(hereafter “the Company”), a company registered in the Paris Trade Register under no. , with head office located at
Email : [email protected]
Hos : Google Ireland Limited Gordon House, Barrow Street, Dublin 4, Ireland
These General Terms and Conditions of Sale (GTC) apply to the Company and all visitors/user of www.swame.com (hereafter the “Website”). Website access is reserved for individuals over 18 years of age. Creating an account implies the Client's full and unreserved acceptance of these GTC. The fact that the Company does not avail itself of any provision of these GTC at a given time can not be interpreted as waiving its ability to exercise any of these terms at a later date. The Company reserves the right to modify these GTC at any time, subject to providing reasonable notice.
The Website can be accessed free of charge via a compatible browser and connected to the Internet.
Adults must implement the necessary provisions to ensure that their computer/device, and especially the Website and Services can not be accessed by minors in their household or nearby.
Visitors must create an account by filling out a registration form (alias, email, password, and confirm password) and accepting these GTC to access the Website.
Each Visitor can then complete their profile by adding a photo or avatar.
This is a personal account and can not be transferred.
The User agrees to keep their password strictly confidential.
After registering on the Website, an email is sent to the address provided with a link to click on and confirm the registration.
Swamers and/or Users understand and agree that the accounts created are unique, nominative, and personal.
The accounts are unique, which means firstly that each natural person can create only one account, and that the Company may close an account, without notice, if it becomes aware that it is the account of a User who already has another account.
The accounts are nominative, which means that the natural person who created the account must be the same person who appears in the Content, and must be the recipient of amounts paid under the GTC, where applicable. Swamers and/or Users also agree that all of the information provided when creating or updating the account is complete, accurate, and belongs to the person who created the account, appears in the Content, and receives the amounts paid under the GTC.
The accounts are personal, which means that Swamers and/or Users are forbidden from allowing a third party to connect to their personal account, directly or indirectly, through their actions or by negligence.
2.2 Updating a User profile
Users can update their accounts by clicking on the “My account” button, whenever they like.
This information will be shared on their profile.
The site may also request authorization, on a case by case basis, for sharing the Content of a Swamer and/or User: the Swamer and/or User may decide to refuse to share their Content on the Website at any time.
In this case, only Users who access their account through a direct link can access Content shared by the Swamer.
The Website is a social network for adults that can be used to:
(hereafter the “Service(s)”)
The Service also enables some Users to monetize some of their own Content or events (see Article 5).
The Website offers Users the opportunity to follow other Users for free (public Content only) or “subscribe” to the profiles of other Users.
There are two distinct subscription types:
The Swamer agrees that Content communicated to their fans will not be distributed publicly for free by them, by any means whatsoever, or on any media. The Swamer agrees to only make private Content available to the Fan User through the Website.
Users can acquire Points directly by clicking on the “Buy points” icon, or each time they request paid Content.
Points are paid for in accordance with the procedure described in Article 8 of this document.
Any User can choose to use their Points to offer gifts to another user by clicking on the “Offer a gift” tab.
There are two types of gifts:
Once the gift is selected, the User will be provided with the option to provide a personalized message with the gift (optional). They can also choose to offer this gift under their alias, visible to the User concerned or to all other Users, or to offer their gift anonymously.
Once the User has clicked on the “approved” button, if they have enough Points, their account will be debited by the number of Points needed to buy the gift. If their balance is insufficient, the User will be provided with the option to credit their account with the number of Points required.
Physical gifts offered are shipped by the Company to the User to whom they were offered.
Gifts distributed by our suppliers will be sent directly to the Swamer by our suppliers (ex: Wonderbox).
Users likely to receive gifts can make a “gift list” from a list pre-prepared by the Website by going to the “My Account” section, then “My wish list.” Next, click on “All products” and select the desired gifts.
Users who already have a Fan, and want to become a Swamer should go to the “My account” section, and then “premium zone.”
They will then be asked to provide the Website with:
The User must then accept the Website's GTC and click on the “register” button.
Once their request is approved by the Company, the User concerned will enjoy the status of Swamer and be able to monetize their Content.
The Website will make every effort to reply as soon as possible to the Swamer concerning their request to be added to the Swamer service.
