GENERAL TERMS AND CONDITIONS OF USE

v. June 2024

The Website is published by Mobile Content Factory (hereinafter referred to as « MCF ») whose contact details appear in the « Legal Notices » menu. Access to the services offered on the website accessible https://www.playvod-lby.com on the mobile Internet (hereinafter referred to as the « Website ») implies unreserved acceptance of these provisions (hereinafter referred to as the « GTC »).

All of MCF’s commitments in terms of the protection of personal data, the rights you have in this respect and the conditions under which your personal data is collected, processed, stored and archived are available on the Site or by clicking here.

The T&Cs are drawn up in English and Arabic and available online from the Site. MCF reserves the right to modify its T&Cs.

Article 0 – Definitions

Subscription:     means the subscription to the Service for a weekly or monthly period (depending on the offer subscribed to), tacitly renewable for periods of the same duration, taking effect from the day of subscription by the User and giving unlimited access to SVOD Content.

CG :                            means these terms and conditions of sale for the Service.

Content(s) :       means videos on demand (films, series, cinematographic and audiovisual works available in the SVOD Catalogue), articles, news, and television channels offered to Users on the Service. Videos on demand are intended to be viewed in streaming from their fixed and mobile Terminal as part of the Service on their Terminal.

SVOD (Subscription Video-On-Demand) Catalogue: refers to the provision of Content to the User, as part of their Subscription, when requested and at the time they choose, through electronic communications and telecommunications networks for viewing on any receiving device, for a performance within the framework of the « family circle » only.

Service:          means the offer of Content offered by MCF to Users accessible on the Site as part of the subscription to a Subscription.

Site:           means the https://www.playvod-lby.com the application and/or promotional web pages (« landing page ») published by MCF on which the Content is offered.

Promotional medium(s ): refers to the media on which MCF promotes its Service. These may include newsletters, websites, web pages, mobile banners.

Terminal:         means Fixed Terminals and Mobile Terminals.

Terminal fixe:            means any fixed terminal, present or future, connected to a radio telecommunications network, including in particular any computer (in particular PC, MAC type), compatible connected TVs allowing access to the Service.

Terminal mobile:       means any mobile terminal, present or future, connected to a radio telecommunications network, including in particular any compatible smartphone, connected tablet allowing access to the Service.

User(s) :                    means the person(s) who have subscribed to the Service.

Article 1 – Purpose

The T&Cs determine the conditions under which the Services presented on the Site are offered to any User. As part of the Subscription to the Service, as defined in Article 3 of these T&Cs, the Service offered on the Site allows Users to have unlimited and streaming access to Content for fixed and mobile terminals.

Article 2 – Essential characteristics and access to the Service

MCF may update the number and nature of the Content offered as part of the Service at its sole discretion.

The User who wishes to subscribe to the Service must either click on an advertising banner in order to be redirected to a landing page; or go to the Application and click on the Content they wish to view.

In the event that the User is connected to 3G, 4G, 5G, he is redirected directly to the payment page of his Operator without having to enter his telephone number, which has been automatically recognized by his Operator. He must then validate his Subscription by clicking on « confirm » or any equivalent term. He then receives SMS sent by his Operator and MCF confirming his Subscription and indicating his identifier.

In the event that the User is connected to WIFI, he is recognized and redirected to the payment page of his internet service provider without having to enter his login details. They must then validate their Subscription by clicking on « confirm ». Once their Subscription has been validated, they are asked to indicate their email address allowing them to access the subscribed offer.  He is then offered to send him his identifiers by email or SMS.

In the event that the User is not recognized by his Operator in accordance with the paths mentioned above, he must then follow the instructions mentioned on the Site and/or on the Landing Page and enter his telephone number.

In the event that the User is not recognized on the solutions presented above, he must then follow the instructions mentioned on the application and/or the Landing Page and in particular enter his credit card details.

Once their Subscription request has been confirmed, the User will have direct access to the Content via their account and will be able to view the Content according to the type of Content concerned by the subscribed offer.

Access to the Content is carried out electronically via the Internet or on the networks of the Telecommunications Operators.

In the event of failure to receive the service, MCF cannot be held liable under any circumstances if these conditions have not been respected, as it does not control either the Internet network or the User’s computer and telephone installation. It is the User’s responsibility to check the Content upon receipt.

Access to and use of the Service requires the use of equipment, such as computers or mobile terminals, means of communication (such as Internet access), software. This equipment is the exclusive responsibility of the Users, as well as the communication costs incurred by their use.

