Version of 06.04.2023
Welcome to MYM, the platform that allows content creators to experience their passion.
MYM was created and is operated by AIR MEDIAS, a French simplified joint-stock company (société par action simplifiée) with share capital of 507.800,000 euros, registered with the Lyon Trade and Companies Register under the number 809 565 906, having its registered office at 16 rue Cuvier, 69006, LYON - France, (hereinafter “the Operator” or “MYM”).
MYM makes it possible to:
Reference the Media and Profiles of Creators;
Connect Creators and Users with a view to sharing Media free of charge or for a fee;
Allow Ambassadors to sponsor Creators.
By using the Platform, Users may subscribe to a Subscription with Creators of their choice to access exclusive Media, offered by Creators.
In this context, it is recalled that MYM acts as an online platform operator. Its role is limited to hosting and referencing the Media, as well as connecting Creators and Users, for Media sharing and promotion.
These General Terms and Conditions of Use (GTCU) govern the use, by any User, of the Platform and the related Services and features.
ANY USE MADE OF THE PLATFORM FOR ANY REASON WHATSOEVER NECESSARILY IMPLIES THE UNRESERVED ACCEPTANCE, BY THE USER, OF THESE GENERAL TERMS AND CONDITIONS OF USE (GTCU).
Article 1. Definitions
The terms mentioned below shall have the following meaning in these General Terms and Conditions of Use:
“Account“: means the computer interface hosted on the Platform and allowing the User to use the Platform and the Services, while benefiting from a space hosting their data;
“Agent”: means any person, whether natural or legal, commissioned by the Creator, whether it be representation agencies or marketing agencies for example, to whom services are entrusted in connection with the distribution of Media via the Platform. The Agent may, directly or indirectly, have an activity on the Creator's Account for the purposes of the service provided to the Creator.
“Ambassador“: means any User who refers a Creator or other Ambassador by means of a referral link, in accordance with the terms and conditions defined within the General Sponsorship Terms;
“Bank Charges“: means the costs deducted from the sums paid by the User in return for the Payment Services provided to the Creator. Bank Charges are equivalent to a percentage of the amounts processed by the Payment Services. They are therefore calculated on the amounts actually paid, including all taxes, including VAT and any costs;
“Bookmark“: means a page mark or a bookmark placed on content so that it can be more easily found in the corresponding section of the User's Account.
“Chat”: means the public and instant messaging on which Users can post messages during a Live;
“Commission”: means the percentage of the Creator's earnings paid to MYM in consideration for its Services. The Commission is a percentage of the Price of any Order placed with the Creator;
“Content“: means any item published by a User on the Platform, whether it is Media published by a Creator, or a message or content of any kind (text, image, video, sound, multimedia) published by a User;
“Creator“: means any natural or legal person registered on the Platform as a creator, sharing the Media through the Platform and having subscribed to the General Terms of Service;
“Credentials“: means the User's email address and the password chosen by them, necessary for accessing their Account on the Platform;
“General Sponsorship Terms”: means the contractual terms detailing the terms under which Users may refer other Users;
“General Terms and Conditions of Sale“: means the Platform's contractual terms governing the subscription to a Subscription and the sale of Private Media, Push Media and/or Live Access Tickets;
“General Terms and Conditions of Use” or “GTCU” or “Contract”: means these contractual conditions made available on the Platform, in order to regulate the use of the Platform by any User;
“General Terms of Service” or “GTS”: means the General Terms of Service and all their Appendices, which govern the provision of the Services by MYM to the Creators;
“Interested User“: means any user identified by MYM as being interested in the Media or the Creator's Profile without having signed up for a Subscription with the Creator.
“KYC“: means the Know Your Customer procedure consisting of requiring a User to provide elements to prove their identity and eligibility for certain Services offered by MYM.
“Live”: means the feature that enables the live streaming of a Media via the Platform. Access to a Creator's Live can be free of charge or for a fee;
“Media“: means all photographs, videos, music, audio files, podcasts, lives, information, texts, logos, brands, animations, designs and models, data and, in general, all elements and content created by a Creator and published by the Creator under its sole responsibility on the Platform according to the terms, form and conditions offered to it as part of the Services;
“MYM” or “the Operator”: means AIR MEDIAS, a French simplified joint-stock company (société par actions simplifiée) with share capital of 502,000 Euros, registered with the Lyon Trade and Companies Register under the number 809 565 906, having its registered office at 16 rue Cuvier, 69006, LYON - France. Refers indiscriminately to the Operator or the Platform herein.
