GENERAL TERMS AND CONDITIONS OF SALE AND USE
ERICVIDEOS.COM
Version effective as of August 2026
PREAMBLE
These General Terms and Conditions of Sale and Use, hereinafter referred to as the “Terms and Conditions”, govern access to and use of the website www.ericvideos.com, hereinafter referred to as the “Site”, as well as the paid offers providing access to the audiovisual content available on the Site.
The Site is published and operated by EMBV MEDIA, a French single-member limited liability company (EURL), whose registered office is located at 40 rue des Blancs-Manteaux, Paris 4th arrondissement, France, registered with the Paris Trade and Companies Register under number 523 760 585, hereinafter referred to as “Ericvideos”.
Full legal information concerning EMBV MEDIA and the hosting of the Site is available in the “Legal Notice” section of the Site.
The Site provides sexually explicit audiovisual content intended exclusively for adults.
Access to the Site and its content is strictly prohibited to persons under the age of 18.
Use of the Site and purchase of a Membership are subject to acceptance of these Terms and Conditions as set out below.
ARTICLE 1 — DEFINITIONS
For the purposes of these Terms and Conditions:
Ericvideos: means EMBV MEDIA acting as the publisher and operator of the Site and the Service.
Site: means the website www.ericvideos.com.
Service: means all features enabling, in particular, the creation of an account, purchase of a Membership and access to content available on the Site.
User: means any person using the Site, whether or not that person has a Membership.
Member or Customer: means any User who has created a personal account on the Site.
Program or Content: means any audiovisual content, video, image, photograph, text, sound or other material accessible on the Site.
Streaming: means the process by which audiovisual content is viewed remotely as it is transmitted, without providing the User with a permanent copy of the corresponding file.
Membership: means the right to access the catalog for the duration corresponding to the offer purchased, whether the offer consists of a one-time payment or a recurring Membership.
Ticket: means a prepaid credit historically sold by Ericvideos that enabled individual access to a Program for a specified period of time. Tickets are no longer sold, but remaining ticket balances held by certain Members may continue to be used under the conditions set forth in these Terms and Conditions.
ARTICLE 2 — PURPOSE AND SCOPE
Ericvideos provides its Members with a video-on-demand service enabling Programs available on the Site to be viewed by streaming.
These Terms and Conditions define the conditions governing access to and use of the Service and the respective rights and obligations of Ericvideos and Users.
The Terms and Conditions applicable to an order are those made available to and accepted by the Customer at the time the Membership is purchased.
ARTICLE 3 — AGE REQUIREMENT AND CONDITIONS OF ACCESS
The Site contains sexually explicit content intended exclusively for adults.
By accessing the Site, the User represents and warrants that they:
- are at least 18 years old;
- have reached any higher legal age required by the laws applicable in their place of residence to access such content;
- have the legal capacity required to enter into a contract;
- are legally permitted to view the content offered from their place of residence or connection.
The User agrees not to allow any minor to access the Site or Programs through their account, login credentials or devices.
Ericvideos may implement reasonable age-verification measures where required by applicable law.
ARTICLE 4 — ACCOUNT CREATION AND SECURITY
Access to paid content requires the creation of a personal account.
The Member must provide, in particular, a valid email address and create or use login credentials enabling access to their account.
The Member is responsible for the accuracy of the information provided.
Login credentials are personal and confidential.
The Member must take all reasonable precautions to preserve their confidentiality and must notify Ericvideos as soon as reasonably possible if they become aware of or suspect any unauthorized use of their account.
The Member is responsible for use of their account to the extent permitted by applicable law.
Ericvideos may temporarily secure or suspend an account where there are reasonable grounds to suspect that the account has been compromised, used fraudulently or accessed without authorization.
ARTICLE 5 — CHARACTERISTICS OF THE SERVICE
The Service provided by Ericvideos is exclusively a streaming service. Programs are not available for download and no video file is provided to the Customer. A Membership grants only a right to view content online during its period of validity.
