CGV et CGU
IT IS IMPORTANT TO READ CAREFULLY AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE OF THE SITE. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE TO COMPLY WITH THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS AND DO NOT WANT TO COMPLY WITH THEM, YOU WILL NOT ACCEPT THEM AND WILL NOT BE ABLE TO BENEFIT FROM THE SERVICES OFFERED BY THE COMPANY ON THE SITE.
Last update: January, 15th 2019
HEMERIA SAS, a simplified joint stock company with a share capital of €10020, registered in the Paris Trade and Companies Register under number 844 202 515, currently being registered as an IFP with ORIAS, whose registered office is located at 140 rue Belleville, 75020 Paris, France (hereinafter referred to as “the Company”), publishes and runs a website under the Hemeria Crowdfunding brand, accessible on the internet network at crowdfunding address.hemeria.com (hereinafter referred to as “Hemeria” or “the Site”), having as object:
to present to Internet users projects seeking funding, whatever the stage of progress of the project (idea, development, publishing, distribution, etc.);
to provide an intermediation service between Project Developers and Internet users via the Site managed by the Company in order to facilitate their interaction and promote the Projects presented on Hemeria;
to allow Project Developers to submit to Hemeria one or more Projects for which it is seeking a financial contribution in order to carry it out;
to propose to Internet users to become Users of the Site and to support financially or several Projects by paying a Contribution;
Hemeria acts as an intermediary between Internet users who wish to participate in the financing of the Projects and Project Developers who are looking for a financial contribution to finance their Project.
The purpose of these General Terms and Conditions is to define the terms and conditions for making these Services available to users of the Site.
The use of Hemeria or the services offered on Hemeria implies the full and complete acceptance of these General Terms and Conditions of Use by Users.
Article 1. Definitions and scope of application
The definitions below have the same meaning whether they are used in the singular or plural.
“Bank Card” means a valid payment or credit card, subject to acceptance by Hemeria (Visa, MasterCard, CB).
“Commission” refers to the remuneration due to the Company and deducted from the Contributions collected by the Project Developer in consideration of the intermediation service provided.
“Personal Account” refers to the User’s personal space on the Site. This space is accessible only by entering the login details, and allows access to the Services provided by the Company. It also allows the User to consult and modify his own personal data.
“General Conditions” refers to these general conditions of use of the Site applicable to Visitors which may be consulted on the Site by any Visitor and to which such Visitors must adhere in order to become a User.
“Counterparty” refers, where applicable, to the consideration(s) that may be offered by the Project Developer to Internet users in exchange for their Contribution to the Project. The Counterparty (s) related to a Project will be defined on a case-by-case basis on the Site, at the sole discretion of the Project Developer creating the Project.
“Contribution” refers to any amount in cash collected by the Project Developer through the Site to finance one or more Projects proposed on the Site.
“Intellectual Property Rights” refers to all intellectual property rights as provided for in the Intellectual Property Code and national conventions and, in particular, copyright, related rights of performers and producers of phonographic and video graphics, trademark law, patents, trade names (including Internet domain names and e-mail address names), copyrights, moral rights, rights on all models, rights on all databases, know-how, registered or not registered or that may be registered or not and existing in any part of the world.
“Identifier” refers to the data necessary for the identification of a User by the Issuer consisting of a User (valid email address) and a password.
“Business Day” refers to a calendar day with the exception of Saturdays, Sundays and public holidays in metropolitan France.
“Financing Objective” refers to the total amount of Contributions sought by the Project Developer for the realization of a Project and open for collection from Internet users through the Site. This financing objective may be expressed, depending on the choice of the project leader, either as a monetary objective or as an objective in terms of the number of Contributions to be obtained for the Project.
“Party” refers, as the case may be, to the Company and/or any User having accepted the application of the General Terms and Conditions, and “Parties” refers to all of them.
“Collection Period” refers to the period of time during which Internet users may make Contributions through the Site and thus enable the Project Developer to achieve the Financing Objective required to carry out the Project.
“Project Developer” or “Project Creator” refers to any natural or legal person registered on the Site with the objective of presenting and promoting one or more Projects that will be carried out with the support of the Contributions collected by the intermediary of the Site from Internet users;
“Project” refers to any profit or non-profit initiative carried out by a Project Developer and published on the Site in accordance with the General Terms and Conditions of Use.
“Service(s)” refers to all the Services, whether paid or free, offered on the Site.
“Transaction” refers to a transaction concluded by a User under the conditions set out in the General Terms and Conditions of Use of the Site and giving rise to a Payment Transaction.
“Hemeria Crowdfunding” or “the Site”: refers to the site accessible on the Internet at https://xtehibk.cluster027.hosting.ovh.net, exclusively owned by the Company, whose purpose is in particular to enable Project Developers to promote their Projects and Internet users to provide financial support to these Projects, through the Contributions made through the Site.