“Newsfeed“ or “Feed“: means, on the home page, the User’s newsfeed available on the Platform;
“Non-Public Media”: means any Media communicated on the Profile, in a blurred manner. Non-Public Media may be Viewable Media for a Subscription, Private Media, Push Media or a Live;
“Order”: means any Subscription, Private Media, Push Media and/or Ticket order placed by a User with the Creator on the Platform;
“Parties”: in the plural, refers to MYM and the User together. In the singular, it refers to only one of the two Parties;
“Platform”: means the online Platform accessible at the following address: https://mym.fans/ or through the corresponding mobile applications. The Platform includes all the web pages, Services and features offered to Users;
“Price“: means the sum of money or crypto assets paid by a User to the Creator through the Platform in return for a Subscription or a Media;
“Private Media” or “Custom Media”: means any Media exchanged by a Creator and a User, through messaging. Private media must in principle correspond to the Specifications requested by the User. Private Media cannot appear in the Creator's profile;
“Profile“: means the Creator's presentation page, in which is presented both the Creator's activity and the Media and Subscriptions it offers;
“Public Media“ means any Media published by the Creator on its Profile and accessible to any User free of charge;
“Push Media“: means any Media offered spontaneously by a Creator to one or more Users, through private messaging;
“Services”: means all the Services offered by the Operator to the Users through the Platform;
“Specification“ means the characteristics of a Private Media, offered by a Creator or required by a User by making the request. Any Private Media that is the subject of an Order on the Platform must comply with the Specifications agreed between the User and the Creator;
“Story“: means the Media published by the Creator to illustrate its news, which will automatically disappear after a period of seventy-two (72) hours;
“Subscriber“: means a User who has subscribed to a Subscription with a Creator;
“Subscription”: means the right to access its Media granted by the Creator to the User in return for the price of the Subscription;
“SuperStar”: means any Creator meeting the criteria defined on the Support Website (https://support.mym.fans/) and as such benefiting from preferential treatment;
“Support Website”: means the website hosted at https://support.mym.fans/, published by the Operator in order to provide as much information as possible and to assist any User in their use of the Platform and its Services;
“Ticket “: means the ticket ordered by a User allowing them to attend a Live;
“Tip”: means the amount freely paid by the User to the Creator at its sole discretion, without direct consideration;
“User”: means any person who accesses and browses the Platform, whether a Subscriber, Creator, Ambassador or individual Internet user;
Article 2. Purpose
The purpose of these GTCU, concluded between MYM and the User, is to set out the respective rights and obligations of the Parties in the context of the use of the Platform and all the Services offered therein.
It is understood that:
the Services offered expressly to Creators are governed by the General Terms of Service;
the subscription to a Subscription or the purchase of Media is governed by the General Terms and Conditions of Sale (GTCS).
They also provide the User, in a clear, fair and transparent manner, with all legally binding information.
Article 3. Acceptance of the General Terms and Conditions of Use
The use of the features of the Platform and Services implies acceptance of these GTCU.
Thus, the User undertakes to read these General Terms and Conditions of Use carefully when accessing the Platform and is invited to download them, print them and keep a copy.
Any use of the Platform and a fortiori, signing up for a Subscription or purchasing Media implies that the User:
if the User is a legal person, is a duly registered legal person, acting through a legal representative or a person duly authorised to bind it legally;
or if the User is a natural person, is of legal age, capable, not being under any legal protection measure (guardianship, trusteeship.
The GTCS may be terminated in the event that one of these conditions is no longer met, resulting in the suspension or even the deletion of the User's Account.
Article 4. Technical Specifications
By using the Platform, the User acknowledges having the means and skills necessary to use the features offered on the Platform.
The equipment necessary for accessing and using the Platform (telephone, computer, tablet or any other mobile device, etc.) is the responsibility of the User, as well as any telecommunications costs incurred by their use.
Article 5. Role of MYM
5.1. MYM's intervention as online platform operator
MYM acts as an online platform operator.
The Price Amount is chosen by the Creator, under its sole responsibility. The Media are published by the Creator under its responsibility, the Operator may only act as host for the content.
5.2. General pre-contractual information obligation: fairness, clarity and transparency
As an online platform operator, MYM acts in a neutral, clear and transparent manner.
5.2.1. Referencing Profiles and Content
The criteria for listing and ranking Creators, as well as the Media presented on the News Feed are, in accordance with the applicable regulations, detailed in a dedicated section, present on the Platform and/or on the Support Website.
This being said, MYM grants specific treatment to certain Creators, in this case Superstars, who benefit from lower Commissions from MYM, highlighting of their special status through a badge on their Profile, a promotion in the search engine and the possibility of benefiting from certain means of payment.
Finally, some Creators, because of their renown or because of editorial choices, may be spontaneously and temporarily promoted by MYM.
The User may enter keywords in the Platform's search engine to search for Creators or Media.
Profiles are ranked in a simple order: Superstars first, then Profiles with the greatest relevance to the User's search.
Users will be notified of a creator's SuperStar status by means of a visible sign.
On the Newsfeed, the following Media are first 2/3 presented, in chronological order:
the Private and Public Media of the Creators to which they subscribe;
the Public Media of the Creators to which the User has previously been Subscribed;
The Public Media of Creators for which the User can be considered an Interested User, since they:
clicked on the button to subscribe to this Creator without proceeding to make payment;
placed one of the Creator's Media in their Bookmarks;
“liked” Media from this Creator;
chose to “follow” this Creator from their Profile page.
The last 1/3 of the Media presented to the User consists of the Creators "suggested" by MYM, which correspond to the interests and tastes of the User.
5.2.2. Information on Creators’ tax obligations
In accordance with Article 242 bis of the French General Tax Code, MYM undertakes to:
At the time of each transaction carried out through it, communicate to the Creators the information relating to the tax regimes and the social regulations applicable to these sums, the reporting and payment obligations resulting therefrom with the tax authorities and the bodies collecting social contributions, as well as the sanctions incurred in the event of a breach of these obligations (see Appendix 1: Information on civil and tax obligations);
Issue once a month the summary of transactions carried out during the past month;
Issue to the Creators in January of each year a document summarising the gross amount of the transactions of which it was aware and which the Creators received, through it, during the previous year.
For more information on its tax and social security obligations, the Creator is invited to consult the General Terms of Service.
5.3. Fight against cyber threats and cyber pimping
MYM attaches particular importance to the fight against cyber threats.
