative flow!
7.2.5. Tips
To support the Creators, Users will have the opportunity to offer them Tips.
The tips Users generously give will be smoothly added to the Creator's account, just like any other earnings. Easy peasy! ✨
7.3. Services provided to Creators
The Services provided to Creators are described in the General Terms of Service.
7.4. Services provided to Ambassadors
The Services provided to Ambassadors are described in the General Sponsorship Terms.
7.5. Development of Services and updates
Service Development:
TWEEZY can jazz up the platform and services whenever it feels like it, all at its own discretion.
Rest assured, Users will be kept in the loop about updates needed to keep everything running smoothly during the GTCU.
User-Installed Updates:
If there's an update requiring User installation, TWEEZY will share the details—when it's available, how to install it, and what happens if you don't.
Don't procrastinate! If Users don't install within a reasonable timeframe, TWEEZY isn't responsible for any hiccups.
Service Improvements:
TWEEZY might roll out updates not crucial for the platform's survival but to enhance performance, add features, boost security, or adapt to tech/regulatory changes.
Users get a heads-up on these updates, including the effective date.
User Rights:
Users can say 'no thanks' to an update or uninstall it later if it messes with their platform access.
If a major update disrupts things, Users have up to 30 days after the update to terminate the GTCU, no strings attached.
Keep it fresh, stay informed, and enjoy the ride on TWEEZY!
Article 8. Obligations of the Parties
8.1. Obligations of Users
8.1.1. Code of Conduct
TWEEZY places a strong emphasis on building trust between Creators and Users. While navigating the platform, especially when making requests for Private Media, Users commit to and guarantee that they will not violate any legal or regulatory provisions and will conduct themselves in a manner consistent with public order and morality.
Let's aim for a community based on trust and positive vibes! ✨
The User commits to maintaining politeness, courtesy, and good manners when engaging with the Creator and fellow Users. Specifically, the User agrees not to engage in any messaging or behavior that includes:
- Content that is hateful, encourages hatred, defamatory, or contains insults or abuse.
- Harassment in any form.
- Advocacy or encouragement of discrimination based on race, ethnicity, religion, disability, sex, age, sexual orientation, or gender identity, including physical appearance.
The User is not allowed to make payments directly to the Creator outside of the Platform for services conducted on the Platform.
It's important for Users to note that, while respecting confidentiality obligations, TWEEZY might check the content of communications between Users and Creators upon the Creator's request.
If any confirmed abusive behavior, especially during discussions about Private Media, comes to light, it could lead to an immediate suspension of the User's Account. This is in addition to any potential legal actions or damages claimed by either the Creator or TWEEZY. Stay respectful and play fair!
8.1.2. Use of Media
General stipulations
All the cool stuff you see on here? It's the Creator's masterpiece, and they're the captain of that creative ship. Just so we're all on the same page, putting it on the Platform doesn't mean it's up for grabs. No one else gets ownership rights or the green light to use the Creator's image mojo unless the Creator says so in writing. We're all here to enjoy and respect the artistic vibes!" ✨
So, here's the deal:
Media Use:
Use the cool stuff other Users share only for your personal browsing joy on the Platform. No commercial or professional shenanigans, please.
Keep It to Yourself:
Don't spill the beans! Resist the urge to publish, broadcast, or share any of the shared Media from fellow Users with third parties, whether on social networks or any other platform, for free or otherwise.
Hands Off the Art:
Don't be a tinkerer! No modifying, adapting, or messing with the integrity of what other Users have shared. Let's keep it as awesome as they intended.
Hands Off the Goods: Downloading, sharing, reproducing, or doing anything funky with the content, excluding a casual browse on the Platform, is a no-no. It's like stepping on someone's creative toes—Creator, TWEEZY, or another User.
Consequences of Sneaky Business: Suspect someone's up to some shady business? TWEEZY might hit the brakes, suspend, or even kick out an Account, without any cashback for the User.