During the period corresponding to the Membership purchased, Memberships provide streaming access to the entire catalog available to Members on Ericvideos, 24 hours a day, 7 days a week, subject in particular to maintenance operations, technical incidents and the other circumstances provided for in these Terms and Conditions.
Purchasing a Membership grants only a right of access to the Service for the period purchased. It does not constitute the purchase of audiovisual files or the transfer of any intellectual property rights in the Programs.
ARTICLE 6 — MEMBERSHIP OFFERS AND PRICES
The Membership offers currently available, their prices, duration, payment terms and whether or not they are recurring are clearly indicated on the Site before the order is placed.
As of the date of these Terms and Conditions, the principal offers are as follows.
6.1 — 1-Month Non-Recurring Membership
The 1-month Membership is offered at a price of €29.99 including VAT.
It provides access to the Service for one month from activation.
The full amount is charged in a single payment.
The Membership is non-recurring and ends automatically at the expiration of the purchased period.
6.2 — Recurring Monthly Membership
The recurring monthly Membership is offered at a price of €19.99 including VAT per month.
It automatically recurs for successive monthly periods and a payment of €19.99 is charged at each recurrence until the Membership is canceled.
This offer is intended for Customers wishing to purchase a recurring Membership and maintain access over multiple monthly periods.
Cancellation conditions are specified in Article 11.
6.3 — 4-Month Membership
The 4-month Membership is offered at a total price of €59.90 including VAT, payable in a single payment.
It provides access to the Service for four months and is non-recurring.
Where a monthly equivalent is displayed, such as “€14.98/month”, this information is provided solely to enable the Customer to assess the equivalent monthly cost of the offer.
It does not constitute monthly billing.
6.4 — Long-Term Membership — 12 Months + 1 Free Month
Ericvideos offers, in particular, a 12-month Membership including one additional free month, providing a total of 13 months of access for €129.90 including VAT, payable in a single payment.
This Membership is non-recurring.
Any indication such as “€9.99/month” represents an equivalent monthly cost. The amount actually charged is the total price of €129.90 displayed before purchase.
6.5 — Promotional Membership Offers
Ericvideos may occasionally offer promotional Memberships, including offers providing additional free months.
For example, a promotion may provide access to the Service for 18 months for €129.90 including VAT, corresponding to the price of 12 months with 6 additional months free.
In this example, any indication of an equivalent price of €7.22 per month is provided solely for information and represents the equivalent monthly cost: €129.90 is charged in a single payment.
The characteristics and price displayed at the time of purchase determine the Membership actually purchased.
Unless expressly stated otherwise before purchase, a promotional Membership paid for in a single payment is non-recurring.
6.6 — Changes to Prices
Ericvideos may change its offers and prices at any time for new purchases.
A price change does not retroactively affect a period that has already been paid for.
For an existing recurring Membership, any price change will be implemented in accordance with applicable notification requirements and Customer rights.
ARTICLE 7 — LEGACY TICKETS
Ericvideos historically sold prepaid credits known as “tickets”.
These tickets enabled individual Programs to be unlocked.
Tickets are no longer sold.
Members who still have tickets purchased previously may nevertheless continue to use them for as long as the ticket system remains available, subject to availability of the Program concerned.
Unless otherwise indicated to the Member, unlocking a Program using tickets enables it to be viewed for two hours from the time of activation, with no limit on the number of times it may be viewed during that period.
Tickets remaining in an account may not be resold, transferred to another person or converted into cash, except where otherwise required by mandatory law.
ARTICLE 8 — INFORMATION BEFORE PURCHASING A MEMBERSHIP
Before purchasing a paid offer, the User is invited to review the information, descriptions, images, trailers, previews, or free content available on the Site in order to understand the nature of the content offered and the characteristics of the Service.
Access to the Service requires a sufficiently fast Internet connection, as well as a compatible and up-to-date device, operating system, and browser.
Trailers, previews, or free content may use technologies or technical infrastructures different from those used to stream the full Programs. Therefore, their proper functioning on the User’s device does not constitute a guarantee of technical compatibility with the Service as a whole.