MYM has put in place mechanisms to fight cyber threats and cyber pimping. These mechanisms are described on the "Cyberprotection & Support" tab available on the Platform at the following address: https://support.mym.fans/hc/fr/articles/4801356793500-Cyberprotection-accompagnement#1-mym-accompagne-tous-les-utilisateurs-0-0
In order to combat these threats, MYM is in particular putting in place:
A system for de-anonymising Users, to be able to provide support to the police if necessary and to be able to hold all Users accountable;
Enhanced KYC for all Users;
IT moderation of the Media and interactions between users using artificial intelligence tools that respect the applicable legal framework and MYM’s status as host;
Tools for verifying the age of Users in the event of access to Media reserved for adults given their potentially erotic or pornographic nature.
Article 6. Conditions for access to and registration on the Platform
Internet users wanting to become a User, Creator or Ambassador are invited to follow the steps described below.
6.1. Registration on the Platform
6.1.1. Registration as a “User”
Any User wishing to become a “User” may register by selecting the “User” tab or by visiting the following web page: https://mym.fans/app/register.
To register as a “User”, the User must:
Sign up with their email address or via their Facebook or Google account;
Accept these GTCU.
Registration via an email address
To register according to the traditional registration procedure, the User must select the option "register with my email address".
The User must then fill in the following information on an online form:
Their date of birth;
Registration via a Facebook or Google account
To register via a Facebook or Google account, the User must select the option "register with Facebook" or "register with Google".
The User will then be redirected and able to select the information they want to share with MYM as part of their registration on the Platform. Users will also be asked to select the permissions they wish to grant to MYM on their Facebook or Google account.
The User warrants that the Facebook or Google account used for their registration is their personal and registered account, and that all information transmitted by Facebook or Google to MYM is accurate, complete and up-to-date.
6.1.2. Registration as a “Creator”
To register as a Creator, the User must go to the page https://creators.mym.fans/app/register or click on the "Creators" tab and follow the detailed steps on the Platform.
To register as a “Creator”, the User must:
Sign up with their email address or via their Facebook or Google account;
In order to be accepted as a Creator on the Platform, the Creator must submit to MYM the elements requested on this occasion.
If the data provided meets MYM's expectations, the General Terms of Service will be definitively concluded with MYM. The Creator will then be considered “certified” and may publish Media on the Platform.
6.1.3. Registration as an "Ambassador"
To register as an Ambassador, the User must go to the page https://ambassadors.mym.fans/app/register and follow the detailed steps on the Platform or within the General Sponsorship Terms.
6.2. Access and management of the Account
Once registration is finalised, the User will have an Account on the Platform.
Users may, if they wish, personalise their Account, in particular by changing their pseudonym, their password or by including a profile photo.
As such, the User undertakes never to use a Profile photograph likely to infringe public order and morality in any way whatsoever, in particular by infringing the rights of others, or by being illegal or unlawful.
The User undertakes to provide MYM, via their Account, with accurate, fair and up-to-date data, which does not affect, in any capacity whatsoever, the rights of third parties and to communicate to MYM any necessary update of the data communicated when they registered.
The User is fully responsible for the accuracy and updating of the data communicated in connection with the opening and management of their Account.
6.3. Credentials Management
The email address and the password are the User's Credentials.
The User undertakes to create a single Account on the Platform (except in the event that the User is also a Creator and/or Ambassador). MYM declines all liability for the harmful consequences that the use of multiple Accounts may have for a single User.
Users will be solely responsible for the use of their Credentials or actions taken through their Account, regardless of the actions performed through the Credentials.
In the event that a User discloses or uses their Credentials in a manner contrary to their intended purpose, MYM may then delete their Account without notice or compensation.
In no event shall MYM be held liable in the event of theft of the identity of a User. Any access and action carried out from a User's Account shall be presumed to be carried out by that User, insofar as MYM does not have the obligation and does not have the technical means allowing it to ensure the identity of the persons having access to the Platform from an Account.
In the event of loss or forgetting of their password, the User must reset it without delay by using the "forgotten password" button and then entering the email address previously indicated and linked to their Account.
Any misappropriation or unauthorised use of a User's Credentials and the consequences thereof are the sole responsibility of the User, with the User the latter being required to notify MYM, without delay, by email sent to the following address: email@example.com.
6.3.1. Specific provisions for Agents
6.3.1. Case of Agents
Any Agent of a Creator must notify MYM without delay by writing to firstname.lastname@example.org.
Creators may use Agents, whether they be representation agencies or marketing agencies, to whom services are entrusted that contribute to the provision of Media via the Platform.
In such a case, the Creator acknowledges that, as a principal, he/she shall be fully responsible for any action carried out via his/her Account, whether undertaken by the Creator himself/herself or by his/her Agent.
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
Users may request certification of their Account with MYM by following the steps detailed 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 linked to a natural or legal person acting in a professional capacity:
The company registration certificate;
If applicable, the intra-community VAT number.
MYM will analyse the User's certification request and reserves the right to reject any request that does not meet the criteria set out above.
Users are informed that MYM may revoke the certification of their Account without notice or compensation when the User no longer meets the above criteria in the event of a serious or repeated breach of these General Terms and Conditions of Use and in particular in the event of:
Theft of the identity of a third party,
Serious breach resulting in the suspension of the Account.
6.4.2. Creator Account Certification
The conditions under which the Creator Account may be certified are described in the General Terms of Service.
6.5. Account Deletion
6.5.1. Deletion of the User or Ambassador Account
At any time, the User may send a request to MYM to have their Account deleted.
This request can be made automatically through the "account deletion" section of the User Account.
