These General Terms and Conditions of Use (hereinafter the "GTCU") describe the terms and conditions under which MYSE provides a service for the selection of works and the creation of a personalized catalog, in the context of a museum visit (hereinafter the "Service") by a user (hereinafter the "User") via a mobile application called MYSE (hereinafter the "Mobile Application").
In this context, it is specified that these Mobile Application GTC are intended to govern the relationship between the User and MYSE.
Access to this Service is subject to compliance with these GCU.
The User wishing to access the Mobile Application must have read these Terms and Conditions beforehand, which he accepts and undertakes to respect unreservedly.
GCU: refers to the present conditions of access and use of the Mobile Application and Service.
Mobile Application: refers to the technical device developed and published by MYSE called MYSE, allowing access to the Service and which can be downloaded by the User on his mobile terminal after acceptance of these GCU. The mobile application is available on smartphones with Android and IOS operating systems.
Service: refers to all the services described on Google Play and Appstore offered by MYSE to the User
User: refers to the natural person of legal age who owns a mobile terminal on which the Mobile platform is downloaded in order to access the Service.
Publisher: refers to the company that publishes the MYSE mobile application
The MYSE mobile application is developed and published by MYSE SAS, a company with share capital of €1000, headquartered at 14 rue Visconti 75006 Paris, France
For all correspondence, please contact MYSE at the following e-mail address firstname.lastname@example.org
The Service is hosted by Eda, whose head office is located at grande roulière 79150 Voulmentin, France
The publisher reserves the right to refuse access to the Mobile services or to interrupt it, unilaterally and without prior notice, to any User who fails to comply with these GCU or with the regulations in force.
The publisher uses all reasonable means at its disposal to ensure quality access to the Mobile Application. However, it is specified that it is not bound by any obligation of result to achieve this. Consequently, the User acknowledges that the Editor may not be held liable for any prejudicial consequences suffered by the User as a result of the unavailability, suspension or interruption of the Mobile Application.
In addition, the publisher cannot be held responsible for any network or server malfunction or any other event beyond its reasonable control that prevents or impairs access to the Mobile Application.
The publisher reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Mobile Application, in order to carry out maintenance, or for any other reason, without this interruption giving rise to any obligation or compensation for the User.
The Service consists in providing the user with functionalities enabling him to scan the cartel of works (work description) exhibited in the Museum, and to select these works, in order to enable him to create a personalized catalog of the works he has selected during his visit to the Museum. Users can personalize their catalog by taking a photo and adding a text, limited to 40 characters, which will be displayed on the catalog cover.
Once the catalog has been created digitally, the user will have the choice of editing it in pdf format, having it printed directly in the museum store, or having it delivered to their home. Users must fill in their contact details to enable the catalog to be printed and delivered. Pricing for these offers is automatically displayed before payment at the museum store. Once the print mode has been selected, a barcode is displayed, which can be presented at the museum store checkout to pay for the purchase.
The user will then receive his or her catalog in the chosen format (pdf, immediate print, home delivery).
The Parties acknowledge that by accepting the General Terms and Conditions of Use of the Mobile Application, the user acknowledges that he/she will use the Service under his/her sole and entire responsibility, in particular with regard to the information he/she transmits to other persons.
It is expressly agreed that the publisher cannot be held responsible for transmission delays or any other technical incident caused by the user's mobile operator or Internet network.
Use of the service requires :
- possession of compatible equipment (a mobile terminal);
- a telephone subscription enabling Internet access;
- a cell phone compatible with the mobile application: Android and IOS smartphones;
- a wi-fi or 3G, 4G or 5G connection on your phone;
- the Mobile Application enabling access to the service must be downloaded by the user onto his/her mobile terminal.
All pages, scripts and icons on the mobile application are the exclusive property of L'éditeur and are subject to an authorization of use.
No element may be copied, reproduced, modified, republished, loaded, distorted, transmitted or distributed in any way whatsoever, in any medium whatsoever, in whole or in part, without the prior written consent of the publisher
Any total or partial representation of the Mobile Application by any means whatsoever without the express authorization of the publisher is prohibited and constitutes an infringement that may incur the civil and criminal liability of its author.
The User acknowledges that he/she has the necessary skills and means to access the Service.
In particular, he/she declares that he/she has checked that the computer configuration of the Internet connection used does not contain any virus and is in perfect working order.
The publisher cannot be held responsible for any malfunction of the latter.
In using the Service and the mobile platform, the User undertakes not to engage in acts of any kind whatsoever that would be contrary to French law or that would infringe French public policy or the rights of a third party.
The User acknowledges that he/she uses the Service under his/her sole and exclusive responsibility, in particular with regard to the information he/she transmits via the Service.