Breaking the Rules Penalties: If you're caught red-handed breaking the rules, you might owe TWEEZY €750 (excluding taxes) as a little reminder to play nice. Paying up doesn't mean you're off the hook. Creators still have the right to seek compensation for any damage.
Cleanup Duty: TWEEZY's got the Creator's back. If you're reposting stuff where you shouldn't, they can ask for it to be taken down pronto, whether on this Platform or any other. Easy does it! ??
Use of Media by Creators
In light of this, Creators have the green light to share or distribute Non-Public, Private, Push, or Live Media on any other platform, social network, or medium out there. The only catch? It's gotta come with a price tag.
8.1.3. General obligations
In general, each User has the obligation to:
- Behave fairly and as a prudent and reasonable person towards TWEEZY, the Creators and other Users;
- Be honest and sincere in the information provided to TWEEZY and, where applicable, to other Users;
- Not carry out any activity amounting to cyberbullying, or any other offence amounting to pimping, in accordance with Articles 225-5 et seq. of the French Criminal Code;
- Use the Platform in accordance with its purpose as described in these GTCU;
- Not divert the purpose of the Platform to commit crimes, offences or contraventions punishable by the French Criminal Code or by any other law;
- Respect the privacy of third parties and in particular the Creators and the confidentiality of exchanges;
- Respect the intellectual property rights of TWEEZY relating to the elements of the Platform;
- Respect the property rights of the Creators over the Media;
- Not seek to undermine the automated data processing systems implemented on the Platform within the meaning of Articles 323-1 et seq. of the French Criminal Code;
- Not modify the information uploaded by the Operator or by another User;
- Not use the Platform for the mass sending of unsolicited messages (advertising or other);
- Not disseminate data that has the effect of decreasing, disrupting, slowing down or interrupting the normal operation of the Platform;
- Not disclose in an unauthorised manner personal and/or confidential information of third parties, including Creators and other Users, including the surnames, first names, addresses, social media, telephone numbers, email address of natural persons identified by pseudonyms, or any other element allowing their identification, or infringing their privacy.
In compliance with the legal and regulatory provisions in force and in accordance with the Law of 29 July 1881 relating to freedom of the press, the User undertakes not to broadcast any message or information:
- Constituting wrongful disparagement targeting the Operator or Users of the Platform;
- Contrary to public order and morality;
- That is insulting, defamatory, racist, xenophobic, revisionist or damaging to the honour or reputation of others;
- Inciting discrimination or hatred against a person or group of persons on the basis of their origin or belonging or not belonging to a particular ethnic group, nation, race or religion;
- Threatening a person or group of persons;
- Of a paedophilic nature;
- Inciting the commission of an offence, a crime or an act of terrorism or advocating war crimes or crimes against humanity;
- Inciting suicide;
- Allowing third parties to directly or indirectly obtain pirated software, software serial numbers, software allowing acts of piracy and intrusion into computer and telecommunications systems, viruses and other logical bombs and, in general, any software or other tool making it possible to infringe the rights of others and the safety of persons and property;
- Of a commercial in nature (prospecting, soliciting, prostitution, etc.).
8.1.4. Reporting
In the ongoing battle against illegal content, TWEEZY has some nifty tech tools to sniff out anything fishy before it hits the platform. While these tools are pretty smart, they're not foolproof, and TWEEZY can't monitor everything all the time.
But don't worry, if anything slips through the cracks and turns out to be illegal, TWEEZY's got a speedy notification system to zap it out of existence ASAP. If you spot something wonky that violates the rules or the law, be the superhero and shoot a message to TWEEZY at support@tweezy.io. Let's keep the digital playground safe and sound!