This request may also be made by email to: email@example.com, indicating "DELETION" in the subject of the email, and must be sent from the email address associated with the Account.
If a request is sent in the forms prescribed in this article, MYM undertakes to proceed with the deletion of the account, and all the related information.
Any request to delete an Account is final and does not give rise to any refund, regardless of the subscription periods paid in advance.
The User understands and accepts that the use of the deletion of the Account by request sent by email necessarily entails a longer processing time than automated deletion through the form present on the User Account.
6.5.2. Deletion of the Creator Account
The conditions under which Creators may delete their Account are specified in the General Terms of Service.
Article 7. Description of the Services
7.1. Services Provided to all Users
Any User may access the Platform, as well as its various features, free of charge, provided that they register beforehand.
The main Service offered by MYM is to offer any registered User the opportunity to consult the Creator Profiles listed on the Platform, as well as the Media published by them.
Users can access:
The Platform's search engine to search for a Media or a Creator;
Registered Users automatically have access to:
The Public Profile of Creators;
Public Media published by the Creators on the Platform;
The blurred version of Non-Public Media and Push Media published by the Creators.
Users can also:
Like the content by clicking on the Like button;
Add Creators or Media to their Bookmarks.
Full access to the Creators' Non-Public and Private Media and their Profile is reserved for Users who have signed up for a Subscription with the Creator concerned and have paid the Price set by the Creator.
7.2. Services provided to Users
7.2.1. Access to Non-Public Media
First of all, Creators may publish Public Media, accessible free of charge by any User.
The "public" nature of the Content does not imply any assignment of intellectual property rights for the benefit of Users for the benefit of Users, who must in any case refrain from publishing the content on other media, whatever they may be, or communicate it to third parties in any way whatsoever.
The ephemeral nature of the Stories will in no way limit the Creator's responsibility for the content of the Media published.
7.2.2. Access to Non-Public Media
Non-Public Media appear blurred on the Platform.
To access the non-blurred version of the Non-Public Media, the User must Sign up for a Subscription with the Creator who published said Media by following the steps described in the General Terms and Conditions of Sale.
The rights conferred by the Subscription and the Price of the Subscription or the Media are described on their Profile and are defined by the Creator, under its sole responsibility.
The Subscription to Non-Public Media as well as any access (paid or free) to a Media are governed by the General Terms and Conditions of Sale.
Each Subscription is valid only for the Creator from which the User has taken out a Subscription.
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.
As a platform operator, MYM has no control over the frequency, quality and quantity of the Media published by the Creators, who operate completely independently.
Before subscribing to a Subscription, it is therefore up to the User to carry out research on each Creator, relating in particular to their activity and the frequency of their publications.
The User undertakes to use the Media in compliance with these GTCU and in particular not to publish the Media on other platforms and social networks and/or to communicate them to any third party whatsoever.
Access to Push Media
The Creator may also publish Push Media on the Platform under its sole responsibility and full control.
To access Push Media, the User must:
If the Push Media is paid, have signed up for a Subscription with the relevant Creator;
If applicable, pay the corresponding Price under the conditions provided for and detailed in the General Terms and Conditions of Sale.
Access to Lives
The Creator may also broadcast Lives on the Platform.
It is specified that Users are automatically invited to participate in Lives. The Creator may also, at its sole discretion, invite its former Users as well as Interested Users to attend its Lives.
The arrangements for broadcasting the Live (free, paid, times, duration, etc.) are freely defined by the Creator under its control and its sole responsibility and are communicated to the User by means of an invitation.
When the Live is paid, the User must purchase a Ticket under the conditions detailed in the General Terms and Conditions of Sale.
It is specified that the Creator may activate and deactivate the Chat at any time during its Live.
The User agrees to:
Use the Chat in compliance with the rules of courtesy, politeness and etiquette, as well as the rules recalled herein;
Observe the rules of use of the Chat defined by the Creator concerned.
The User is informed that in the event of a breach of its obligations hereunder or under the rules defined by the Creator, the Creator may, under its sole responsibility:
Mute them. In this case, the Creator and other Users will no longer be able to see the messages posted by the User;
Ban them from the Chat for the duration of their choice. Only the Creator may decide to revoke the ban from the Chat under its sole responsibility.
7.2.3. Access to Messaging
Users may use Messaging to communicate with the Creator with which they have taken out a Subscription.
Messaging may be used to:
Communicate with the Creator;
Request or communicate Private Media to the Creator.
It is recalled that it is strictly forbidden to request or exchange personal contact details with the Creator, whether it is a telephone number, an email address, a postal address or geolocation data.
7.2.4. Private Media Request
Users may use Messaging to request from the Creator to which they are subscribed the communication of Private Media by following the steps detailed on the Platform and/or within the General Terms and Conditions of Sale.
The conditions of sale and the Specifications of the Private Media are defined freely between the User and the Creator, via Messaging. In the absence of specific agreed terms, the General Terms and Conditions of Sale shall apply.
In any event, Users are informed that:
The Creator shall have no obligation to respond to the User's request ;
The Creator may reuse the Private Media created by it on the Platform provided that it does not distribute it free of charge on the Platform or on any other medium in the form of Public Media or freely accessible content. Thus, unless specific conditions are agreed between the User and the Creator, the communication of Private Media does not necessarily imply that the latter is "unique" or communicated exclusively to the User concerned.
To support the Creators, Users will have the opportunity to offer them Tips.
These earnings will be credited to the Creator's account in the same way as other earnings.
7.2.6. Charitable donations
The Creator has the possibility, when creating its account, to choose a charity to which it would like to donate a part of its earnings.
