The present website has been implemented by MAC3 COMMUNICATION. SAS with a sharecapital of €uros 478,560 Registration number on the Trade Register for companies of DIJON (SIRET): 504 543 380 00035 VAT number : FR54 504 543 380 Headquarters : 3 rue Vaillant – 21000 DIJON - FRANCE Tel.: +33 (0)9 51 85 72 61 E-mail address : site@mycontemporary.com Host company: Name : OVH Address : 2 rue Kellermann – BP 59100 Roubaix - France Telephone : 0899 701 761 (€ 1.349 VAT included per call, and then € 0.337 VAT included per mn) RECITALS I. DEFINITIONS II. GENERAL PROVISIONS - Access to the services - Capacity - Representations of the User - User conduct - Registration - Links to other web sites III. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS IV. CONTENTS OF THE INFORMATION V. TYPE OF INFORMATION GATHERED - Use of the information gathered by MyContemporary VI. PROTECTION OF PERSONAL DATA - Security VII. ENFORCEMENT OF THE FRENCH DATA PROTECTION LAW VIII. ESPACE COMMUNAUTE - Notre offre IX. OFFRE ARTISTES X. OFFRE GALERIES XI. SUBSCRIPTION PROCESS - Price - Payment - Means of payment and Security Payment transactions - Confirmation - Delivery - Duration - Transfer XII. GUARANTEE XIII. RESPONSABILITY XIV. FORCE MAJEURE XV. TERMINATION XVI. TERMINATION OF THE SERVICES PROPOSED TO NON SUBSCRIBERS XVII. REFERENCEMENT OF A STRUCTURE XVIII. COMMENTS – PRIVATE MAIL SERVICES XIX. CUSTOMER SERVICES XX. NOTIFICATIONS XXI. MODIFICATION OF THE PRESENT TERMS AND CONDITIONS XXII. NULLITY - Renunciation - Domiciliation XXIII. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION RECITALS These Terms and Conditions of Use ("Terms") apply to and govern your use of MyContemporary web site (the "Site") (http://mycontemporary.com) and any services that may be provided by or registered with MyContemporary through the Site by you (“Services”). By visiting our Site or using Services, you are accepting the practices described in these Terms. If you do not agree to these Terms, do not use the Site or request or register for any Services. We reserve the right to modify or amend these Terms from time to time without notice. Your continued use of our Site or Services following the posting of changes to these Terms will mean you accept those changes. I. DEFINITIONS User : means any artificial or natural person who navigates on the Site. Services : data and functions usable on the web site http://www.mycontemporary.com. Site : web site usable at the following address : http://www.mycontemporary.com II. GENERAL PROVISIONS Access to the services The present Terms of Use are applicable to all Site Users who acknowledge having read and accepted them, without limitation or qualification. You can access to the services proposed on the site only through Internet Explorer navigators (version 7.0 and upper), Firefox (version 1.5.4 and upper), Safari (version 2 and upper). The access to certain services is subordonated by MAC3COMMUNICATION to a prior subscription or to the payment of a subscription. Capacity The transactions proposed by MAC3COMMUNICATION on the Site are strictly reserved (i) to persons of legal age, having legal capacity under the law applicable to their personal status and under French law, to give consent to any transaction carried out on the Site, and (ii) to Members who are duly enrolled. MAC3COMMUNICATION reserves the right, without (giving) any compensation and/or notice, to suspend or to close the account of or to refuse future access to all or part of the services proposed on the Site to any Member who refuses to respect the provisions of the present Terms of Use and to pursue any possible claims against him/her. Representations of the User The User hereby represents that he/she is familiar with the Internet, its characteristics and its limits and, in particular recognizes the following: * That data transmission over the Internet only enjoys a relatively low level of technical reliability as they circulate within heterogeneous networks with diverse technical characteristics and capabilities which are sometimes saturated at certain times of the day. * That certain specific network may be dependent upon particular agreements and subject to access restrictions; * That the Users of a WEB site are likely to be located in many locations around the world and that, consequently, the contents of the Site may be reproduced, performed or, generally speaking, disseminated without any limits on the location or the recipient. * That data circulating on the Internet is not protected against possible misappropriation and therefore that the communication of passwords, confidential codes and, generally speaking, any sensitive information is done entirely at the risk of the Users. User conduct Any of the following conditions constitutes a violation of these Terms and may result in the termination of your right to use the Site or Services without notice: • Disrespecting the privacy or views of other users; • Using MAC3COMMUNICATION or the Site or Services for unlawful purposes or to promote any unlawful activities; • Impersonating another person, allowing another person to use your identification to post or view comments or soliciting passwords or personal identifying information from other users; • Transmitting "junk mail", "chain letters", or unsolicited mass mailing or "spamming"; or Submitting a Communication or Contribution that infringes or contributes to the infringement of the copyright rights, intellectual property rights or privacy rights of others or that is obscene, defamatory, harmful, abusive, threatening or false. Registration In order to be able to present an online offer to purchase one of the objects proposed by one of our services or in order to take advantage of certain services reserved for Members only, all Users