General Terms and Conditions of Use (GTCU)

1. Preliminary provisions

1.1 The MECENUS solution is a web platform accessible at the URL www.mecenus.com published by the company MESCENES PRODUCTIONS (hereinafter " MESCENES PRODUCTIONS ") enabling structures eligible for sponsorship to be put in contact with sponsors acting in a professional or private capacity.

1.2 The present general conditions of use (hereinafter the " GCU ") apply in their entirety and constitute the essential and determining conditions of any use of the Site by any user, legal entity or individual, wishing to provide financial support on the Site (hereinafter the " Sponsor ") to structures eligible for sponsorship within the meaning of the provisions of article 200 and 238 bis of the French General Tax Code, whether public or private (hereinafter the " Structures "). Use of the Site is free of charge for the Patron.

1.3 By creating an account on the Site, and a fortiori by clicking on "I accept the Terms and Conditions of Use", you agree to be bound by the Terms and Conditions of Use.

1.4 If one of the clauses of the GCU should be null or void, for any reason whatsoever, the other clauses of the GCU will continue to apply and the parties undertake to negotiate in good faith to replace or modify the void clause. The fact that MESCENES PRODUCTIONS does not take advantage at a given moment of any clause of the GCU cannot be interpreted as a renunciation to take advantage at a later date of the GCU or of the said clause.

1.5 The GTU applicable are those in force at the time of the creation of an account. The company MESCENES PRODUCTIONS reserves the right to modify the GCU at any time, subject to informing the Patron, by email, at the latest two (2) months before the effective date of application (except legal or regulatory constraint imposing an urgent modification of the present GCU). After this period, any new version of the GCU will automatically replace the previous version, and MESCENES PRODUCTIONS reserves the right to make any modification to the Site, without the Patron shall have any right to compensation.

2. Definitions

For the purposes of these GCU, the words and expressions hereinafter defined shall have the meanings set out below when spelt with a first capital letter, whether used in the singular or plural.

3. Account creation

3.1 In order to use the Solution, the Patron's legal representative or sponsorship representative must create a personal account on the Solution. The User's account is strictly personal and is linked to the Sponsor. Each of the Patron's establishments must have an account. The legal representative guarantees that he/she has the legal authority to bind the Patron to the creation of an account.

3.2 The User or the Patron's legal representative must then continue the registration process by filling in the information concerning the Patron required on the Solution.

3.3TheSponsor undertakes to provide accurate, complete and up-to-date information. In the event of inaccurate or erroneous information, MP reserves the right to suspend the account in order to obtain the necessary clarifications or corrections, or even to delete the account in the absence of information enabling the veracity of the information provided to be established.

4. Using the Solution & making Donations

4.1 The creation of a User account enables the Patron to use the Solution and consult the Projects published by the Structures. The Patron can then choose a Project from a Structure in order to make a Donation via the Solution.

4.2 In order to validate a Donation to a Structure, the Patron must proceed with its payment via the STRIPE payment module available on the Solution. As soon as the Donations are paid and completed by the Patron, they are immediately and fully transferred to the Structure via the STRIPE payment solution. Receipt of the Donation triggers the issue to the Patron of a tax receipt as provided for by the French General Tax Code, entitling the Patron to a tax reduction. The tax receipt is issued via the Solution in the name and on behalf of the Structure, which expressly mandates MESCENES PRODUCTIONS to issue these receipts. The Patron's tax receipts can be downloaded from his account on the Solution. The Patron is solely responsible for keeping these tax receipts and related elements as proof, particularly in the event of a request from the tax authorities. The Patron remains solely responsible for complying with his or her tax obligations and is informed of the need to obtain information on the specific tax aspects of his or her activity or of the Donations he or she makes via the Solution.

4.3 MESENES PRODUCTIONS does not apply any fees to the Sponsor when a Donation is made via the Solution. The operating costs of the Solution are borne by the Structures.

5. Responsibility of MESCENES PRODUCTIONS

MESCENES PRODUCTIONS is not a party to the contract and the contractual relationship between the Structure and the Patron. The Sponsor remains solely responsible for compliance with its legal and fiscal obligations and for the execution of the contract with the Structure.

The company MESCENES PRODUCTIONS is only held to an obligation of means in the execution of the services proposed on the Solution. The company MESCENES PRODUCTIONS undertakes to make its best efforts to secure access to and use of the Solution and is free to choose the most appropriate form and technical means to make available to the Structure all the functionalities of the Solution.

