GENERAL TERMS AND CONDITIONS OF USE

1. Description of the Website

The website www.collection.mouginsmusee.com (hereinafter referred to as the “Website”) aims to provide the public, via the Internet, with information on the works contained in the Christian Levett collection, which is managed by Musée de Mougins, a simplified joint stock company (SAS) registered in the Trade and Companies Register of Cannes under the number 512 676 560, whose registered office is located 5 rue des Mûriers, 06250 Mougins, France, represented by Ms. Leisa PAOLI in her capacity as President (hereinafter referred to as the “MACM”).

Updated on a regular basis, the Website is the result of the continuous research and documentation efforts carried out by the MACM’s documentation team.

2. Acceptance of the GTCU, access and use of the Website

Use of the Website requires an Internet connection and any device providing access to the Internet. It is specified that this connection is not supported by the MACM. Access to the Website and its content is free, subject to acceptance and compliance with the present general terms and conditions of use (hereinafter referred to as the “GTCU”).

The GTCU aim to set out the terms and conditions of use of the Website, as well as to define the rights and obligations of any person accessing the Website (hereinafter referred to as the “User”).

2.1. Acceptance of the GTCU

The User who accesses the Website accepts and agrees the GTCU and to comply with the GTCU.

By accessing the Website, the User agrees to be bound by the GTCU. They are applicable to each access and, if need be, throughout the period of re-use of the content of the Website by the User.

The GTCU can be consulted on the Website.

The User's acceptance of the GTCU is achieved according to a process that ensures the integrity of his/her consent. Acceptance of the GTCU by the User is materialized by an action on his/her part using the technique known as "clicking" by the User. By ticking the box "I declare that I have read and accepted the general terms and conditions of use of this website", the User declares that he/she has read and accepts all the stipulations of the GTCU, which are enforceable against him/her from that moment.

The MACM reserves the right to modify and/or complete all or part of the GTCU, if it deems necessary and/or useful, in particular in order to adapt them to changes in the functioning of the Website, and/or to changes in legislation, at any time, without prior notice. The User shall therefore check the GTCU anytime he/she accesses the Website to remain informed of any changes or updates to the GTCU, which are binding on him/her. The date of the latest update is indicated at the end of the GTCU.

Any User who refuses to accept the new GTCU is prohibited from using the Website.

The access to the Website by the User following a modification of the GTCU shall be considered as an acceptance of the new version of the GTCU by the User.

The User undertakes to use the Website in compliance with all the provisions mentioned in the GTCU.

The MACM reserves the right to suspend, at any time and without prior notice, temporarily or permanently, access to the Website to any User who does not respect all or part of the GTCU.

2.2. Access to the Website

The Website is accessible free of charges, to any User with Internet access.

All costs relating to accessing the Website, such as hardware, software or Internet access costs, are borne exclusively by the User, who is solely responsible for the proper functioning of his/her equipment and his/her Internet access.

Until he/she is 18 years old, by using the Website, the User certifies that his/her parents have, or legal guardian has, consented to his/her use and agree(s) to the GTCU on his/her behalf.

The Website is normally accessible to Users at any time. The MACM endeavors to allow access without interruption, except in the event of force majeure or in case of an event beyond the control of the MACM, and subject to any maintenance interventions necessary for the proper functioning of the Website and/or interventions for the purpose of improving and/or modifying the Website, which may be carried out without prior notice to the Users by the MACM.

Consequently, the MACM cannot guarantee the availability and performance of the Website at any time.

Under no circumstances the MACM may be held liable in the event of impossibility of access, for any reason whatsoever and/or for interruptions in access and for any damages resulting therefrom, for the User or any third party.

The Website is hosted by a service provider in the European Union. The aim is to provide a service that ensures the best possible level of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible period of time, in particular for maintenance purposes, to improve its infrastructures, or if the Website generates traffic deemed abnormal.

The MACM and/or the host may not be held liable in the event of failure of access to the Website, the Internet network, telephone lines or computer, due in particular to network congestion, preventing access to the server, or to the presence of a virus, except in the case of direct damage resulting from serious or intentional fault of the MACM and/or the host.

2.3. Use of the Website and transmission of information to MACM

The User undertakes not to take any action likely to prevent the proper functioning of the Website and/or to damage the reputation of the MACM.

The User may use the contact form accessible on the Website to contact the MACM.

The User may also send to the MACM a request to use a work protected by intellectual property rights.

The User guarantees, where applicable, the accuracy of the information provided to the MACM.

The User is solely responsible for the data provided, comments made, photographs, images, videos and/or, more generally, any element whatsoever, communicated to the MACM.

2.4. Modification or removal of the Website

The MACM may, at any time, modify the content of the Website or suspend, withdraw, or modify all or part of the Website, without prior notice, if it deems useful and/or necessary, for whatever reason.