In case of doubt or technical difficulty before purchasing a Membership, the User is invited to contact Ericvideos before completing the purchase.
ARTICLE 9 — PAYMENT
The applicable prices are those displayed at the time of purchase.
Before confirming the order, the Customer is informed of the total amount that will actually be charged, the duration of access and whether the Membership is recurring or non-recurring.
Payments are processed by the payment service provider Epoch, which offers various payment methods that may include major payment cards and PayPal, depending on availability.
Available payment methods may change.
The Customer warrants that they are authorized to use the selected payment method.
Ericvideos may suspend or decline to activate an order in the event of a declined payment, canceled payment, payment incident or reasonable indication of fraud.
Complete payment-card information collected directly by the payment service provider is processed in accordance with the rules and security measures applicable to that provider.
ARTICLE 10 — ORDER AND ACTIVATION OF THE SERVICE
Before placing an order, the Customer is provided in a clear and readable manner with the essential characteristics of the Membership, its total price, duration and, where applicable, its recurring nature.
Confirmation of the order creates an obligation to pay.
Once payment has been successfully completed, access corresponding to the purchased Membership is normally activated immediately.
Confirmation of the order and the required contractual information is provided to the Customer on a durable medium in accordance with applicable law.
ARTICLE 11 — RECURRENCE AND CANCELLATION
11.1 — Non-Recurring Memberships
The 1-month, 4-month and long-term Memberships, as well as promotional Memberships paid for in a single payment, automatically end upon expiration of the purchased period.
No cancellation is required because these Memberships are non-recurring.
11.2 — Recurring Monthly Membership
The €19.99 monthly Membership automatically recurs for successive one-month periods until canceled.
The Customer may cancel the recurring Membership through their Customer account using the functionality provided for this purpose.
Cancellation may be requested at any time.
Cancellation prevents the charge for the next recurring period but does not terminate the period that has already been paid for.
The Customer therefore retains access until the end of the current paid monthly period.
Cancellation does not, in itself, entitle the Customer to a refund for a period already paid for, subject to any mandatory consumer rights.
Ericvideos confirms that the cancellation has been processed and its effects in accordance with applicable law.
ARTICLE 12 — RIGHT OF WITHDRAWAL — GENERAL PRINCIPLES
Where a statutory right of withdrawal or cancellation applies to the contract, the Customer benefits from that right in accordance with the mandatorily applicable legislation.
For consumers subject to French law, the general rule for distance contracts is a fourteen (14)-day right of withdrawal, subject in particular to the exceptions applicable to digital content.
Because Ericvideos provides immediately accessible digital content without a tangible medium, a Customer wishing to purchase a Membership requests, when placing the order, that supply of the digital content begin immediately, before expiration of the withdrawal period, and acknowledges that they will lose their right of withdrawal once supply begins, in accordance with the conditions prescribed by law.
This consent and acknowledgment are obtained during the ordering process before the Customer proceeds to the payment platform.
ARTICLE 13 — IMMEDIATE ACCESS TO DIGITAL CONTENT AND LOSS OF THE RIGHT OF WITHDRAWAL
For consumers subject to French law, pursuant in particular to Article L.221-28 of the French Consumer Code, the right of withdrawal may no longer be exercised in relation to digital content not supplied on a tangible medium where performance has begun before expiration of the withdrawal period and the applicable statutory requirements have been satisfied.
When placing the order, the Customer expressly requests immediate access to the videos without waiting for expiration of the fourteen (14)-day withdrawal period and acknowledges that, once supply of the digital content begins, this right may no longer be exercised.
Proceeding to the payment process is conditional upon the Customer providing this consent under the conditions presented during the ordering process.
Where these conditions have been satisfied and supply of the digital content has begun, the Customer may no longer exercise the corresponding right of withdrawal.
Where the statutory requirements for loss of the right of withdrawal have not been satisfied, the Customer’s statutory rights remain applicable.
