General Terms & Conditions of Use of the Website www.mecenavie.com
Welcome to the MECENAVIE website.
This site was designed as an interface dedicated to the promotion of contemporary artists, on which each Member Artist enjoys a Personal Space providing him/her with visibility, the opportunity to sell his/her artwork, and access to events such as art fairs, auctions, temporary exhibitions and corporate exhibitions, facilitated by MECENAVIE.
The purpose of these General Terms & Conditions of Use (“GTCU”) of MECENAVIE’s website – accessible at www.mecenavie.com or at any other website that may come to replace it (“the Website”) – is to define the conditions under which Member Artists can manage their personal spaces and be connected with potential buyers.
Please read through these GTCU, to which you agree to comply with in order to use the Website.
For the purpose of the present GTCU, the below terms will be understood as follows:
MECENAVIE: the limited liability company MECENAVIE, registered with the Trade and Companies Registry of Evry, France, under number 481 598 993, and host of the website, www.mecenavie.com.
Member Artist: an individual, artist, having authorship on his/her Artworks, and who has subscribed a membership agreement with MECENAVIE, subject to the present GTCU, for access to the Website.
Personal Space: web page or storage space made available by MECENAVIE to a Member Artist, in return for his/her subscription as a Website member. This Personal Space is strictly personal to the Member Artist, and is both inalienable and non-transferable.
General Terms & Conditions of Use (GTCU): the present general terms and conditions, as well as any appendices, riders or updates hereto.
Special Terms & Conditions: the special terms and conditions entered into between the Member Artist and MECENAVIE, defining the specific conditions applicable to relations between the parties, including the membership period and the terms of payment of the membership fee.
Artwork: the Member Artist’s artistic creation, to which the Member Artist holds all of the required rights (including copyrights), a reproduction of which he/she has published on the Website.
Guest User: any third party visiting the Website, with access to the Personal Spaces and the Artworks.
Buyer: any Guest User on the Website, with access to the Personal Spaces and wishing to acquire one or more pieces of Artwork from one or more Member Artists.
Each of the Member Artists subscribes a membership with MECENAVIE for the Website, the duration, fee and payment terms of which are defined in the Special Terms & Conditions between MECENAVIE and the Member Artist.
The membership only becomes final after payment in full of the membership fee, although MECENAVIE may accept payment by monthly installments.
The membership is concluded for a period of 12 or 24 months, as per the Special Terms & Conditions, and is, in all cases, tacitly renewable at expiration, for a period equal to the initial membership period. If the Member Artist does not wish to renew this membership, he/she must notify MECENAVIE at least two months prior to the expiration date, by registered letter with return receipt.
The Member Artist acknowledges that his/her subscription is strictly personal and undertakes to provide accurate information in order for this subscription to take full effect, notably as regards his/her identity and contact information.
At the time of subscription, the Member Artist selects a personal user ID and password, the confidentiality of which will be his/her responsibility. In choosing a user ID, the Member Artist undertakes to refrain from infringing on any third-party rights whatsoever (brand names, copyrights, personality rights, etc.).
MECENAVIE recommends choosing a sufficiently secure password and may not, in any case, be held responsible for any unauthorized use of the Member Artist’s Personal Space by third parties. Nevertheless, if the Member Artist becomes aware of access to the Website by any person other than him/herself, using his/her own user ID and password, he/she undertakes to immediately inform MECENAVIE thereof.
Guest Users and Buyers are not required to subscribe to a membership in order to view and/or contact the Member Artist. Nevertheless, in order to purchase any Artwork, Buyers must register and provide the necessary information for processing any purchase, including their identities and contact information.
All users of the Website (Member Artists, Guest Users and Buyers) represent that they are at least 18 years of age and are able to enter into contractual agreements, and agree to the present GTCU.
Provided his/her subscription is final, MECENAVIE will provide each Member Artist with a Personal Space, on which he/she can publish the Artwork of his/her choice, of which they are the author or sole rights-holder and through which they can organize their visibility and promotion on the Website.
The Member Artist will have a Personal Space with an unlimited storage capacity.
The Member Artist acknowledges that, although MECENAVIE will make every effort to ensure that the Website is up and running, it is possible that access to the Website may be temporarily suspended or limited, due to the nature of the Internet. Such suspended or limited access may, in particular, occur due to updates, maintenance, repairs, enhancements or functionality-adding operations, or even malicious acts by third parties.
MECENAVIE will endeavor to limit these suspensions or limitations of access to the Website but, given that these are necessary and/or inherent to any website, MECENAVIE may not, under any circumstances, be held liable for the reasonable consequences of such operations, notably in the event that conclusion of a sale of Artwork becomes temporarily impossible.