Any use of the Service by the User from his place of work by means of a professional terminal must be made with the authorization of his employer or hierarchical superior.

The User must be of legal age to access the Service. MCF cannot be held responsible for the use of the Service by Users who have violated this rule. Consequently, minors must obtain the permission of their parents (or persons with parental authority over the minor), before ordering the Content presented on this Site.

Article 3 – Price and terms of payment for the Services in the context of the subscription of a Subscription

3.1. Prices

The rates applicable to the Service are presented on the Site and are accessible in the « Pricing Conditions » menu. They are expressed with all taxes included (TTC). Any change in the applicable legal VAT rate will be automatically reflected in the price of the Service on the date provided for by the regulations.

The price indicated does not include any additional cost related to the data consumption generated by browsing the Site, invoiced by the Operator.

3.2. Modification of the price and subscriptions

We reserve the right to change the prices applicable to Subscriptions. In such a case, MCF shall inform the User at least thirty (30) days before the effective date of any change in the pricing of your Subscription. If the User does not wish to accept the change in the Subscription price, he may terminate his Subscription before the price changes take effect as specified in Article 6 of these GTCS. Termination is effective only at the end of the current billing period

3.3. Payment methods

The Subscription continues until terminated. To use the Service, the User must have access to the Internet and provide one or more means of payment. A « Payment Method » means a current, valid, accepted payment method, which may be updated from time to time and may include payment through a third-party account. Payment for the Subscription is made by debit from the invoice of the User’s telecommunications operator or by credit card for a Subscription taken out via the payment solution. In the absence of termination before the invoice date, the User authorises MCF to invoice the subscription fees for the next billing cycle via the payment method used.

3.4. Proof of Transactions

Electronic records maintained by MCF will constitute valid evidence relating to the existence of (i) communications between the Parties and any use of the Services in connection with a Subscription made on or through the Site. Similarly, the data recorded by the payment system used and chosen by the User (banking or payment institution or other), constitute proof of all financial transactions between the User, MCF and the institution concerned.

For more information, the User is invited to refer to the provisions relating to this subject from the « Pricing conditions » menu.

3.5. Withdrawal period

In accordance with Article L.221-18 of the Consumer Code, we inform the User Customer that he has a period of fourteen (14) clear days from the acceptance and subscription to the Service to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception, if applicable, of the return costs.

The period of fourteen (14) days runs from the day of conclusion of the contract.

To exercise their right of withdrawal, the User must notify us of their decision by means of an unambiguous statement to be sent to us as soon as possible by:

• Email  : support-ly@my-subscriptions-ly.com

Or by

• Mail to be sent to the following address (does not require a cancellation):

Customer Service Libre Response 94119 – 13629 Aix en Provence cedex 1

The User must specify in their request the following elements in order to allow it to be processed:

– the User’s full contact details (surname, first name, postal address, email);

– the name of the service concerned;

– the subject of the request;

– the User’s telephone number and/or email address as provided at the time of subscription;

– the method of payment used;

– a bank account statement.

An acknowledgement of receipt is sent to him by email when we become aware of his request for withdrawal.

In the event of withdrawal by the User from this contract, we will refund all payments received from the User no later than fourteen days from the day on which the Company is informed of its decision to withdraw from this contract.

Article 4 – Conditions of consultation of the Content

The Service is available in France. In the context of the use of the Service, the User undertakes to respect the rights of third parties, to comply with the provisions of the GTC and the laws in force. In particular, the User undertakes:

• provide true, accurate, current and complete information about the employee;
• not to use the Service for professional or commercial or non-private purposes;
• not contravene any civil or criminal rules;
• not to disseminate information or content that may cause the Service to malfunction, such as software, viruses, logic bombs, etc.

4.1. Period of validity of access to the consultation of the list of Content in the context of the Subscription

The Subscription allows the User to have unlimited access to the Content (excluding the TVOD Catalogue) on all media and/or to download one or more Content(s) via the Application.

The Service is composed of Content selected at the discretion of MCF, which may update at its sole discretion the composition in number and type of Content offered on the Service and in the SVOD Catalogs and TVOD Catalogs.

4.2. Duration of the Subscription

Depending on the User’s choice at the time of subscription, the Subscription is concluded for weekly or monthly periods and is tacitly renewable for subsequent periods of one week, one month, (depending on the initial duration of the Subscription subscribed) until terminated by the User under the conditions mentioned in Article 5.5 hereof.

Section 5 – DGR Liability

5.1 Use of the Site

In the context of the provision of the Service, MCF is subject to an obligation of means. MCF makes no warranties, express or implied, and assumes no liability for the use of the Site.

