Version 1.1 - Last updated on 17/11/2024
1.1 These Conditions are intended to define the terms and conditions under which PornoLula provides the Client with the Services referred to on the pornolula.com website. The General Conditions of Use (hereinafter "GCU") are stipulated between pornolula.com (hereinafter "PornoLula"), and any natural or legal person under private or public law (hereinafter "Client"), who uses the File Transfer Service.
1.2 Terms that begin with a capital letter have the meaning defined in this Contract or, in its absence, by the definition provided in the PornoLula Lexicon available on the PornoLula Site.
1.3 The use of the PornoLula Service implies acceptance of the appendix relating to the processing of PornoLula data ("DPA") available on the PornoLula Site. This document constitutes, together with the GGC, a contract (hereinafter the "Contract").
1.4 PornoLula reserves the right to modify these GCU and the appendices of this Agreement at any time.
1.5 This Agreement has probative value between PornoLula and the Client. The translations on the PornoLula Site are indicative only, only the interpretation of the English version will be valid in the event of a dispute.
2.1 PornoLula provides the Client with a digital infrastructure for file sharing for which:
2.2 Once the availability period has expired, the files will be permanently deleted from PornoLula servers.
3.1 PornoLula guarantees the Client that all data transmitted by and through PornoLula will be treated with the care and diligence necessary to provide and maintain a quality service in accordance with the practices of the profession.
3.2 PornoLula undertakes not to make any derivative use or trade of the files downloaded and exchanged between the Client and the people who receive the download link.
3.3 PornoLula undertakes not to make any derivative or commercial use of the email addresses entrusted to PornoLula and to use them for the sole purpose of sharing the download link in accordance with the Client's wishes.
3.4 For this free service provided by PornoLula, PornoLula's liability may not exceed the amount of $100.
3.5 PornoLula may limit access to the service if the stability and security of operation, maintenance of network integrity, in particular the prevention of serious disruptions to the network, software or stored data require such action.
3.6 PornoLula is not obliged to control or monitor the use of the Service by the customer to ensure its legality. However, all uploaded files are scanned with open source antivirus software to prevent the circulation of malicious files. To this end, and in the event that a malicious file is detected, its transmission will not be permitted by PornoLula.
3.7 PornoLula is authorized to use or disclose the Content (including personal information) under this contract when the situation requires it to safeguard its own interests or those of third parties.
4.1 The Client must have the power, authority and capacity to enter into and perform the obligations set forth in this Agreement.
4.2 When the Client uses the Services on behalf of a third party, he/she represents and guarantees to PornoLula that he/she has the necessary power and capacity to represent and bind the third party to the conditions established in the Agreement.
4.3 The Client is entirely responsible for the files transferred through the PornoLula product. In this regard, the Client represents and guarantees that he/she is authorized to use all the material, content, data and information transmitted to PornoLula in the context of using the Service. The Client retains ownership of the content he/she uploads to the Service.
4.4 The Client may only upload files that belong to him/her or, in the event that the files are not his/hers or over which he/she does not have ownership rights, if he/she is explicitly authorized to do so.
4.5 The Client is responsible for all claims arising from a breach of the contractual conditions by third parties and must fully indemnify PornoLula for all claims arising from the use of the Service by third parties.
4.6 The Client will not attempt to obtain unauthorized access to any Service or Content or associated systems or networks and also undertakes not to obtain or attempt to obtain documents or information by means not intentionally made available by PornoLula.
4.7 Any use of the Service in violation of this Agreement by the Client, which may threaten the security, integrity or availability of our services, may result in the immediate suspension of the Service.
4.8 This includes, but is not limited to, the commission of a crime (fraud, cybercrime, money laundering, violation of business secrets, falsification of documents, violence and threats against authorities and officials, unauthorized gambling, dissemination of child pornography, etc.), participation in a criminal act (collaboration, instigation, aiding and abetting), distribution or provision of content contrary to criminal or civil law (representations of violence, incitement to disturb public peace, violation of freedom of religion and culture, racial discrimination, defamation, slander, violation of privacy, etc.) will result in the immediate termination of the Contract, or the blocking and/or destruction of the sharing link, without prejudice to any damages that may be claimed by the Client. Furthermore, PornoLula may notify all competent public authorities of any violation, if it deems it necessary.