The User accepts and acknowledges that the Editor is bound by an obligation of means and may not under any circumstances be held liable for any loss, prejudice or indirect damage of any nature whatsoever resulting from the management, use, operation, interruption or malfunction of the Service and/or the Mobile platform.
The publisher is not involved in any dispute that may arise between the user and his mobile operator.
The Editor shall not be held liable, or be deemed to have breached the GCU, for any suspension of the Service where such suspension is due to a case of force majeure as defined by French case law, including the interruption, suspension, reduction or disruption of electricity or other services, or any interruption of telecommunications networks.
The User declares that he/she is aware that the suppliers of the materials, software and telecommunications infrastructures used in these areas do not offer an absolute guarantee of the correct operation of their services.
As a user of technologies or infrastructures developed and supplied by third parties, the Editor cannot guarantee that its Service will be totally uninterrupted and without delay, especially in the event of a "bug" or product updates.
The publisher reserves the right to modify the content of its Service, without altering it, at any time and without prior notice.
The publisher also reserves the right to make access to its Web Service temporarily unavailable for maintenance or updating procedures.
The Application is made available by The Publisher in compliance with the regulations relating to the protection of personal data currently in force and in particular Regulation (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 known as the "RGPD", the provisions of Law 78-17 of 6 January 1978 relating to Data Processing, Files and Individual Liberties, as well as all applicable national and international legal provisions.
The User is informed that the data collected is anonymous and optional. The User may modify and/or update the information and personal data entered by accessing the dedicated interface in the settings section.
The data transmitted by the user in the context of sending his or her Catalogue is secured in order to ensure complete confidentiality. The sole purpose of storing this data is to enable the user to re-edit his or her catalog and benefit from information and offers from Myse. Enhanced security measures have therefore been implemented to ensure that personal data (including administrative data) is collected and processed under conditions that guarantee its confidentiality, integrity and, more generally, its security, in compliance with the provisions of law 78-17 of January 6, 1978 on Data Processing, Data Files and Individual Liberties, as well as applicable legal provisions.
The user may assert their right to request access to Data, rectification or erasure of Data, portability of Data to a Third Party, limitation of Processing, their right not to be the subject of an automated individual decision (including profiling) as well as the right to object to Processing by sending a request by e-mail to the following address:
Contact@myse.museum, and SAV Myse 14 rue visconti 75006 Paris
All requests must be clear, precise and justified, accompanied by a copy of an identity document and carried out in accordance with the applicable legal framework.
Data Subjects may lodge a complaint with the CNIL
3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07
Tel: 01 53 73 22 22 /Fax: 01 53 73 22 00
Or at www.cnil.fr/fr/plaintes or www.cnil.fr
The user concerned is informed that in the event of opposition to the Processing or if he/she transmits erroneous or fanciful Data, the services linked to the collection of Data cannot be rendered, and the Data Controller cannot be held liable in any way in this respect.
Where Data Subjects make requests to MYSE directly to exercise their rights, MYSE will send these requests to the Customer by e-mail as soon as they are received.
MYSE also undertakes to respond to requests for information from the Customer as soon as possible, in order to enable the latter to respond to requests from Data Subjects relating to the exercise of their rights.
The parties agree to perform their obligations in good faith.
The parties undertake to obtain all legal and administrative authorizations required for the performance of the present contract.
These GCU come into force upon acceptance by the User, and are concluded for an indefinite period, unless terminated by the Publisher under the conditions of the article "Resolution - Termination".
The parties mutually agree that the fact that one of the parties tolerates a situation does not have the effect of granting the other party acquired rights. Furthermore, such tolerance cannot be interpreted as a waiver of the right to assert the rights in question.
In the event of a breach by the User of these GCU or in the event of inactivity on the account for a full period of one year, L'éditeur may automatically terminate or rescind these GCU. Termination or cancellation of these GCU by L'éditeur will result in immediate withdrawal of access to the Service by the User. In the event of the User's failure to comply with his obligations, the User shall not be entitled to any compensation.
The GCU are governed by French law and language.
They may be modified by the editor at any time, in particular in the event of technical, legal or jurisprudential developments or the introduction of new services.
In the event of modification of their content, the User agrees to accept the new GCU.
Failing this, you are informed that you will no longer be able to benefit from the Service or access the Mobile platform.
In the event of disputes or claims arising from the User, the Publisher or a third party, relating to the use of the Service, the GCU which will be binding between the parties will be those in force at the date of the dispute or claim.
In the absence of an amicable solution, any dispute that may arise between the parties in connection with the formation, performance or interpretation of the GCU shall fall within the exclusive jurisdiction of the court located in the area of Myse's registered office.