The Solution may be temporarily unavailable during maintenance operations, curative or evolutionary, necessary for the proper functioning of the Solution and in the event of the occurrence of an event beyond the control of the company MESCENES PRODUCTIONS (such as in particular a decision of the host of the Solution, independent of the will of the company MESCENES PRODUCTIONS). Maintenance operations will take place at the discretion of the company MESCENES PRODUCTIONS, the company MESCENES PRODUCTIONS will nevertheless endeavour to inform the Structure.

In the event of a technical failure affecting the operation of the Solution, the company MESCENES PRODUCTIONS undertakes to make its best efforts to restore the operation of the Solution as soon as possible. The company MESCENES PRODUCTIONS cannot be held responsible for the non-performance of any of its obligations towards the Structure in the event of force majeure, meaning in particular any event such as hacking of the Solution, interruption or breakdown of the telecommunication systems of the service providers of the company MESCENES PRODUCTIONS, in particular the hosts (fire, flood, etc.).

The company MESCENES PRODUCTIONS cannot be held responsible for external intrusions, the presence of computer viruses in the computer system of the Sponsor, the possible consequences of an alteration, total or partial, of the functioning of the Solution originating from a misuse of the Solution, the non-functioning or slowness of the telecommunication network of the Structure. The liability of MESCENES PRODUCTIONS is excluded for any default or non-performance not exclusively resulting from its fault, in particular in the event of non-performance of its obligations by the Sponsor. In particular, MESCENES PRODUCTIONS cannot be held responsible for data entered or imported into the Solution by the Sponsor, or for access rights granted by the Sponsor to third parties. The Sponsor guarantees the company MESCENES PRODUCTIONS against any condemnation or transaction (civil, administrative or penal) which would be pronounced against him within the framework of legal actions having as cause or object all actions relating to the Data informed or imported by the Sponsor in the Solution (texts, images, ...), including in particular the expenses of lawyer and expertise and the expenses and losses which could result from it for the company MESCENES PRODUCTIONS.

In any event, the liability of MESCENES PRODUCTIONS excludes in particular any indirect, consequential or immaterial damage, and including in particular any lost profit, loss, commercial prejudice, loss of sales, loss of clientele, loss of chance, and is, in any event, limited to the amount paid by the Structure during the current contractual year.

6. Personal data

The parties undertake to process personal data in accordance with the regulations applicable to the protection of personal data, and in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, which came into force on 25 May 2018 (the "RGPD"). They undertake to comply with all the obligations incumbent on them respectively in their capacity as data controllers. For the purposes of concluding, managing and executing the GCU and monitoring the contractual relationship, each party processes the personal data of its natural person interlocutors, employees or managers of the other party (hereinafter the "Contact").

The processing of the personal data (such as surnames, first names, contact email addresses) of these Interlocutors is necessary for each of the parties to execute the GCU.

The parties will not transfer any personal data outside the European Union. The data of the Contact Persons of one party may be communicated by the other party to an administrative authority in the event of an inspection (DGCCRF, CNIL, tax authorities, etc.), to an administration or a court in the event of an administrative or judicial decision, or to counsel in the context of a dispute relating to the performance of the relationship between the parties. The disclosing party will immediately inform the other party. Each party undertakes to keep the personal data of the other party's Interlocutors for the duration of the GCU and for a maximum period of three (3) years from the last Donation by the Patron or, in the absence of Donations, from the date of registration on the Solution. Each party undertakes to inform the other party of any update relating to the personal data of the Interlocutors concerned. Each party is responsible for informing its Interlocutors of the processing of their personal data by the other party. Each party's Interlocutors have the right to access, rectify, port and delete their data, as well as the right to oppose and limit the processing of data concerning them. They may send their request, together with a copy of their identity document, to the other party's data protection officer. Contact details for the data protection representative at MESCENES PRODUCTIONS

The persons concerned have the right to lodge a complaint concerning the processing of their personal data by MESCENES PRODUCTIONS with the CNIL (Commission Nationale Informatique et Libertés) https://www.cnil.fr. Any person whose personal data is collected may define general or specific directives concerning the conservation, deletion and communication of their personal data after their death.

The terms and conditions governing the processing of the Patron's personal data are set out in the privacy policy.