The MACM shall under no circumstances be held liable for any damages resulting therefrom.

3. Intellectual property

3.1 Intellectual property rights

The Website and its components and contents (in particular the general structure of the Website, as well as the software and databases, the graphic chart, the MACM’s logo, the trademarks, icons, texts, articles, newsletters, press releases, presentations, brochures, graphics, illustrations, photographs, images, animated or not, sounds, videos and computer programs) are likely to constitute works protected under intellectual property rights. Free access to the Website and any rights of re-use granted to the User do not confer any intellectual property rights for the benefit of the User on the general structure of the Website or on its components or contents which remain the exclusive property of the MACM or their respective holders. The downloading and re-use by the User of the contents of the Website is however possible under the conditions set out below. The reproduction and/or representation of works protected by copyright requires the prior express authorization of the author or its beneficiaries, which shall be obtained by the User. Any use, in particular any reproduction, representation, adaptation, modification, downloading, copying, distribution, transmission, broadcasting, or translation, in whole or in part, of the Website and/or any of its components and/or any of its contents in particular works reproduced on the Website, by any current or future process, any person and any current or future means whatsoever (particularly sales, marketing, rental, etc.), on any current or future medium, without the prior written express authorization of the MACM, and/or of right holders is strictly prohibited, constitutes a violation of the Intellectual Property Rights and may give rise to legal proceedings, in particular for counterfeiting.

The MACM values its own intellectual property rights and those of others. To support this approach, the MACM has taken every reasonable effort to ensure rights holders have been contacted for permission prior to reproduction of their work on the Website.

Any omissions or errors are inadvertent and will be corrected as soon as possible from their report.

Any rights holder who finds material/work on the Website for which he/she has not granted authorization to use can contact the MACM.

Any authorized use of the content of the Website must be made without distortion, modification or alteration of any kind.

3.2. Authorized uses

The Website has been created for any non-collective use within a strictly private context, as well as for museographic, scientific and educational uses.

Provided that the User wishes to use texts and/or images/photographs reproduced on the Website that are protected by copyright, it shall request prior express authorization from the MACM using the dedicated form that will be found on every object/work entry for this purpose and specify the intended purposes of such use. Provided that the object/work is protected by copyright, MACM may have to secure prior additional express authorization from the author.

The MACM will grant such authorization provided that the intended use is non-collective within a strictly private context, and for non-commercial purposes of museographic, scientific and educational uses.

The texts, photographs, images, and more generally any content of the Website may not be used freely and/or without permission for commercial purposes.

3.2.1 Textual contents

The User is authorized to: re-use the texts reproduced on the Website, by reproducing, copying, adapting, modifying, retrieving and transforming it to create derivative information, products or services, share, disseminate, redistribute, publish and transmit the texts.

The User may enjoy the abovementioned rights provided that: the intended use is for non-commercial purposes of museographic, scientific, educational uses and/or non-collective use within a strictly private context, the authorship of the text is acknowledged together with its source (at least by mentioning the MACM), the date of the most recent update is mentioned with each reproduction of the text. The User can also add a hypertext link to the source of the text concerned and thus effectively acknowledging authorship thereof.

3.2.2. Images/photographs

Screenshot or downloading of images/photographs reproduced on the Website is possible only after prior express authorization from MACM and for non-commercial purposes of museographic, scientific and educational uses and/or non-collective use within a strictly private context.

The User can request the right to make a screenshot or download any image/photograph reproduced on the Website directly from the MACM, using the dedicated form that will be found on every image/photograph entry for this purpose and specifying the intended purposes of such use.

3.3. General structure of the Website

The general structure of the Website is the exclusive property of MACM.

Any reproduction or representation, in whole or in part, any use, adaptation, provision or modification by any process, person or means whatsoever without the express authorization of MACM, and where applicable the authors or their representatives, is strictly prohibited and constitutes a violation of the intellectual property rights.

The use of screenshots of pages on the Website is authorized provided that the source is acknowledged by any appropriate means, such as a link to the page cited (or, if this is not possible, to the home page) or, in the case of reproduction on a physical medium, by mentioning MACM and the URL address of the page cited.

3.4. Trademarks and logos

The trademarks of MACM, as well as the logos published on the Website, are protected by industrial property rights.

Any reproduction, in whole or in part, of these trademarks and/or logos based on elements published on the Website without the express authorization of their owners is strictly prohibited and constitutes a violation of the industrial property rights.

4. Links

The MACM authorizes the use of hypertext links to the Website’s content as long as it does not lead to confusion as to the source of the content produced and/or held by the MACM and provided that:

  • deep linking is not used, i.e. pages from the Website must not be embedded within pages on another site, but should be accessible with the opening of a new window;
  • the source is mentioned when a hypertext link leads directly to the content;
  • the hypertext link is used only for non-commercial purposes of research, education and/or private and individual study; any use for commercial or advertising purposes is strictly prohibited.