ARTICLE 14 — UNITED KINGDOM CONSUMERS
Where a consumer residing in the United Kingdom is mandatorily protected by UK consumer protection legislation, those rights are preserved.
In particular, cancellation rights relating to the immediate supply of digital content are exercised in accordance with applicable UK law.
Where UK law permits the cancellation right to end following commencement of the immediate supply of digital content after the consumer has expressly consented and acknowledged the loss of that right, Ericvideos may obtain the corresponding consents during the ordering process.
Nothing in these Terms and Conditions is intended to remove any mandatory right granted to a consumer under UK legislation applicable to their contract.
ARTICLE 15 — EXERCISE OF A RIGHT OF WITHDRAWAL WHERE IT REMAINS APPLICABLE
Under the legislation applicable to distance contracts, a consumer Customer is, in principle, entitled to a statutory fourteen (14)-day withdrawal period.
However, pursuant to Article L.221-28 of the French Consumer Code, this right may no longer be exercised in relation to digital content not supplied on a tangible medium where performance has begun before expiration of the withdrawal period, following the Customer’s express consent to immediate performance and acknowledgment of the loss of their right of withdrawal, under the conditions prescribed by law.
When placing the order, the Customer expressly requests immediate activation of their Membership and acknowledges that, once supply of the digital content begins, they will no longer be able to exercise their right of withdrawal.
Activation of the Membership and immediate availability of the catalog constitute commencement of the supply of digital content. The fact that the Customer has not actually viewed any Program after activation of the Membership does not, in itself, restore a right of withdrawal that has validly ended.
Where, in a particular situation, a right of withdrawal legally remains applicable, the Customer may submit their request to Ericvideos Customer Service through the “Contact” section available on the Site.
Nothing in this Article is intended to deprive the Customer of any mandatory right to which they may be entitled under applicable law.
ARTICLE 16 — REFUND POLICY
Subject to mandatory rights provided by applicable law, purchase of a period of access does not provide the Customer with a general contractual right to a refund after activation of the Service.
The following circumstances, in particular, do not in themselves constitute grounds for a refund:
- a change of mind;
- having selected a Membership, duration or offer different from the one intended, provided that the characteristics of the offer, its duration and the total amount payable were clearly indicated before the order was confirmed;
- a decision to stop using the Service;
- failure to use all or part of the purchased access period;
- using the Service less than the Customer originally intended;
- the absence or presence of categories, models, performers, practices or styles that do not correspond to the Customer’s personal preferences;
- the fact that, after viewing, Programs do not correspond to the Customer’s personal or subjective tastes, preferences or expectations, where the Customer had the opportunity before purchasing a Membership to review the information, images, descriptions and previews available on the Site in order to assess the nature of the content offered;
- a decision to stop using the Service before expiration of a Membership paid for in a single payment;
- failure to cancel a recurring Membership before its renewal, provided that the recurring nature of the offer, its price and its renewal terms were clearly indicated when the Membership was purchased;
- having assumed that the Programs could be downloaded or stored on the Customer’s device, where the Service is clearly presented as a streaming service without downloading;
Cancellation of a recurring Membership and a refund of a period already paid for are two separate matters.
Cancellation prevents future recurring charges; it does not automatically create a right to a refund for a period already paid for.
Nothing in these provisions limits any refund, price reduction or other remedy to which the consumer may be legally entitled under mandatory law.
ARTICLE 17 — CATALOG AND CHANGES TO CONTENT
A Membership provides access to the catalog available on Ericvideos during its period of validity.
The catalog is inherently subject to change.
Ericvideos may add, replace or remove Programs, including for editorial, contractual, legal or technical reasons or for reasons relating to exploitation rights.
Purchasing a Membership constitutes the purchase of a right to access the Service and the catalog available through it; it does not constitute the individual and permanent purchase of each Program included in the catalog at the time the Membership is purchased.
The removal or addition of individual Programs therefore does not automatically constitute a defect in the Service, subject to the essential characteristics expressly promised to the Customer and any mandatory rights provided by applicable law.