It is understood that while MYM encourages the Creator to pay part of these earnings to this type of charitable initiation, MYM does not intervene in the payment of the sums to them so that the Creator will be solely responsible for respecting the commitments made both with regard to Users and charities. The Creator therefore undertakes to pay to the chosen charity, without the assistance of MYM, the percentage of its commissions that it has committed to pay.
MYM may not under any circumstances be held liable for a Creator who does not ultimately pay the share of its Commissions to be donated to the charity.
Any Creator offering a competition via the Platform does so under its full responsibility and is therefore responsible for complying with the applicable regulations in this area.
The Creator may for example be required to provide competition rules to provide fair information to Users about the conditions for participation in the competition.
Any competition organised directly by MYM, where applicable in partnership with a Creator, will be visible in the Appendix of these GTCU.
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
MYM reserves the right to freely develop the Services, at its sole discretion, in particular in order to improve the Platform and the existing Services.
MYM shall ensure that the User is informed of the updates necessary to maintain the compliance of the Service for the duration of the GTCU.
When the update involves an installation by the User, MYM will inform the User of the availability of updates, the terms of their installation and the consequences of their non-installation. In the absence of installation by the User within a reasonable time, MYM may not be held liable for non-compliance resulting from the failure to update.
MYM may also carry out updates to the Service that are not necessary for it to maintain the Service but that allow it to improve its operation, to propose additional features, to strengthen the security of the Services or to adapt to technical or regulatory developments.
These updates will be notified to the Customer specifying the date of their entry into force.
The User may refuse the update or uninstall it later if it has an impact on their access to the Platform. Unless the update has only a minor impact on the User or MYM has allowed them to keep the Platform without the update, they may terminate the GTCU automatically and without charge, within a maximum period of thirty (30) days after the implementation of the update.
Article 8. Obligations of the Parties
8.1. Obligations of Users
8.1.1. Code of Conduct
MYM pays particular attention to building trust between Creators and Users.
When browsing the Platform, and in particular when sending requests for Private Media, the User undertakes and guarantees that they will not violate any legal or regulatory provisions and that they will not behave in a way contrary to public order and morality.
The User undertakes to respect the rules of politeness, courtesy and good manners in their interactions with the Creator and other Users.
In particular, the User shall refrain from any message and any behaviour:
Including content that is hateful, incites hatred, defamatory, contains insults or abuse;
Advocating or encouraging any form of discrimination based on race, ethnicity, religion, disability, sex, age, sexual orientation or gender identity, physical appearance.
The User is also prohibited from paying money to the Creator outside the Platform for services performed on the Platform.
The User is informed that without prejudice to its obligation of confidentiality, MYM may verify the content of communications between the User and the Creator, at the request of the Creator concerned.
Consequently, any proven abusive behaviour against the Creators, in particular during exchanges relating to the communication of Private Media, will result in an immediate suspension of the User's Account, without prejudice to any legal action that may be taken, and any damages that may be claimed by the Creator or MYM, as the case may be.
8.1.2. Use of Media
The Media is and remains the exclusive property of the Creator who publishes it under its full control and sole responsibility.
Unless expressly agreed in writing by the Creator, the publication of the Media by the Creator on the Platform does not confer any right of ownership of any nature whatsoever over the Media for the benefit of other Users, nor any authorisation to exploit the Creator's image rights in any manner whatsoever, which the User expressly accepts and acknowledges.
Therefore, the User undertakes to:
Use the Media published by other Users only for their personal needs for the purposes of consulting the Media on the Platform, to the exclusion of any use of the Media for commercial or professional purposes;
Not publish, broadcast or communicate all or part of the Media published by another User to third parties, by any means whatsoever, on any medium whatsoever, in particular on social networks, whether free of charge or for a fee;
Not modify, adapt or damage the integrity of all or part of the Media published by another User in any way.
Any downloading, sharing, making available, reproduction, or any other form of reproduction, use or dissemination excluding consultation on the Platform infringes the rights of the Creator, MYM or the User and engages the liability of the User.
In the event of a serious suspicion of a breach of these obligations, MYM may proceed to suspend or even delete the User's Account at its exclusive fault, without any refund for the sums paid by the User being payable by the latter.
In the event of a proven breach of these commitments which form part of the essential commitments of the Parties, the User undertakes to pay MYM a lump sum of five hundred euros (€500) excluding taxes.
The payment of this penalty is non-discharging and does not exclude the questioning of the liability of the User for the violation of the rights of the Creator, who will in any event retain the right to claim compensation for its entire damage arising therefrom.
Finally, the User is informed that MYM is mandated by the Creator to request the deletion of any Media that may be republished in whole or in part by the User on the Platform or on any other platform, social network or medium of any nature whatsoever.
Use of Media by Creators
Consequently, the Creators may publish or distribute all or part of the Non-Public, Private, Push or Live Media on any other platform, social network or medium of any kind whatsoever, provided that this distribution is paid for.
8.1.3. General obligations
In general, each User has the obligation to:
Behave fairly and as a prudent and reasonable person towards MYM, the Creators and other Users;
Be honest and sincere in the information provided to MYM 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 MYM 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;
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.).
As part of its active fight against illegal Content, MYM has set up a set of IT tools to detect, prior to their publication, Content that could be considered as "illegal". However, as these technologies are not infallible, and MYM cannot be held to an obligation of systematic control, MYM has put in place an advanced notification system in order to promptly remove any Content that may prove to be illegal.
