The purpose of these General Conditions of Use (hereinafter “GCU”) is to define the terms and conditions of use, as well as the rights and obligations of Users in connection with the use of Site https://www.monart.art/ and the services offered on the site (hereinafter the “SERVICES”). They enter into force on the date of their posting on the Platform and are therefore enforceable against any user, for the entire duration of its use.
The GCU are accessible and printable at any time by a direct link at the bottom of the homepage of the site.
They can be supplemented, in the case, by conditions of use specific to certain services. In case of contradiction, the special conditions prevail over these general conditions.
2. OPERATORS OF SERVICE
The Site and the Services are operated by MONART LIMITED, which headquarters is at 152/No.8, Naxxar Road, San Gwann, SGN 9030 (MALTA), registered as C 88973 (hereinafter referred to as “MONART”)
MONART can be contacted at:
Address: 152/No. 8, Naxxar Road, San Gwann, SGN 9030 (MALTA)
3. ACCESS TO WEBSITE AND SERVICES
The users choose on their own from the setting up of computer and telecommunications means allowing access the Site. They shall bear the costs of telecommunications when accessing the Internet and using the Site.
Users are fully responsible for the right operation of their computer equipment, modem and telephone line, as well as their connection to the Internet. The Users will survey carefully that this equipment does not present a problem or virus, and present sufficient security to prevent the risk that a third-party will get access to data relating to the Services provided to clients.
The services are accessible, subject to the restrictions provided on the site:
– To any natural person who has the full legal capacity to commit to these general conditions. The natural person who does not have the full legal capacity can access the Site and the Services only with the agreement of its legal representative;
– Any legal person acting through a natural person having the legal capacity to contract in the name and on behalf of the legal person.
4. ACCEPTATION TO GENERAL CONDITIONS OF USE
As soon as the User goes to the Site https://www.monart.art/ and its sub-domains, the latter acknowledges to accept without restrictions to the present CGU.
Acceptance of these terms and conditions can only be full and complete. Any contingent membership shall be deemed to be null and void. The User who does not accept to be bound by these general conditions shall not access the Site or use the Services.
MONART may, at its discretion, change or amend these conditions at any time.
5. DESCRIPTION OF SERVICES
The user has access to the services described on the site, in a form and according to the functionalities and technical means that MONART deems most appropriate.
6. RESPONSIBILITIES AND PERSONAL DATA
6.1 POLICY OF PROTECTION OF PERSONAL DATA
MONART respects the personal information of visitors on the Site https://monart.art/ and Users of Services offered; and takes great care to protect your information. MONART will make every effort to limit the risk of loss, deterioration, or misuse of these materials.
6.2 USE OF INFORMATION OF VISITORS AND USERS
The Personal data gathered on each User is intended for MONART.
We will record, use and protect all personal information we obtain on your initiative in accordance with the applicable data protection legislation. We will primarily use your personal information to provide you with products and services, and such as:
– To organize a competition, a promotion, a survey and to provide you the corresponding products or services
– To send you information or documentation by e-mail about products, offers, news and information we think you may be interested you.
This information may relate to MONART products, offers and news. We will only send them to you if you have chosen to receive e-mails from MONART or related marks. In case, you no longer wish to receive personal information or if you want to modify your personal information or that it is deleted from our database, refer to article 6.3 “Delete or modify your personal information” below.
– To analyze visit to the Site and inform us about the interests and needs of our visitors, so that we can improve our products and services and offer them the type of content, articles and promotions that are of most interest to them.
The information you provide to us voluntarily relates to a valid email address. The information collected automatically by the site is your IP address, (your computer address), to the exclusion of any other. You are informed that the site is likely to implement an automatic tracking process (cookies), to which you can block, by modifying the relevant settings of your internet browser.
The data are stored at the host of the site identified in legal notices.
6.3 DELETE OR MODIFY PERSONAL INFORMATION
In compliance with the provisions of the Regulation (UE) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons regard to the processing of personal data and the free movement of such data, and repealed the Directive 95/46/CE (General Data Protection Regulation) (hereinafter “GDPR”), you have a right to rectify, modify and delete the personal data you provided us.
You can exercise this right, by sending us an email to MAIL DPO or by mail to:
152/No. 8, Naxxar Road, San Gwann, SGN 9030 (MALTA)
By using this site, you notify your acceptation of the provisions of this Personal Information Protection Policy as well as our general conditions.
7. OBLIGATIONS OF THE USER
Without prejudice to other obligations set out herein, the User undertakes to comply the following obligations:
7.1 The User undertakes, in his use of the Site, to comply with the laws and regulations in force and not to infringe on the right of third parties or public order.
The User is the sole responsible for the proper performance of all administrative, tax and/or social formalities and for all payment of contribution, taxes of any kind incumbent on it, where applicable, in connection with its use of the Site. Under no circumstances MONART can be held liable.
7.2 The User acknowledges having read on the website the characteristics and constraints, particularly technical, of the entire Site. He is solely responsible for his use of the Site.