must have signed up as a Member of the Site. Each User wishing to become a Member undertakes: - To communicate to MAC3COMMUNICATION all the information and personal data concerning said Member which is requested on the registration form located in the “Members’ Area”, - To furnish full and accurate information and to inform MAC3COMMUNICATION of any possible changes in order to permit MAC3COMMUNICATION to update the personal data concerning said Member. Each User who is duly signed up as a Member shall be assigned a personal account with a number which is accessible through anonymous identification by use of a confidential user name and a password. The Members undertake to refrain from divulging to any third party their account number, their password and their user name. The Members are responsible for the actions taken by any third party using their account even without their knowledge. In the event of fraudulent use of a Member’s account, user name or password, the Member undertakes to inform MAC3COMMUNICATION immediately thereof. Links to other web sites The Site and some Services contain links and pointers to third party web sites, resources and sponsors. Links to and from the Site or Services to third party sites do not constitute an endorsement by MAC3COMMUNICATION or any of its subsidiaries and affiliates of any third party, its site, resources or contents. MAC3COMMUNICATION cannot guarantee, represent or warrant that the content contained in these sites is true, accurate, lawful and/or inoffensive. MAC3COMMUNICATION has no control over these sites or the content within them. MAC3COMMUNICATION doe not warrant that any third party site will be free of viruses or will not adversely impact your computer. You should direct any concerns regarding any external link to its site administrator or webmaster. III. Intellectual and Industrial Property Rights The Users of the Site and the Members shall refrain from downloading, reproducing, altering, modifying and/or printing the brand names, logos, texts, images, sound, photos, charts, graphs, software and, generally speaking, any information present on the Site likely to be protected as Intellectual or Industrial Property for purposes other than those that are strictly personal and private. Any fraudulent use of the works thus protected, presented on the Site can give rise to the personal liability of the User and/or of the Member towards the holders of the rights infringed upon. IV. Contents of the Information All the information accessible on the Site is furnished as is. Therefore, MAC3COMMUNICATION cannot provide any explicit or implied guarantee and assumes no responsibility towards the Users and/or Members concerning the information presented on the Site. The Users and the Members are solely liable for the use of the information disseminated on the Site. MAC3COMMUNICATION can, in no event, be held liable due to incomplete, inaccurate, erroneous or obsolete information. Furthermore, the Users shall refrain from disseminating all images, data, information, hypertext links, in particular of a pornographic, paedophile, racist or Nazi nature, and, generally speaking, all images, data, information or hypertext links contrary to good morals and the law. MAC3COMMUNICATION can, in no way, be held liable for the dissemination on the Site of such contents by a User. Any User who does not respect this obligation is liable towards MAC3COMMUNICATION for damages in an amount no less than [to be filled in], without prejudice to any order in favour of MAC3COMMUNICATION granted by a civil or criminal court. Likewise, MAC3COMMUNICATION does not control the contents of the sites to which you may be sent through the hypertexts links located on the Site so that the Users and the Members are solely liable for their use. V. Type of Information Gathered In order to permit each Member to fully benefit from the services or to participate in a transaction, MAC3COMMUNICATION may gather information relative to the operating system of each Member (type of browser, operating system, Internet Protocol address and Internet domain), and personal information allowing, on the one hand, the identity of the Members and/or the contracting parties to be determined and, on the other hand, the services or purchases ordered on line to be provided (marital status, e-mail, telephone and fax number, company name, registration number on the Trade Register for companies, delivery and billing address, identifier, password). The Members may, at any time, access their account through their password in order to consult, change or cancel it. Furthermore, when carrying out surveys and/or competitions on the Site, MAC3COMMUNICATION may gather additional personal information from Members such as their age, their income, their profession, their marital status, etc. The Members are under no obligation to respond thereto and, if they chose to do so, may do so fully or only partially and may refuse to participate in a survey or a competition. Use of the Information Gathered by MYCONTEMPORARY MAC3COMMUNICATION expressly undertakes to strictly respect the security rules provided in article VI. when using the personal information gathered from the Members. The said information may, in particular be communicated, to the seller, the purchaser, the insurer, and, generally speaking, to MAC3COMMUNICATION’s partners. VI. PROTECTION OF PERSONAL DATA Security MAC3COMMUNICATION has implemented a security system in order to avoid the misappropriation, modification, alteration or less of the personal information gathered as much as is possible, as well as to protect the database registering the said information and to limit access to only those who have been approved as much as possible. VII. ENFORCEMENT OF THE FRENCH DATA