Ericvideos plans to publish one new Program each week. However, this publication schedule may exceptionally be delayed or interrupted during a given week, including due to production, editorial, technical or organizational constraints, or circumstances reasonably beyond Ericvideos’ control. Such an occasional interruption, where publications subsequently resume as normal and the Service and catalog remain accessible, does not, in itself, constitute grounds for a refund of the Membership, subject to any mandatory consumer rights.
ARTICLE 18 — LEGAL GUARANTEE OF CONFORMITY FOR THE DIGITAL SERVICE
The consumer benefits from the legal guarantee of conformity applicable to digital content and digital services under the conditions provided for by the French Consumer Code.
For Memberships offered by Ericvideos, the Service is provided continuously for the period corresponding to the offer purchased. The legal guarantee of conformity applies throughout this period of supply, including in particular:
- one month for the non-recurring 1-month Membership;
- each monthly period of supply for the recurring monthly Membership, for as long as it remains in effect;
- four months for the 4-month Membership;
- thirteen months for the 12-month + 1 free month offer;
- the total duration indicated at the time of purchase for any other offer or promotional offer, including any free periods.
During the applicable period, the consumer is required to establish only the existence of the lack of conformity and not the date on which it arose.
The legal guarantee of conformity includes the obligation to provide any updates necessary to maintain the conformity of the Service throughout the applicable period of supply.
In the event of a lack of conformity, the consumer is entitled to have the Service brought into conformity free of charge, without undue delay and without significant inconvenience.
The consumer may obtain a price reduction or terminate the contract in the circumstances provided for by law, including where bringing the Service into conformity is impossible, where conformity is not restored under the conditions required by law, where the lack of conformity persists despite an unsuccessful attempt to bring the Service into conformity, or where the lack of conformity is sufficiently serious to justify an immediate remedy.
Where the lack of conformity is minor, the consumer is entitled to terminate the contract only in the circumstances provided for by law.
Any period during which the Service is unavailable for the purpose of bringing it into conformity suspends the remaining guarantee period until the Service is once again in conformity.
These rights arise in particular from Articles L.224-25-1 through L.224-25-31 of the French Consumer Code.
Difficulties arising exclusively from the Customer’s Internet connection, local network, hardware, software, or configuration do not, in themselves, constitute a lack of conformity attributable to Ericvideos where the Service operates normally on compatible equipment.
ARTICLE 19 — EXTENSION IN THE EVENT OF SERVICE UNAVAILABILITY
In the event of prolonged unavailability of the Service directly attributable to Ericvideos, a Customer with an active Membership during the affected period may contact Customer Service to request an extension of their Membership corresponding to the period during which they were actually unable to access the Service.
The purpose of such an extension is to restore the period of access lost as a result of the Service being unavailable.
It does not apply where inability to access the Service results from the Customer’s equipment, Internet connection, Internet service provider, configuration or any other circumstance specific to the Customer.
This measure applies without prejudice to any mandatory statutory rights available to the consumer.
ARTICLE 20 — CUSTOMER INTERNET CONNECTION, HARDWARE AND SOFTWARE
Access to the Service requires a sufficiently capable Internet connection and compatible equipment.
The Customer is responsible for their Internet access, local network, equipment, operating system, browser and software.
Any associated costs remain the Customer’s responsibility.
Ericvideos cannot be held responsible for an access problem caused exclusively by:
- failure or insufficient performance of the Customer’s Internet connection;
- the Customer’s Internet service provider;
- the Customer’s Wi-Fi or local network;
- defective or incompatible equipment;
- a particular configuration;
- third-party software or browser extensions;
- an obsolete or incompatible operating system or browser;
- security software installed on the Customer’s equipment that prevents normal operation of the Service.
The Customer is responsible for taking reasonable measures to protect their equipment against viruses, malware and other cybersecurity threats.
ARTICLE 21 — PERSONAL USE OF ACCOUNT AND CONFIDENTIALITY OF LOGIN CREDENTIALS
The account and right of access to the Service are personal.