7.3 The User is aware and accepts that the implementation of the Site and the Services requires that it is connected to the Internet and that the quality of the Site and the Services depends directly on this connection, for which it is solely responsible.
7.4 The User is also solely responsible for the relations that he may create with other Users and the information he communicates to them within the framework of the Services. He must be careful and show some discernment appropriated in these relations and communications. The User also undertakes, in his exchanges with the other Users, to respect the usual rules of politeness and curtesy.
7.5 The User undertakes to provide MONART with all information necessary for the proper performance of the Site and the Services. More generally, the User undertakes to cooperate actively with MONART with a view to the proper execution of this Agreement.
7.6 The User is sole responsible for all messages, content of any kind (editorial, graphic, audiovisual or other, including the name and/or image possibly chosen by the User to identify it on the site) and information posted on the Site or the Services offered (hereinafter referred to as the “Content”). As a result, MONART cannot be responsible for this Content, and on which MONART does not exercise control y power and oversight.
It guarantees to MONART that it has all the rights and authorizations necessary for the distribution of these Contents.
It undertakes that this Content are lawful, do not violate public order, good morals or the rights of third parties, do not violate any legislative or regulatory and more generally, are not likely to engage the civil or penalty liability of MONART.
The User is thus prohibited from disseminating, and without this list being exhaustive:
– Pornographic, obscene, indecent, shocking or unsuitable content for a defamatory, defamatory, abusive, racist, xenophobic or revisionist public
– Infringing Content,
– Content that is linked to the image of a third-party,
– Content that is misleading, deceptive or that proposes or promotes illegal, fraudulent, or deceptive activities.
– Content harmful to third-party computer systems (such as viruses, worms, Trojan Horse, etc.)
– And more generally, content likely to be infringed on the rights of third-parties or to be prejudicial to third parties, in any way and in any form whatsoever.
7.7 the User acknowledges that the Services provide an additional but not an alternative solution / to the means it already uses to achieve the same objective and this solution cannot be a substitute for these other means.
8. WARANTEE OF THE USER
The User warrants MONART against any complaints, claims, actions and/or any claims that MONART may suffer as a result of the violation by the User of any of its obligation or warranties under these terms and conditions.
It undertakes to compensate MONART for any damage, it may suffer and to pay every fees, charges, and/or convictions that it may have to bear as a result.
9. FORBIDDEN BEHAVIOR
9.1 It is strictly prohibited to use the Site and Services to the following purposes:
– engaging in illegal, fraudulent, or infringing activities affecting the rights or security of third parties
– breach of public order or violation of law and regulation in effect.
– the intrusion into the computer system of a third-party or any activity likely to harm, control, interfere, or intercept all or part of computer system, violating its the integrity or security,
– Sending unsolicited emails and/or prospecting or commercial solicitation,
– manipulations intended to improve the referencing of a third-party site,
– aid or encouragement, in any form and in any manner, to one or more the acts and activities described above
– And more generally, any practices that diverts the Services for purposes other than the those for which they were designed.
9.2 it is strictly prohibited for Users to copy and/or divert for their purposes or those of third parties the concept, technologies and other element of the site.
9.3 Also strictly prohibited : (i) any behavior that may interrupt, suspend, slow down or prevent the continuity of the services; (ii) any intrusion or attempted intrusion into MONART systems; (iii) any misappropriation into MONART systems resources, (iv) any actions that may place a disproportionate burden on MONART infrastructure (v) any breaches of security and authentication measures, (vi) any action likely to affect the financial, commercial and moral rights and interests of MONART or of users of its site. And finally, more generally, (vii) any breach of these general conditions.
9.4 It is strictly prohibited to monetize, sell, or grant all or part of the access to the Services or the site, as well as the information that is hosted and/or shared.
10. SANCTION OF BREACH
In the event of breach to comply with any of the provision of thes General Conditions or more generally, of breach of the laws and regulations in force by a User, MONART reserves the right to take any appropriate action, including:
(i) Suspend or terminate access to participation in the Services who committed the breach of infringement,
(ii) Delete any content posted on the site,
(iii) Post any information message that MONART deems useful on the site,
(iv) Notify any authority concerned,
(v) Initiate any legal action
11. RESPONSIBILITY AND GUARANTEE OF MONART
11.1 MONART undertakes to provide the services diligently and according to the best practices specifies that it has an obligation of means, to the exclusion of any obligation of result, what expressly recognize and accept.
11.2 MONART has no knowledge of the Content posted by the Users as part of the Services, on which it does not perform any moderation, selection, verification or control of any kind, and in respect of which it intervenes only as a hosting provider.
As a result, MONART cannot be held responsible for the Content, the authors of which are third parties, any claim having directed first to the author of the Content in question.
11.3 MONART undertakes to carry out regular checks to verify the operation and accessibility of the Site. As such, MONART reserves the right to temporarily suspend access to the site for maintenance reasons. Likewise, MONART cannot be held responsible for any temporary difficulties or impossibilities of access to the Site that may arise from circumstances external to it, force majeure, or the disruption of telecommunication networks.
