Conditions of use

The User commits himself to read attentively before any order, terms and etablished conditions in the present General Selling Conditions.
To order on the Service means the User has perused, read, understood and accepted unreservedly the content of the General Selling Conditions.
In the same way, the User understands and accepts that the content of the present site and the offered service has an erotic and/or pornographic nature and that it is composed of texts, sounds and pictures (fixed or animated). The User commits himself not to permit the access to the Service to any minor or any person that could be shocked or offended.

1 - General points

The present agreement is established between the Marc Dorcel Company and the User of the present service.

The subject of this Service is, in return for payment, the access for the User to the programmes of Dorcel Catalogue in the form of "video on demand" on line.

The contents, texts, sounds, videos and pictures of the Service, are the direct or indirect intellectual property right of Marc Dorcel Company.
The User has on the content a temporary and non exclusive right of utilisation for his own and personal needs. In any case, the consulted content can be passed on, duplicated or given up free of charge or paying to any one on pain of penalties and damages.

The contents of the Service have an erotic and/or pornographic nature, made of texts, sounds, videos and pictures and can offend or undermine the sensitivity of a young audience. Consequently, the present content of the Service is exclusively intended for persons of majority age, in their country of residence and anxious to such services. This Service as the contractual relations between the User and the Marc Dorcel Company are governed according to established conditions in the present General Selling Conditions.

The present General Selling Conditions may undergo modifications without notice or communication from Marc Dorcel Company. The modification or cancellation of one or several measures in the present General Selling Conditions do not cancel, in any case or distort the rest of the agreement or the trading relation with the User.

2 - Order/Payment

The User authorizes Marc Dorcel Company to debit his credit card of amounts corresponding to his orders of programmes on the Service.

In order to assure an optimal discretion for the User; the debits will be done on the User's bank account on the appellation " Service on line ".
The debit will be done on the User's credit card in the 7 days following the payment.

The Service is the subject of a security system and encryption of data along the order and payment phase by the User. The Marc Dorcel Company has adopted a payment module based on a SSL encryption system in order to protect in the most efficient way the banking data linked to the means of payment for the orders done by the User on the Service.

The amounts matching to the orders done on the Service will be debited in euros. The reference tariff base is the price mentioned in euros within the Service for each suggested programme. All those prices are Inclusive of taxes. The amounts in French Francs are given for information only.

The Marc Dorcel Company reserves the right to change its prices at any moment, on the agreement that the User's orders will be invoiced on the base of current tariffs at the time of his order entering. The respective costs of the different available programmes on the Service are told on the Service itself and for the choice made by the User on the secured payment form. The User admits besides that the connection charges depend on him.

For each order of a movie or pack of movies are included 3 reports (value of 5.97 E).

Invoicing

Express conventional between the User and the Marc Dorcel Company, the data registered on the computer systems of Marc Dorcel Company or its computer providers constitute the proof of the whole transactions done between the User and Marc Dorcel Company. The data registered by the payment system constitutes the proof of financial transactions.

Retracting time

Placing his order, which permits him to access immediately to the Service, the customer admits and accepts that the retracting time within the 7 fixing days as soon as the delivery of the service/product is done expected in mail-order selling can not be trained in accordance with measures in the point L 121-16 and according to the Consummation Code.

3 - Personal Informations

The personal informations given by the User through the Service are intended for Marc Dorcel Company.

s The Marc Dorcel Company commits itself not to divulge or to pass on those informations about the User at a third. Those informations are kept and used by Marc Dorcel Company in a strictly confidential capacity. Those informations are only used internally in Marc Dorcel Company, as well as internally in technical providers companies which assure the supply of the Service, in the only objective to treat your order or to give you informations, with the exclusion of any other utilisation.

All the personal informations gotten on the Site are treated in accordance with the law n°78-17 du 6 janvier 1978 called " Computer law, files and liberties ". Consequently the User has rights of access, correction, opposition or cancellation of his personal data.

MARC DORCEL SA guarantees that your personal date will remain confidential. These informations will be used only by MARC DORCEL SA to create, manage your account and customize your services and send you information about the services and your orders. According to the law 'Informatique et Libertés' from the 6th of January 1978 modified 2004, you can ask to check, modify and delete these informations from our database by writing to : dorcelvision@dorcel.com.

4 - Royalties and Protected works

All the programmes, texts, sounds, videos, pictures, logos, brands (figurative or calling), interfaces, screens, present on the Service are protected by the French law relating to Intellectual Property Rights and the International Convention on Copyrights.

Reproduction, disclosure, using, modification or any other form of exploitation not allowed or/and illicit, in a direct or indirect way, on any similar or different medium of elements listed above will involve legal and penal actions from Marc Dorcel company, from the incumbents of exclusive rights given up to Marc Dorcel Company, or from a third concerned against the offenders.

5 - Responsability

Marc Dorcel Company does not provide an access service to network. This service must has been or be taken out independently of the one offered by Marc Dorcel Company. Consequently Marc Dorcel Company can not be held responsible, in any case, for the bad functioning for the insufficient service provided for access to network and / or communication with the Service. Marc Dorcel company does not provide technical aid relating to functioning of the Service or the softwares necessary for navigation on network. The User admits that he commits himself to access to the Service using a software of navigation on Internet up to date like Microsoft Internet Explorer for example. If the User doesn't make use of this type of software , he can load one freely on the web site of the publisher mentioned above. The User admits that he uses to access to the Service a personal equipped with Windows XP or Vista, from player Windows Media Player 10 at least, from navigator Internet Explorer 6 and that he access Internet through a connection called " high-speed "(minimum 500 kbs).

Given the intangible nature of the Service offered by Marc Dorcel Company, its technical characteristics and taking into account the fact that data transmission on the network which group together heterogeneous network with various characteristics and technical capacities only permit a relative technical reliability. The User of the Service expressly admits that he could meet with problems and /or bad functioning, in communication with the Service, and this instead of the quality of the broadcasting observed during BANDE PASSANTE suggested within the Service. Consequently, the User admits that Marc Dorcel Company does not offer any guaranty as for utilisation, results, liability or current events of The Service. The User admits taking into account of the nature of the Service that Marc Dorcel Company may be lead to change without notice the content of the Site, adding or cancelling parts of the content of the Service. The User gives up the idea to be against the payment of his orders within the Service for the reasons told above. Marc Dorcel Company reserves the right to refuse the access to it Service without justification. Marc Dorcel Company can not be charged in case of cookies erasing making the viewing of movies possible.

6 - Applicable law/Disputes

The present agreement is subjected to French law. In the case of a dispute, exclusive competence is attributed to competent Courts of Paris. If any of the present measures, of the present General Selling Conditions should be declared inapplicable or invalid for any reason, this invalidity or inapplicability will not affect the implementation or validity of others measures.

7 - Contact

All the questions regarding the present General Selling Conditions must be addressed by electronic mail to: dorcelvision@dorcel.com

LEGAL COMMENT

Editor :

Marc Dorcel S.A.
Limited company with a capital of 150 000 €
RCS : Paris 316 388 305
Registered Office : 25 rue Plumet 75015 Paris - France
Telephone : 01 45 67 93 20
Director of Publication : Gregory Dorcel


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