Terms of sale
https://peachmemore.com - TERMS OF SALE - Version 1.1 - NOVEMBER 2020 IMPORTANT – PLEASE READ THE FOLLOWING DOCUMENT CAREFULLY BEFORE CREATING AN ACCOUNT OR USING THE SERVICES OF THE WEBSITE, AND KEEP A COPY THEREOF. BY CONTINUING TO BROWSE, YOU UNDERSTAND AND ACCEPT THAT BROWSING THIS SITE AND THE PRESENT TERMS & CONDITIONS OF USE ARE SUBJECT TO FRENCH LAW, AND THE JURISDICTION OF FRENCH COURTS.
PREAMBLE
The Djassa Yao company is a private limited company, whose head office is located at 80 avenue de la république 93300, Aubervilliers, France, registered with the INSEE under the number 798280657. It provides content sharing services between Models and Users through its website available at https://peachmemore.com Users may thus consult the Content published by the Models, while the Models may publish these Content via their Account, in a public or restricted manner and in connection with the use of the Services. The purpose of this document is to define the conditions of use of the Website Services by the Users. These terms and conditions are available for users and for models. The Users must, prior to registration, verify that the Services offered by Djassa Yao are suitable for him by:
ARTICLE 1. Definitions
The following terms and expressions shall, when preceded by a capital letter, for the purposes of the interpretation and execution of this Agreement, be read as follows:
| Models and Users | Refers to any adult visitor registered or not on the Website, and wishing to have access to the Services and the Contents |
| Account | Designates the space reserved for the Models and Users on the Website, created when signing up |
| General Conditions | Refers to the general conditions of use outlined herein |
| Registration | Refers to the act for a Models and Users to register in that capacity on the Website for the purpose of benefiting from the Services |
| Djassa Yao | Designates Djassa Yao company is a private limited company, whose head office is located at 80 avenue de la république 93300, Aubervilliers, France, registered with the INSEE under the number 798280657. |
| Model | Designates any natural person who has created a "Model" account on the page reserved for this purpose, and publishes Content online on this Website |
| Parties | Refers to Djassa Yao and the Models and Users |
| Services | Refers to the services offered by Djassa Yao to Users on the Website |
| Content | Refers to the photographs and videos posted on the Website by the Models |
| Website | Designates the website accessible at the following URL: https://peachmemore.com as well as all the functionalities accessible on it |
ARTICLE 2.Scope
These Terms and Conditions of the Website govern and define the terms and conditions of use of the Services offered by Djassa Yao to Users on the Website, access to the Content through the Website, and more generally any use of the Internet Site by the Models and Users. These Terms and Conditions are accessible at any time on the Website at the following address: https://peachmemore.com They are submitted to the Models and Users prior to Registration on the Website. The Models and Users are required to read the General Conditions and guarantees that they have accepted them, prior to registration, by ticking the box provided for this purpose. Failure to accept the Terms and Conditions prevents any Registration. The Parties agree that their relationship will be governed exclusively by these Terms and Conditions. Any derogation from the General Conditions can only be enforced against the Parties if it has been duly accepted and formalized in a writing signed by the latter. The fact that one of the Parties does not sanction a behavior that derogates from the General Conditions does not imply acceptance of the derogatory behavior, nor does it waive the perpetrator. These Terms and Conditions may be subject to further changes. Djassa Yao reserves the right to modify them at any time. In case of update of the General Conditions, they must be accepted again by the Models and Users prior to accessing the Services. Any modification will be directly opposable to the Models and Users as soon as it is brought to their knowledge. Any modification will be directly opposable to the Model as soon as it is brought to his knowledge. The Website is available for free on the internet and is accessible to all provided they have access to the Internet. For models and users’: The Website allows Models to monetize certain content from models and Users. The financial conditions and implementation of this monetization are governed by the provisions of the General Conditions, to the exclusion of any other contractual document, unless expressly stated. All costs related to access to the Website such as hardware, software or Internet access costs, are exclusively the responsibility of visitors to the Website who are solely responsible for the proper functioning of their equipment and their Internet access. It is their responsibility, in particular, to check the deactivation of all filters and other software that may block access to the Website, or to put them in place, if necessary, after consulting the Website for the purpose of protecting minors. In the event that one or more of the provisions hereof would be considered illegal, unenforceable or unenforceable by a court decision, the other notices will remain in force. The fact that one of the Parties does not avail itself of an undertaking by the other Party to any of the obligations referred to in the General Conditions, can not be interpreted for the future as a waiver of the obligation under cause. Access to certain Services or Content is however subject to the payment of an amount indicated on the Website. The settlement of the sums provided for in this hypothesis is subject to the provisions of these General Conditions. It is their responsibility, in particular, to check the deactivation of all filters and other software that may block access to the Website, or to put them in place, if necessary, after consulting the Website for the purpose of protecting minors. In the event that one or more of the provisions hereof would be considered illegal, unenforceable or unenforceable by a court decision, the other notices will remain in force. The fact that one of the Parties does not avail itself of an undertaking by the other Party to any of the obligations referred to in the General Conditions, can not be interpreted for the future as a waiver of the obligation under cause.