The Company reserves the right to refuse if it receives photomontages or other Content that it deems not in compliance with this document.
Once the Company approves their profile, the Swamer can decide whether their Content will be visible to all Users or just their Fans.
In the latter case, all of their publications in “private” status will be blurred and the Content will only be visible to their Fans.
The most popular Swamers can have their account certified by the Website, which is indicated by the presence of a logo next to the Swamer's alias. | To do this, they agree to participate on a regular basis and share their profile on other social networks frequently to build their communities.
A Swamer can sponsor another User who would like to become a Swamer, and receive 10% of the revenue from the user they are sponsoring. The Company reserves the right not to apply this percentage in case of discovery of fraud or the existence of a double account.
Swamers with income greater than €2999/year (or 350 euros per month for 3 consecutive months) or who have over 19 transactions per year are considered to be professionals. Under these circumstances, the provisions of Article 8.2.2 and 8.4.1 must be respected.
Only Swamers can monetize their Content and all Content from Swamers can be monetized.
Their Content through:
It should be noted that the subscription price is set by the Swamer. This price is in euros, including taxes.
Swamers may offer private shows if they wish.
All private shows can be accessed from the “private show” tab. The User can select the Swamer of their choice and reserve a show.
When a User clicks on “reserve a show,” they are sent a schedule with the Swamer's availabilities.
They can then choose a date and time, according to the time slots offered. The User can then choose the length of the show and click on “Schedule meeting.” The rates for shows, displayed in Points, varies depending on the Swamer selected as well as the show's duration. No reserved shows can be cancelled less than one hour before the start of the show.
Any show billed, but not performed because of the User will be charged. Any show not performed because of the Swamer can be (i) rescheduled or (ii) fully refunded.
The User can provide their phone number to be notified 15 minutes before the show starts.
5.3 The live stream
5.3.1 A Swamer may choose to broadcast his live webcam and monetize this live broadcast as Content.
The Swamer will be able to announce his live beforehand in his Flow and to specify the number of corresponding Points if it is a paying live.
The Users understand and accept that the Swamer determines alone the price of his live.
The Swamer can choose several options of remuneration:
The Swamer may also encourage Users to send Tips and accept certain challenges in exchange for Tips.
5.3.2 The Users can access the live by going to the Swamer's profile and by paying the necessary number of points if the live is paying.
During the live, Users can:
Tips are deducted from the User's available points.
The Swamer is free to refuse any challenge.
5.3.3 Users and Swamers shall refrain from proposing/suggesting/imposing challenges or practices involving any kind of penetration and self-penetration in any way whatsoever.
The User agrees to use the Services in compliance with the laws and regulations applicable in France and in the country from which he or she access the Website.
Posting of the following Content or broadcasting images is prohibited:
Swamers and/or Users agree not to:
Any violation of the provisions of this article may result in suspension, or deletion of the Swamer and/or User account, depending on the severity of the violations, and the Site's discretion.
In the event of severe or repeated violations of the rules regarding Content, the Site may end the contractual relationship joining the Swamer and/or the User, at their sole fault.
Any violation of the legal provisions or mandatory regulations, specifically related to the protecting of minors or identity theft, may be reported to the competent authorities.
The Website enables the exchange of Content and organization of events under the sole liability of the Users. It is specified that the Website is merely a platform hosting this Content and the Website is subject to the reduced liability of hosting companies within the meaning of the Loi pour la Confiance dans l'Economie Numérique (French Law on Confidence in the Digital Economy).
The Company does not provide any instructions to the Users with regard to Content or events and is not responsible for editorial content.
In the event of an issue with Content, a comment, or an event, the User concerned must first contact the User who posted the Content or organized the event to resolve the issue.
Notification of illicit Content should be sent to the following address [email protected]
The User must specify:
|The price for a subscription or private or premium Content displayed on the Site at the time the User selects it.
The User can buy points using the STRACEO platform which offers (i) to create an electronic walled or (ii) classic payment through bank card.
Swamers receive the amounts paid by the other Users in the following manner:
The Site deducts the amount due to the Swamer, a flat rate withheld for the expenses incurred by the Website to run the services, including fees withheld by online payment solutions (hereafter “the Fees”).