PROTECTION LAW MAC3COMMUNICATION is committed to strictly respecting the protective provisions concerning the automated processing of personal information as prescribed by Law no. 78-17, referred to as the “Data Protection Act”. At all times each Member disposes of a right to access, to correct, to modify and/or to suppress the personal information concerning him/her. Broadly speaking, this right of access can be exercised in the following manners: · either by making the necessary corrections on the page « Modify my account » page which is directly accessible by each Member via his/her confidential password, · or by sending a simple request by registered letter with acknowledgment of receipt to MAC3COMMUNICATION at its registered office. XI. SUBSCRIPTION PROCESS To subscribe the member must first register and pay the subscription price via the dedicated form available on the site. As far as the subscription form, including the credit card number for the payment, has not been validated, the subscription process can be cancelled (confirmation by email with name and password). Price All prices are indicated in €uros excluding or including VAT. MAC3 may modify the prices at any moment. Such modification of prices is not applicable to running subscriptions. The subscription price does not include the telephone and internet costs which are necessary to access to our services. Payment The subscription price is paid online with a credit card via Crédit du Nord or by Paypal. The validation of the form indicating the credit card number is assimilated to the payment. As far as this form is not validated and the payment is not accepted by the operator, the subscription is not valid. Should the payment be accepted by the operator but rejected later (for example because of an opposition or a misuse), MAC3COMMUNICATION will have the right to cancel or stop the subscription without any prior formality. The cancellation or the stop of the subscription does not prevent MAC3COMMUNICATION from the payment of the whole due amounts. Means of Payment and Securing Payment Transactions Attention : parler du compte séquestre (à voir avec la banque : compte à part + faire travailler l’argent). The Members may pay for the transactions carried out in the following manners: · By credit card · By PayPal When paying for a transaction by card, each member undertakes to provide the following information on the payment form: · the type of credit or debit card (Visa, Master Card, etc.), · the card number, · the expiration date of the card, · the name as it appears on the card, · the name of the issuing bank, · any other information necessary for payment. The bank information gathered is used by MAC3COMMUNICATION solely in order to verify the validity of the card and to permit the transaction to be carried out. Please be informed that MAC3COMMUNICATION does not stock, in any manner whatsoever the bank details which are destroyed immediately after the transaction has been completed. In order to ensure the security of payments carried out online, MAC3COMMUNICATION uses the SSL (Secure Socket Layer) security protocol which provides data encryption. MAC3 also has an authentified Verisign certificate. Confirmation The subscriber will receive his/her subscription confirmation by email. It will be of the subscriber responsibility to keep on a durable support this confirmation email together with a copy of the terms and conditions that he/she has accepted. Delivery Once the payment is confirmed by the operator, the subscriber can have access to all the services reserved to the subcribers. This access is immediately available, hower, in case of technical constraints it may be delayed for 24 hours. Duration The subscriptions have a duration term and are automatically renewed at the term date, unless in case of non respect of the present terms and conditions. In such a case, MyContemporary will decide of the refuse to renew the subscription. Transfer The subscriptions are not transferable. XII. GUARANTEE MAC3 guarantees access to the subscribers to the services which access is reserved to them. However, MAC3 cannot guaranty that the proposed services will not be interrupted and, in particular, MAC3 my interrupt these services to execute some maintenance operations. MAC3 will not be responsible for services interruptions which would be linked to authorities decisions relating to the closing of all or part of the services, to a regulation change, to the interruption of electricity supply, to the interruption of some lines due to public or private operators, to a misuse of the site that would require the service interruption for security reasons, to a computer failure. MAC3 does not grant any guarantee to the persons who do not benefit from a subscription. As far as the accuracy, completeness or actuality of the information available on the site are concerned, MAC3 does not grant any guarantee to the users. MAC3 does not grant any guarantee to the users that the site works without errors or that the site will be exempt of computer viruses. XIII. RESPONSABILITY The user is sole responsible of the misuse of MAC3 services, and of their use. It is expressly agreed between the parties hereto that MAC3 will in any way not be liable to any direct or indirect damages suffered by users and due to the use of these services. In any case, the responsibility of MAC3 for such direct damages due to the use of the services cannot exceed the price of the subscription paid. XIV. FORCE MAJEURE The responsibility of MAC3 cannot be engaged in the case of the non execution of its obligations is due to a force majeure or an accidental case such as defined in Article 1148 of the French civil code. The users agree that the following events are accidental or force majeure