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Legal mentions and Terms of use of the Website

Last update May 22, 2022

 

The Website www.mariepiselli.art (hereinafter the "Website") is created and published by Cultural Enterprise Limited, (hereinafter "CE"), a limited liability company registered in Hong Kong under the registration number 2896441), whose head office is located at N5, 17F, Strand 50, 50 Bonham Strand, Sheung Wan, Hong Kong SAR and represented by its Director, M. Patrick Foret, domiciled in this capacity at the said head office.

 

Phone : +33 6 1837 6922

E-mail : contact@mariepiselli.art

 

Terms and Conditions of use of the Website (hereinafter « Terms of Use »)

 

Article 1: Navigation and use du Website

 

Navigation on the Website and its use imply full and complete agreement to the Termes of Use, regardless of the country of residence of the users of the Site (hereinafter "Users"). Website Users declare that they have full legal capacity to enter under the Terms of Use.

 

CE invites Users to read and record the Terms of Use and informs them that in the case of any conflict between the versions of the Terms of Use or their interpretations, the French versions will prevail over all other versions in another language and in particular over the English language version.

 

For any information or complaint regarding the Terms of Use, Users may contact CE: 

By mail: Marie Piselli, 3 Rue de Turbigo, 75001 Paris France

By e-mail: contact@mariepiselli.art 

By filling in the contact form on the Website

 

Any claim relating to the Terms of Use must be commenced within a maximum of 6 (six) months after the claim or cause of action arises, and be accompanied by any evidence to justify the claim.

 

Exchanges with CE (including postal costs) remain the exclusive responsibility of the Users.

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Access to the Website requires personal computer equipment, as well as an Internet connection, which are not provided to Users. 

Users are solely responsible for the above-mentioned connection and for the retention of their computer data (data, computer files, software, etc.) and for the protection of their computer equipment against attacks, viruses and computer intrusions, of any kind, which they have to protect with the software of their choice.

 

Users use the Internet at their own risk and under their sole responsibility. They undertake not to infringe the rights of other Internet Users and to respect national and international laws and regulations governing the use of the Internet.

 

CE strives to keep the Website accessible at all times and makes every effort to preserve its security, but does not provide any guarantee whatsoever to Users or be held liable for the following (but not be limited to):

 

  • The uninterrupted availability, operation and performance of the Website,

  • The completeness of information provided on the Website and the absence of errors or omissions,

  • Any potential external intrusions that may contaminate or damage the computer equipment or data of Users,

  • The consultation or the use of the hyperlinks on the Website,

  • Compliance with legal or regulatory provisions and the accuracy or reliability of information, communications, publications or any other content that may be provided, published or addressed by the Users, or contained in pages accessible via the hyperlinks via the Website's hyperlinks.

 

Users authorize CE to suspend, reduce or refuse at any time the use of the Website to any User who does not comply with the Terms of Use or applicable legal provisions, without prejudice to any damages that CE reserves the right to claim from the User as compensation for the damage it has suffered.

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Article 2: Intellectual Property

 

The entire content of the Website, including but not limited to creations, illustrations, images, photographs, graphics, videos, logos, trademarks, designs, trade names, signs, domain names, texts, databases, etc. (hereinafter the "Content") is protected by intellectual property rights (copyright, neighboring rights, trademark law, design law, databases sui generis law, etc.), in accordance with French law and international conventions. 

 

The Content of the Website and the intellectual property rights attached to it belong exclusively to CE and/or its co-contractors and partners.

 

Any use, dissemination, reproduction, representation, total or partial imitation of the Content of the Website, of any nature and for any cause, without prior written CE’s permission, are strictly prohibited and may lead to civil and criminal sanctions.

 

CE will not be held responsible for any infringement by a User of the rights of third-parties arising out of the User’s activities on the Website.

 

Article 3: Hyperlinks

 

The Website may contain, for information purposes, hyperlinks to  third-party Websites or Internet sources whose information, content, advertising, products and services offered, which may evolve after the creation of such links, are neither controlled nor monitored by CE and are published under the exclusive responsibility of the natural or legal persons responsible for these third-party Websites or Internet sources.

 

Users must consult the legal information (terms of use, legal mentions, privacy policy, etc.) on the websites to which they may access through the hyperlinks contained on the Website, before using them under their sole and complete responsibility.

 

Unless prior written consent from CE, Users are not allowed to post on their own website or any other medium, a hyperlink allowing access to the Website, nor to insert, on the Website, a hyperlink directing Users to another website. More generally, any use of an element of the Website must be previously and expressly authorized by CE, which reserves the right to revoke its authorization at any time.

 

Article 4: General 

 

The Terms of Use are subject to regular updates. Changes to the Terms of Use will apply from their first online release.

 

If any provision of the Terms of Use is invalidated by any Law, Regulation or final decision of a competent court, the remaining provisions shall remain in full force and effect.

 

Article 5: Applicable law - Competent courts 

 

The Terms of Use are subject to French law and any disputes that may arise concerning the validity, interpretation or performance of the Terms of Use shall be submitted to the competent courts within the jurisdiction of the Paris Court of Appeal. 

 

The User, who have the status of consumer, is informed that in the event of a dispute between the Parties relating to the validity, interpretation or execution of the Terms of Use, he/she has 1) the opportunity to go to the European Platform for Online Dispute Resolution and 2) the right to refer the matter to a consumer mediator, pursuant to Article L.612-1 of the French Consumer Code, whose contact details are as follows:

 

Consumer Mediator

Association of European Mediators - AME CONSO

https://www.mediateurseuropeens.org

11 place Dauphine - 75001 PARIS

09.53.01.02.69

 

If the amicable settlement attempt or mediation fails, any dispute between the Parties will fall under the exclusive jurisdiction of the competent courts within the jurisdiction of the Paris Court of Appeal, even in the case of impleading of third parties or plurality of defendants.

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