The website www.lucky-crush.live (hereinafter referred to as the "Website") is a live video chat application including text, audio, and video messaging services.
The purpose of these General Terms and Conditions is to define the terms and conditions of use of the services provided on the Website (hereinafter referred to as the "Services") as well as to define the rights and obligations of visitors, users (hereinafter "Users") within this context.
These General Terms and Conditions can be accessed and printed at any moment from a direct link on the Website (hereinafter referred to as: the "General Terms and Conditions").
They may be subject to certain additional terms and conditions specific to certain Services. The latter are hereby incorporated into the General Terms and Conditions. In the case of any inconsistency between the General Terms and Conditions and these specific conditions, the latter shall prevail.
The Website and the Services are managed by the company HELLO WORLD, a French simplified joint stock company ("Société par Actions Simplifiée") with a registered capital of EUR 105.77, registered under number 838 199 917 with the Registry of Trade and Companies of Paris, whose head office is located at 128 rue de la Boétie, 75008 Paris (hereinafter referred to as "HELLO WORLD").
HELLO WORLD can be contacted, including for any claim, through any of the following channels:
The Manager of the Website and Services may also be referred to as the "Manager".
The Website and the Services can be accessed by any person who is at least eighteen (18) years old and who has the full legal capacity to be bound by these General Terms and Conditions. Any person who does not have such full legal capacity may only access the Website and the Services with the agreement of their legal representative. Any person who is under the age of eighteen (18) may not access the Website and may not use the Services. Some content may initially be restricted and can be unlocked after successful age verification of the User. Whether age verification is required depends on the laws of the country applicable to the User. In such cases, age verification is carried out using an implemented age verification system.
The Website and the Services are intended exclusively for private individuals and are not meant for professional use, understood as any use directly or indirectly linked to a regular remunerated activity in any branch of trade or industry.
For Users who have not registered on the Website, their use of the Website and/or the Services entails their acceptance without any reservation of the General Terms and Conditions of Use.
Users contract directly with SecurionPay or CardBilling, as regards the implementation of these payments, by accepting SecurionPay's or CardBilling's general terms and conditions through a checkbox when they register on the Website.
Conversely, the termination of this contract between the Manager and a User shall automatically and fully entail the termination of the contract between this User and SecurionPay or this User and CardBilling.
Registering automatically entails the opening of an account in the Users' name (hereinafter referred to as the "Account"), giving Users access to their own personal space (hereinafter referred to as the "Personal Space") which shall enable them to use the Services in a format and according to the technical means that the Manager deems the most appropriate for providing the said Services.
Users guarantee that all information they provide in the registration form is exact, up to date, and sincere and is in no way misleading or dishonest.
They agree to update this information in their Personal Space in the event that any of it should change in order to continuously meet the above-mentioned criteria.
Users are hereby informed and accept that the information provided by them for the creation or update of their Account is valid as proof of their identity. Details entered by Users shall be binding upon confirmation.
New members of the Website may temporarily enjoy an additional Trial Period.
In general, the Website reserves the right to offer or not to offer free trials to the Users it wishes, according to its marketing strategy. The free trial is absolutely not a service that a User can request. It is also possible that a technical problem prevents the Website from offering a free trial to a User to whom the Website was supposed to offer a free trial. In all cases and for whatever reason, Users cannot claim a free trial under any circumstances, which is only offered at the discretion of the Website.
Users agree to use the Services themselves personally and agree not to allow any third party to use them on their behalf, unless accepting full responsibility for the consequences.
Users are also responsible for keeping their connection ID and password confidential, as any access to the Website with this ID and password is deemed to be made by them. Users must contact the Manager immediately through any of the channels mentioned in Article 2 of these General Terms and Conditions of Use, if they notice that their Account has been used without their knowledge. Users acknowledge the Manager's right to take all measures it deems appropriate in a case such as this.
Users have access to the following Services, in a format and according to the technical means that the Manager deems the most appropriate. Certain Services are available to Users on a per-minute basis only and are subject to the payment of fees according to the article "Financial Conditions". If the User wishes to access content that, under the laws of the country applicable to the User, may only be made available after successful age verification, the User must provide the necessary information and submit the required proof. This is carried out through an implemented age verification system. If the age verification fails, is canceled, or is otherwise unsuccessful, access to the restricted content will not be possible.
Users have access to an online instant messaging service that allows them to communicate by text, audio, and video with other Users.
Users are expressly informed and accept that the Manager may access the messages exchanged between Users through this messaging service at any time and may use them if necessary, to assert its rights, especially in the event of legal proceedings.
The online instant messaging service includes an automatic translator. The Users are informed and accept that such automatic translators may not be fully able to determine the specific sense of each word to be translated or the accuracy of the translations.