This authorization does not apply to websites containing controversial, pornographic or xenophobic content or any other content that may, to a greater extent, be deemed offensive to the general public, or to websites that interfere with the material and/or moral interests of the MACM.

The MACM reserves the right to request the deletion of any hypertext link to the Website that is deemed not to comply with the purpose of the Website.

5. Liability

The information and elements communicated on the Website are indicative, not necessarily exhaustive, and may change. The MACM may not be held liable for any inaccuracies, errors, omissions, or lack of updating that may affect the information on the Website.

The User acknowledges and accepts that he/she uses the information and tools available on the Website under his/her sole responsibility.

The User assumes entire responsibility for the use of the Website or the information it contains. The MACM may not be held liable for the use that the User makes of the information made available to him/her via the Website, the User being and remaining solely responsible for the decisions he/she makes and the choices he/she makes. The MACM shall not be held liable for any damages related to the consultation or use of the Website by the User.

The MACM may not be held liable in the event of damages resulting from the unsuitability of the Website for a particular use or to the expectations and needs of the User, except for direct damage resulting from a serious or intentional fault of the MACM.

The User undertakes not to access or use the Website in any way that violates any legal or regulatory provision or court order, or whose purpose or effect would be illegal or immoral.

The User undertakes to access the Website using recent equipment, free of viruses, and with a last generation updated browser. The MACM may not be held liable for direct and indirect damage caused to the User's equipment, data or other elements when accessing the Website, resulting in particular from the appearance of a bug or an incompatibility, except for direct damage resulting from serious or intentional fault of the MACM.

The MACM may not be held liable for any loss or damages whatsoever, including indirect damages (such as loss of opportunity) resulting from the use of the Website and/or the documents and/or information on the Website, except for direct damage resulting from a serious or intentional fault of the MACM.

Furthermore, it is the Users’ responsibility to take all appropriate measures to protect themselves against the contamination of their data, software or hardware by any viruses circulating through the Website or the information published on it, and to manage the backups of their files and data.

The User is solely responsible for the telephone equipment, software, browser, modem or, in general, any other equipment that he/she needs to use the Website.

In the event of any fault on the part of the User, the latter shall be held liable for any indemnity that the MACM may be ordered to pay to third parties as a result of the use of the Website.

The Website may contain hypertext links to existing websites managed by third parties, over which the MACM has no control. The MACM may not be held liable for the content or services offered by said websites, nor their use by the User.

The MACM may not be held liable for any damages or loss of any kind caused to the User or to third parties arising from their re-use of the content of the Website. The User is solely responsible for any re-use of the said content on their part.

6. Respecting the image of the MACM

The User undertakes to respect the image and reputation of the MACM and to refrain from any action or communication which could be prejudicial, either directly or indirectly, to the said image, and/or reputation of the MACM and its interests.

7. Personal data

By using the Website, the User acknowledges and accepts the processing of his/her personal data (hereinafter referred to as the "Data") by the MACM, under the conditions and within the limits set out in this article.

7.1. Data Controller

The Data controller is the MACM, whose full contact details are available under the contact form of the Website.

7.2. Data collected

The Data collected by the MACM when the User uses the Website is strictly necessary for the purposes pursued by the MACM with the Website.

The Data collected may include the following:

  • name and first name,
  • postal and e-mail addresses,
  • telephone number,
  • IP address,
  • position held, employer,
  • data relating to navigation on the Website,
  • where applicable, any Data communicated by the User by filling in a contact form.

Necessary data is indicated as such in the Data collection forms.

Data may in particular be collected when the User:

  • navigates on the Website,
  • contacts the MACM by filling in the dedicated form,
  • subscribes to events organized by the MACM and/or to the MACM newsletters.

7.3. Purposes of data processing and legal basis

Data is processed for the following purposes:

  • receipt and processing of requests sent via the dedicated forms,
  • provision of services and information,
  • management of the Website and improvement of navigation on the Website,
  • technical administration of the Website in conjunction with service providers,
  • management of the Website's security,
  • measuring and analyzing the number of visitors to the Website,
  • prevention and fight against computer fraud,
  • management of registrations for events organized by the MACM and/or newsletters,
  • management, by the MACM, of its activity.

The processing of Data is carried out to comply with the legal and regulatory obligations of the MACM and/or on the legal basis of the legitimate interest of the data controller, constituted by the purposes set out above.

The MACM takes all reasonable steps to ensure the relevance of the Data to the purposes pursued.

7.4. Duration of Data processing

The aforementioned Data is kept only for the period of time necessary for the purposes for which it is collected and processed.