The Site may contain images and links to websites maintained by third parties (« Third-Party Sites »). MCF has no control over Third-Party Sites and assumes no responsibility for their content, nor in particular for the content of links presented in Third-Party Sites, or for any modifications or updates made to a Third-Party Site. MCF is not responsible for webcasting or any other form of transmission received from any Third-Party Site, or even for the malfunction of the Third-Party Site(s). These links are provided by MCF for convenience only, and the inclusion of any link does not imply endorsement by MCF of the content of such sites or imply any association between MCF and the operators of such sites. It is the responsibility of Users to consult any privacy policy posted on Third-Party Sites, as well as their terms of use, and to comply with them.

5.2 Use of the Services

MCF cannot be held liable in the event of an act of, or the responsibility of, the User, an event resulting from a third party or force majeure. In particular, the following are considered to be cases of force majeure: exceptional bad weather, natural disasters, fires, floods, lightning, electronic surges, attacks, strikes, failures of network and payment operators, computer viruses, and any event of force majeure or fortuitous event within the meaning of Article 1148 of the Civil Code.

MCF implements the means necessary for the provision of its Service. It cannot be held responsible for any technical problem independent of its Service, electronic communications problems due to the User’s internet service provider, the mobile operator and the User’s terminal or computer, for any technical reason, such as curative or preventive maintenance, interruption or degradation of networks, or affecting the availability of the Service. In addition, MCF cannot be held liable in any case where updates are necessary for the proper functioning of the Site, in the event of delays in the sending and/or receipt of messages exchanged between Users within the framework of the Services. MCF reserves the right to temporarily suspend access to the Services for maintenance and repair work on the Site.

5.3 Information and content provided by Users

The consequences of the disclosure of the information and content provided by the User are the sole responsibility of the User concerned. In addition, he waives any recourse against MCF, in particular on the basis of the possible infringement of his right to his image, his honour, his reputation, the intimacy of his private life, resulting from the dissemination or disclosure of information concerning him under the conditions provided for herein, in particular by the article « Right of access and protection of personal data »,    insofar as the User has previously, freely and explicitly consented to such disclosure by virtue of his registration with the Service and in application of these Terms of Use.

MCF cannot be held responsible for (and the consequences of) the accuracy or inaccuracy of the information and content provided by the Users.

ARTICLE 6 – Responsibility of the User

The User undertakes, during the subscription procedure, to indicate complete data that is in line with reality.

The User is informed that in the event of a choice, incorrect or omitted information on his part or non-compliance with the procedure for subscribing to the Subscription, the price of the Service will be debited, even if the User’s e-mail address has not been duly entered or is inaccurate or if the User’s Terminal cannot read the chosen Content or not download the Content or Leisure Content.

The User is solely responsible for the use he makes of his mobile telephone line of which he is the owner and for his access to the Internet network. Consequently, any subscription to the Service made through its mobile telephone line and/or Internet access and/or mobile Internet is deemed to have been made by the User exclusively.

The User is authorised to subscribe to the Service and to view the Content in streaming on the Android Applications, IOS and the Fixed Terminals or as a download on the Android Applications and on the Fixed Terminals via the PlayVOD Software for his personal use only. In particular, the User is prohibited from using the Service for professional, commercial or promotional purposes.

The User is also prohibited from:

• assign, transmit, transfer reproductions of the Content or Leisure Content, assign, offer, make available, rent the Content(s) or Leisure Content(s), by any means whatsoever;
• publish, online or offline, or distribute any image, sound, file, graphic, animation or any other element of any Content or any Entertainment Content,
• use the Service in a manner that may directly or indirectly infringe the intellectual property rights of MCF or a third party, including violating or transgressing honour, personal or family privacy, the image of others or morality,
• extract, by permanent or temporary transfer, all or a quantitatively or qualitatively substantial part of a Content or Leisure Content or the database composing the Service on another medium, by any means and in any form whatsoever, as well as the reuse by communication to the public of all or a quantitatively or qualitatively substantial part of the Content or Leisure Content,    whatever form it takes,
• attempt to perform any of these acts.

Article 7 – Term and Termination

The subscription to the Subscription is concluded for a fixed period which begins on the day on which the User subscribes to his Subscription on the Site and ends on the end date of the subscribed tariff offer in accordance with the provisions of the « Pricing Conditions » menu and the subscribed offer. The Subscription will automatically renew at the end of the initial billing period, for a period equivalent to the period originally purchased, unless the Subscription is terminated in accordance with the termination terms specified below.