The User undertakes to report any violation of these GTCU, or of French or foreign legislation in force at MYM, by means of the "..." reporting button visible in the upper right of the Media, or by contacting MYM directly at firstname.lastname@example.org.
8.2. Obligations of MYM
8.2.1. General stipulations
Above all, in accordance with the Law for Trust in the Digital Economy, as a host, MYM 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.
MYM thus undertakes to promptly inform the competent public authorities of any illegal activities reported to it and that any User of the Platform may carry out.
MYM's general obligation is an obligation of means. MYM does not have any obligation of result or reinforced means of any kind.
MYM undertakes to use all means to ensure continuity of access and use of the Platform 7 days a week and 24 hours a day.
However, MYM draws Users' attention to the fact that the current communication protocols via the Internet do not ensure the reliable and continuous transmission of electronic exchanges (messages, documents, identity of the sender or recipient).
In the event that the Platform is unavailable for more than 7 consecutive days within the same month, Users may request a refund of their Subscription from MYM by sending an email to email@example.com.
Furthermore, in accordance with the provisions of Articles L.111-7 et seq. of the French Consumer Code, as an operator of an online platform, the Operator undertakes to provide clear, transparent and fair information on the terms of its intervention, particularly herein.
8.2.2. Anti Slavery Policy and Content Policy
The Operator has implemented a Content Policy and an Anti Slavery Policy, which are accessible from the Platform. MYM invites all its Users to consult these documents.
In this context, MYM reiterates that it is putting in place a set of measures to ensure that these requirements are fulfilled.
With regards to potentially illegal content, all Media is analysed by an artificial intelligence solution when it is uploaded, before it is published. The artificial intelligence solution can thus block the publication of any illicit content that is not consistent with the Content Policy or the Anti-Exploitation Policy.
With regards to the verification of the Creators' majority, the age of each Creator is verified by means of his/her ID and a selfie of the Creator holding his/her ID. This data is processed and hosted by an artificial intelligence solution, managed by a third party company.
Regarding the integrity of the consent and the majority of people appearing on the content, MYM implements verification processes:
When uploading a Media, the Creator guarantees that it does not feature any other third party or, where applicable, guarantees to hold proof of the integrity of the consent of the person and their majority ;
If a Creator offers content featuring multiple third parties, then he/she may be required to provide proof of consent from these individuals (transfer of image rights and authorisation to distribute);
MYM requires that any agency, which presents itself as the agent of a creator registered on the Platform, sign a contract in due form with the commissioning creator, containing a transfer of image rights and an authorisation to distribute.
With regards to the verification of the age of Users wishing to have access to Media containing nudity or of a pornographic nature, if the User already declares on his honour that he is of age when registering, he will also have to submit to a check carried out by an artificial intelligence solution when he attempts to access the said content. This solution is based on the analysis of facial features in real time in order to determine the real age of the user. If the age assessment leaves any uncertainty, then the User can contact support to prove its age by any means.
MYM will then carry out random checks, allowing it to analyse content in greater depth, for example.
Finally, in accordance with its status as a host, MYM acts promptly on any content that is notified to it because of its potentially illicit nature. Each piece of Media has a button allowing any User to notify an illegal content in due form which, if necessary, may lead to the deletion of the Media in the event of manifestly illegal content, or to requests for deletion from the Creator concerned.
8.2.3. Legal warranty of conformity
Users who are consumers benefit from legal warranties as defined by Articles L.224-25-12 et seq. of the French Consumer Code.
The content and conditions of implementation of the legal warranty of conformity are specified in the Appendix hereto.
Article 9. Liability
9.1. MYM’s liability
9.1.1. General principles
MYM 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 MYM 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 MYM;
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.
In the event of abnormal use or illegal use of the Platform, the User is solely liable for the damage caused to third parties and the consequences of the claims or actions that may result therefrom.
9.1.2. Host Status
Users acknowledge that MYM has the status of host within the meaning of Article 6 I 2° of the Law of 21 June 2004 for Trust in the Digital Economy, known as the LCEN.
As such, MYM reserves the right to withdraw from the Platform any Media that has been reported to it and that it considers as manifestly unlawful within the meaning of Article 6 I 2° of the LCEN.
The notification of manifestly unlawful content by a User or any other third party must be made by clicking on the "..." symbol visible on the Content or by email to: firstname.lastname@example.org.
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
The Creator, by using the Platform to publish Media, acknowledges that it engages the brand image of MYM. The Creator therefore acknowledges that its actions, which do not comply with all the obligations stipulated in this Contract, may have a detrimental effect on MYM.
In the event of a dispute between a Creator and a User, the Creator and the User shall have access to Messaging to exchange information between them in order to resolve the dispute between them.
MYM invites Users to make their best efforts to amicably resolve any dispute between them.
In the event that the User(s) cannot reach an agreement, each of the Users concerned may contact MYM through MYM Customer Support. Mandated for this purpose by the Creators, MYM will then intervene to attempt to propose a solution to the Users.
The solution proposed by MYM will be binding on both the Creator and the User.
9.2. The User's liability
The User is solely responsible for their use of the Platform and the Media, which they expressly accept and acknowledge.
The User is informed that MYM is mandated by the Creators to obtain the deletion of the Media that would be published by the Users on other websites, platforms or social networks in violation of these GTCU.
9.2.2. Account Suspension
In the event of a serious and/or repeated breach by a User of their obligations, MYM may automatically suspend access to their Account without delay.
The suspension will be notified to the User by email to the email address provided when they registered on the Platform.
In the event that the User has already been subject to several suspensions during the last three (3) years, MYM reserves the right to unilaterally delete its Account and ban it from the Platform.