The MACM may have to retain certain Data for a longer period, in particular in view of:

  • a legal obligation to retain data for a specific period of time or guidelines set by the competent authorities,
  • possible disputes.

7.5. Recipients of the Data

The Data is intended for the person responsible for processing.

Depending on the purpose of each processing, the Data may be transferred to third parties: support services (host, data storage, updating of the Website), any other third party if the MACM is required to disclose or share Data in order to comply with a legal or regulatory obligation, any other third party for the purpose of acting in accordance with the requirements of a court or regulatory authority.

No Data is published without the User's consent, exchanged, transferred or sold to third parties. The eventual purchaser of the MACM would be bound by the same obligations as the MACM.

7.6. Security

The MACM takes great care when processing Data, taking all reasonable measures, both organizational and technical, to secure the Data of Users provided on the Website and to protect their confidentiality and integrity.

When processing Data, the MACM takes all reasonable steps to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.

In particular, the MACM uses networks protected by standard devices (firewalls, passwords, etc.).

However, given the inherent characteristics of the Internet, the MACM cannot guarantee that the Data, during transmission on the Internet, cannot be intercepted by third parties.

No method of transmission over the Internet and no method of electronic storage is completely secure. The MACM cannot therefore guarantee absolute security. If the MACM becomes aware of a security breach, it will notify the Users concerned so that they can take appropriate action. The MACM's incident notification procedures take into account legal obligations, resulting from both national and European provisions. The MACM undertakes to fully inform Users of all matters relating to the security of their Data.

7.7. Cookies

The Website does not use cookies.

7.8. User's rights

Each User whose Data is collected and processed by MACM through the Website has the right to:

  • obtain clear, transparent, and easily understandable information on how his/ her Data is used,
  • have access to all his/her Data,
  • rectify inaccurate and/or incomplete Data,
  • request the deletion of the Data, notably for one of the following reasons:
  • the Data is no longer necessary for the processing,
  • the withdrawal of the consent that was the sole legal basis for the processing,
  • the opposition to the processing on legitimate grounds,
  • the existence of unlawful processing.

Subject to proving his/her identity, and where technically possible, the User may request the portability of the Data he/she has provided.

The User may also request that the processing be limited.

Each User also has the possibility of objecting, for legitimate reasons, to the processing of his/her Data by the MACM.

However, the MACM may not comply with the request when it demonstrates legitimate reasons that prevail over the interests and rights and freedoms of the User or for the establishment, exercise or defense of its rights.

These rights may be exercised by the User by sending, together with proof of identity:

  • a letter to the following address: MACM, 5 rue des Mûriers, 06250 Mougins, France,
  • or an e-mail to the following address info@mouginsmusee.com.

The rights of the Users are not absolute. The MACM will comply with a request only to the extent that it is obliged to do so under applicable data protection legislation following its assessment of the request.

Nothing in this article shall be construed as granting a User any rights beyond those available to him or her as a data subject under applicable data protection law.

The User has the right to lodge a complaint with the French supervisory authority: CNIL (3 Place de Fontenoy – TSA 80715 – 75334 Paris Cedex 07 -France).

8. General provisions

If any provision of the GTCU is found to be invalid or in violation of any applicable legal dispositions and is by way of consequence considered null and void, it shall be deemed to be unwritten, without invalidating the GTCU or altering the validity of their other provisions.

For any question relating to the GTCU, the User may contact the MACM at the following address:

  • 5 rue des Mûriers, 06250 Mougins, France,
  • electronically at the following address: info@mouginsmusee.com.

The GTCU shall be governed by and interpreted in accordance with French law.

In the absence of an amicable settlement, any dispute in relation to the use of the Website and/or to the GTCU will be submitted to the competent courts of the jurisdiction of the registered office of the MACM.

9. Legal information

PUBLISHER'S INFORMATION
Musée de Mougins
Société par actions simplifiée à associé unique (SASU)
5 rue des Mûriers,
06250 MOUGINS France
Siret 512 676 560 00034 APE 9102Z

Tel : 00.33.4.93.75.18.65

Publishing Director: Leisa Paoli

Website creation & maintenance: Studio Roussier / Olivier Sazos

WEB HOSTING
OVH
http://ovh.com
2 rue kellermann, BP 80157
59053 ROUBAIX Cedex 1
Tel : +33 (0)8 203 203 63
support@ovh.com

HEROKU - Salesforce
https://www.heroku.com/contact
415 Mission Street
Suite 300
San Francisco, CA
94105

WEBSITE CONTENT
Musée d'Art Classique de Mougins
Service Multimédia
5 rue des Mûriers,
06250 MOUGINS France
info@mouginsmusee.com

Updated on December 19th 2021