8.2. Obligations of TWEEZY
8.2.1. General stipulations
Above all, in accordance with the Law for Trust in the Digital Economy, as a host, TWEEZY has an obligation to contribute to the prevention of the dissemination of the offences referred to in the fifth, seventh and eighth paragraphs of Article 24 and Article 24 bis of the Law of 29 July 1881 on freedom of the press and Articles 222-33,222-33-2-3,225-4-1,225-4-13,225-5,225-6,227-23 and 227-24 and 421-2-5 of the French Criminal Code.
Playing By the Rules: TWEEZY reports any flagged illegal activities promptly to the authorities.
No Magic Tricks: TWEEZY does its best to keep the Platform running 24/7, but the internet isn't flawless, so there might be hiccups.
Refund Avenue: If the Platform takes an extended break within a month, Users can email support@tweezy.io for a Subscription refund.
Full Disclosure: TWEEZY, as the online platform maestro, commits to keeping things transparent and fair, offering Users clear info about how things work. Let's keep it real in the digital realm!
8.2.2. Anti Slavery Policy and Content Policy
TWEEZY has got its policies in check with a Content Policy and Anti-Slavery Policy, both accessible on the Platform. Users are encouraged to give them a read.
To ensure these policies are followed:
Illegal Content Screening:
- An AI buddy checks all uploaded Media before it hits the platform, preventing the publication of anything shady.
Age Verification for Creators:
- Creators prove their age with an ID and a selfie. AI, managed by a third party, takes care of processing and hosting this info.
Consent and Majority Verification:
- Creators vouch that their Media doesn't feature third parties without consent.
- If there are multiple folks involved, Creators might need to provide proof of consent (image rights and distribution authorization).
- Agencies representing creators need a legit contract, including image rights transfer and distribution authorization.
Age Verification for Users:
- Users declaring their age during registration get a double-check with AI when accessing explicit content, analyzing real-time facial features.
- If there's any doubt, Users can contact support to prove their age.
Random Checks and Content Reporting:
- TWEEZY does random checks and takes quick action on reported content that might be illicit.
- Users can hit the report button on any Media for potential deletion, especially for blatantly illegal content, or request removal from the Creator.
Stay safe, play fair, and let the digital vibes flow! ??
8.2.3. Legal warranty of conformity
Consumers, as Users, get the legal perks outlined in Articles L.224-25-12 et seq. of the French Consumer Code.
All the nitty-gritty details about what's covered and how the legal warranty of conformity works are laid out in the Appendix attached. Happy reading!
Article 9. Liability
9.1. TWEEZY’s liability
9.1.1. General principles
TWEEZY shall not be held liable, in particular:
- If access to the Platform is temporarily impossible for technical maintenance operations or updating of the published information. Users acknowledge that TWEEZY cannot be held liable in the event of malfunctions or interruptions of said transmission networks;
- In the event of malfunctions or interruption of the User's computer equipment;
- In the event of viral attacks or unlawful intrusion into an automated data processing system;
- In case of abnormal use or illegal exploitation of the Platform by a User or a third party;
- Regarding the content of third party websites to which hypertext links present on the Platform refer;
- With regard to the Media published or communicated by Users, as well as to the Lives broadcast by them;
- With regard to the performance of the referral contract concluded between the Ambassador and a Creator or another Ambassador;
- In the event of non-compliance with these GTCU attributable to Users;
- In the event of delay or non-performance of its obligations, when the cause of the delay or non-performance is related to a case of force majeure as defined in these GTCU;
- In the event of an external cause not attributable to TWEEZY;
- In the event of a Creator's breach of the applicable regulations and in particular the professional or ethical rules of its profession;
- In the event of unlawful action by a User, or contractual non-performance by a User, and more particularly in the event of contractual non-performance of the contract concluded between the User and the Creator;
- In the event of non-payment of the Price of the Subscription or the Price of the Media by the User.
If the Platform gets a wild ride from abnormal or illegal use, the User is the solo captain steering that ship. Any damage caused to third parties and the fallout from related claims or actions? Yep, that's on the User. Take care out there!