Users are informed and accept that the use of the audio messaging service requires them to have a functioning, operational, and properly configured microphone.
Users are informed and accept that the use of the video messaging service requires them to have a functioning, operational, and properly configured webcam.
The Manager provides Users with technical support which consists of assistance and advice, with regard to any question in relation to the Website and the use of the Services.
The technical support can be accessed by Users in the specified tab on the Website or be provided through the email address [email protected].
According to the requirements, the Manager shall assess the time needed for answers, as well as their nature, and shall inform Users of such assessment.
The Manager reserves the right to propose any other Service that it deems useful, in a format and according to the technical means that it deems the most appropriate for providing the said Service.
In order to use the Services, Users must purchase credits (hereinafter referred to as: the "Credits").
Credits represent a determined period of time allowing the User to use the Services. The balance of the Credits is made available to the Users in the Personal Space.
Credits are valid and may only be used on the Website for a period of three hundred and sixty-five (365) days from the date of purchase.
The Credits are available in various offers, the prices and characteristics of which are indicated on the Website.
All Credits purchased by the User are final and non-refundable. Unless otherwise stated, the prices include all taxes.
The Manager reserves the right, in its sole discretion and according to conditions that it deems appropriate, to propose promotional offers or price reductions.
Users have access to a record of their previous payments and purchases of Credits in the emails they receive from the payment and billing processors available on the Website.
The prices provided in article 8.1 may be revised by the Manager at any time, in its sole discretion.
The new prices apply as soon as they are effective.
The Users who do not accept the new prices may still use the Services with the Credits purchased before the prices change. Users who purchase new Credits after the entry into force of the new prices shall be deemed to have accepted them.
Invoices relating to the Services are communicated to the User by the payment and billing processors, by email.
The price of the Services is due upon their order.
Payments can be carried out online, by bank card through the secured online payment service SecurionPay or CardBilling or by any other means available on the Website at the date of the order.
The User guarantees to the Manager that they have all the necessary authorizations to use the chosen payment mode.
Users are hereby informed and expressly agree that any payment delay of all or part of any payable amount at its due term shall automatically entail, without prejudice to the provisions set out in articles referred to as Sanctions for breaches and Termination and without prior formal notice:
(i) Forfeiture of the term of all amounts payable by the User in question, that will become immediately due,
(ii) Immediate suspension of current Services until complete payment by the User in question of all amounts due,
Users are informed that a right of withdrawal applies in principle to all distance service agreements concluded between professionals and consumers, and that this right may be exercised within 14 (fourteen) days from this contract's conclusion.
They are, however, expressly informed and accept that Services are provided to them once they are registered and are therefore fully performed before expiry of the above-mentioned withdrawal period. Consequently, they expressly waive their right of withdrawal, which cannot be exercised.
Users expressly acknowledge and accept that:
(i) Data collected on the Manager's Website and its computer equipment attest to the reality of the transactions performed in the context of this agreement,
(ii) This data is the main means of acceptable proof between the parties, in particular for the calculation of amounts due to the Manager.
Users can access this data in the invoices and receipts they receive from payment processors available on our Website.
Without prejudice to other obligations provided for in this agreement, Users undertake to respect the following obligations.
Each User is solely responsible for successfully completing all necessary administrative, tax, and/or social formalities, as well as for the payment of contributions and taxes of all types concerning them that could result from their use of the Services. The Manager shall in no case be held liable in this respect.
Each User guarantees the Manager that they have all the necessary rights and authorizations for the publication of this Content.
Users agree that this Content is legal, does not disrupt public order, is not contrary to accepted standards of public decency, does not infringe any third-party rights or legal provision and / or regulation, and, more generally, is in no way likely to bring the civil or criminal liability of the Manager into play.
Users therefore agree to refrain from publishing, in particular, but not limited to:
Each User agrees to defend, indemnify, and hold the Manager harmless from and against any claims, demands, actions, and/or grievances whatsoever, that the Manager could incur as a result of a breach by the User in question of any one of their obligations or guarantees under these General Terms and Conditions.
Users agree to compensate the Manager for any prejudice that the latter could be subject to, and to pay any costs, liabilities, charges, and / or convictions that the latter could incur, as a result of such a breach.
Users are expressly informed and accept that the Manager will be able to access, analyse, automatically or not, and store the contents exchanged between Users within the framework of the Services in order to verify compliance with the present General Terms and Conditions. All written texts and broadcasted video content are monitored continuously by the Manager through automatic and manual moderation procedures. Any content found to be in breach of the Terms and Conditions will be deleted and the User's Account will be banned from further use of our Services.