The calculation basis (hereafter “Calculation Basis”) is used as the basis for the calculation to divide the amounts between the Website and the Swamer equaling the amount paid by the User including taxes.
The Website agrees to pay the Swamer an amount corresponding to the Calculation Basis, decreased by the Fees and its commission for paid Content. The Company agrees to do its best to ensure the Swamer receives about 80% of the amount paid by the Users, excluding taxes.
This page indicates confirmed earnings, meaning those earnings that can be immediately paid to the Swamer by the Website, from:
It also shows pending earnings, meaning those for which payment has not yet been requested.
The Swamer may only make one payment request at a time, at least seven days apart, and for a minimum amount of €100, including taxes. | They will receive a bank transfer (if their banking information is shown in their account) within 7 days after the Website receives the request for bank accounts located in the SEPA area. It may take longer in other countries and other legal alternative payment methods may be offered.
An invoice will be issued showing the Fees and Website commission for each payment request made by the Swamer.
In the event of a financial transaction reported as potentially fraudulent by payment organizations or banking institutions, or suspicious activity in any User's account, the Website reserves the right to temporarily or permanently deactivate the status of the Swamer, so they can no longer benefit from the Website's Services.
They will be notified and will be able provide their comments.
Swamers are informed that all paid Content made available via the Website is likely to be taxable.
The Website recommends that the Swamer contact the competent tax authorities in their country of residence to determine the plan that applies to their business. The Swamer relieves and warrants the Website against all damages on these grounds.
A monthly summary detailing the source of the Swamer's earnings is sent to them by the Site each month. And an annual summary is sent at the end of each calendar year.
8.5. Closing an account
The User who no longer wishes his profile to appear on the Site can close his account by deleting it from his personal space.
The Swamer who does not wish his profile to appear on the Site can ask to close his account from his personal space.
The closing of the account of a Swammer involves the repayment of the available sums.
In this respect, the terms of articles 8.1 to 8.4 apply.
If the amount to be paid back is less than 100 euros including VAT, account management fees, usually offered, may apply to the Swamer.
The Website pays particular attention to establishing a trusting environment between Swamers and Users.
Consequently, the Users are bound by particularly strict commitments concerning respecting the Swamers, their privacy, and their rights, and vice-versa.
The Website encourages reporting of any abusive behavior against Swamers by Users or other Swamers.
This kind of behavior will lead to immediate suspension of the offending account, without prejudice to any damages that may be claimed in court by the Swamer or the Website, where applicable.
The Website agrees to work with the Swamer and/or User as part of any legal action resulting from this type of behavior.
The Swamer and/or User agree to report any violations of the provisions of this article observed to the Website.
The Company does not guarantee that the information shown is detailed, complete, verified or accurate.
No information, oral or written, obtained by the User as part of using the Website can create any guarantees not expressly set forth by a written agreement.
To this end, the Company can not be held liable for material or bodily damages of any type which may be a result of:
The User may not seek to hold the Company liable for lost profits or loss of opportunity.
In any event, the Company's liability shall not be invoked if a force majeure event occurs within the meaning of Article 1218 of the French Civil Code. This specifically includes: natural catastrophes, fires, strikes, breakdowns, epidemics, shortages, war, power failures, telecommunications failures, loss of internet connectivity due to public or private operators.
THE COMPANY, WHICH IS NOT A TECHNICAL PROVIDER, DOES NOT ACT AS AN INTERMEDIARY FOR ANY MEETINGS OUTSIDE ITS SITE. OUTSIDE ITS ONLINE SERVICES, THE COMPANY ACCEPTS NO RESPONSIBILITY FOR INAPPROPRIATE BEHAVIOR.
THE COMPANY STRICTLY FORBIDS ANY PAID OR NONCONSENSUAL ACTIVITIES AND CAN NOT BE HELD RESPONSIBLE FOR BREACH OF THIS PROHIBITION.
YOU REMAIN SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OUTSIDE THE PHYSICAL WORLD.
The structure, organization, tools used for the design, development, and operation of the Website, as well as the databases, brands, and logos, are the exclusive property of the Company and receive the protection of the intellectual property law, and specifically copyright and trademark law.