“Internet Users” refers to a User who has registered on the site and/or who wishes to support one or more Projects proposed on the Site by making Project Contributions.
“User” refers together to the Project Developers and Internet Users registered on the Site under the condition that they have previously agreed to the General Terms and Conditions.
“Visitor” refers to any person who visits the Site to view the content and information published on the Site without being registered or prior to registering on the Site as a User.
1.2 Scope of application
These general terms and conditions of use (“hereinafter the General Terms and Conditions”) apply, without restriction or reservation, to all Services offered by the Company on its Site, accessible in particular at crowdfunding.hemeria.com, unless specific conditions apply to certain Services.
These General Conditions prevail over any other general or special conditions not expressly approved by the Company. The subscription of Services is reserved for Users who have previously read the General Terms and Conditions of Use in their entirety and who have accepted them without reservation.
The User declares and acknowledges having read the General Conditions of Use in their entirety.
These General Terms and Conditions of Use take effect as from their publication on the Site and remain in force until they are partially or totally amended by the Company.
The General Terms and Conditions of Use are updated on a regular basis, and are therefore subject to change. In view of the possible extensions and improvements to the operation of the Site, the Company reserves the right to adapt or modify at any time the scope of the services offered through the Site. The Company reserves the right to unilaterally modify the General Terms and Conditions of Use at any time, without notice.
The new features will be put online on the Site in order to be made known to Users and Project Developers. It is therefore the User’s responsibility to consult and accept the General Terms and Conditions of Use at the time of making a Contribution, in particular in order to ensure that the provisions in force are respected. Each use of the Services offered on the Site by Users constitutes acceptance of the latest version of the General Terms and Conditions of Use published on the Site.
Article 2. Conditions d’accès et d’inscription sur le Site
2.1 Consentement et capacité
L’inscription se fait en complétant un formulaire en ligne. Une fois le formulaire rempli et validé. Lors de l’inscription, l’Utilisateur ou le Porteur de Projet s’engage à fournir des données exactes, et est tenu de remplir l’ensemble des champs obligatoires figurant dans le formulaire d’inscription.
L’Utilisateur personne physique doit être majeur et doit avoir la capacité de contracter.
Le représentant de l’Utilisateur personne morale certifie détenir l’intégralité des droits nécessaires à la conclusion des présentes au nom de la personne morale qu’il représente.
La Société se réserve le droit de refuser l’inscription à tout Utilisateur qui ne remplirait pas les conditions de bonne moralité, ou qui conviendrait aux valeurs et à l’éthique que la Société s’efforce de véhiculer, sans que cette dernière ne soit tenue de motiver ce refus. La Société est seule décisionnaire des inscriptions qu’elle retient, sans recours possible, ni indemnité de quelque nature que ce soit.
L’Utilisateur s’engage à ne pas créer ou utiliser d’autres comptes que celui initialement créé, que ce soit sous sa propre identité ou celle d’un tiers. Toute dérogation à cette règle devra faire l’objet d’une demande explicite de la part de l’Utilisateur et d’une autorisation expresse et spécifique de la Société. Le fait de créer ou utiliser de nouveaux comptes sous sa propre identité ou celle de tiers sans avoir demandé et obtenu l’autorisation de la Société pourra entraîner la suspension immédiate du compte de l’Utilisateur et de tous les services associés.
L’Utilisateur garantit que les informations par lui communiquées sur le Site sont exactes, sincères et conformes à la réalité. Il s’engage à informer La Société sans délai en cas de modification des informations communiquées au moment de l’inscription et, le cas échéant, à procéder lui-même à ces modifications au sein de son espace personnel.
2.2 Username and password
As soon as his account is created, the User will choose or be assigned an identifier and a password (hereinafter “Identifiers”) allowing him to access his personal space. These identifiers are personal and confidential. They may only be changed at the User’s request or on the Company’s initiative.
The User is solely and entirely responsible for the use of the Identifiers concerning him/her and undertakes to do everything possible to keep his/her Identifiers secret and not to disclose them to anyone, in any form whatsoever and for any reason whatsoever.
The User shall be liable for the use of his Identifiers by third parties or for actions or statements made through his personal User account, whether fraudulent or not and guarantees the Company against any request in this respect.
In addition, since the Company has no obligation and does not have the technical means to ensure the identity of persons registering on the site, it is not liable in the event of usurpation of the User’s identity. If the User has reason to believe that a person is fraudulently using identification elements or his account, he must immediately inform the Company.
In the event of loss or theft of one of the Identifiers concerning him, the User is responsible for any harmful consequence of such loss or theft, and must use, as soon as possible, the procedure allowing him to modify them.