In the event of a breach by a User of any of the provisions of these General Terms and Conditions, or more generally, of any infringement by the User of any laws and regulations in force, the Manager reserves the right to take any measures it deems appropriate and in particular:
(i) to suspend access to the Services for any User who has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement,
(ii) to delete the Account of the User who has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement,
(iii) to delete any and all of the Content placed by the User on the Website,
(iv) to publish on the Website any related informational message that the Manager deems useful,
(v) to inform any relevant authorities,
(vi) to commence and prosecute any legal proceedings.
In the event of a breach by a User of a substantial obligation stipulated in these General Terms and Conditions, the Manager reserves the right to cancel the User's access to all or part of the Services, effective immediately, by letter or email. The cancellation takes effect by operation of law on the date the written notification is sent by the Manager to the User, as per this clause. The cancellation will cause the automatic deletion of the User's Account, without prejudice to the other consequences that may be set out in the present General Terms and Conditions.
Consequently, the Manager cannot be held liable for Content whose authors are third parties, and any potential claims should be made firstly to the author of the Content in question.
Any Content that causes prejudice to a third party can, however, be the subject of a complaint to the Manager within the conditions defined in Article 6 I 5 of the French law No. 2004-575 on confidence in the digital economy of 21st June 2004, the Manager reserving the right to take the measures set forth in these General Terms and Conditions.
The systems, software, structures, infrastructures, databases, and content (text, images, graphics, music, logos, trademarks, databases, etc.) used by the Manager on the Website, are protected by all intellectual property rights, or rights for the creators of databases, in force. Any dismantling, decompilation, deciphering, extracting, reusing, copying and, more generally, any reproduction, representation, publishing, or use of all or part of any of these items, without the Manager's authorization, is strictly prohibited and could lead to prosecution.
Users acknowledge and accept that through placing Content on the Website, they voluntarily and freely show their intention to participate in the diversity of the information contained therein, in the spirit of a community exchange. For this purpose and in order to implement the Services:
The Manager practises a policy of protection of personal data, the characteristics of which are detailed in the document "Privacy & Cookie Policy", which Users are expressly invited to read.
The Manager may insert advertising or promotional messages on any page of the Website or in any communication sent to Users, in a format and according to the conditions, that the Manager solely deems appropriate.
The Manager can in no way be held liable for the technical availability or unavailability of Internet sites or mobile applications operated by third parties (including its potential partners) which Users would access through links on the Website.
The Manager shall not be liable for content, advertisements, products and / or services available on such third-party sites or mobile applications, and Users are hereby reminded that these sites are governed by their own terms and conditions of use.
The Manager shall not be liable for any transactions conducted between Users and any advertisers, professionals, or salespersons (including its potential partners) to which Users may be oriented through the Website and shall not take part in any disputes whatsoever with these third parties, particularly concerning the delivery of products and / or services, guarantees, declarations, or any other obligations whatsoever to which these third parties may be bound.
By agreeing to our terms and conditions, you agree to receive transactional emails (related to an action taken by you on our Website) and promotional emails (emails advertising temporary or permanent offers on the LuckyCrush Website). Under no circumstances will we give your contact information (including email) to third parties. Therefore, you will only receive emails from LuckyCrush.
You may receive promotional emails from LuckyCrush for up to 3 (three) years after your last login to LuckyCrush.
Transactional emails are mandatory and are triggered by your own actions on the Website. These emails are necessary for the effective completion of the action you have taken. If you want to stop receiving transactional emails, you must stop using the Website. Regarding promotional emails, you can decide at any time to stop receiving them by clicking on the unsubscribe link available in the email.
Users can opt out of the Services at any time, by clicking "Account" and "Delete my account" on their Personal Space.
This shall cause the automatic deletion of their Account. Upon deletion of the Account, all Credits purchased by the User are irrevocably lost and cannot be reimbursed.
Besides, the Manager reserves the right to close and delete any Account that shall remain inactive for a continuous period of 365 (three hundred and sixty-five) days.
The Manager reserves the right to amend these General Terms and Conditions at any time.
Users shall be informed of these amendments through any pertinent channel.
Any User who does not agree with the amended General Terms and Conditions must unsubscribe from the Services according to the provisions set out above.
The amended General Terms and Conditions apply immediately. Users are thus invited to regularly consult the latest version of the General Terms and Conditions on the Website.
Users who continue to use the Services after the entry into force of the amended General Terms and Conditions shall be deemed to have accepted these amendments.
In the event of a translation of these General Terms and Conditions into one or more languages, the language of interpretation shall be English in the event of any contradiction or dispute concerning the meaning of any of the terms or provisions herein.
In the event of any claim made by a European consumer, for which no amicable solution is found with the customer service of the Manager, this consumer has the right to use the European Online Dispute Resolution platform which may be accessed at the following URL address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
These General Terms and Conditions of Use are governed by French law.