It is specified that the suspension of the Creator's Account is governed by the General Terms of Service.
Suspension of the Account means that it is impossible to access the Content, whether it be Subscriptions or Media, with the User being unable to claim any compensation.
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 MYM;
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.
Termination of the GTCU and closure of the Account shall automatically and without delay result in the termination of any Subscription in force and the associated General Terms and Conditions of Sale. Similarly, all access to previously reserved Media will henceforth be prohibited.
Article 10. Force majeure
MYM may not be held liable if the non-performance or delay in the performance of one of its obligations described in these GTCU results from a case of force majeure.
In contractual matters, there is force majeure when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of the signature of the agreement and the effects of which cannot be avoided by appropriate measures, prevents performance by the debtor of its obligation.
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the termination of the Contract. If the impediment is final, the Contract shall be terminated by operation of law and the Parties shall be discharged from their obligations under the conditions set forth in Articles 1351 and 1351-1 of the French Civil Code.
If one of the aforementioned events occurs, MYM will endeavour to inform the User as soon as possible.
Article 11. Intellectual Property
11.1. Intellectual property of any User
The User assigns free of charge and non-exclusively to the Operator all intellectual property rights relating to the Content and in particular the Media, possibly published on the Platform, under the conditions defined below:
The right of representation, and in particular without this list being exhaustive: the right to communicate, disseminate, disclose to the public all or part of the Content, for the purposes of internal or external communication (and in particular via MYM’s social networks), for advertising or promotional purposes, and by all technical means known or unknown to date.
The right of reproduction, and in particular without this list being exhaustive: the right to establish or have established without limitation of number any originals, duplicates, or copies of all or part of the photos and by all technical means known or unknown to date.
The right of adaptation is understood to be subject to moral rights, without limitation of formats, colours and materials accompanied by all legends, texts, recordings, or additions necessary for the finalisation of the photos.
This assignment is valid worldwide and for the duration of the User's registration on the Platform, for the sole purposes of operating and promoting the Platform.
This assignment expressly excludes any right to sub-license and by extension any assignment, concession or license that may be granted by the Operator to a third party, for a fee, without the Creator’s knowledge (other than Subscriptions or sales of Media through the Platform).
11.2. Intellectual Property of Creators
The Media published on the Platform by the Creators, including the Private Media created by the Creators, are and remain the exclusive property of the Creators.
The Creators guarantee that they have all intellectual property rights and, where applicable, image rights relating to the Media they broadcast on the Platform.
Unless expressly agreed in advance by the Creator, the publication of the Media on the Platform, in particular via Messaging, does not confer any right of ownership of any nature whatsoever on the Users on the Media.
In any event, MYM cannot be held liable for an act of counterfeiting or an infringement of image rights, given its simple capacity as host of the Media published by the Creators.
11.3. Intellectual property of Users
The Media published by the Users on their Profile or communicated to Creators as Private Media are and remain the exclusive property of the Users.
11.4. Intellectual Property of MYM
The User acknowledges the intellectual property rights of MYM on the Platform, its components and the related elements and waives the right to challenge these rights in any form whatsoever.
The trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other Media on the Platform, with the exception of Media published by Users, are the exclusive intellectual property of MYM and may not be reproduced, used or represented without express authorisation under penalty of legal action.
To this end, and where necessary, it is specified that it is strictly forbidden for Users to:
Reproduce, copy and/or represent, all or part of the Platform;
Translate, adapt, modify or create works derived from all or part of the Platform;
Decompile, disassemble or reverse engineer all or part of the Platform;
Distribute, broadcast, sell, rent or loan or otherwise exploit all or part of the Platform.
Any representation or reproduction, in whole or in part, of the Platform and its Media, by any process whatsoever, without the express prior authorisation of MYM, is prohibited and will constitute an infringement sanctioned by Articles L.335-2 et seq. and Articles L.713-1 et seq. of the French Intellectual Property Code.
In particular, as a database producer, MYM expressly prohibits:
The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the Platform, or its database including the Media on another medium, by any means and in any form whatsoever;
The reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the Platform or its databases including the Media or database, in any form whatsoever;
The reproduction, extraction or reuse, by any means, including methods equivalent to scrapping the Media or other content published on the Platform.
Acceptance of these GTCU constitutes acknowledgement by Users of MYM's intellectual property rights and a commitment to respect them.
The Operator grants a personal, non-exclusive and non-transferable license to Users authorising them to use the Platform and the information it contains in accordance with these GTCU.
This license is granted for the entire world, for the entire duration of this Contract, in consideration of the payment by the User of the sums to which they may be bound under these GTCU and/or GTS.
Any other use of the Platform and its Media is excluded from the scope of this license and may not be carried out without the express prior authorisation of the Operator.
Article 12. Communication
Users undertake not to use, on the Platform or on any other website, content-sharing platform or social network of any kind whatsoever, the distinctive signs of MYM, including the name "MYM", in particular in the form of a hashtag in direct or indirect relation with erotic, pornographic or illicit content.
It is recalled that it is in any event prohibited for any User, Creator as User or Ambassador to publish on the Internet a Media originating from the Platform.
Article 13. Protection of personal data
MYM, the data controller, processes the personal data of Users.
Article 14. Use of User data
MYM may use any data obtained about a User's activity to improve the Platform and suggest Media or Creators on their Feed.
This data will be kept as Confidential Information, securely hosted and protected.
Article 15. Assistance and Support
For any questions relating to the use of the Platform, the User is invited, in the first instance, to consult the Support section of the Platform available at https://support.mym.fans.