In the event that the User becomes aware of another person’s access to his or her Personal Account, the User shall immediately inform the Site manager by e-mail at firstname.lastname@example.org, and shall confirm this information by registered letter to the following address: 140 rue de Belleville, 75020 Paris.
Any fraudulent use of the site, or any use that contravenes these General Terms and Conditions, will justify denying the User access to the Services or other features of the Site at any time.
Article 3. Conditions Applicable to Project Developers
3.1 Nature of the Services offered to Project Developers
The Site allows Users who so wish to present their Project(s) in order to distribute, promote and finance a Project on the Site.
The conditions applicable to Project Developers apply only to Projects led by the Project Developer who creates and animates on the Site a community of Users supporting his Project. In this respect, the Company acts as a technical intermediary by providing the Project Developer with an online platform enabling him to finance, distribute and promote his Project on a web page or a set of pages dedicated to said Project.
3.2 Presentation of the Projects
Project Developers who wish to promote their Projects and obtain financing, submit to the Company, for publication on the Site, a presentation detailing the nature, objectives, main characteristics and progress of the Project(s) they intend to develop with the support of Internet users. The project can be implemented with the help of Hemeria, in accordance with the offer on hemeria.com.
In order to be accepted by the Company for possible promotion on the Site, the Project Developer undertakes to provide clearly and precisely, for any proposed Project: the description of the Project, the minimum amount that the Contributions must reach in order for the Project to be considered as financed, the Collection Period as well as the Counterparts that it proposes.
The characteristics and parameters of the Project are subject to the prior acceptance of the Company without obligation to justify its refusal and without in any way guaranteeing the success of the Project.
For example, the Company will systematically refuse fanciful Projects, devoid of seriousness, detached from any concrete reality and doomed to failure.
Once posted on the Site, the Projects may no longer be modified except to make corrections that are intended solely to improve the achievement of the objectives pursued by the Project.
It is the Project Developer’s responsibility to ensure that it has all the necessary rights to publish the Project on the Site and that it complies with all laws and regulations applicable to the design and execution of the Project concerned. In particular, Project Developers shall refrain from bringing Projects in violation of applicable laws and regulations, which may violate the human dignity or privacy of a person, the protection of the personal data of third parties, contrary to morality, or inciting or leading to illegal activity or any other activity that would infringe the rights of the Company and its co-contractors, other Users and, more generally, any third person.
The Project Developer is fully responsible for the content of the Project presentation published on the Site and must ensure in particular that this presentation does not mislead Users.
The Project Developer acknowledges that the provision of misleading, incomplete or erroneous information may give rise to liability against the Company and the Users and assumes full responsibility for the consequences resulting from any omission or negligence in this respect.
In the event of the Project Developer’s death, incapacity, accident or any other event that renders him/her unable to carry out his/her Project, the Company is authorised to suspend the collection in progress. More generally, the Company may at its discretion cancel an ongoing collection and delete a Project if it is found that the Project Developer is in breach of these terms and conditions.
In this case, all registered Contributions would be immediately cancelled, the Internet users concerned reimbursed and the Project Developer could not claim to recover the sums collected.
Project Developers acknowledge that they are firmly committed to implementing all means to make their Projects a reality if they succeed in collecting the necessary Contributions.
They are invited to regularly update their Projects and to share with other Users information concerning the current status of their Projects and their implementation.
They undertake to keep Internet users informed of the major progress of their Projects, even after the end of the Collection Period.
3.3 Promotion on and off the Site
In the context of the management of the Company’s Projects and marketing operations, the Company is required to promote Projects, Services, the Site and/or the Company.
The Project Developer hereby agrees that the content and information provided may be freely used by the Company for the purpose of promoting the Project.
Thus, the Project Developer grants the Company exclusively and free of charge, for the entire world and for the entire duration hereof, the rights as specified below, in order to enable the Company to provide the Service in the form of broadcasting on the Internet, on mobile telephone networks and/or on any other current communication network open to the public.
In this respect, the Project Developer grants the Company the right, in particular:
to use, in the context of its communication and promotion of the Site, its name as well as the name and characteristics of the Project;
the right to reproduce and have reproduced the content and information provided on the Site on any network, by any process, in any known or unknown form, in association or not with other works of any nature whatsoever, provided that such exploitation is carried out in connection with the promotion of the Project;
represent or have represented all or part of the contents of the Project;
adapt or have adapted all or part of the contents of the Project.
The Project Developer also expressly authorizes the Company to promote and/or advertise the Project, and to broadcast with the content advertising, commercial and/or promotional messages relating to third party products or services.
The Project Developer also expressly agrees that the content and information provided may be used on the Site with the presence of trademarks or logos of the Company’s partners.