ARTICLE 3. Modality of access to the Website
3.1. Purpose of the Website
For models and Users's: The purpose of the Website is to allow the Model to share Content with Users under the conditions set out below. The purpose of the Website is to provide Services to the users as well as to allow him to access Content under the conditions set out below.
3.2. Access to the Website
Access to the Website is strictly reserved for adults. Its access is strictly forbidden to minors, as defined by the national legislation applicable to the Models and Users, or in any case, under 18 years of age. Djassa Yao encourages parents to monitor the use made of all Internet access by their children, and recommends the implementation of parental protection measures, content filters and other protection software. Djassa Yao endeavors to allow, but does not guarantee, access to the Website 24 hours a day, 7 days a week, except in case of force majeure or an event beyond its control, and subject to any possible maintenance interventions necessary for the proper functioning of the Website and / or interventions for the purpose of improving and / or modifying the Website. When technically possible, Djassa Yao will notify the Models and Users of any foreseeable interruption twenty-four hours in advance. In any case Djassa Yao can not be held responsible for interruptions of access to the Website and their consequences, whatever their extent, except gross or fraudulent breach of Djassa Yao having directly caused said interruption of access.
3.3. Security and viruses
It is up to each Models and Users and more generally to any person visiting the Website, to take all appropriate measures to protect himself against the contamination of his data, software or hardware by viruses circulating possibly through the Website or information that are published on it, and manage its data backups. The Models and Users expressly accepts and acknowledges that the use of the Website is carried out under his own supervision only, and that he is entirely responsible for any damage or damage to his computer system or to any internet access terminal and any loss of data that may result from downloading or using the Website.
3.4. Use of the Website
The Models and Users agrees to use the Website in compliance with all the stipulations herein. The Models and Users expressly agrees that use of the Website, information and tools included or accessible via the Website is under his own responsibility. The Models and Users agrees not to perform any download or operations, or to adopt any behavior of any kind on the Website which could have the effect of hindering the proper functioning, whatever way it is. In any case, the Models and Users are solely responsible for damages of any kind that may be caused by his actions on the Website. The Models and Users shall refrain from any action likely to harm the reputation of the Website, Djassa Yao, or the personality of its leaders, employees, partners, including Models registered on the Website.
3.5. Independence of the Parties
The Model understands and agrees that Djassa Yao performs only a hosting service of the Contents shared by the Model, and the provision of Services. Djassa Yao only acts as a technical intermediary between the Models and the Users within the framework of the Services, as defined and supervised by the General Conditions. The Model remains free to set its level of activity on the Website, as well as to determine the frequency and type of Shared Content, in accordance with the General Conditions, applicable laws and regulations. The Model is free to cease its activity through the Website at any time, or to contract with other partners to perform the same or similar services. Djassa Yao does not carry out any editorial control of the Contents shared by the Model, with the exception of verifications relating to the conformity of the Contents with the General Conditions, as well as to the legislation and regulations in force, relating in particular to the protection of minors. No relationship of subordination between Djassa Yao and the Model is created by the acceptance of the General Conditions, or by the use of the Services.
ARTICLE 4. Access to Services
In the context of the use of the Services, the Models and Users guarantees to provide Djassa Yao exclusively truthful information, up to date and, more generally to behave in good faith. This commitment is determinant of his right to continue the use of the Website and the Services, as well as his access to the Content, regardless of any payment that the Users could have made. The Model guarantees, in particular, that all the information communicated concerning its identity is accurate and complete. The communication of a false address, or a fictitious fiscal domicile, in particular for the purpose of avoiding the applicable VAT rates, constitutes a crime of VAT fraud, as defined in Article 1741 of the General Code of taxes, punishable by 5 years imprisonment, and a fine of 500 000 €. In addition, any attempt detected by Djassa Yao on the part of a Models and Users to evade the application of the VAT rate in force in his country of residence will lead to the closure of the Models or Users Account, to its definitive ban, in addition to possible legal proceedings to repair the damage suffered by Djassa Yao.
