Home Terms and conditions of use and participation

Terms and conditions of use and participation
Updated: 23/01/2015 10:34

Your use and participation in www.themuseumchannel.tv site (hereinafter the site) in any form whatsoever implies the acceptance of these terms and conditions of use and participation and as part of a subscription also the terms and conditions of subscription.

The use and participation are reserved for adults.

The use is the act of accessing the site.

Participation is the act of registering and / or subscring and / or make contributions to the site.

Article 1: access

The site is accessible via the Internet 24/7, except for force majeure event beyond the control of MEDIART (The Museum Channel / TheMuseumChannel.tv) and / or the host, possible breakdowns or maintenance necessary to ensure proper operation.

MEDIART (The Museum Channel / TheMuseumChannel.tv) is committed to implement all means at its disposal to ensure good quality of site access and ensure the reliability and speed of online data dissemination.

You declare to have knowledge of the nature of the Internet, its technical performance and in particular the response times to transmit and download information and acknowledge that you are responsible for taking all necessary measures to ensure the proper functioning of your computer, tablet or connected TV set.

In the event that a regulatory change, a technical constraint or a new legal interpretation would call into question the appropriateness of the site or for any other reason, MEDIART (The Museum Channel / TheMuseumChannel.tv) reserves the right to interrupt or customize the site without notice, without any prejudice.

MEDIART (The Museum Channel / TheMuseumChannel.tv) accepts an obligation of means, but not an obligation of result.

Article 2: responsibility

The site is related to the particular theme of art exhibitions and is strictly informative. Use of this site can not prevail in any legal commitment, contractual agreement on the part of MEDIART (The Museum Channel / TheMuseumChannel.tv).

It is expressly understood that MEDIART (The Museum Channel / TheMuseumChannel.tv) shall in no event be responsible in case of any injury or direct or indirect damage such as loss of market, commercial loss, loss of goodwill or otherwise arising from any inaccuracy, error indexing of online delay, lack of completeness or another.

MEDIART (The Museum Channel / TheMuseumChannel.tv) does not guarantee that the site and servers are free of viruses or other harmful components. Using the site is at your own risk and you are solely responsible for damage to your computer system.

MEDIART (The Museum Channel / TheMuseumChannel.tv) cannot guarantee the confidentiality of any communication mode using the medium of the Internet as it can be picked up by a third party as a result of the method of data traffic on the network. Moreover, it is your responsibility to take all appropriate measures to protect your own data and / or software from contamination by any viruses present on the internet. Consequently, the responsibility of MEDIART (The Museum Channel / TheMuseumChannel.tv) will in no case be engaged in relation to the use of information provided and / or tools provided on the site.

Similarly, the responsibility of MEDIART (The Museum Channel / TheMuseumChannel.tv) cannot be engaged in the following cases:

- difficulties in operation or interruption of its services beyond the control of the company MEDIART (The Museum Channel / TheMuseumChannel.tv),
- temporary interruptions of services or the site for their development, maintenance or updating,
- failure or malfunction of the Internet in the transmission of data, messages or documents.

In addition, MEDIART (The Museum Channel / TheMuseumChannel.tv) cannot be held responsible in case of force majeure or fortuitous events as defined by applicable regulations and in particular by Article 1148 of the Civil Code and case law constant of the French courts. The term force majeure ecompasses: strikes, server maintenance encryption and delivery, natural disasters, destruction by lightning, power outages, war, public order disturbances, weather, deteriorating communications network or lines, overloading of IP networks, social conflicts.

The site includes information made available by partner companies or hyperlinks to the sites of these partner companies. MEDIART (The Museum Channel / TheMuseumChannel.tv) cannot be held responsible for information, opinions and recommendations of these partner companies. It is your responsibility to use this information wisely and critically.

Article 3: behavior

By using and participating in the website you agree not to:

- impersonate any person or entity,
- interfere with or disrupt the site or servers or networks connected to the site or disobey any requirements, procedures, policies or regulations of networks connected to this site or to modify, adapt or hack the site or modify another way to believe misconception that this site is associated with this site,
- collect or store personal data or attempt to collect or store personal data about a user or another site participant,
- harass in any manner whatsoever other user or member or employee of the site,
- offer to sell, assign, transfer or exchange of goods stolen or obtained as a result of misuse, fraud, embezzlement, breach of trust or other criminal offense,
- violate, intentionally or unintentionally, any applicable local, national or international law, including, without limitation, any rule having the force of law.

By participating, you agree to provide true, accurate and complete information, maintain and update them to ensure accuracy.