3.4 Implementation of Projects/ Obligations of Project Developers
The Project Developer undertakes to fulfil all its obligations towards Internet users, in particular to carry out the Project as initially defined and to remunerate them for the Counterparties described in the Project, where applicable.
The Project Developer is invited to ensure that it will be able to provide the Counterparts it offers to Internet users at the end of the open collection for the financing of their Project. The Counterparties may be of any nature other than financial (personal creations, works, partnership offers, invitations, etc.). Hemeria assists the project leader in this process.
The Project Developers undertake not to offer or provide any unlawful Counterparty, in particular of a sexual, racist, discriminatory, defamatory, abusive, xenophobic, inciting to violence, violating the image of third parties, violating public order or morality, contrary to law, violating professional secrecy, property and the law on trademarks, patents or any other intellectual or industrial creation owned by third parties, dangerous or falsified.
In the event that the Project Developer is unable to pay the Internet users of the promised Counterparties, he expressly undertakes to reimburse them in full and accepts that the Company may under no circumstances assist him in this process.
The Project Developer expressly acknowledges that it is solely responsible for the administrative, accounting, tax and social management relating to the Project, including the amounts received through the Company.
The Company is not responsible for the actions of the Project Developers, who remain solely responsible for the terms that bind them with Internet users in the context of the collection of Contributions through the Site. Project Developers are responsible for the Contributions they organise through the Site and for any Considerations they propose in connection with the Projects presented on the Site.
Consequently, the risks involved in the development and execution of a Project, such as possible postponements and cancellation of a Project, are entirely borne by the Project Developers.
Project Developers may arrange repayments at their sole discretion. The Company is not responsible for reimbursements that may or may not be made on collections of Contributions.
The Project Developer undertakes not to propose its Project or any other related Project on any other website or internet platform for participatory financing.
Hemeria may itself be called upon to carry out projects on behalf of third parties.
Article 4. Conditions applicable to the collection and monitoring of Contributions
4.1 Collection of Contributions
Internet users are entirely free to decide the amount and allocation of their Contributions.
If necessary, they are required to choose the Counterparty level proposed by the Project Developer, it being specified that the amount of the Contribution paid must be equal to or greater than the value of the Counterparty chosen.
By accepting this Agreement, the Internet user declares that the source of the funds used by him/her on the Site is not illegal and undertakes not to use it for any illegal or fraudulent activity, including money laundering.
It is reminded here that the Company is only an intermediary between the Project Developer and the Internet user in the context of the promotion of a Project, by making its Services and the Site available to the Project Developer and the Internet user.
Consequently, the Internet user may not seek the Company’s liability in the event of the Project Developer’s failure to comply with its obligations.
4.2 Payment of Contributions by Internet users
It is specified that the Company does not receive commissions from Internet users on the Contributions collected. The commissions that the Company charges are in fact the responsibility of the Project Developers only.
Payment of the Contribution will be made using one of the payment methods proposed for the Project concerned, which may be, for example, credit card, and/or Paypal, and/or payment by cheque, and/or any other payment method already proposed on the Site or which will be integrated into the service in the future.
4.2.1 Online payment by a means other than Paypal
4.2.3 Payment by PAYPAL
PayPal charges its own commission on the payments made. This commission applied by PayPal is collected directly by PayPal.
In addition, the Company applies its own commission for the intermediation service, as provided for in Article 4.4.
4.2.3 Payment by cheque or transfer to the Project Developer
The Company reserves the right to accept or not the payment by cheque or transfer for each of the Project Developers’ Projects.
In this case, the Contributions will be managed by the Project Developer himself who will collect the Contributions directly.
The cheque or transfer must be sent to the Project Manager by the Internet user. The Project Developer shall then provide the Company with proof of receipt of such cheque or transfer, by means of a copy or photograph of such cheque or proof of receipt of the transfer.
The Company will then manually validate the integration of this Contribution by cheque or transfer to the sums collected by the Project. The Project Developer must therefore provide the Company with proof of receipt of the said cheque or transfer before the end of the Collection Period.
Proof of issue of the cheque or the cheque itself must in all cases be received by the Company before the end of the Collection Period. Cheques or transfers received after the end of the Collection Period, even if they have been issued and/or sent in advance for this purpose, may under no circumstances be included in the Collected Funds.
4.3 Contribution Management
4.3.1 Payment by credit card via the Payplug Payment Service Provider
For payments made in euros, the Internet user uses the services of the Mangopay Payment Service Provider. For these transactions, the Contribution is immediately debited from the Internet user’s account.
Before the expiry date of the Collection Period, the Internet user may cancel his Contribution. In this case, the amount of his Contribution is automatically credited back to his account.
If at the end of the Collection Period the Financing Objective has not been reached, the Internet user’s Contribution is then credited back to his account.