cases : strikes, interruption of energy supply, interruption of telecommunication supply by external operators, attempts, riots, war, legal or regulatory decisions, and may affect MAC3 services and therefore modify the contractual balance. In case of force majeure, MAC3 can terminate, without prior notice, all the proposed services and the subscription can be cancelled without any prior legal formality and without any indemnification. XV. TERMINATION MAC3 can, without any prior legal formality, cancel the subscription of any person who does not respect one of the provisions mentioned in the present terms and conditions. The subscriber who does not respect any of the present provisions will receive a notice by mail. If this notice has no effect, MAC3 will be in a position to cancel the subscription without any prior legal formality and without any indemnification. In the case where the subscriber commits an illegal act in relation with a Law or a regulation, MAC3 can immediately stop the furniture of its services to the concerned subscriber, without any indemnification or reimbursment. XVI. TERMINATION OF THE SERVICES PROPOSED TO NON SUBSCRIBERS MAC3 may at any time modify, restrain or terminate the services offered to persons who do not benefit from a subscription. No indemnity is due by MAC3 in such a case. XVII. REFERENCEMENT OF A STRUCTURE Mac3 gives the opportunity to its visitors to be included in its directory. The referencement request can be made through the dedicated form on which the visitor must provide the information relating to its professional structure. The information provided must be exact and updated. The referencement request must be filled in by a person of legal age and having legal capacity to give consent to any transaction carried out on the site. The referencement is submitted to MAC3 approval. MAC3 can at its sole discretion refuse the request or request the professional visitor to complete the necessary information. The transactions proposed by MAC3COMMUNICATION on the Site are strictly reserved (i) to persons of legal age, having legal capacity under the law applicable to their personal status and under French law, to give consent to any transaction carried out on the Site, and (ii) to Members who are duly enrolled. Once the referencement request is approved, the structure will appear in the directory. This service is provided gratuitous. MAC3 can at any time terminate this referencement or cancel it from its directory, without any prior legal formality and without any indemnity. XVIII. COMMENTS – PRIVATE MAIL SERVICE The subscribers have the opportunity to post some comments on the site and to benefit from the access to private mail services. The comments posted by the subscribers on the site are not subject to any restraint by MAC3 and the messages exchanges are not controlled by MAC3. The subscriber is solely responsible of his/her comments and messages. He/she commits to strictly respect the law in force and will refrain himself/herself from any comment or message which would undermine morality, the right of any third party or which would make the apology of humanity crimes, would lead to racial hate, to child pornography, to violence, or would constitute an attempt to human dignity. Commercial or advertising canvassing through a message repetitively sent to MyContemporary members is strictly prohibited. Such messages will immediately be regarded as spams and wil result in the cancellation of the member’s account. A signaling device has been implemented on the site to control illegal contents. XIX. CUSTOMER SERVICES Any claim must be sent to: Mac3 Communication 3 rue Vaillant – 21000 DIJON - FRANCE XX. NOTIFICATIONS Any communication, correspondence, or notification between the Parties may be sent in writing, on paper or electronically, in accordance with the provisions of articles 1316 et seq. of the French Civil Code, as amended by the Act of 13 March 2000 relative to the adaptation of the law of evidence to information technology and relative to electronic signatures, except for notices for which a registered postal letter with acknowledgement of receipt is expressly required. XXI. MODIFICATION OF THE PRESENT TERMS AND CONDITIONS Your continued use of our Site or Services following the posting of changes to these Terms will mean you accept those changes. If you do not accept these changes, your subscription can be cancelled without any reimbursement of the subscription paid. Changes MAC3COMMUNICATION reserves the right to change the present Terms of Use as well as the Terms of Use of the different services proposed on the Site at any time. Duly enrolled Members shall be informed of such changes by e-mail. Furthermore, the notice of them will be published on the Site. In the absence of a stipulation to the contrary, changes are effective immediately. However, they do not apply to contracts in progress. XXII. NULLITY Should one of the present provisions be null as regards the law, or a final legal decision, or a legal decision accompanied by a provisional enforcement, the provision would be regarded as non written, without leading to the nullity of the contract, and without altering the validity of the other provisions. Renunciation The fact that one of the parties does not request the application of one of the present provisions, either permanently or temporarily, cannot be regarded as a renunciation by this party to the rights attached to this provision. Domiciliation The parties hereto elect domicile to the address indicated at the time of subscription for the user and at the address herein indicated for MAC3COMMUNICATION. XXIII. Applicable Law and Attribution of Jurisdiction All the provisions of the present Terms of Use of the Site shall be governed by French law.