For these same reasons, the Member Artist acknowledges that these operations will not entail either a full or partial refund of the Website membership fee, unless the suspension or limitation of access is greater than or equal to fourteen consecutive days.
Content published by the Member Artist on his/her Personal Space
The Member Artist acknowledges that he/she is the sole publisher of his/her Personal Space and, to this end, is entirely and primarily responsible for any publications he/she makes on said Personal Space.
The Member Artist undertakes to publish, on this Personal Space, only Artwork of which he/she is the author or to which he/she holds all of the required rights and authorizations, and undertakes to refrain from publishing any content that might infringe on any third-party rights whatsoever (brand rights, copyrights, design rights, personality rights, etc.).
Pursuant to the provisions of French Law 2004-575, of June 21, 2004, on confidence in the digital economy (commonly referred to as “LCEN”), the Member Artist also undertakes to refrain from publishing of content that violates public policy, notably content that defends crimes against humanity, serves as an incitement to racial hatred or that relates to child pornography (“Manifestly Illegal Content”).
To this end, MECENAVIE, in its capacity as host and not as content publisher, cannot be held liable for the publication of either content that infringes on third-party rights or of Manifestly Illegal Content, and the Member Artist will hold MECENAVIE harmless in full against any claims, allegations of liability or legal actions that a third party may bring against it on the grounds of the content published online by the Member Artist, including any claims of infringement.
In accordance with the provisions of the LCEN, the Member Artist acknowledges that MECENAVIE may be required to remove Manifestly Illegal Content, or other content for which it may receive a notification, from the Member Artist’s Personal Space. This removal may be performed immediately, without notice to the Member Artist, in the case of Manifestly Illegal Content. In the event of a third party notifying MECENAVIE of any rights infringement whatsoever, removal of the content notified as unlawful may occur if the Member Artist fails to remedy the matter him/herself, within twenty-four hours of MECENAVIE’s request to do so.
MECENAVIE also reserves the right to deny access to, suspend or disable a Personal Space, if the Member Artist violates any applicable laws or the present GTCU. In such instance, the membership fee will not be refunded.
The Member Artist acknowledges that only one Personal Space will be opened for him/her per paid membership, which is strictly personal to the Member Artist, inalienable and non-transferable to any third party whatsoever, for any reason whatsoever.
Guest Users and Buyers will have the possibility of voting for the Artwork that they like or appreciate, or that is a particular favorite of theirs. Each identified IP address can only vote once for a given piece of Artwork.
This allows the Member Artists to gauge the popularity of their work, and MECENAVIE may use these data for any purpose, including for promotional purposes.
MECENAVIE is the corporate and trading name of MECENAVIE and is a French registered trademark. Consequently, this name is protected as such.
All of the architecture of the Website and its modules, including its text, graphics and logos, are the exclusive property of MECENAVIE and, to that end, may not be reproduced without its prior consent.
Content published online by the Member Artist
The Member Artist represents and warrants that he/she holds the rights to the content that he/she publishes on his/her Personal Space. However, he/she acknowledges that, in the event of removal of any content from his/her Personal Space, it is possible, by the very nature of the Internet, that backup copies thereof may continue to exist for a variable period of time.
The Member Artists’ Artwork is covered by MECENAVIE’s automatic copy protection system.
The Member Artist acknowledges that, for the operation and promotion of the Website and of MECENAVIE’s activities, MECENAVIE must benefit from a number of authorizations, notably for the purpose of hosting, storing, conserving or communicating the Artwork published by the Member Artist on his/her Personal Space.
The Member Artist hereby grants MECENAVIE a free, non-exclusive, transferable, sub-licensable, worldwide license to use the content published on his/her Personal Space.
In particular, the Member Artist grants the authorizations defined below to MECENAVIE, for the Artwork published on his/her Personal Space, for the purpose of any use thereof, especially for operation of the Website and promotion of the Member Artist and MECENAVIE’s activities, whether or not for public or commercial use:
the right to reproduce, print, save all or part of the Artwork, by any means, notably by digitization, on any medium, namely hard copy, analog, digital (including CD-ROM, DVD, DivX, memory card, hard drive, web server, Intranet, diskette, book, magazine or MECENAVIE catalog) or optical, as well as on any other medium and in any format, whether existing or future;
the right to perform / present all or part of the Artwork, by any means and using any processes, whether existing or future, on any media, including Internet, Intranet and Extranet and, in particular, on the Website;
the right to produce any version of all or part of the Artwork, in French or another language, and in any programming language, and, more generally, the right to translate, arrange, modify, adapt or transform all or part of the Artwork, for the purpose of any type of use, particularly for online publication, distribution and use on the Website, in any language in which the latter may be available; and
the right to publish, distribute, release / re-release or lend reproductions of all or part of the Artwork, either free of charge or for a fee, notably for the purpose of its insertion into MECENAVIE’s promotional catalogs.