9.1.2. Host Status
Users are aware that TWEEZY operates as a host under Article 6 I 2° of the Law of 21 June 2004 for Trust in the Digital Economy (LCEN). Consequently, TWEEZY has the authority to remove any reported Media it deems blatantly illegal under Article 6 I 2° of the LCEN.
To report blatantly illegal content, Users or third parties can use the "..." symbol on the Content or send an email to support@tweezy.io. For the notification to be valid, it must comply with the requirements outlined in Article 6 I 5° of the LCEN.
In accordance with Article 6 I 5° of the LCEN, in order to be valid, the notification must include the following:
- The date of the notification;
- If the notifier is a natural person: their surname, given names, profession, domicile, nationality, date and place of birth; - if the applicant is a legal person: its form, name, registered office and the body representing it legally;
- The name and home address of the recipient or, if a legal person, its corporate name and registered office;
- The description of the disputed facts and their precise location;
- The reasons why the content must be removed, including the mention of the legal provisions and the justifications of facts;
- A copy of the correspondence addressed to the author or publisher of the disputed information or activities requesting their interruption, withdrawal or modification, or the justification that the author or publisher could not be contacted.
9.1.3. Disputes between Users
When a Creator uses the Platform to showcase their Media, they're basically waving the TWEEZY brand flag. The Creator gets that if they don't play by the rules laid out in this Contract, it could cast a shadow on TWEEZY.
If there's a tiff between a Creator and a User, they can hash things out using Messaging. TWEEZY encourages Users to try their best to patch things up amicably. If they hit a roadblock, they can each ring up TWEEZY Customer Support. TWEEZY, acting on behalf of the Creators, steps in to play peacemaker and proposes a solution.
Whatever solution TWEEZY suggests is the final say for both the Creator and the User. Let's keep the vibes positive!
9.2. The User's liability
9.2.1. General
The User takes the driver's seat when it comes to using the Platform and the Media, and they're totally cool with that. Heads up: TWEEZY, on behalf of the Creators, has the job of making sure any Media posted by Users on other sites, platforms, or social networks against these GTCU rules gets the boot.
Play fair, folks!
9.2.2. Account Suspension
If a User seriously messes up, especially if it's a repeated thing, TWEEZY can swiftly hit the pause button on their Account. The User gets the memo through an email to the address they gave when signing up.
Now, if someone has been in the "time-out corner" multiple times in the last three years, TWEEZY has the authority to give them the boot—Account deleted and banned from the Platform. It's worth noting that the rules for suspending a Creator's Account are covered in the General Terms of Service.
When an Account gets suspended, it's lights out for accessing any content—Subscriptions or Media. And nope, there's no compensation on the table. Let's all play nice to keep the good vibes going!
9.2.3. Account Deletion
Any suspension of an Account may give rise, automatically and without delay, to the immediate termination hereof resulting in the final closure of the associated Account, in the event that:
- the contractual breach on which the suspension is based is of such seriousness that it would prevent the continuation of the contractual relationship. In particular, the following shall be considered as grounds for immediate and automatic termination:
- any identity theft by a third party;
- any request for payment outside the Platform;
- any request to a Creator for postal, telephone or electronic contact details (email);
- any judicial requisition received relating to the actions of the User;
- any invitation to a User to use another competing platform of TWEEZY;
- any infringement of the intellectual property rights or image rights of a third party;
- any attitude disparaging the Operator;
- any request for a physical meeting with a Creator;
- the accumulation of several warnings over a period of less than three (3) months.
- it is proven that the User has been guilty, through the Platform, of an attempt to commit a crime or an offence punishable by criminal law;
- no satisfactory response is provided by the User within ten (10) days of notification of the suspension decision.
Article 10. Force majeure
TWEEZY catches a break if it can't pull off one of its duties due to a force majeure event. In the contract world, force majeure is when something totally out of TWEEZY's control happens—something it couldn't have predicted when signing the agreement, and something that can't be dodged with some clever moves.