If at the end of the Collection Period the Financing Objective has been reached or exceeded, the Internet user’s Contribution is transferred to the Project Developer’s bank account and may no longer be refunded to the Internet users who made the Contribution via the system set up by the Company and its partner Payplug.
In the event of a dispute, the Internet user must then take action against the Project Developer.
4.3.2 Payment by cheque or bank transfer
The Project Developer undertakes to cash Contributions by cheque only at the end of the Collection Period, and only if the Financing Objective of its Project has been achieved.
Before the expiry date of the Collection Period, the Internet user may cancel his Contribution at any time and ask the Project Developer that the cheque issued by the Internet user does not give rise to collection and is destroyed.
In the case of payment by bank transfer, the Project Developer undertakes to reimburse the Internet user for the amount of his Contribution in the event that the Project Financing Objective is not achieved at the end of the Collection Period.
In the case of payment by transfer, before the expiry date of the Collection Period, the Internet user may cancel his Contribution at any time and ask the Project Developer to refund the transfer issued by the Internet user to him by the Project Developer.
In the event of a dispute, the Internet user must take action against the Project Developer.
4.3.3 Payment by PAYPAL
Before the expiry date of the Collection Period, the Internet user may cancel his Contribution at any time.
The payment of Contributions made by PayPal will only be executed by the Company if the Project Financing Objective has been achieved, once the Collection Period has ended. The corresponding amounts will then be transferred from the Internet user’s PayPal account to the Project Developer’s PayPal account. The Company will therefore no longer have the possibility of cancelling the corresponding Contributions or refunding the Internet users who have made them.
In the event of a dispute, the Internet user must then take action against the Project Developer.
4.4 Commissions for remuneration of the Intermediation Service and repayment of sums collected
Access to the Site is free of charge.
The Company receives a commission on funds raised by Projects from Project Developers who have reached or exceeded their Financing Objective at the end of the Collection Period.
For Project Holders receiving Contributions, the costs of the Services provided by the Company are calculated as a percentage of the amount of Contributions collected through the Site.
The applicable percentage is 8% of the total amount collected.
VAT is applicable at the rate in force on the day on which the transfer of the collected funds is made, and depends on the location of the project leader. The services provided by Hemeria SAS are considered in the Community sense as electronic services, the VAT rate applicable when the Project Developer is an individual therefore depends on its location.
Since 1 January 2015, supplies of services supplied by electronic means are taxable at the place of consumption when they are supplied by taxable persons, whether or not established in the territory of the European Union (EU), to non-taxable persons (“consumers”) having their permanent address or usually reside in the territory of the EU. Electronic services are therefore taxable at the VAT rate in force in the Member State where the consumer is domiciled (for example 20% for a particular Project Developer based in France, which leads to a commission rate of 8% including VAT for funds collected by credit card below €100,000).
When the Project has collected funds using credit card payments, the Service fees corresponding to all payment methods used are deducted by the Company from the amount of sums collected by the intermediary of the Site during the transfer to the Project Developer
This repayment is made within a maximum period of 12 working days following the expiry of the Collection Period, as soon as the Project Developer has indicated all the information necessary for the payment of the sums (bank details in particular) and provided all the identification data necessary for the payment of the funds (RIB, copy of identity document… etc).
In the event of payment of funds collected by credit card insufficient for the Company to be able to deduct the amount of its commission, it will be the responsibility of the Project Developer to pay the Company the amount of the commission due upon receipt of the invoice.
4.5 Taxes applicable on funds collected and issuance of tax receipts
It is the responsibility of each User to pay any applicable tax or associated tax, whether on Contributions collected through the Site as a Project Developer, or on Contributions made by Internet users in support of the Project.
Under no circumstances may the Company substitute itself for them for this purpose or even advise them on the nature and details of their obligations.
Project Developers are responsible for preparing and sending directly to Internet users any tax receipts certifying donations made through the Site.
It is the responsibility of each Internet user to verify his eligibility to benefit from tax deductions on all or part of the Contributions made through the Site, in accordance with the provisions of French law in force.
Any claim relating to the production of said tax receipts and the information contained therein must be addressed directly by the Internet users to the Project Developer.
4.6 Information on Internet users transmitted to Project Developers
Article 5. Conditions applicable to message delivery services: comment spaces
5.1. Liability for messages and content posted by Users and Project Developers
The User or Project Developer shall refrain from posting any content that is likely to mislead other users of the site, or that constitutes a false statement. He shall be solely liable to other users for any damage suffered by them as a result of the inaccurate or misleading nature of such content.
The User or Project Developer must ensure that he/she owns the rights, in particular intellectual property rights, necessary for the publication of the content he/she disseminates.
The Company declines any liability resulting from any violation of the rights of third parties.