4.1. Services and Content accessible without registration for users
The Website allows the consultation of Content that Models have chosen to make public, even in the absence of Registration. Users can also access the Models personal profile page without registering. On this page, the Users can access the nickname, as well as public information entered by the Model. The Content made public appear on the homepage, as well as on the personal page of the Models without "blurring", and are available to all visitors to the Website. On the other hand, the Contents appearing "blurred" on the private profile page of the Model are strictly reserved for the Users who have made a Registration, and having subscribed to a paid subscription to the Model having shared the Contents.
4.2. Registration Procedure
In order to use all the Services, the Models and Users must register and create an Account. The creation of the account is free, and is made through the form available at the following address: https://peachmemore.com/, accessible from the homepage of the Website. The Models and Users then has the choice between a connection via his account FACEBOOK, or the creation of an account with Djassa Yao directly.
4.2.1. Standard registration
If they chooses the Standard Registration, the Models and Users are then asked to enter a pseudonym, which will be used to identify them, as well as an e-mail address. The Models and Users must, in addition, choose a password with a sufficient level of security and must keep it strictly secret. Models only select the “I’m a model” option. The CNIL considers that a good password must have 12 characters and 4 different types: lowercase letters, uppercase letters, numbers and special characters. This password must not disclose any information about the Models and Users and be specific to the Website and his Account. The Models and Users must then accept these Terms and Conditions. A confirmation e-mail, containing a confirmation link for the Registration, is sent to the filled-in address. By clicking on the confirmation link, the Models and Users completes his Registration on the Website.
4.3. Subscription to Models
4.3.1. Content of the subscription Following its Registration, the users may subscribe to Active Models on the Website. For this, he must click on the "Subscribe" button juxtaposed to the public photographs of the Models, or appearing on their public profile. He is then redirected to a page describing the subscription fees to this Model. Through the subscription, the Models and Users obtains access to exclusive Content, access to uncensored media (removal of "blurring" on the Content of the Model), as well as the possibility of getting closer to the Model to formulate requests for private media. Each subscription is only valid for the only Model to which the Users has subscribed. Each subscription thus gives access only to the uncensored Exclusive Content of the only Model to which the Users has subscribed, as well as the possibility of making private media requests to this single Model. The Users understands and agrees that Djassa Yao is not responsible for and has no control over the frequency, quality and quantity of content sharing by the Models, who exercise their activity independently. It is up to the Users to research each Model, in particular relating to their activity on the Website, before subscribing to any subscription. The Users may at any time suspend the renewal of his subscription, for any reason, and in particular in case of absence of activity on the part of a Model.
4.3.2. Choice of the subscription offer
In compliance with Articles L. 111-1 and L. 111-4 of the French Consumer Code, the key features and the prices of the Services provided by Djassa Yao as part of the subscription are described on the Website and are also stipulated in the Terms & Conditions. The Users may, at any time, obtain any additional information or response to their questions on the features of the Services by contacting Djassa Yao by email at the following address: [email protected]; When registering for a subscription, the Users must choose one offer:
| Country of residence | Applicable VAT |
| France | 20% |
| Belgium | 21% |
| Italy | 22% |
| Other EU countries | 20% |
| Other world countries | 0% |
4.4. Purchase
4.4.1. Online payment When the Users decides to make a payment, they must then click on “I accept the Terms & Conditions of Sale”, then they are sent to a secure payment page. They are then offered the choice of several methods of payment. If the Models and Users decides to use the debit/credit card payment module used on the Website, their payment data is directly transferred to the company EPOCH, which will take charge of the transaction. In the other cases, whatever the means of payment used, the payment will be managed by the company CCBILL. All the banking data will be processed by a secured payment module, which does not transfer any payment information to Djassa Yao. For reasons of security and confidentiality, the Users are informed that the payment may require validation via connection to third party services. The Users are informed that any fraudulent use of the ‘Dispute’ procedures on PAYPAL may lead to the termination of the Account, resulting from the sole fault of the Users, without reimbursement of the amount paid, and without prejudice to the compensation that may be requested by Djassa Yao. If the payment is accepted, the Users then obtains access to the exclusive Content published by the Model to whom they are subscribed. 