These authorizations will take effect as and when the Member Artist publishes the Artwork on his/her Personal Space and are granted for the duration of the artist’s membership with MECENAVIE.
The Member Artist acknowledges that, when he/she publishes Artwork on his/her Personal Space, it may be visible from third-party websites, notably via search engines.
Furthermore, if the Member Artist elects to incorporate links or redirect his/her publications on his/her Personal Space, to or from other social networks, he/she alone will control the publishing and privacy parameters of his/her personal accounts on those other websites.
MECENAVIE respects the rights of third parties, whether these be intellectual property rights or personality rights. If you believe that any content on the Website infringes on any of your rights whatsoever, please first notify the Member Artist, who is the sole publisher of the content on his/her Personal Space.
If you receive no response from the Member Artist, or in the case of an unsatisfactory response, you may contact MECENAVIE at 65 rue Jean Raynal, 91390 Morsang-sur-Orge, France, providing the following information:
the date of your notification;
if you are an individual, your full name, profession, address, nationality, and date and place of birth; or, if you are a legal entity, your legal form, name, head office address and the body that legally represents you;
a description of the disputed facts and their exact location;
the reasons why the content should be removed, including the applicable legal provisions and proof of your claims; and
a copy of the correspondence sent to the Member Artist regarding the disputed information or activities and requesting their termination, withdrawal or modification, or proof that the Member Artist could not be reached.
Connection of Member Artists with Buyers
MECENAVIE’s role in these connections
By means of the Website, MECENAVIE enables the connection of Member Artists with Guest Users and/or Buyers, with a view to the possible sale of one or more pieces of Artwork by one or more Member Artists. MECENAVIE, as such, is not the Member Artist’s agent. Its role is limited to connecting the Member Artist with prospects who may become Buyers.
MECENAVIE is not empowered to negotiate and/or conclude any sales agreements with the Buyers, relating to the Artwork.
MECENAVIE does not own the Artwork presented on the Website and at no time comes into possession of that Artwork. The Member Artist is the sole owner thereof until ownership is transferred to the Buyer.
As a result, MECENAVIE is capable neither of supplying any guarantees to Buyers, as to the real or presumed quality of the Artwork they are acquiring, nor of guaranteeing the Member Artist that the sale of his/her Artwork will be final and not subject to a right of withdrawal, return or any other dispute.
MECENAVIE undertakes to immediately transmit any purchase offers sent to it by a Guest User or Buyer, to the Member Artist.
Sales agreements are negotiated and concluded directly between the Member Artist and the Buyer. In general, they are concluded under condition of the Member Artist’s confirmation of the availability of the Artwork selected by the Buyer and of the latter’s payment in full of the sale price.
When publishing an Artwork, the Member Artist undertakes to clearly identify, on his/her Personal Space, which pieces are available for sale and which are only published as examples of his/her work. The Member Artist undertakes to keep his/her Personal Space as up-to-date as possible, so as not to misguide any Guest Users or Buyers.
The Member Artist freely sets the sale prices of his/her Artwork, which prices he/she communicates to Guest Users and Buyers by publishing them on his/her Personal Space. Unless otherwise stated, all prices are listed in euro (EUR).
The Member Artist is the one to make a sales offer, and the Buyer expresses his/her intention of accepting the offer by clicking on “Add to shopping cart.” Once the Artwork has been selected and placed in the shopping cart, the Buyer must click on the cart and verify the contents of his/her order.
After the Buyer confirms the contents of his/her shopping cart and logs in, a form summarizing the contact information provided, the price(s) of the Artwork(s), applicable taxes and, if applicable, the shipping / delivery charges, will be displayed, allowing him/her to again verify the order’s contents before validating the order.
The Buyer is then asked to make a secure payment for the total cost of the order, by following the instructions on the Website, and to supply or confirm all of the billing and shipping information for the Artwork.
After submitting his/her payment and delivery information, the Buyer must confirm the order by clicking on the confirmation button.
A copy of the order confirmation will automatically be emailed to the Buyer, at the e-mail address provided by the latter. This order confirmation is automated and does not constitute an invoice.
Payment is made into an escrow account, in the name of MECENAVIE, which will then inform the Member Artist thereof.
A Member Artist receiving confirmation from MECENAVIE that his/her sales offer has been accepted by a Buyer, at the requested price, cannot refuse the sale.
The sale is considered to have been concluded on receipt of payment of the sale price into the escrow account.
Upon receipt of this payment, MECENAVIE will send the Buyer’s contact information and delivery address to the Member Artist.