Users and Project Developers are solely responsible for the content and data they post on the Forums and comment areas and undertake that the information published does not violate any legal or regulatory provisions in force. In particular, the User, or the Project Developer is prohibited from posting any clearly or potentially illegal content, regardless of the medium (sounds, texts, images, videos, etc.)
The Company does not exercise any upstream moderation on messages and content posted by Users, or Project Developers, or to which the Site may refer. It acts as a host within the meaning of Article 6 I 2° of the LCEN, and as such engages in a simple storage activity.
5.2 Information of the Company by the Users of the Site.
Any User must report any illegal or obviously illegal content to the Company by email to email@example.com
5.3. Right to delete the contents and/or Personal Account of the User or Project Developer.
Under the conditions and within the limits of the applicable regulations, the Company reserves the right to immediately delete, without prior notice and without compensation, any illegal or obviously illegal content of which it has become aware, as well as the Personal Account of any User or Project Developer who has published the illegal content.
Article 6. Duration of the relationship with the company
These General Terms and Conditions of Sale and Use apply throughout the period of use of the Site and until the account is closed for any reason whatsoever.
Article 7. Protection of personal data
Some data may be collected through cookies and other similar technologies on the Internet.
Article 8. Responsibilities
8.1 Network operation
To use the Services, the User must have the equipment, software and parameters necessary for the proper functioning of the Site. The User must have the skills, hardware and software required to use the Internet. The User declares that he/she is fully aware of the characteristics and constraints of the Internet.
Given the specific nature of the Internet network, the Company does not offer any guarantee of continuity of service, being bound only by an obligation of means in this respect.
The Company cannot be held liable for any damage resulting from the temporary inability to access any of the services offered by the Site.
Any delay, suspension or cancellation in the distribution of the Project due in particular to technical failures inherent in the operation of the Internet network, external to the Company and beyond its control, may not justify a refusal of payment of any kind on the part of the User, nor give rise to any right to compensation of any kind whatsoever and in any form whatsoever.
The Company shall not be held liable for any failure to operate, impossibility of access, or poor conditions of use of the Site due to unsuitable equipment, internal malfunctions of the User’s access provider, misuse of the Site or services by the User or congestion of the Internet network in particular.
The Company declines all responsibility for any damage or loss related to the use or inability to use the Site or its content, unless otherwise provided by law.
8.2 Modification of the Site
It is understood that the content of the Site is not fixed.
Also, all the information contained on the Site may be modified at any time, taking into account the interactivity of the Site, without this engaging the Company’s responsibility.
8.3 Site Availability
The Company has an obligation of means for the provision of the Services. It thus disclaims any liability for any unavailability, suspension or interruption of the Site or Services that may occur as a result of maintenance, hardware or software upgrades, emergency repairs to the Site or as a result of circumstances beyond its control (for example, but without this list being exhaustive, in the event of technical damage or failure of telecommunications links and equipment).
The Company endeavours to take appropriate measures to limit such disruptions to the extent that they are attributable to it.
In addition, the Company may not be held liable for indirect or unforeseeable damages within the meaning of Articles 1150 and 1151 of the French Civil Code.
In accordance with Article 1992 of the Civil Code, the Company’s liability may only be sought in the event of fraud or misconduct in its management.
8.4 Use of the Site
The Company wishes to draw the attention of Project Developers, Internet Users and Users to the fact that by using the Site or Services and/or by publishing content and information on the Site, some of the actions carried out on the Site and some of the information published will be made public and accessible to all. The Company therefore calls on Project Developers, Internet users and Users to exercise caution as to the consequences that this disclosure may have on their privacy (for example, when describing a Project or when contributing to a Project).
Once this information is published, the Company cannot be held responsible for the consequences of this disclosure.
The Company also wishes to draw the attention of Project Developers, Internet users and Users to the fact that, by publishing content and information on the Site, they may be required to disclose to the Company and/or the public personal data concerning third parties. The Company therefore calls on Project Developers, Internet Users and Users to exercise caution regarding the consequences that this disclosure, for which they are solely responsible, may have. They must therefore ensure that they check whether they have the right to disclose such data.
Once these data have been communicated, the Company cannot be held responsible for the consequences of this disclosure.
The information provided by a User, Internet user or Project Leader must be sincere, accurate and in accordance with reality. The consequences of their disclosure on their lives and/or that of third parties are the exclusive responsibility of the User, Internet user or Project Developer concerned.
It is recalled that the User takes the initiative to disclose and distribute on the Site information, data, texts, content, photos, videos concerning him/her. The User therefore assumes full responsibility and waives any recourse against the Company, in particular on the grounds of the infringement of his right to his image, honour, reputation and privacy resulting from the dissemination or disclosure of information concerning him, subject to public policy legal provisions.