The User may terminate his/her Subscription at any time and will continue to have access to the service until the end of the billing period. Payments are non-refundable and MCF does not provide refunds or credits for periods of partial use, or for any unused content. To cancel their Subscription, the User must access the « Account » page and follow the instructions. If they cancel their Subscription, their account will be automatically closed at the end of the current billing period.

Article 8 – Intellectual property rights

The trademarks, figurative or not (hereinafter together « the trademarks ») displayed on this Site or in any newsletter are trademarks, registered or not, belonging to MCF and third parties. The mention of trademarks on this Site does not in any way, implicit or explicit, constitute a grant of the right to use, a license or an authorization of any kind relating to the said trademarks without the written consent of MCF or the third party concerned. Any use, not explicitly authorised by the owners, of the trademarks mentioned on the Website and in its contents, other than that granted hereunder, is strictly prohibited.

In addition, the User acknowledges that the Service (including in particular the user interface, editorial content as well as the scripts and software used to implement the Service) contains protected information and elements belonging to MCF and/or its licensors and which are protected by laws relating to intellectual property, including in particular copyright. Similarly, and more generally, all content, such as logos, graphics, photographs, animations, texts contained on the Site and in the Services (such as the Content) are the intellectual property of MCF or its partners and may not be reproduced, used or represented without the express authorization of MCF or its partners,    under penalty of legal proceedings.

The rights of use granted by MCF to the User are reserved for private and personal use within the framework of and for the duration of their use of the Services. Any other use by the User is prohibited without the authorization of MCF.

In particular, the User shall refrain from modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing in any way whatsoever the Services, the pages of the Site, or the computer codes of the elements making up the Services and the Site.

Article 9 – Cookies  

The User is invited to refer to the cookie policy accessible on the Site.

Article 10 – Complaints

Any complaint sent by the User to MCF may only relate to the 12 (twelve) months preceding the date of receipt of the said complaint. It must be made in writing and sent either by post to the address Customer Service – Libre Réponse 94119 – 13 629 Aix en Provence 1 – France (the sending of the letter does not require a cancellation) or by email to: support-ly@my-subscriptions-ly.com. MCF will not be required to consider requests made to it through other channels. To be admissible, any application must include at least the following elements:

– the User’s full contact details (surname, first name, postal address, email);

– the name of the service concerned;

– the subject of the request;

– the User’s telephone number as provided at the time of subscription;

– the method of payment used;

– in the case of Internet+ Mobile or SMS+ invoicing, the mobile phone number;

– a copy of the detailed invoice from the payment operator;

– a bank account statement.

Article 11 – Agreement between the Parties

The GTC constitute a contract governing the relationship between MCF and the User. They supersede all prior provisions and express all rights and obligations of the User and MCF hereunder.

The failure of one of the parties to invoke a breach by the other party of any of the obligations referred to herein shall not be construed in the future as a waiver of the obligation in question.

If one or more provisions of the GTC are held to be invalid or declared invalid pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

Article 12 – Disputes

These T&Cs are subject to French law.

In the event of a dispute (for which only the French courts will have jurisdiction), the User will first contact MCF to obtain an amicable solution.

In accordance with the provisions of the Consumer Code concerning « the mediation process for consumer disputes », the User has the right to use the mediation service offered by MCF free of charge. The « consumer law » mediator thus proposed is SAS MEDIATION SOLUTION.

After prior written contact by the Users with MCF, this mediation mechanism can be contacted for any consumer dispute whose settlement has not been reached by:

–          The site: https://www.sasmediationsolution-conso.fr

– Electronically: contact@sasmediationsolution-conso.fr

– or by post: MEDIATION SOLUTION – 222, chemin de la bergerie 01800 SAINT JEAN DE NIOST

In the event of a dispute relating to the interpretation, execution and/or validity of these T&Cs and in the absence of an amicable settlement, the statutory rules of jurisdiction shall apply.

Article 13 – General

The parties agree that their relationship will be governed exclusively by these T&Cs.

Appendix I: Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract)

— Attn: Service Client MCF Libre Réponse 94119 – 13629 Aix-en-Provence:

— I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below

— Ordered on (*)/received on (*)

— the name of the department concerned

— User’s first and last name

— User’s postal address and email address

— the telephone number and/or email address of the User as provided at the time of subscription

— the method of payment used

— a bank account statement.

— Signature of the User (only in the event of notification of this form on paper to be sent to the following address: Service Client Libre Réponse 94119 – 13629 Aix en Provence cedex 1 (does not require cancellation)

— Date(*) Delete the unnecessary entry.