Legal Notices and General Terms and Conditions of Use

1 Scope of application

These terms and conditions of use applies to any use of this Site ("the Site"): Darkino.

Continued browsing of this Site implies unreserved acceptance of the following general terms and conditions of use.

The version of these general terms and conditions of use currently online is the only one enforceable during the entire period of use of the Site, until it is replaced by a new version.

2 Legal notices

2.1 Publisher

The Website is published and operated by Pop2Watch.

2.2 Hosting

The Site is hosted by:

OVH, a simplified joint stock company with a share capital of 10,069,020 euros, having its registered office at 2 rue Kellermann 59100 ROUBAIX, registered with the Trade and Companies Register under no. 424 761 419, managed by Mr Henryk KLABA

2.3 Contact

We can be reached by e-mail: [email protected].

3 Definitions

Terms beginning with a capital letter have the meaning indicated below, whether in the singular or plural:

Site: this website listing the Titles of Third Party Sites.

Internet user: any person who views our Website

Hypertext links: a link placed in the content of a Site enabling access to other content on the Site or any other website by clicking on it

Services: services for listing and referencing the Titles of Third Party Sites

Third Party Site: a legal streaming and SVOD service platform offering the purchase, viewing or rental of Titles listed on the Sites. Where applicable, purchases are made directly on the Third Party Sites

Title: film, documentary or series offered by Third Party Sites referenced on our Sites. Titles are accessed and purchased directly on the legal streaming and SVOD service platforms listed on our Sites (the Third Party Sites)

User: any person who browses one of our Sites and/or is registered as a Member and/or uses the Services

4 Access to the Site

Access to the Site is restricted to persons of legal age. Darkino reserves the right to request proof of age.

Access to and use of the Site is strictly for personal use. You undertake not to use the Sites or the information or data contained in them for commercial, political or advertising purposes or for any form of commercial solicitation, in particular the sending of unsolicited e-mails.

5 User account

You can create a user account with a login and password that you can use again on our Website.

You are responsible for all activities that occur via your user account. To maintain control of your account and prevent others from accessing it, you undertake not to disclose your password or login details. You are solely responsible for the accuracy of your account information.

You may delete your user account at any time.

We reserve the right to terminate or restrict your account and use of the Services in the event of any violation of these Terms and Conditions of Use or the unlawful use of the Services.

6 Comments and ratings

Only users who have created an account on one of our Sites may leave comments and ratings.

With comments that are made under your responsibility, you state and guarantee that:

  • your comment does not contain any information referring to sites that stream or list illegal or counterfeit videos
  • your comment does not incite or promote the counterfeiting of works or software
  • you are not in a situation involving a conflict of interest regarding the Title for which you are leaving a comment or rating
  • your comment complies with current consumer law and does not constitute an act of unfair competition, denigration or false advertising
  • You undertake to post comments that respect moral decency, public order, and the rules of courtesy and politeness, and you may not post any comments for commercial, political, religious or advertising purposes.
  • You guarantee that the contents of your comments do not constitute any insult, defamation, eulogy of terrorism, hateful content, racist content, content demeaning human dignity or pornography, and more generally that they are not contrary to French or European regulations. Any comment that does not comply with these conditions may be deleted. In the event of repeated illicit or inappropriate comments, we reserve the right to delete all comments and terminate the account of the user concerned.
  • The processing of user comments includes their collection, moderation and return. Users' rights regarding personal data processed via comments may be exercised in the conditions and according to the procedures indicated in our Privacy Policy

7 Title referencing services

The Site references Titles classified by genre/year, popular films, language, period, country or rating.

Users have the option of accessing the Title's cover, as well as summaries and Hypertext Links. Through Hypertext Links, Internet Users and Users are redirected to a Third Party Site offering legal streaming, VoD, DVD, or VoD rental/purchase of the Titles.

8 Age category and classification of Titles

You agree to choose Titles for yourself and underage children after checking that the age categories and national classifications are appropriate for the audience concerned. This information is displayed on the Third Party Sites hosting the relevant Titles.

9 Management of the Site

For the proper management of the Sites, we may at any time:

  • suspend, interrupt or limit access to all or part of the Sites, and restrict access to the Sites, certain parts of the Sites or a specific category of Internet Users or Users;
  • delete any information that could disrupt the operation of the Sites or contravenes national or international laws or the rules of Netiquette;
  • suspend the Site(s) in order to make updates.

10 Liability

We may not be held liable in the event of any failure, breakdown, difficulty or interruption in operation preventing access to the Site(s) or any of their functions.

You are solely responsible for the equipment you use to log on to the Site(s). You must take all appropriate measures to protect your equipment and your own data, in particular from viral attacks via the Internet. You are solely responsible as regards the sites and data you visit.

We cannot be held responsible in the event of legal proceedings against you:

  • due to an illicit use of the Site(s) or any service accessible via the Internet;
  • as a result of non-compliance with these terms and conditions of use of the Sites

You agree to use the Site in accordance with its intended purpose and not attempt to interfere with its proper operation.

You may not archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, sell or otherwise use any of the Titles referenced on the Sites.

We are not liable for any damage to you, third parties and/or your equipment caused by your connection to or use of the Site(s) and you consequently waive any claims against us.

If we are subject to any amicable or court-ordered legal proceedings as a result of illegal or illegitimate use of our Site(s), we may take action against you to obtain compensation for any damages, sums, penalties and costs attributable to you and arising from such proceedings.

11 Problems in accessing or viewing a Title

The Titles referenced on the Sites are only accessible on Third Party Sites providing legal online offers. No purchases take place on our Sites.

Consequently, once you have clicked on the Hypertext Link enabling access to the Third Party Site, you proceed directly to the purchase on the Third Party Site concerned in order to be able to view/rent/purchase the relevant Title.

If you have difficulties accessing or viewing a Title for any reason, we suggest you contact the Third Party Site from which you made your purchase directly, and we decline all responsibility for Third Party Sites.

12 Hypertext links to all or part of the Sites

The creation of any hypertext links to all or part of the Sites is strictly forbidden, except with the prior written authorisation of the editor, requested via our contact form.

We are free to refuse this authorisation without having to justify our decision in any way. If we grant authorisation, it is in any event only temporary and may be withdrawn at any time, without any obligation to justify our decision.

In any event, any unauthorised link must be withdrawn at our request.

Any information accessible via a link to other sites is beyond our control and we decline all responsibility for their content.

13 Personal data protection and cookies

For information on the collection, processing and use of your personal data and cookies, please refer to our privacy policy

14 Applicable law

These terms and conditions of use of the Site are governed by French law and fall within the jurisdiction of the courts of Paris, subject to a specific attribution of jurisdiction arising from a particular legal or regulatory text.