Legal information

GENERAL TERMS AND CONDITIONS OF SALE 

(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 to 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. 

 

Definitions: 

 

  • Fan: means a User who has subscribed to the profile of a Swamer. 
  • Flow: means the social network's news feed. This news feed will display the latest publications from Users that you subscribe to, as well as publications from other Users suggested to you by the Website. 
  • Lounge: means the virtual space where any User can participate in a live chat or live cam. 
  • User: means any type of Website User: visitors, contributors, Swamers or Fans. 
  • Swamer: means a User who requests this title in accordance with Article 4 of this document, and who is likely to monetize their Content. 
  • Points: Means the valuation and payment method for paid Content. Points can be acquired through the STRACEO platform. https://straceo.com/support/terms-of- service/ 

 

Article 1 - Access to the Website 

 

 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. 

 

Article 2 - Account Management 

 

2.1 Nominative, non-transferable account 

Swamers and/or Users understand and agree that the accounts created are unique, nominative, and personal. 

The accounts are unique, which means that each natural person can create only one 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.

 

Article 3 - Description of Services and Subscriptions

 

3.1 Services 

The Website is a social network for adults that can be used to: 

  • Post photos, messages, and videos (hereafter, the “Content”); 
  • View content, with the understanding that some Content may not be free; 
  • Buy Points; 
  • Offer gifts; 
  • Organize or participate in events (such as a live discussion session, or cocktail hour); 
  • Participate in cam chats (hereafter, the “Lounge”); 
  • Organize or participate in a private show. 

(hereafter the “Service(s)”) 

The Service also enables some Users to monetize some of their own Content or events (see Article 5). 

3.2. Subscriptions

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: 

  • Paid subscriptions that provide the User with access to all Website pages as well as the Lounge; 
  • An Swamer subscription provides unlimited access to the Swamer's private content “without blurring,” as well as premium content if they wish. Otherwise, content that the Swamer decides not to include in their private flow will need to be purchased per unit. Note that only the Swamer can decide on the subscription price for their profile. 

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. 

3.3 Acquiring Points 

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.

3.4 Gifts 

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:

  • virtual; 
  • physical.

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. 

 

Article 4 - How to Become a Swamer

 

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: 

  • A scan or photograph of their ID; 
  • A photograph of the User holding their ID and a card with “Swame,” their alias, and the current date written on it. 

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. 

It 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. 

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. 

 

Article 5 - Monetization of Content

 

Only Swamers can monetize their Content and all Content from Swamers can be monetized.

5.1 Swamers can: 

  • Post Content on the Flow publicly (free); 
  • Post Content on the Flow privately; 
  • Post Content in premium mode; 
  • Offer private shows; 
  • Offer gifts from other Users. Swamers can offer 

Their Content through:

  • a monthly subscription; 
  • a unit price (Premium content) 

It should be noted that the subscription price is set by the Swamer. This price is in euros, including taxes.

5.2 Private Shows

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.

 

Article 6 - User Commitments Regarding Content 

 

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 is prohibited: 

  • Any Content which violates the current laws (child pornography, rape, bestiality); 
  • Promotes terrorism, racism, anti-Semitism or drug use; 
  • Depicts people who have not signed an authorization for the use of their image, or non-consenting individuals; 
  • Constitutes infringement; 
  • Constitutes defamation, an insult, or more broadly, any hateful Content; 
  • Constitutes acts of harassment; 
  • Involves assuming the identity of a third party. 

Swamers and/or Users agree not to:

  • share Content that shows a natural person who is a minor, as defined by applicable legislation, or, who is less than 18 years old at the time the Content is produced, under any circumstances; 
  • offer money in exchange for sexual relations; 
  • offer paid relations or any other service involving prostitution or procuring. 

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 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.

 

Article 7 - Classification


 

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:

  • Their first and last names, profession, home address, nationality, date and place of birth; 
  • the description of the facts in the dispute and their specific location (URL); 
  • the reasons for which the content must be withdrawn, including reference to the legal provisions and supporting evidence; 
  • the copy of the correspondence sent to the author or publisher of the disputed information or activity requesting its suspension, removal, or modification, or evidence that the author or publisher could not be contacted. 

 

Article 8 - Payment

 

|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. 

8.1 Applicable Payment Rate

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.

8.2. Availability of Earnings

8.2.1 The total amount owed by the Site to the Swamer is displayed on the following page: https:// swame.com/premium/dashboard/.

This page indicates confirmed earnings, meaning those earnings that can be immediately paid to the Swamer by the Website, from: 

  • subscriptions to the Swamer profile, 
  • private shows, 
  • the Swamer providing premium Content that was bought and paid for by the User, after validation by the Straceo platform. 

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 thirty days apart, and for a minimum amount of €50, 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.

8.2.2 It is clearly understood that the Website does not provide a technical solution to its Users for marketing their Content and personal Services.

8.3 Fraud

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.

8.4 Fiscal Provisions

8.4.1 Swamers are responsible for completing all fiscal, administrative, and regulatory processes required for them to conducted business on the Website. 

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. 

8.4.2 The French General Tax Code makes platforms such as the Website responsible for providing information to the Tax Authorities on the most active internet users who generate a total of €3000 or 20 transactions per year. 

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.

 

Article 9 - Ethics

 

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.

 

Article 10 - Liability

 

10.1 The Company shall not be held liable for defects in the communication methods used by the User or due to inaccurate or incomplete information provided by the User.

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: 

  • wrongful use of Services; 
  • any external cause. 

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. 

10.2 THE COMPANY MAY NOT BE HELD RESPONSIBLE IF THE USERS DECIDE TO MEET IN THE PHYSICAL WORLD. 

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.

 

Article 11 - Intellectual and Industrial Property

 

11.1. The Company's intellectual property

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. 

11.2 Intellectual property of the Contents

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.

 

Article 12 - Security 

 

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. 

 

Article 13 - Processing Personal Data

 

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).

 

Article 14 - Applicable Law and Assigning Jurisdiction 

 

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. 












 

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