7. Commercial reference

The company MESCENES PRODUCTIONS is expressly authorized to use the name of the Structure or any other distinctive sign belonging to it as a commercial reference, in particular in commercial presentations, for prospects or Customers, in press releases indicating commercial references, on its website, on its company pages in social networks or within the framework of the publication of testimonials.

8. Intellectual property

8.1 Intellectual property rights granted to the Sponsor

Subject to full compliance with these GCU, MESCENES PRODUCTIONS grants the Sponsor, for the entire duration of use, a personal, non-exclusive, non-transferable, non-transferable and revocable right to use the Solution for the purposes of access by users to the Solution, for the entire territory of the world. The GCU do not confer on the Sponsor and users any title or right of ownership over the Solution.

8.2 Intellectual property rights of the company MESCENES PRODUCTIONS

The Sponsor is prohibited from copying, reverse engineering, modifying, in particular by decompiling, altering, adapting, in particular by translating, arranging and more generally modifying all or part of the Solution and its constituent elements (tree structure, database, etc.). 

Nor may it permanently or temporarily reproduce the Solution in whole or in part, by any means and in any form. In the absence of prior, express and written agreement from MESCENES PRODUCTIONS, the Structure is not authorized to :

• To extract, transfer in a permanent or temporary way the totality or a qualitatively or quantitatively substantial part of the contents of the Solution and/or the database of the company MESCENES PRODUCTIONS (on another support whatever it is, and this, by any means or under any form that it is, whatever the finality of the extraction or the transfer, except in the hypotheses expressly envisaged by the Subscription;
• Reuse, by making available to the public, all or a qualitatively or quantitatively substantial part of the content of the Solution and/or the database of the company MESCENES PRODUCTIONS (or its partners), whatever the form, the means or the support;
• To use the database of the company MESCENES PRODUCTIONS in an abusive way and creating a prejudice for the company MESCENES PRODUCTIONS;
• Repeatedly and systematically extract or re-use qualitatively or quantitatively insubstantial parts of the content of the Solution and/or the database of the company MESCENES PRODUCTIONS when these operations manifestly exceed the normal conditions of use of the database of the company MESCENES PRODUCTIONS.

The Sponsor is hereby informed that any violation of the foregoing provisions may result in the suspension or termination of the Sponsor's account and may be qualified as counterfeiting, subject to civil and criminal prosecution.

10. Personal and exclusive access

The Sponsor's access to the Solution is personal and exclusive. Consequently, the Sponsor undertakes to keep his access strictly personal and not to communicate his access to the Solution to a third party.

11. Applicable law and jurisdiction

The GCU are governed by French law. In the event of a dispute, the Patron has the possibility of resorting free of charge to a conventional mediation procedure.

You can contact the following mediator: https://www.cm2c.net/. Details of how to contact the ombudsman can be found on his website.

To make use of this mediation procedure, the Patron must first send his complaint to the company MESCENES PRODUCTIONS by registered letter with acknowledgement of receipt. In the absence of a satisfactory response within one (1) month, the Patron may refer the matter to the mediator in accordance with the procedures set out by the latter on its website.  

This mediation is optional, confidential and free of charge, with the exception of any legal or expert fees, which will be borne by the Patron. 

The dispute cannot be examined by the mediator when : 

• The Patron does not justify having previously attempted to resolve the dispute directly with MESCENES PRODUCTIONS by means of a written complaint; 
• The request is manifestly unfounded or abusive; 
• The dispute has been or is being examined by another mediator or by a court; 
• The Patron has lodged his request with the mediator more than one (1) year after his written complaint to MESCENES PRODUCTIONS; 
• The dispute does not fall within the mediator's jurisdiction. 

If the result of the mediation is not acceptable to the Patron or if the latter does not wish to have recourse to a mediation process, the Patron may refer the matter, at his or her choice, to the competent courts within the jurisdiction of the registered office of MESCENES PRODUCTIONS or to the competent courts within the jurisdiction of his or her domicile.

When the Sponsor is a professional within the meaning of the provisions of the French Consumer Code, the commercial relations between the parties are governed by French law. Failing amicable resolution of the dispute, any dispute relating to the GCU and to the relationship between the company MESCENES PRODUCTIONS and the Patron, will be subject to the exclusive jurisdiction of the competent courts within the jurisdiction of the registered office of the company MESCENES PRODUCTIONS, including in the case of summary proceedings, court order, multiple defendants, incidental claim or guarantee appeal.