11.4 MONART does not guarantee to the Users (i) that to the Services, subject to constant research to improve their performance and progress, will be completely free of errors, defects or defaults, (ii) that the services, being standard and not offered solely to a given User based on his own personal constraint, will specifically meet his needs and expectations.
11.5 In any case, the liability likely to be incurred by MONART under this Agreement shall be expressly limited to the only proven direct damage truly submitted by the User.
12. WARNING PROCEDURE AND REPORTING OF ABUSE
You are invited to report to MONART any fraudulent use of the Site and/or its proposed services that you are aware of, including any message whose content would contravene the prohibitions in these Terms and General Conditions of Use and more generally to all legal provisions in force.
If you believe that there has been a violation on the Site of a right that you hold, you have the possibility to report it to MONART by registered mail with acknowledgment of receipt specifying the following information:
(I) If you are a natural person: surname, first name, date of birth, nationality, domicile, occupation. If you are a legal person: form, legal name, registered office, legal representatives.
(II) An accurate description of the dispute content and the specific URL address at which it is located on the Site.
(III) The reasons why this content must be removed with reference to the applicable legal provisions.
13. FORCE MAJEURE
Any event beyond the control of the parties that is not reasonably foreseeable will be considered a force majeure event.
Thus, the Company may not be held liable for any delay or non-performance of its contractual obligations resulting from the occurrence of event beyond its control, such as, in particular: fait du prince, weather disturbances, absence or suspension of the supply of electricity, lightning or wildfire, decision of a competent administrative authority, war, public disturbances, acts or omissions on the part of other telecommunications operators, or other events beyond the reasonable control of the company. All the circumstances of this nature occurring after the conclusion of the contract and preventing the performance under normal conditions of the service shall be considered as a cause of exemption of all or part of the obligations of the parties.
As a result, the Company will not be liable for any result all or part for any resulting service interruptions.
MONART reserves the right to insert on any page of the Site and in any communication to Users any advertising or promotional messages in a form and under conditions which MONART will be the sole judge.
15. LINKS AND WEBSITE OF A THIRD PARTY
MONART cannot be held liable for the technical availability of websites, or mobile application operated by third parties (including its potential partners) to which the User would access via the site.
MONART does not assume any liability for the Content, advertisements, products and/or services available on such third-party websites and mobile applications which are recalled to be governed by their own condition of using.
MONART is also not responsible for any transactions between the User and any advertiser, professional or merchant (including its potential partners) to which the User would be directed through the site and cannot in any case be party to any disputes with such third-parties concerning, in particular, the delivery of products and/or services, any guarantees, statement and other obligations to which such third parties are bound.
MONART reserves the right to modify these terms and conditions at any time.
The User will be informed of these changes by any the useful means.
The User who does not accept the modified Term and Conditions shall not use the Site and Services offered.
Any User who uses the Site and the Services offered after the entry into force of the modified General Conditions is deemed to have accepted these modifications.
17. MANAGEMENT OF CLAIMS
MONART undertakes to respond to any complaint within a maximum of 15 working days from the receipt of an email or a complaint letter.
18. DIVISIBILITY CLAUSE
Nullity of any of the clauses hereof does not entail the nullity of these General Conditions of Use, the other clauses will continue to have their effects.
19. INTELECTUAL PROPERTY
All software, drawings, texts, sound recordings, animations, trademarks (including the name “MONART” and the logo MONART) included in the Site are protected by the intellectual property rights and belong to MONART. These rights are reserved, and no property rights will be transferred to the Users or third parties.
However, certain works on the Site are protected by diverse intellectual property rights and are licensed by MONART. In any event, the Users or third parties may in no way dispose of the rights attached to the works.
The trademarks and domain names as well as the designs appearing on the Site and the Services are also the exclusive property of MONART.
No license or other right than the right to visit the Site is granted to anyone with respect to intellectual property rights.
Reproduction of the documents on the Site is only permitted for the exclusive purpose of information for strictly personal and private use.
In this regard, Users may print a copy and download extracts from any page of the proposed Site for their personal reference. However, Users shall not modify paper or digital copies of materials published on the Site, which they have printed or downloaded in any way, and they shall not use any of these materials from the Site for commercial purposes or link to the Website without the prior written consent of MONART.
In the event of a translation of these General Conditions into one or more languages, the language of interpretation shall be the English language in the event of contradiction or dispute as to the meaning of a term or provision.
21. APPLICATION OF LAW
These general conditions are governed by Maltese law.
22. PRIOR CONCILIATION AND ABRITRATION
For any disputes arising between the User and the Company relating to the formation, interpretation, and performance of this Agreement, the Parties shall endeavor to reach an amicable agreement.
In the absence of an amicable agreement, within the period of 30 (thirty) days, and for any dispute arising in connection with this contract, its interpretation, execution or resolution, the Parties agree that the dispute shall be settled by arbitration, in accordance with the Malta Arbitration Act and the Arbitration Rules of Malta Arbitration Centre currently in force.