The use of access codes consisting of the combination of an e-mail address and a password is under your responsibility. You are solely responsible for maintaining the confidentiality of your email and your password and information about your account, and all acts performed through your account. You must notify us immediately by registered mail with return receipt if you see or suspect misuse of your account or if you notice or suspect a breach of security, including theft or unauthorized disclosure of your e-mail address and password passes or of that of another user.

Your contributions to the site are public and not private and will not be subject to any obligation of confidentiality on the part of MEDIART (The Museum Channel / TheMuseumChannel.tv). You acknowledge and agree that MEDIART (The Museum Channel / TheMuseumChannel.tv) has only a passive role and makes no commitment and cannot be held responsible for the content of your contributions or their consequences.

You warrant that you have full rights on your contributions.

Any contribution may be removed from the site at any time; MEDIART (The Museum Channel / TheMuseumChannel.tv) will not provide any notification or justification.

Any participation will be a collection of your IP address at the time of submission. These data are retained for archival purposes only and may be disclosed without your authorization, at the request of a judicial authority.

You grant MEDIART (The Museum Channel / TheMuseumChannel.tv) the free, irrevocable and unrestricted license to use, reproduce, modify, adapt, publish, translate, distribute your contributions in whole or part and with or without the use of your e-mail and / or name and worldwide and in any form, in any medium or via any technology for an indefinite period, free or for any commercial purpose, without compensation.

You agree not to make in any manner whatsoever contributions that can directly or indirectly, create, represent, be or have:

- a racist, xenophobic, revisionist, pedophile, pornographic,
- an affront to human dignity,
- a provocation, or incitation to racial hatred, violence, suicide, use, manufacture or distribution of illegal substances or illegal, or acts of terrorism,
- a provocation, or incitation to commit crimes or offenses, especially crimes against humanity,
- abusive, defamatory, or invasive of privacy, the right image, or personality rights of any person,
- a violation of intellectual property law, including trademark law;
- content for purposes of advertising, propaganda, proselytism, in a professional or commercial manner.

This list is not exhaustive. Compliance with current rules and laws is essential.

Article 4: suspension

MEDIART (The Museum Channel / TheMuseumChannel.tv) reserves the right to suspend your access to the site and delete your account and all information attached for non-compliance by you of any provision of these Terms of use and participation or in the event of misuse of the site.

In this case, MEDIART (The Museum Channel / TheMuseumChannel.tv) will notify you by e-mail, without prejudice any any claim for damages.

Article 5: intellectual Property

The general structure of the site and all its contents  (ie including images, articles, photographs, illustrations, trade marks, logos, videos, interviews, sounds, text ...), including the site’s newsletter is protected by current legislation in France regarding intellectual property, including copyright, neighboring rights, trademark law, the right of image, and by international law.

Only the use of the site for a personal consumption is authorized, excluding any acts of exploitation.

These Conditions of Use and Participation do not allow any transfer of any intellectual property rights, including through the subscription service.

All rights reserved, including text, downloadable elements, audios, videos, illustrations and photographs.

As such, in the absence of express authorization by MEDIART (The Museum Channel / TheMuseumChannel.tv), it is strictly forbidden to exploit or distribute the site content and in particular to reproduce, display, modify or adapt all or part of the contents available on TheMuseumChannel.tv and on the Museum application.

It is prohibited to capture and / or redistribute multimedia content on the site to other websites whether personal or professional. Recovery of any part of the site content or dissemination of MEDIART (The Museum Channel / TheMuseumChannel.tv) without the prior express permission constitutes copyright infringement and give rise to compensation for damage suffered by the company MEDIART (The Museum Channel / TheMuseumChannel.tv). Dissemination to the public, whether free extracts of site content or dissemination of MEDIART (The Museum Channel / TheMuseumChannel.tv) is likely to be classified as an act of parasitism and unfair competition.

Article 6: personal data , cookies, and social networks

Under the law n° 78-17 of 6 January 1978 relating to data processing and freedoms ("Informatique et Libertés" law), if you have filed personal information about you on the website (the collection and processing of such information has been our share of a record to the CNIL under number 1659505 v 0), you have the right to oppose, access and rectification of your data. To exercise this right you must make a specific request using the form provided for this purpose.

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When visiting the site, information about the navigation of your device (computer, tablet , smartphone, etc...), may be stored in files "cookies" installed on your device.

These cookies deposited by providers (advertising agencies, advertising management...) that we use to promote our activities and offers are intended for:

- identify viewed or purchased on our site to personalize the advertising offering products that is addressed to you outside the site TheMuseumChannel.tv,

- to send you if you authorized when you register with these providers, TheMuseumChannel.tv offers by e -mail.