Full or partial reproduction or extraction of the Website, databases, features, source code, visuals, texts, brands, or any of the Website's elements, on any media whatsoever or for whatever reason, without the Company's prior written agreement is strictly forbidden. Failing which, the User concerned will be subject to civil and criminal legal proceedings from the Company.
Intellectual property of published Content belongs to the user who published it.
Content shared by Swamers and/or Users is and remains the exclusive property of their account owner.
The Swamer grants the Website a non-exclusive license to share this Content on the Website and, if this option is selected, through partner sites.
They hereby guarantee they own all rights, or have all of the necessary authorizations to accept the GTC.
The Swamer and/or User warrants the Website against all appeals, claims, demands, actions, or convictions that would be pronounced against it as a remedy by the owner of intellectual or industrial property rights, or image rights for shared Content, or a portion of the Content such as audiovisual, graphics, digital, textual, or audio data.
The Swamer and/or User agree to take care of all costs of proceedings, damages, and financial penalties against the Website as part of any dispute tied to the distribution on the Website of Content shared by the Swamer.
The Swamer and/or User acknowledge that the guarantee given has no expiration date.
The license granted concerns copyright, protecting the Content where applicable, as well as the image rights of the Swamer and/or User, who understands and accepts that the Content will be distributed on a worldwide internet network under the conditions set by these GTCs.
The Website agrees to make its best efforts to protect the rights of Swamers and/or Users, and to respect their privacy.
In this context, the Website agrees to ban any Swamer and/or User who contravenes current legislation or these GTCs.
The Website also agrees to work in good faith with any Swamer and/or User who would like to exercise their legal rights against a Swamer and/or Users on the basis of violating the privacy of the Swamer and/or User, or violating the intellectual property rights of the Swamer (specifically image rights) by providing the necessary information available to them.
The Company has enacted all of the security measures in accordance with the state of the art and regulations.
The User must also implement technical measures to secure their internet access against attacks and viruses.
Through its Website, the Company is responsible for processing personal data concerning you.
Personal data is understood to be all information that corresponds to an identified or identifiable natural person. An “identifiable natural person” is considered to be a person who can be identified, directly or indirectly, particularly by reference to an identifier, such as a name, alias, address, image, or one or more specific elements tied to his or her physical, physiological, genetic, psychological, economic, cultural, or social identity.
Photos, videos, and comments are also considered to be personal data.
Data will be processed in accordance with the modified French Data Protection Act and the General Data Protection Regulation (GDPR).
Data is processed for the purpose of managing your profile, providing Services, and Website maintenance.
The Company may also send you email to promote its Services.
The legal basis for processing is based on the Company's legitimate interest as well as fulfilling the agreement to provide Services.
The Company is the sole recipient of your data.
The Company does not transfer your data outside the country. Nevertheless, in computer terms, some data may be hosted or accessible outside the European Union. Where applicable, the Company agrees to verify that the data are stored in a country recognized as suitable by the European Commission or that the typical contractual clauses adopted by the European Commission are signed.
Personal data regarding Users are kept as long as they have a presence on the platform or until the person deletes the data from their profile themselves. Commercial data (such as transactions) will be kept for 5 additional years and the email address for 3 years to keep the User informed of Site news.
The data of Users without subscriptions or payments made will be kept for 3 years from the most recent contact or the person's last transaction.
Each user may update or delete their data directly from their account at any time by connecting to their profile.
Pursuant to the French Data Protection Act and GDPR, Users also have the right to access, modify, object to commercial prospecting and, for legitimate reasons, to limit processing of their data. They also have the right to data portability, to make directives concerning the release of data in the event of their death and the right to withdraw their consent. Write to [email protected] to do this
You may be able to appeal to the CNIL (French Data Protection Authority).
All clauses in these GTCs, as well as all financial transactions referred to in it, will be subject to French law and interpreted under it.
Before any judicial remedy, the User can make a friendly request concerning the implementation of this document by contacting the company at [email protected]
Failing to reach an amicable agreement, any dispute arising from the conclusion, execution, interpretation or cessation of this document will be submitted to the competent jurisdiction pursuant to the provisions of the French Code of Civil Procedure.
Updated on May 12, 2021