4.4.2. Fraud In the case of a financial transaction flagged as potentially fraudulent by payment organizations or banking institutions, or in the case of suspicious activity on any Users’s account, Djassa Yao could label the Users Account as a “Monitored Account”. By way of derogation from the stipulations of the present Article, Djassa Yao reserves the right to withhold the amounts paid via a Monitored Account for a maximum duration not exceeding six months from the date of payment, or until the legitimate nature of the payments is established. The amounts withheld in this manner will not provide access to Content until the deadline expires, or their legitimate nature has been established. In the case where more than one third of Users subscribed to a Model are labeled as Monitored Accounts, Djassa Yao may decide to suspend the Model’s account, and may consider all amounts paid to the Model as amounts paid by Monitored Users. 4.4.3. Right of withdrawal By accessing the Content, as a result of any order on the Website, in accordance with Articles L. 221-18 et seq. of the Consumer Code, the Models and Users acknowledges that Djassa Yao has fully performed its obligations, and waives benefit of the fourteen (14) day revocation period resulting from the provisions of the Consumer Code. Indeed, access to Exclusive Content being immediate, the Users understands and agrees that the provisions of 1 ° of article L221-28 of the Consumer Code apply: "The right of withdrawal can not be exercised for the following contracts: 1 ° Provision of services fully performed before the end of the withdrawal period and whose execution has begun after express prior consent of the consumer and express waiver of his right of withdrawal".
4.6 Updating the Models and Users's account
The Registration gives the Models and Users access to the pages dedicated to him on the Website at the following address: https://www.peachmemore.com/settings. The Users may update the information of his Account whenever he wishes. He can also access his billing information, and the history of his purchases. The Models may update the information of his Account whenever he wishes. He can also access his billing information, revenues and the history of his purchases. The Models and Users undertakes, however, to maintain permanently on his Account full information and faithful to his situation, and, consequently, to modify his Account with each change of situation. 4.6.1. Customization of the Models and Users Account The Models and Users can also customize his account if he wishes: By changing his username or password; By integrating a profile picture. The Models and Users undertakes never to use any photograph likely to infringe the public order in any way whatsoever, containing naked or topless photos in particular, or infringing the rights of others, or of any illegal nature. The Models and Users Account is strictly personal, and the latter agrees to keep his password secret and not to disclose it to any third party for any reason whatsoever. In case of loss or forgotten password, the Models and Users must reset it without delay using the button "Forgotten password" and then entering the email address previously indicated and linked to his account. The Models and Users are solely responsible for the consequences of the use of their Account and recognizes that any connection or data transmission made using their Account will be deemed to have been made by them. 4.6.2. Deletion of the Models and Users Account At any time, the Models and Users may send a request to Djassa Yao to obtain the deletion of his Account. This request can be made automatically by means of the "Account deletion" section of the Models and Users's profile. This request can also be made by email to: [email protected], indicating "DELETE" in the subject line of the e-mail, and must be sent from the e-mail address associated with the Account. In the event of sending an application in the forms prescribed in this article, Djassa Yao undertakes to proceed to the deletion of the account, and all the related information within fifteen days of receipt of the e-mail. The Models and Users understands and agrees that the recourse to the deletion of the account per request sent by email necessarily entails a processing time greater than the automatic deletion by means of the form present on the profile of the Models and Users.
ARTICLE 5. General Provisions
5.1. Code of good conduct
When browsing the Website, and particularly when sending requests for private media communication, the Models and Users agrees and guarantees that he will not violate any legal or regulatory provisions, and that he will not have no behavior contrary to public order and morality and in particular:
5.2. Non-Compliance with the Terms & Conditions
In the case of non-compliance with the Terms & Conditions by any Models and Users, leading to the introduction of special procedures by Djassa Yao, the user account will be deactivated.