If the hiccup is temporary, TWEEZY can hit the pause button on the obligation until things clear up, unless the delay is so long that it's game over for the Contract. If it's a permanent roadblock, the Contract gets axed automatically, and both parties are off the hook from their obligations, following the rules laid out in the French Civil Code (Articles 1351 and 1351-1).
And if one of these curveballs comes TWEEZY's way, it'll give the User a heads-up as soon as possible. Life's full of surprises, after all!
Article 11. Intellectual Property
11.1. Intellectual property of any User
The User generously hands over, for free and on a non-exclusive basis, all their intellectual property rights linked to the Content, especially any Media they might toss onto the Platform. Here's the breakdown:
- Right of Representation:
- TWEEZY gets to showcase, share, and broadcast the Content—whether internally or externally, for communication purposes (like on TWEEZY's social networks), advertising, or promotions. Basically, any way TWEEZY sees fit.
- Right of Reproduction:
- TWEEZY can create as many copies or duplicates of the Content as it wants, using any known or unknown technical methods.
- Right of Adaptation:
- This one comes with a side of moral rights. It means TWEEZY can tweak, change, or modify the Content in any way, shape, or form—no limitations on formats, colors, materials, or the addition of text, legends, recordings, or anything else needed to polish up the photos.
11.2. Intellectual Property of Creators
The Media, whether it's the everyday variety or the exclusive Private Media cooked up by Creators, stays firmly in the Creator's ownership lane. Creators vouch that they hold all the intellectual property and, if applicable, image rights for the Media they flaunt on the Platform.
Just so it's crystal clear: when Users check out the Media on the Platform, including through Messaging, it doesn't hand over any ownership rights to them. Unless the Creator gives a thumbs-up beforehand, there's no claim to ownership by Users.
In the unfortunate event of a counterfeit or an image rights infringement, TWEEZY isn't in the hot seat. It's just the host, after all, for the Media the Creators put out there.
11.3. Intellectual property of Users
The Media that Users put up on their Profile or share as Private Media with Creators? Yeah, that stays snugly in the Users' property box. It's exclusively theirs, no questions asked. ??
11.4. Intellectual Property of TWEEZY
The User tips their hat to TWEEZY's intellectual property rights over the Platform, its components, and related elements, and promises not to throw any challenges at these rights.
Everything like trademarks, logos, slogans, graphics, photos, animations, videos, software, and text on the Platform (except for User-published Media) is the exclusive intellectual property of TWEEZY.
Without explicit permission, Users can't pull off these moves:
- Reproduce, copy, or represent all or part of the Platform.
- Translate, adapt, modify, or create derivative works from any chunk of the Platform.
- Mess with the insides by decompiling, disassembling, or reverse engineering.
- Get into the business of distributing, broadcasting, selling, renting, loaning, or generally exploiting any section of the Platform.
As a database producer, TWEEZY lays down the law:
- No yanking out a substantial chunk of the Platform or its database, including the Media, whether it's a permanent or temporary move, using any means or form.
- No throwing a substantial part of the Platform or its databases, including the Media or database, out to the public for reuse in any form.
- And definitely no reproducing, extracting, or reusing the Media or other content on the Platform through any means, even if it involves techniques similar to scraping.
By saying "I do" to these GTCU, Users are basically tipping their hats to TWEEZY's intellectual property rights and committing to playing by the rules.
The Operator dishes out a special invite to Users—an exclusive, personal, and non-transferable license that gives them the green light to use the Platform and its information, all in line with these GTCU.
This license is like a global passport, valid for the entire world and sticking around as long as this Contract is in play. All Users need to do is pay up the sums they owe under these GTCU and/or GTS.
But, here's the catch: this license doesn't cover any other use of the Platform and its Media. If Users want to step outside the license's boundaries, they'll need to get a special invite from the Operator.