4.9 As a condition of the Client's access to and use of PornoLula's Services, the Client undertakes to defend, indemnify and hold PornoLula harmless, as well as all persons involved in the provision of the Service, against all complaints, demands, liabilities, costs and/or expenses arising from an illegal use of the Service or its contents. In the event of a complaint, the Client has the right to demonstrate to PornoLula that the exemption requests have not occurred to the extent required and/or that the Client is not responsible.
4.10 It is the Client's sole responsibility to know with whom to share their download links. The person who receives a download link from the Client can freely access the download of the files. It is therefore up to the Client to pay attention to this point, especially with regard to the consequences that file sharing may have for the Client.
4.11 The Customer will respect PornoLula's proprietary rights in the Site and the software used to provide the Service (proprietary rights include, but are not limited to, patents, trademarks, service marks, trade secrets, copyrights and other intellectual property rights).
5.1 For more details, the Client is invited to consult the Privacy Policy on the PornoLula website.
6.1 By accepting this contract, the Client acknowledges that any exchange of information, any notification or formal communication, provided for in the Contract, between the parties must be made by email. The following methods of communication will also be considered valid:
To the Client: by registered letter with acknowledgement of receipt using the contact details;
To PornoLula: by email to support [@] pornolula.com;
7.1 In the event that a third party sends PornoLula a complaint regarding the use of the Service by the Client, PornoLula will send, as soon as possible and to the extent possible, a warning email to the Client and will send a copy of the complaint sent by the third party.
7.2 In addition, PornoLula will have the right to transmit the data it has to the third party who is considered to be harmed, to the extent that the information requested is intended to facilitate legal action to assert its rights.
7.3 PornoLula also reserves the right to invoice the Client for all intervention costs resulting from the Client's actions and which would have led, but not limited to, to a complaint or the initiation of proceedings against PornoLula.
8.1 For the purposes of this Agreement, the parties agree that writing in electronic form is accepted as evidence in the same way as writing on paper. It is agreed that data from the computer system of PornoLula or its subcontractors, such as connection logs, incident management reports or others, are fully opposable to the Client and admissible, even in the context of legal proceedings. Exchanges by email will be considered as received or sent by PornoLula's SMTP servers. The date and time of PornoLula's email servers will be authentic between the Parties.
9.1 PornoLula and the Client will try to amicably resolve any dispute relating to the interpretation or execution of this agreement. Any complaint must be addressed in accordance with the article "Communications between the Parties". Once all amicable remedies have been exhausted, the Client has the right to bring an action against PornoLula before the courts.
9.2 In accordance with the provisions of this Agreement, in the event of a dispute or pre-litigation relating to a Service between the Client and a third party, it is expressly agreed between PornoLula and the Client that the latter will remain solely responsible for resolving such dispute.
9.3 No clause in the Agreement shall be interpreted as having the effect of limiting PornoLula's liability in the event of fraud or gross negligence.
10.1 Force majeure means an unforeseeable and/or unavoidable event beyond the control of PornoLula.
10. 2 PornoLula will not be held liable if the performance of the Agreement, or any obligation incumbent on PornoLula under this Agreement, is prevented, limited or disturbed due to, but not limited to, fire, explosion, failure of transmission networks, interruption of public services or telecommunications, collapse of facilities, epidemic, pandemic, natural disaster, earthquake, flood, power failure, war, embargo, law, injunction, request or demand of any government, strike, boycott, withdrawal of authorization of the telecommunications operator or any other circumstance beyond the reasonable control of PornoLula.
10. 3 PornoLula, upon timely notification to the Customer, shall be released from the performance of its obligations to the extent of such impediment, limitation or interruption, and the Customer shall likewise be released from the performance of its obligations to the extent that the obligations of such party relate to the performance so impeded, limited or interrupted, provided that the party so affected uses its best efforts to avoid or remedy such causes of non-performance and that both parties proceed promptly once such causes have ceased or removed.
10.4 The Party affected by a force majeure event shall keep the other Party regularly informed of the expected elimination or restoration of such force majeure event.
11.1 If any of the provisions of the Contract are declared illegal, void or inapplicable, such nullity will not affect the other clauses which will retain their full effect and scope. In such case, PornoLula undertakes to replace the invalid or inapplicable clause with a valid clause that corresponds as closely as possible to the spirit and purpose of the clause, so as to preserve the common intention of the parties.
12.1 The customer undertakes to comply with the laws of his country and international laws in force.
12.2 PornoLula undertakes to comply with the rulings of the authorities of the OECD member countries.
12.3 Any dispute relating to this contract, its conclusion, its execution, its interpretation, in the absence of an amicable solution, is subject to European law.