5.3. Intellectual property
All intellectual property rights, in particular copyrights, trademarks, image rights and related rights relating to the general structure of the Website as well as texts, logos, and any other element of the Website , belonging to Djassa Yao, its affiliates or their directors remain the exclusive property of Djassa Yao or their respective owners. Any exploitation, commercial or otherwise, including any download, copy, reproduction, distribution, transmission, distribution, adaptation, translation or representation, in whole or in part of the Website, including its general structure or logo, illustrations and Contents present on the Website, by any means and current or future process, on any current or future medium or format, without the prior written authorization of Djassa Yao or their respective owners is prohibited and is likely to give rise to legal proceedings, particularly in the case of counterfeiting. In general, any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, Content, etc. for any reason and on any medium whatsoever, without the express prior agreement of Djassa Yao or their holders is strictly prohibited. The same is true of any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. It is the same for any copyright, design, model and patent that are the property of Djassa Yao, its group companies, their directors or their partners, including Models. The databases on the Website are protected by the provisions of Articles L341-1 and following of the Code of Intellectual Property. In particular, the extraction and reuse, quantitatively or qualitatively substantial, of the content of the databases contained on the Website is prohibited. Any offender is liable to the penalties referred to in Articles L 343-1 et seq. of the Intellectual Property Code. It is strictly forbidden to use any program intended to extract the content of the Website, with the exception of the robots used by companies operating search engines. The rights of literary and artistic property pertaining to the Contents, the image rights of the Models are the property of the Models and their authors. The dissemination of the Content on the Website does not constitute an assignment or a license for the benefit of the Users, and does not grant any rights to the Users, without distinction of subscription, or sums spent. The payment of a subscription does not confer any right to the Models and Users on the Content to which access is authorized, other than the right of access and consultation of the Content as part of the navigation on the Website. It is expressly prohibited to proceed to any download, reproduction by any means, or dissemination of Content shared by the Models on the Website on any other support.
ARTICLE 6. Personal data
Djassa Yao, within the framework of the Services, is brought to collect a certain amount of personal data of the Users, necessary for the good functioning of the Website and the execution of the Services. The Models and Users acknowledges having read the personal data management charter available at the following address, and has been informed of his rights, as well as the terms of their exercise which are exposed: https://peachmemore.com/ The Models and Users acknowledges that whenever personal data concerning him has been collected, he has been informed by Djassa Yao. By creating an Account, the Models and Users agrees that the personal data that he / she communicates to Djassa Yao shall be the subject of the processing necessary for the implementation of the Services, in particular in accordance with applicable laws, regulations and other mandatory provisions. Djassa Yao does not transmit this personal data to any third party, except with the express consent of the Models and Users. The personal data collected by Djassa Yao are neither sold nor communicated to third parties except under the conditions provided for in this article. The personal data of the Models and Users will be used for purposes of commercial prospection with his explicit consent. In accordance with the law "Informatique et Liberty’s" of January 6, 1978, and Regulation (EU) 2016/679 "RGPD", the Models and Users has at any time a right of access, interrogation, modification, rectification and deletion of personal data concerning him. If the Models and Users wishes to no longer receive information by email from Djassa Yao, other than the information necessary to use the Services, he may:
ARTICLE 7. Cookies
For the proper operation of the Website, Djassa Yao may be required to place cookies in the Models and Users's browser. For statistical purposes, Djassa Yao may collect browsing information through the use of cookies. The Models and Users are free to accept or refuse cookies by configuring his browser (disabling all or some cookies - see Web browser manual or help function). Disabling cookies may result in the unavailability of certain Services on the Site. The Models and Users can, moreover, at any time delete the registration of cookies, or cookies already registered on his computer, by setting the privacy protection options of his Internet browser (for example: Tools > Clear my traces > Cookies, on Mozilla Firefox and Tools> Delete browsing history> Delete cookies, on Microsoft Internet Explorer). The CNIL website also indicates how to manage and delete cookies on its browser. These explanations are available at the following address: https://www.cnil.fr/fr/cookies-les-tils-pour-les-maitriser. The cookies, if any, have an activity duration of twelve (12) months maximum.
ARTICLE 8. Governing Law and Jurisdiction
These General Terms and Conditions are written in French and the resulting transactions are governed by and subject to French law. In the event that they are translated into one or more foreign languages, only the French text will prevail in case of dispute. In the event of a dispute, the Parties undertake, before any referral to a jurisdiction, to attempt to reach an amicable agreement. In accordance with articles of the Consumer Code L611-1 et seq. and R612-1 et seq., it is stipulated that for any dispute of a contractual nature relating to the execution of the contract of sale and / or the provision of services which could not have been to be resolved in the context of a complaint previously lodged with Djassa Yao, the Consumer may use the mediation free of charge. He will contact the National Association of Mediators (ANM):