The Company does not guarantee that the information presented is detailed, complete, verified or accurate. The documents, information, descriptive sheets, and, in general, any content on the site are provided in “as is” condition, without any express or implied warranty of any kind.
The Company cannot be held liable for the inaccuracy of the information and content provided by other Users, visitors to the Site and/or the User himself.
In addition, the Company cannot be held liable for content distributed by a User that may infringe the rights of one or more other Users or third parties.
8.5 Connecting Project Developers and Internet Contributors
Because of its role limited to intermediation, Project Developers and Internet contributors expressly acknowledge and accept that the Company shall under no circumstances and in any manner whatsoever be held liable for the Projects and in particular for their presentation, progress, delays or cancellations, the delivery or not of the Counterparties.
The Company is not responsible for the actions or omissions of the Project Developers, who remain solely responsible for all the terms and conditions of execution of the Project vis-à-vis Internet users, except in cases where the Company itself is the project carrier.
Internet users should therefore address all their questions or complaints to the Project Developers only.
The Project Owner guarantees and undertakes to indemnify the Company against any damage suffered by the latter, as well as to protect it against any liability action brought against it by a User or, more generally, by a third party, for the violation of any right resulting from the publication and implementation of the Project on the Site.
Similarly, the Company does not hereby assume any obligation to provide advice. Therefore, the Company cannot in any way be held responsible for the consequences of the Contributions of Internet users. In particular, the Company only intervenes on a limited basis with Project Developers to assist them in the presentation and promotion of their Projects.
8.6 Disputes between Internet users
The Company shall not be liable in the event of a dispute between Users and/or Visitors and/or Project Developers who have entered into contact with each other on the Site.
8.7 Hypertext links
The Site contains links to third party websites.
The linked sites are not under the control of the Company, and the Company is not responsible for the content of such linked sites. The Company provides these links for convenience and a link does not imply that the Company sponsors or recommends the linked site or that the Company is affiliated with it.
The linked sites are owned and operated by independent resellers or service providers and, as a result, the Company cannot guarantee that the User will be satisfied with their products, services or business practices.
It is the User’s responsibility to make any checks that he deems necessary or appropriate before proceeding with any transaction with any of these third parties.
Article 9. Intellectual Property
9.1 Content distributed by the Company
9.1.1 Ownership of the Site and its contents
The Company’s trademarks (in particular Hemeria) and derived logos are its intellectual property.
More generally, all intellectual property rights, both economic and moral, relating to the content and information elements of the site belong to the Company itself, subject to any economic rights that may belong to a third party and for which the Company has obtained the necessary rights transfers or authorizations.
The rights granted to the User to use the Site and the services provided by the Company do not imply any transfer or authorization to operate or use any of the elements of the Site.
All intellectual property elements, and in particular trademarks, designs, texts, hyperlinks, logos, images, video, sound elements, software, layout, databases, codes, etc. contained on the Site and associated sites are protected by national and international intellectual property law. They remain the exclusive property of the Company and/or its partners.
Consequently, without the prior written authorization of the Company and/or its partners, the User may not reproduce, represent, republish, redistribute, adapt, translate and/or partially or completely transform, or transfer to another site, any element of the Site.
Users are authorized to reproduce on third party websites the Hemeria logo, but only for the purpose of promoting their Project and/or the Hemeria website.
The User acknowledges and acknowledges that failure to comply with this prohibition constitutes an act of counterfeiting that is punishable both in civil and criminal terms.
9.1.2 Rights of the database producer
The Company is the producer of the database created by the Site within the meaning of Articles L. 341-1 et seq. of the French Intellectual Property Code. Any extraction or use of the content of the database not expressly authorized may engage the civil and/or criminal liability of its author.
The Company reserves the right to take any legal action against persons who have not complied with this prohibition.
9.2 Content distributed by Users
The User grants the Company a license to use the intellectual property rights attached to the content provided by the User concerned for distribution on the Site.
This license includes in particular the right for the Company to reproduce, represent, adapt, translate, digitize, use or sublicense the content concerning the User (information, images, videos, description, search criteria, etc.) on all electronic communication media in the context of the provision of its Services.
This license authorizes the Company to present projects on partner sites, or to authorize partner sites to retrieve data from these projects in order to present them on their own online or offline communication media.
The User expressly authorizes the Company to modify said content in order to respect the graphic charter of the Site or the other communication media referred to above and/or to make them compatible with its technical performance or the formats of the media concerned.
These rights are granted worldwide and for the entire duration of the execution of these General Conditions between the User and the Company.
The User also agrees not to copy, reproduce, or otherwise use the content relating to other Users other than for the strict purposes of using the Services for personal and private purposes.
Article 10. Suspension and interruption of Services
Without this creating at its expense an obligation to check the content, accuracy and consistency of the content, the Company is entitled to refuse, in accordance with press and publication practice, the insertion of a Project.