Unless a feature is expressly provided by Ericvideos for this purpose, the Customer may not voluntarily share their login credentials with third parties to enable them to use the Customer’s Membership.
The following are prohibited in particular:
- selling, renting or otherwise making an account available to another person;
- organized sharing of login credentials between multiple persons;
- collective use of an individual Membership;
- publishing or distributing login credentials;
- any method intended to circumvent normal access restrictions applicable to the Service.
Connection activity that is clearly inconsistent with personal use may result in security or verification measures.
ARTICLE 22 — ABNORMAL USE, AUTOMATION AND CATALOG SCRAPING
The Service is intended for normal personal consumption of content by an individual.
It is prohibited to use or attempt to use any software, robot, script, scraper, crawler, automated tool or other process intended, in particular, to extract, record, index, copy or automatically browse all or part of the catalog.
Any viewing activity that is manifestly abnormally intensive, massive, systematic or repetitive is also prohibited where such behavior reasonably indicates automation, attempted catalog scraping, content capture, circumvention of technical protection measures or use unrelated to normal personal viewing.
Ericvideos may implement reasonable technical measures to detect and prevent such behavior.
Programs and, more generally, content accessible through Ericvideos are protected by applicable intellectual property rights. Any extraction, copying, recording, unauthorized downloading, reproduction, making available, distribution or exploitation of content, including through automated processes or circumvention of technical protection measures, is strictly prohibited.
Any such conduct may result in suspension or closure of the relevant Account and may be subject to any appropriate action, including legal proceedings, to stop the infringement, obtain compensation for resulting losses and, where applicable, establish the liability of the person responsible, without prejudice to any penalties provided by applicable law.
ARTICLE 23 — INTELLECTUAL PROPERTY
The Programs, as well as the texts, photographs, images, graphics, sounds, logos, trademarks, interfaces and other elements of the Site, are protected by applicable intellectual property laws and, where applicable, international conventions.
Purchasing a Membership grants the Customer only a personal, limited, non-exclusive and non-transferable right to view the Programs by streaming for the duration of their right of access.
No ownership or exploitation rights are transferred to the Customer.
ARTICLE 24 — PROHIBITION OF PIRACY AND REDISTRIBUTION
Unless expressly authorized in writing by Ericvideos or expressly permitted by law, it is prohibited to:
- download a Program where a download function is not expressly provided;
- copy or reproduce a Program;
- record or capture video streams for the purpose of creating or redistributing a copy of a Program;
- extract audiovisual files or streams;
- circumvent technical protection measures or access controls;
- sell, rent, transfer, transmit or redistribute a Program;
- make a Program available through a website, social network, messaging service, forum, video platform, storage service, peer-to-peer network, torrent or any other means of distribution;
- use Programs for commercial, public or collective purposes without authorization.
Any violation may result in suspension or closure of the account as well as civil proceedings or, where justified by the circumstances, criminal proceedings to protect the rights of Ericvideos and the relevant rights holders.
ARTICLE 25 — FRAUD AND PAYMENT INCIDENTS
Ericvideos may suspend or refuse access to the Service in the event of, in particular:
- a declined or canceled payment;
- use of a payment method without authorization;
- fraud or attempted fraud;
- intentionally false information used in connection with a transaction;
- an unresolved payment incident.
A suspension may remain in effect for the reasonable period necessary to carry out appropriate checks.
ARTICLE 26 — PAYMENT DISPUTES AND CHARGEBACKS
Nothing in these Terms and Conditions limits the Customer’s right to legitimately dispute a transaction that they did not authorize or to exercise a statutory right.
However, knowingly declaring a transaction that was validly made by the Customer to be fraudulent or unauthorized for the purpose of improperly obtaining a refund for a Service that was actually purchased and used may constitute a breach of these Terms and Conditions and may result in suspension or closure of the relevant Account.
In connection with the defense of a payment dispute, Ericvideos may retain and disclose to the payment service provider, financial institution or other legally authorized recipients relevant information establishing the existence of the order and use of the Service, in accordance with applicable personal data protection laws.