Shipping / Delivery costs
The Member Artist will bear full costs of shipping and delivery whenever the Artwork is to be delivered within the territory of Metropolitan France.
In the event of delivery outside Metropolitan France, the Member Artist may make financial arrangements directly with the Buyer (cost sharing).
The Member Artist undertakes to ship the purchased Artwork as quickly as possible and within a maximum of fifteen days from receipt of the Buyer’s information. This shipment must be secure and tracked, namely to protect the integrity of the purchased Artwork and to be able to provide proof of its receipt by the Buyer.
Receipt and payment to the Member Artist
The Member Artist undertakes to send MECENAVIE a copy of proof of the Buyer’s receipt of the acquired Artwork, either by email or regular mail.
Within ten days of receipt of this proof of delivery to and acceptance by the Buyer, MECENAVIE will pay the amount paid by the Buyer at the time of conclusion of the sale, to the Member Artist.
MECENAVIE will retain 10% (ten percent) of the sale price of the Artwork, before taxes, which will be forfeited to it in the name of a commission.
If the Artwork does not arrive in good condition, the Buyer will have the right to refuse the sale. In this case, the Member Artist undertakes to pay the return shipping costs. The Artwork must be returned to the Member Artist in its original shipping package or an equivalent package, in its condition on delivery and accompanied by the original invoice, within a maximum of fifteen days. MECENAVIE undertakes to reimburse the Buyer within thirty days of the Member Artist’s receipt of the Artwork. If the packaging is damaged on delivery, the Buyer will have the right to refuse delivery of the Artwork. He/She must then notify MECENAVIE within twenty-four hours. In the event of any claims, the Buyer can contact MECENAVIE at: email@example.com.
Communications on and participation in MECENAVIE events
MECENAVIE will issue communications, via the Website, regarding the various events in which it will be participating, including art fairs in France and/or abroad, auctions, exhibitions (including corporate), etc.
The Member Artists will have the possibility of submitting an application to participate in these events, under conditions specific to each of them. Application forms are to be sent to MECENAVIE, which reserves the right to accept or decline the application. If approved, MECENAVIE will send a confirmation email to the Member Artist, who will then be directed toward the Website’s payment page. Payment is to be made directly online and a space in the event will be reserved for the Member Artist after receipt of said payment.
MECENAVIE collects and processes the Member Artists’, Guest Users’ and Buyers’ personal data, for the purpose of managing its relationships with them, including for the processing of Member Artists’ membership, supply of their Personal Spaces, connections between parties with a view to the ordering and sale of Artwork, for order tracking, and for promotional and marketing operations. The recipients of these data are MECENAVIE’s in-house departments, which may, however, also transmit these data, as necessary, to MECENAVIE’s attorneys, to regulatory or judicial authorities, or to its business partners, notably for participation in events (art fairs, sales, exhibitions and other) with the concourse of third parties.
Pursuant to the provisions of the French Data Protection Act of January 6, 1978, the Member Artists, Guest Users and Buyers have the right to access and correct their personal data. This right can be exercised by sending an email to the following address: firstname.lastname@example.org.
The Member Artist’s membership is concluded for an initial period of 12 or 24 months, as defined by the Special Terms & Conditions. It is tacitly renewable at expiration, for a period equal to the initial membership period.
The Member Artist may terminate this membership:
by exercising his/her right of withdrawal within seven days of his/her subscription;
at each expiration date of the membership, subject to giving two months’ notice to MECENAVIE, by registered letter with return receipt; or
in the case of a substantial increase in the annual membership fee, in which case the membership may be terminated by registered letter with return receipt, within two months of notification of this increase from MECENAVIE.
MECENAVIE may terminate this membership:
in the event of non-payment of the membership fee, if not remedied by the Member Artist within fifteen days of MECENAVIE’s notification thereof, which notification may be sent by email, fax or registered letter with return receipt; or
in the event of the Member Artist’s violation of the applicable legal provisions and/or the present GTCU – particularly the provisions of Article 3, above – if not remedied by the Member Artist within fifteen days of MECENAVIE’s notification thereof, which notification may be sent by email, fax or registered letter with return receipt. In such instance, there will be no refund of the membership fee.
Updates and final provisions
Nevertheless, MECENAVIE may subsequently update or modify the present GTCU and, therefore, recommends that the Member Artists, Guest Users and Buyers check them regularly. Whenever an update or change is made, the new version of the GTCU will be published on the Website. The Member Artists, Guest Users and Buyers acknowledge and agree that their continuous or intermittent use of the Website, after modification of the GTCU, will constitute their acceptance of the amended GTCU.
The present GTCU shall be governed by French law. Any disputes regarding the interpretation, validity or application hereof, and which cannot be amicably resolved, will fall under the jurisdiction of the competent courts of Paris.