Article 12. Communication
Users promise to play nice and avoid using TWEEZY's distinctive signs, including the name "TWEEZY," on the Platform or any other website, content-sharing platform, or social network.
This includes steering clear of hashtags directly or indirectly associated with erotic, pornographic, or illicit content. Just a friendly reminder: it's a no-go for any User, whether they're a Creator, Ambassador, or just your average User, to post Media from the Platform on the internet. Let's keep it classy and respectful!
Article 13. Protection of personal data
In the realm of personal data, TWEEZY wears the hat of the data controller. The ins and outs of how TWEEZY handles personal data are laid out in full detail in the Platform's Privacy Policy, conveniently hanging out in the footer of the Website.
And when it comes to cookies doing their thing on the Platform, Users are welcome to take a peek at the Operator's Cookie Policy, just a hop and a skip away on the Platform's home page.
Article 14. Use of User data
TWEEZY might put the data it collects about a User's activity to good use, aiming to spruce up the Platform and offer tailored suggestions for Media or Creators on their Feed.
Fear not, though, because this data will be treated like prized Confidential Information—safely hosted and guarded with care.
Article 15. Assistance and Support
Need some help with the ins and outs of the Platform? Head over to the Support section at https://support.tweezy.io —it's packed with answers.
If you've got a specific question or claim about using the Platform, here's the playbook:
- Shoot an email to support@tweezy.io.
- Good ol' pen and paper works too; send it to AURALES SAS, 12, Boulevard des Fauvettes, 83120 Sainte-Maxime, France.
Article 16. Validity of the GTCU
Should any part of these GTCU be deemed null, illegal, or unenforceable under applicable laws, regulations, or a court's res judicata decision, it won't tarnish the validity, legality, or enforceability of the other provisions—those stay golden.
To keep things shipshape and consistent, if a provision bites the dust, the Operator pledges to cook up a fresh one that aligns with the initial clause's intent, following the legal and regulatory guidelines pronto. Just so we're clear, these tweaks don't give Users a free pass to disregard the General Terms and Conditions of Use. ⚖️
Article 17. Modification of GTCU
These GTCU have your back as long as you're surfing the Platform.
Keep an eye out, though— the Operator might shake things up from time to time, especially to stay in sync with the ever-evolving laws and regulations. But don't worry, you'll get the 411 on any changes to these General Terms and Conditions of Use. The ones that matter? The ones that are live and kicking when you're navigating the Platform.
Article 18. General Provisions
Just because one Party hasn't thrown a spotlight on a clause in these GTCU, be it a long-term or short-term decision, doesn't mean they're giving it the cold shoulder.
If there's a head-scratcher between the titles of the articles and the articles themselves, the titles take a back seat. Clarity trumps confusion.
Article 19. Jurisdiction and Applicable Law
THESE GTCU, AS WELL AS THE RELATIONSHIP BETWEEN THE USER AND TWEEZY, ARE GOVERNED BY FRENCH LAW. IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS WILL HAVE JURISDICTION.
19.1. Provisions applicable to Users who are consumers
If there's a beef about the sales contract or services that couldn't be hashed out through a previous complaint with TWEEZY, the Consumer can bring in a mediator. It's a no-cost gig.
Here's the lowdown: The Party wanting mediation shoots a registered letter to the other Party, spelling out the nitty-gritty of the beef. But here's the kicker—mediation isn't compulsory. Either TWEEZY or the User can bail on it whenever.
To kick off mediation, hit up the National Association of Mediators (ANM). Drop them a line at 62 rue Tiquetonne 75002 PARIS, France, or slide into their inbox using the online form at www.anm-conso.com.
Important note: Going for mediation or any kind of friendly dispute resolution isn't a must. You can call it quits at any point, and it won't strip you of the right to take things to court. ⚖️
IN THE EVENT THAT MEDIATION FAILS OR IS NOT CONTEMPLATED, THE DISPUTE THAT MAY HAVE GIVEN RISE TO MEDIATION SHALL BE REFERRED TO THE COMPETENT COURT DESIGNATED ABOVE.