ARTICLE 27 — ACCOUNT SUSPENSION
Ericvideos may temporarily suspend an account where there are reasonable grounds to suspect, in particular:
- fraud;
- account compromise;
- abusive sharing of login credentials;
- automated use;
- large-scale catalog scraping;
- piracy or redistribution of Programs;
- a payment incident;
- a serious breach of these Terms and Conditions.
Suspension may be imposed as a precautionary measure for the reasonable period required to carry out appropriate checks.
Where circumstances permit, the Customer may be asked to contact Customer Service or provide information reasonably required to verify their account.
ARTICLE 28 — ACCOUNT CLOSURE BY ERICVIDEOS
In the event of a serious or repeated breach of these Terms and Conditions, Ericvideos may permanently close the relevant account, including in cases of established fraud, piracy, redistribution of content, organized account sharing, circumvention of security measures or infringement of intellectual property rights.
Where the nature of the breach permits, Ericvideos may first invite the Customer to remedy the situation.
Closure of an account resulting from a breach attributable to the Customer does not automatically create a right to a refund for lost periods or access rights, subject to any applicable mandatory statutory provisions.
ARTICLE 29 — ACCOUNT CLOSURE AT THE CUSTOMER’S REQUEST
The Customer may request permanent closure of their account in accordance with the procedures made available by Ericvideos.
Account closure must be distinguished from cancellation of recurring billing.
A Customer who still has a paid access period or legacy tickets is advised not to request permanent deletion of their account before using any rights they wish to retain.
Where a Customer expressly requests immediate and permanent deletion of their account while access rights remain, Ericvideos will inform the Customer, where technically and legally necessary, of the consequences of such deletion.
Rules concerning retention or deletion of personal data remain governed by applicable law and the Privacy Policy.
ARTICLE 30 — SERVICE AVAILABILITY AND MAINTENANCE
Ericvideos implements the reasonable measures necessary for operation of the Service.
The Site may nevertheless be temporarily unavailable, including due to:
- maintenance;
- an update;
- a security intervention;
- an incident affecting servers or hosting;
- failure of a technical service provider;
- a cyberattack;
- saturation or failure of a telecommunications network;
- a force majeure event;
- or circumstances beyond Ericvideos’ reasonable control.
Ericvideos may carry out operations reasonably necessary for the maintenance, security, improvement or development of the Service.
Interruptions to the Service are generally brief and usually do not exceed a few hours. Their duration may, however, exceptionally be longer depending on the nature of the incident.
Where an interruption is prolonged, the conditions under which the Customer may request an extension of their Membership are set forth in Article 19 of these Terms and Conditions.
ARTICLE 31 — LIABILITY
Ericvideos is responsible for performance of its obligations in accordance with applicable law.
Ericvideos cannot, however, be held responsible for damage directly attributable to the Customer’s fault, use of the Service contrary to these Terms and Conditions, the Customer’s equipment or Internet connection, the actions of a third party over whom Ericvideos has no control, or a force majeure event under the conditions provided by law.
Nothing in these Terms and Conditions is intended to exclude or limit any liability that Ericvideos cannot legally exclude or limit in relation to a consumer.
ARTICLE 32 — PERSONAL DATA
Personal data required, in particular, for account creation and management, provision of the Service, payments, security, fraud prevention, Customer support and compliance with legal obligations is processed in accordance with applicable personal data protection legislation.
Detailed information concerning the purposes of processing, legal bases, recipients, retention periods and data-subject rights is set forth in the Privacy Policy available on the Site.
Users have the rights provided by applicable legislation and may, where the relevant conditions are satisfied, lodge a complaint with the competent data protection authority.
ARTICLE 33 — CHANGES TO THE TERMS AND CONDITIONS
Ericvideos may amend these Terms and Conditions, including to reflect changes in legislation, regulations, technology or operation of the Service.
New Terms and Conditions apply to orders entered into after they become effective.
Where a change may affect an existing Membership and applicable law requires prior notice or Customer consent, the corresponding requirements will be observed.