In any event, any question or claim concerning the use or operation of the Platform may be formulated as follows:
By email to the following address: email@example.com;
By writing to: AIR MEDIAS, 16 rue Cuvier, 69006 LYON, France
Article 16. Validity of the GTCU
If any of the provisions of these of GTCU are declared, in whole or in part, null and void, illegal or unenforceable under any applicable law or regulation and/or a court decision having the force of res judicata, they shall be deemed unwritten but shall not affect the validity, legality or enforceability of the other provisions which shall remain fully applicable.
In such a case, however, and in order to prevent the GTCU from surviving in a truncated and/or inconsistent form, the Operator undertakes to include in the GTCU a new provision tending to reproduce the economy in the initial clause, in accordance with the applicable legal and regulatory provisions and as soon as possible.
Any such modification or decision does not authorise the Users to disregard these General Terms and Conditions of Use.
Article 17. Modification of GTCU
These GTCU apply to any User browsing the Platform.
The GTCU may be modified and updated by the Operator at any time, in particular to adapt to legislative or regulatory changes.
Users will be notified of any changes to these General Terms and Conditions of Use.
The applicable GTCU are those in force at the time of browsing on the Platform.
Article 18. General Provisions
The fact that one of the Parties has not demanded the application of any clause of these GTCU, whether permanently or temporarily, cannot in any case be considered as a waiver of said clause.
In the event of difficulties in interpretation between any of the headings of the articles and any of the articles, the headings will be declared non-existent.
Article 19. Jurisdiction and Applicable Law
THESE GTCU, AS WELL AS THE RELATIONSHIP BETWEEN THE USER AND MYM, 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
In accordance with Articles L611-1 et seq. and R612-1 et seq. of the French Consumer Code, it is provided that for any dispute of a contractual nature relating to the performance of the sales contract and/or the provision of services that could not be resolved in the context of a complaint previously submitted to MYM, the Consumer may have recourse to mediation free of charge.
The Party wishing to implement the mediation process must first inform the other Party by registered letter with acknowledgement of receipt, indicating the elements of the conflict. As mediation is not mandatory, MYM or the User may withdraw from the process at any time.
It will contact the National Association of Mediators (ANM) either:
by writing to 62 rue Tiquetonne 75002 PARIS, France
by email by filling in the online referral form at the following address: www.anm-conso.com
In any event, the User is informed that recourse to a mediator, or any form of amicable resolution of any dispute is not mandatory, that they may terminate it at any time, and that this does not deprive them of the right to bring legal action.
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
However, prior to any recourse to an arbitral or state judge, the User is invited to first contact MYM’s Customer Service at this address: firstname.lastname@example.org.
If no agreement is reached, then an optional mediation procedure, conducted in a spirit of fairness and good faith in order to reach an amicable settlement upon the occurrence of any conflict relating hereto, including its validity, will be offered.
The Party wishing to implement the mediation process must first inform the other Party by registered letter with acknowledgement of receipt, indicating the elements of the conflict.
As mediation is not mandatory, MYM or the User may withdraw from the process at any time.
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.
Appendix 1 - Legal Warranty of Conformity for Users who are consumers
In addition to the commercial warranties that MYM may offer for certain Services, the User benefits from legal warranties as defined by Articles L.224-25-12 et seq. of the French Consumer Code and detailed below.
The User is informed of the application of Article L.224-25-12 of the French Consumer Code which provides for the delivery of goods in accordance with the contract as well as the criteria set out in Article L. 224-14. The User may report any lack of conformity existing at the time of the provision of the Service within the meaning of Article L.225-25-10 of the French Consumer Code, which appear during the period of provision of the SERVICE as provided for in the General Terms and Conditions of Use.
This warranty also applies to non-conformities resulting from the incorrect integration of the Service into the Customer's digital environment:
- when it has been carried out by MYM or under its responsibility; or
- when it has been carried out by the User, provided that it results from shortcomings in MYM'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 MYM 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 MYM 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 MYM 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.
However, MYM is not bound by any public representations referred to in 1° above if it demonstrates that: (a) it did not know them and was not legitimately able to know them; (b) at the time of the conclusion of the Contract, the public representations had been corrected in conditions comparable to the initial representations; or (c) the public representations could not have had an influence on the purchase decision.
The User may not challenge compliance by invoking a defect concerning one or more particular characteristics of the Service, of which they have been specifically informed that such characteristics deviate from the compliance criteria, to which deviation they expressly and separately consented at the time of the conclusion of the Contract. As such, the Service may experience interruptions during the period of provision of the Service in accordance with the General Terms and Conditions of Use.
Throughout the contractual duration of the provision of the Service, proof of the compliance of the Service is the responsibility of MYM.
MYM 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 MYM of the technical compatibility requirements. As such, the User must cooperate with MYM, 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 MYM 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.
MYM may refuse the compliance remediation work if it is impossible or entails disproportionate costs in particular with regard to:
- 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 MYM 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 MYM 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.
MYM 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.
MYM 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:
1° is of no use outside the context of use of the Service;
2° relates only to the Customer's activity when using the Service; or
3° has been aggregated by MYM with other data and cannot be disaggregated or can only be disaggregated with disproportionate effort.
MYM 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, MYM wants to support all Users in the best possible way in their use of the Platform.
As such, MYM wishes to inform any Creator who generates income on MYM 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:
The following fact sheets for Creators and Ambassadors are also available in French 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, MYM therefore recommends that Users contact their tax centre, social security fund or a specialist advisor.