19.2. Provisions applicable to Users who are professionals
Before jumping into the ring with an arbitrator or taking things to court, let's try to keep the peace. If you're caught up in a disagreement, hit up TWEEZY's Customer Service first at support@tweezy.io.
If the waters are still choppy, here's plan B: a mediation procedure. It's all about finding common ground in good faith. The Party that wants to dance the mediation waltz has to shoot a registered letter to the other Party, spelling out the beef.
Just remember, mediation isn't a must. Either TWEEZY or the User can pull the plug whenever they want. If mediation falls flat or isn't on the cards, it's time to bring in the heavy hitters—the competent court mentioned earlier will take the reins. ⚖️
Appendix 1 - Legal Warranty of Conformity for Users who are consumers
Let's break down the warranty scene for you. In addition to any snazzy commercial warranties TWEEZY might throw your way for specific services, you've got some legal backup under the French Consumer Code (Articles L.224-25-12 and company). ?️
Now, when TWEEZY delivers the goods, they better match what you signed up for (as per Article L.224-25-12). If not, you've got the green light to report any hiccups right when the service rolls out, following the timeframes laid out in the General Terms and Conditions of Use.
This warranty even has your back if things go south due to the Service not playing nice with your digital setup. ??
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- when it has been carried out by TWEEZY or under its responsibility; or
- when it has been carried out by the User, provided that it results from shortcomings in TWEEZY's instructions.
In this respect, pursuant to Articles L.224-25-13 and L.224-25-14 of the French Consumer Code, the Service is compliant if:
1° It corresponds to its description, type, quantity and quality, [...] with regard to any characteristic provided for in the Contract (Article 5) or that the User can legitimately expect for Services of the same type, in view of the nature of such Services, as well as to public representations made by TWEEZY or any person upstream in the chain of transactions, including in advertising or on the labelling;
2° It is suitable for any special use sought by the User, brought to the attention of TWEEZY at the latest at the time of conclusion of the Contract and which the latter has accepted;
3° It is delivered with all accessories […] that must be provided in accordance with the Contract or that the User can legitimately expect;
4° It is updated according to the Contract and what the User can legitimately expect;
5. It is fit for the usual intended use of a Service of the same type […];
6° It has the qualities that TWEEZY presented to the User in the form of a trial or preview version, before the conclusion of the Contract;
7° It is provided according to the most recent version available at the time of conclusion of the Contract, unless otherwise agreed by the Parties;
8° It is provided without interruption throughout this period.
TWEEZY has some leeway when it comes to public representations mentioned in the first point. The company is not obligated by these representations if it can prove:
- Lack of Knowledge: TWEEZY neither knew about these representations nor could have reasonably known about them.
- Correction of Representations: If, at the time of Contract conclusion, any public representations had been corrected in a manner similar to the initial representations.
- No Influence on Decision: If these public representations wouldn't have influenced the User's decision to make the purchase.
Users are not allowed to contest the compliance of the Service by pointing out a defect in specific characteristics if they were explicitly informed about these deviations and gave separate consent at the Contract's conclusion. In such cases, the Service might have planned interruptions, aligning with the provisions in the General Terms and Conditions of Use.
During the entire contractual period of Service provision, TWEEZY is responsible for providing evidence of the Service's compliance.
TWEEZY is not responsible for any non-compliance directly attributable to the incompatibility between the Service and the Customer's digital environment and that the User had been previously informed by TWEEZY of the technical compatibility requirements. As such, the User must cooperate with TWEEZY, to the extent reasonably possible, in order to establish whether or not the non-compliance is caused by the incompatibility in question. In the absence of cooperation, the User shall bear the burden of demonstrating the non-compliance of the Service.