An amendment to these Terms and Conditions cannot retroactively remove a mandatory right already acquired by the consumer.
ARTICLE 34 — CUSTOMER SERVICE AND COMPLAINTS
For any question or complaint concerning the Service, an order, payment or account, the Customer may contact Ericvideos through the “Contact” section of the Site.
The Customer must provide the information reasonably necessary to identify their account and the transaction concerned.
Ericvideos may request information necessary to verify the identity of the account holder where such verification is justified by the nature of the request.
ARTICLE 35 — AMICABLE RESOLUTION OF DISPUTES
In the event of a dispute relating to use of the Service or performance of a Membership, the Customer is encouraged to first submit a complaint to Ericvideos Customer Service through the “Contact” section available on the Site in order to seek an amicable solution.
Contacting Customer Service and seeking an amicable resolution does not deprive the consumer of the right to bring proceedings before a competent court under applicable law.
ARTICLE 36 — USERS RESIDING OUTSIDE FRANCE
The Site is accessible from various countries. These Terms and Conditions are governed by French law.
However, where a Customer acts as a consumer and resides in a State or territory whose mandatorily applicable laws grant the Customer rights that cannot be contractually waived, these Terms and Conditions are neither intended nor designed to deprive the Customer of those rights.
Depending on the applicable legislation, such rights may concern pre-contractual information, recurrence or cancellation of a Membership, conformity of the Service, payments, cancellation of an order or remedies available to the consumer.
The possible application of such mandatory rights does not, however, grant the Customer any additional right to a refund, cancellation or compensation beyond those actually provided by the legislation mandatorily applicable to the Customer’s contract.
The User remains responsible for complying with the rules applicable in their place of residence concerning access to adult content.
ARTICLE 37 — GOVERNING LAW AND DISPUTES
These Terms and Conditions are governed by French law, subject to any mandatory consumer-protection provisions applicable under the rules of private international law.
In the event of a dispute, the parties are encouraged to first seek an amicable solution under the conditions described in Article 35.
If no amicable resolution is reached, the dispute shall fall within the jurisdiction of the courts determined in accordance with applicable legal rules.
Nothing in these Terms and Conditions imposes exclusive jurisdiction on a consumer where such a provision would conflict with applicable mandatory law.
ARTICLE 38 — SEVERABILITY
If any provision of these Terms and Conditions is declared invalid, unlawful or unenforceable by a competent authority or court, the remaining provisions shall continue to apply to the fullest extent permitted by law.
The affected provision shall be disregarded or interpreted only to the extent strictly necessary, without affecting the validity of the remainder of these Terms and Conditions.
ARTICLE 39 — LANGUAGES
These Terms and Conditions may be made available in several languages.
The different language versions are translations of the same contractual document and are not intended to create different commercial terms depending on the language selected.
In the event of any discrepancy between translations, the French version shall prevail, subject to any mandatory provisions that may apply to the consumer.
ARTICLE 40 — ENTIRE AGREEMENT
These Terms and Conditions, together with any specific information presented to the Customer when placing an order, constitute the contractual framework governing use of the Service and the Memberships purchased.
The specific characteristics of a promotion or Membership offer expressly displayed before purchase form part of the corresponding contract.
ARTICLE 41 — ACCEPTANCE OF THE TERMS AND CONDITIONS AND CONSENT TO IMMEDIATE ACCESS
Before proceeding to payment, the Customer may review these Terms and Conditions through the link provided during the ordering process.
Proceeding with the ordering process is conditional upon checking the box provided for this purpose, by which the Customer accepts these Terms and Conditions, requests immediate access to the videos and acknowledges that, upon activation of such access, their fourteen (14)-day right of withdrawal may no longer be exercised under the conditions provided by applicable law.
If the Customer does not check this box, they cannot proceed with the ordering process or access the payment platform.
Confirmation of the order and successful payment results, subject to acceptance of the transaction by the payment service provider, in activation of the Membership corresponding to the selected offer.