The Company is free to remove or modify, before or after its distribution, any content on the Site that is not related to the content normally expected, the editorial line of the Site or that does not comply with the laws and regulations in force.
To this end, the Company is entitled to carry out electronic surveillance to identify the disputed content and to impose sanctions against its author, including exclusion.
The Company reserves the right to suspend or limit access to the services subscribed to by the User after having informed the interested party by any means in the event of non-performance by the User of one of its obligations under these General Conditions of Use.
Thus, without prejudice to the provisions of Article 12 “Termination”, in the event of a breach by a User of any of its obligations, the Company reserves the right to block any Project or content of the User concerned, to delete disputed messages or content of any kind, to prevent the publication of all or part of the Project, and/or to block its access to all or part of the Services, temporarily or permanently, without compensation or reimbursement and without prejudice to the remedies that may be exercised against the User.
In the event of suspension and for any reason whatsoever, the Company reserves the right not to reimburse, as a penalty clause, all or part of the amounts credited and which it deems necessary to compensate for any damage of any kind that it may have suffered.
Article 11. Force majeure
The Company may not be held liable if the performance of one of its obligations is prevented or delayed due to a case of force majeure as defined by the case law of the French Courts and in particular, without this list being exhaustive, natural disasters, fires, blocking of means of transport for any reason whatsoever; total or partial strikes, internal or external to the company, lockout of the company; blocking of telecommunications or computer networks by any means whatsoever (power failure, computer virus, etc…), governmental or legal restrictions.
Article 12. Termination of contract
The User or the Project Developer may at any time request the termination of his account, either directly via his user interface, or by email to the address firstname.lastname@example.org, or by letter addressed to HEMERIA SAS, 140 rue de Belelville, 75020 Paris.
These General and Use Conditions may be terminated by the Company upon one (1) month’s notice.
In addition, in the event of non-performance or non-compliance by the User with one of the obligations and stipulations provided for herein, the Company may modify, suspend, limit or terminate access to the Site within fifteen (15) days of a formal notice addressed to the User, which has remained unsuccessful, without the User being able to claim any compensation whatsoever, without prejudice to the damages that the Company may claim to compensate the damage suffered.
In the event of a serious breach of any of the provisions of the General Terms and Conditions of Use, the Company shall be entitled to terminate the User’s account without notice or formal notice, without any compensation and without prejudice to the damages that the Company may claim to compensate the damage suffered.
In the event of termination, the Projects during the Collection Period may then be terminated and the related Contributions may be reimbursed to the Contributors concerned.
Article 13. Final Provisions
13.1 Correspondence – Evidence
Correspondence between the Company and Users is mainly by e-mail. Also, pursuant to Articles 1316 et seq. of the French Civil Code, the User acknowledges and accepts that the information provided by the Company by e-mail and on the Site is authentic between the parties and receives the same probative force as a handwritten document.
Unless otherwise expressly stipulated, notifications between the parties hereto shall be made by e-mail.
Notifications are deemed to have been received 24 hours after the email was sent, unless the sender is notified of the invalidity of the email address.
13.3 Applicable law
By express agreement between the parties, these General Conditions of Use and the operations resulting from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, the French text alone shall prevail in the event of a dispute.
13.4. Litigation management
In the event of any difficulty or dispute between the parties in connection with the interpretation, performance or termination of these General Terms and Conditions of Use, the parties shall endeavour to resolve it as best as possible and agree to seek an amicable solution in the spirit of these General Terms and Conditions of Use.
In the event of a dispute, you can send a written complaint to our Customer Service by e-mail: email@example.com by mail to the following address: 140 rue de Belleville, 75020 Paris.
In the absence of an amicable solution, the most diligent party shall refer the matter to the competent courts.
IT BEING SPECIFIED THAT ANY DISPUTE WITH A USER ACTING AS A MERCHANT AND DOES NOT ARISE FROM THE INTERPRETATION, EXECUTION OR BREACH OF THESE GENERAL CONDITIONS IS THE COMPETENCE OF THE COMMERCIAL COURT OF PARIS.
In the event that one or more provisions contained in the General Terms and Conditions of Use are declared null and void, the validity of the other provisions of these General Terms and Conditions shall not be affected in any way.
Provisions declared null and void shall, in accordance with the spirit and purpose hereof, be replaced by other valid provisions which, having regard to their scope, are as close as possible to the provisions declared null and void by law.
The fact that the Company does not invoke, at any time or other, any of the provisions of these General Terms and Conditions of Use shall not be construed as a waiver by the Company of its right to invoke them at a later date.
The Company reserves the right to assign to any third party of its choice all or part of its rights and obligations under these General Terms and Conditions or to substitute any third party for the execution of these General Terms and Conditions, which the User accepts without reservation.