Terms and Conditions

CLIMAX PRODUCTION, a simplified joint-stock company (société par actions simplifiée), with a capital of 2,000 euros, having its registered office at 25, rue de Ponthieu in Paris (75008), registered with the Paris Trade and Companies Register under number 879 906 584 ("CLIMAX"), operates the website accessible notably at the following URL: https://www.climaxed.how (the "Site").

These Terms and Conditions (the "T&C") define the terms and conditions governing the use of the Site and the Services provided by CLIMAX PRODUCTION.

The use of the Site implies full knowledge and unconditional acceptance of these T&C. The T&C are accessible at all times on the Site and shall prevail over any other contractual or non-contractual document. Users are invited to read them carefully. If a User does not accept the T&C, they may not use the Services.

For more information regarding editorial responsibility, CLIMAX PRODUCTION invites Users to refer to the "Legal Notices" section of the Site, accessible here https://www.climaxed.how/legal.

For more information on the processing of personal data, CLIMAX PRODUCTION invites Users to refer to the "Privacy Policy" section of the Site, accessible here https://www.climaxed.how/privacy.

Article 1: Definitions

For the purposes of these T&C, the Privacy Policy, and the Legal Notices, the terms listed below shall have the following meanings:

"X": Refers to the company operating the Site.
"Content": Refers to all audiovisual, cinematographic, textual, literary, sound, graphic, typographic, photographic elements, software, databases, applications, animated images, multimedia games, etc., available on the Site or other sites published by X.
"Services": Refers to the allocation of an account allowing access to certain Content.
"User": Refers to any natural person of legal age who meets the access conditions for the Services to access the Content.

Article 2: Access to Services

The Services are freely accessible to any User subject to prior acceptance of the T&C.

The consultation and use of Content are carried out within the framework of these T&C, which define the conditions of access to the Services provided through the Site.

To access the Services, any User must:

Have read, accepted, and complied with the T&C and the Site's Privacy Policy;
Meet the access conditions outlined in the T&C, particularly regarding the legal age requirement.

Article 3: Terms of Access to Services

All costs related to access to the Services and the Site (internet access, licenses, device, etc.) are borne by the User.

Article 4: User Obligations

By using the Services, the User declares and guarantees that they:

Will make strictly personal use of the Site and take all necessary precautions to prevent third-party access to their device;
Will use the Site and Services solely under the conditions and for the purposes provided in the T&C;
Will not reproduce, copy, or sell all or part of the Services and/or the Site, nor use them for commercial purposes (including access rights to Content);
Will not use automated means to access the Services or the Site, nor take actions that impose or may impose an unreasonable or disproportionate burden on X's infrastructure;
Will refrain from any practice that diverts the Site or Services for purposes other than those for which they were designed.

The User is solely responsible for their use of the Site. Any connection or data transmission made through their device will be deemed to have been carried out by them under their exclusive responsibility.

Article 5: Availability of Services

X endeavors to maintain access to the Site and Services 24/7 but is not under any obligation to achieve this. Therefore, X does not guarantee uninterrupted operation of the Services or the Site, the absence of failures or malfunctions, or that defects will be corrected, which the User expressly acknowledges.

X makes no commitment regarding the performance of the Site and Services and may suspend access to the Site or Services at any time, for maintenance, upgrades, or any other reasons, including technical issues or force majeure, without prior notice to Users and without any compensation or reimbursement.

Article 6: Intellectual Property

The Services, Site, and Content (including but not limited to graphics, maps, images, texts, videos, animations, sounds, logos, gifs, icons, editorial content, images, photographs, sounds, videos, and multimedia), the general structure of the Site, software, and databases are protected by copyright, neighboring rights, sui generis database producer rights, and general civil liability law, as well as applicable international conventions.

X and/or third parties hold all intellectual property rights over the content presented on the Site.

The User agrees to respect these rights and, unless expressly authorized by X under a licensing agreement, shall not:

Reproduce, represent, modify, publish, or adapt any elements present on the Site;
Interfere with the computer systems used to provide the Services;
Conduct reverse engineering on any part of the Site;
Extract or reuse substantial parts of the content on the Site;
Exploit access rights to the Site for commercial purposes;
Compile, decompile, or disassemble any part of the Site;
Remove any proprietary notices from any part of the Site.

Any unauthorized reproduction or representation of the Site's content constitutes infringement and exposes the User to legal proceedings, including civil and criminal liability under applicable laws.

Article 7: Sanctions

X reserves the right, at its sole discretion, to suspend or terminate, temporarily or permanently, without prior warning or compensation, a User's access to the Services in case of:

Actions violating intellectual property laws and other applicable legal provisions;
Breach of any obligation imposed by these T&C.

These sanctions do not preclude legal action, whether civil or criminal, against the User by authorities, third parties, or X.

Article 8: Cookies & Personal Data

During browsing and use of the Site, X does not place cookies on the User's device.

Users may be required to provide X with personal data to access the Services. These data processing activities are necessary for the execution of these T&C and are conducted in accordance with applicable data protection regulations.

For complete information on X's personal data processing practices, Users should refer to the Privacy Policy, accessible here: https://www.climaxed.how/privacy

Article 9: Miscellaneous Provisions

X reserves the right to modify all or part of these T&C. The T&C will be regularly updated to comply with legal and regulatory requirements. These modifications are binding on Users as soon as they are published online.

X also reserves the right to update and modify the Services, which Users acknowledge and accept.

Article 10: Governing Law & Dispute Resolution

The Site, these T&C, and related operations are governed by French law.

Before initiating legal proceedings, the User agrees to notify X by email at contact@climaxed.how to seek an amicable resolution.

Failing an amicable resolution, and where permitted by law, jurisdiction is exclusively granted to the competent courts in Paris.