In the event of non-compliance, the User is entitled to have the Service brought into compliance or, failing that, to a price reduction or resolution of the price in accordance with Articles L. 224-25-17 et seq. of the French Consumer Code. Moreover, the User has the right to suspend payment until TWEEZY complies with its warranty obligations under the conditions of Articles 1219 and 1220 of the French Civil Code.
Compliance remediation work takes place free of charge, without undue delay according to the Customer's request and without major inconvenience to the Customer, taking into account the nature and the intended use of the Service. It is not liable to pay for the use of the Service during the contractual period during which the Service was non-compliant.
TWEEZY may refuse the compliance remediation work if it is impossible or entails disproportionate costs in particular with regard to:
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- the value that the Content would have had there been no non-compliance;
- the extent of the non-compliance.
This refusal shall be subject of a reasoned decision in writing or on any durable medium addressed to the User. When these conditions are not met, the User may, after formal notice, continue the forced execution in kind of the compliance remediation work.
The User has the right to a price reduction or to the termination of the Contract (unless the non-compliance is minor) in the cases and in the manner provided for in Article L.224-25-20 of the French Consumer Code, that is to say, in particular, in the event of refusal of compliance remediation work or failure by TWEEZY to comply, in accordance with the aforementioned article.
The User is not required to request prior compliance remediation work when the non-compliance is so serious that it justifies the immediate reduction of the price or termination of the Contract.
The User shall inform TWEEZY of their decision to obtain a price reduction or the termination of the Contract.
The price reduction shall be proportional to the difference between the value of the Service provided and the value of the Service free from defects.
TWEEZY shall refund the User and return any other benefit received under the Contract as soon as possible and no later than fourteen (14) days after notification of the decision to terminate the Contract or to obtain the price reduction. Unless expressly agreed by the Customer and at no additional cost, the refund will be made using the same means of payment as that used for the purchase.
In the event of termination of the Contract, the User shall refrain from using the Service or making it accessible to third parties.
TWEEZY shall return to the User, free of charge and within a reasonable time, in a commonly used and machine-readable format, any content provided or created by the User during their use of the Service (other than personal data), unless such content:
- is of no use outside the context of use of the Service;
- relates only to the Customer's activity when using the Service; or
- has been aggregated by TWEEZY with other data and cannot be disaggregated or can only be disaggregated with disproportionate effort.
TWEEZY undertakes to use the content provided or created by the User (other than personal data) only if it has been generated jointly with other customers and if other customers can continue to use it.
The provisions of this Article shall be without prejudice to the award of damages.
Appendix 2 - Civil and tax rights and obligations of Users
As an online platform, TWEEZY wants to support all Users in the best possible way in their use of the Platform.
As such, TWEEZY wishes to inform any Creator who generates income on TWEEZY of its civil and tax obligations, related to the generation of income through the Platform.
In this case, all relevant information on the subject is compiled in educational sheets recalling the rules applicable to the declaration of income and the payment of social security contributions.
This information may be consulted at the following addresses:
- On www.impots.gouv.fr, regarding tax obligations, link below:
- On www.urssaf.fr, regarding social security obligations, link below:
In terms of payment of VAT, Creators and Ambassadors are invited to consult the information provided by the French authorities: https://www.impots.gouv.fr/professionnel/je-recherche-les-regles-de-territorialite-tva-page-en-cours-de-creation.
As regards social protection, this income must be able to give rise to health insurance or pension rights. The same applies to taxation: the income generated must be subject to tax.
We remind you that the explanations above are given for information only and do not replace the reading of legislative texts, administrative comments and French case law. We also insist on the fact that the rules set out above are likely to change (in particular the different thresholds that are reassessed each year) and that each User of the Platform is solely responsible for their legal obligations, including tax and social security obligations.
In addition, the tax authorities and social security funds are able to complete this information and answer any questions.
In case of doubt, TWEEZY therefore recommends that Users contact their tax centre, social security fund or a specialist advisor.
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