Note that only the issuer of a cookie is likely to read or modify information contained therein. The issue and the use of cookies by third parties, are subject to the policies of protection of privacy of third parties.

We have no access or control over third party cookies. However we ensure that providers treat information collected on the website TheMuseumChannel.tv exclusively for the needs of TheMuseumChannel.tv and in compliance with the "Informatique et Libertés" law.

If you share the use of your device with other people, we can not assure with certainty that the services and advertisements for your device correspond to your use of this device rather than another user of this terminal.

You can choose at any time to express and edit your wishes regarding cookies. Several options are available to manage cookies. Any settings you can take will likely change your Internet browsing and your conditions of access to certain services that require the use of Cookies. You can express and modify at any time your wishes regarding cookies, by the means described below:

- Choices that are offered to you by your browser: you can configure your browser so that cookies are stored on your device or on the contrary, they are rejected, either systematically or by the issuer . You can also set your browser so that the acceptance or rejection of cookies you will be offered promptly , before a cookie is likely to be stored in your device. The configuration of each is different browser . It is described in the help menu of your browser, which will let you know how to change your wishes regarding cookies.

- Your choices made in line with inter platforms: you can connect to the site Youronlinechoices (http://www.youronlinechoices.com/fr/), proposed by professional digital advertising grouped within the European Association EDAA (European Digital Advertising Alliance) and managed in France by the Interactive Advertising Bureau France. This European platform is shared by hundreds of professional advertising on the Internet and is a central interface allows you to express your refusal or acceptance of cookies used to tailor advertisements to your navigation device. http://www.youronlinechoices.com/fr/controler-ses-cookies/ . Note that this procedure does not prevent the display of advertisements on the websites you visit. It will block the technologies that adapt to your advertising interests.

- Cookies "Flash" © of " Adobe Flash Player" ™ " Adobe Flash Player" ™ is a computer application that allows the rapid development of dynamic content using the computer language "Flash". Flash ( and similar applications ) stores settings , preferences and usage of these contents through a technology similar to cookies. However, "Adobe Flash Player" ™ handles this information and your choice via a different interface that is provided by your browser. Insofar as your terminal is likely to view Flash content developed with the language, we invite you to access your management tools Flash cookies directly from Adobe's website: http://www.adobe.com/en/. (Cookies tab)

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Our site uses computer applications from third parties, which allow the user to share content from our site with others or to his opinion about content of our site to know these other people. This is particularly the case buttons "Share", "Like", from social networks such as Facebook, Google+, Twitter, etc...

When the user visits a webpage containing such a button, the browser establishes a direct connection with the servers of the social network.

- If connected to the social network while browsing , application buttons to link pages viewed their account.
- If interacts with plug-ins, such as clicking the "Like", the corresponding information will be transmitted to the social network and published on its behalf.

If the user does not want the social network links the information collected through TheMuseumChannel.tv their account, it must be disconnected from the social network before visiting TheMuseumChannel.tv. We invite you to consult the policies to protect the privacy of these social networks to be aware of the purpose of use, including advertising , navigation information they may collect through these application buttons.

Article 7: hyperlinks

The creation of simple or complex links to the site is subject to prior approval of MEDIART (The Museum Channel / TheMuseumChannel.tv).

The hypertext links implemented leading to other sites do not engage the responsibility of MEDIART (The Museum Channel / TheMuseumChannel.tv), it has no control over the content of these sites.

Article 8: change

Users are reminded that any amendment affecting the terms of use and participation do not affect prior uses and participations.

MEDIART (The Museum Channel / TheMuseumChannel.tv) reserves the right at any time and at its discretion to make changes to these terms of use and participation. Only in case of major changes, users will be informed by pop-up on the site and by e-mail at least 30 calendar days in advance.

Any use or participation after online posting of changes means that you accept those changes. If you do not agree, you should no longer use the site and close your account.

Article 9: applicable Law

These general conditions of membership are subject to French law. In case of dispute, the commercial court of Lille will have sole jurisdiction.

If any provision of these terms and conditions of subscription shall be unlawful, void or unenforceable for any reason, such provision shall be deemed severable from other provisions herein and shall not affect the validity and enforceability of remaining provisions.

Article 10: queries

Any request for further clarifications regarding the application of these terms of use and participation should be addressed to MEDIART (The Museum Channel / TheMuseumChannel.tv) using the form provided for that purpose.

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