{"id":2370,"date":"2019-01-17T20:22:28","date_gmt":"2019-01-17T19:22:28","guid":{"rendered":"https:\/\/crowdfunding.hemeria.com\/?page_id=2370"},"modified":"2019-06-08T01:49:53","modified_gmt":"2019-06-07T23:49:53","slug":"terms-and-condition","status":"publish","type":"page","link":"https:\/\/crowdfunding.hemeria.com\/it\/terms-and-condition\/","title":{"rendered":"Terms and condition"},"content":{"rendered":"<p><strong><a href=\"https:\/\/xtehibk.cluster027.hosting.ovh.net\/fr\/conditions-generales\/\">VERSION FRAN\u00c7AISE ICI<\/a><\/strong><\/p><p> 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.<\/p><p>Last update: January, 15th 2019<\/p><p>Preamble<\/p><p>HEMERIA SAS, a\nsimplified joint stock company with a share capital of \u20ac10020,\nregistered in the Paris Trade and Companies Register under number 844\n202 515, currently being registered as an IFP with ORIAS, whose\nregistered office is located at 140 rue Belleville, 75020 Paris,\nFrance (hereinafter referred to as &#8220;the Company&#8221;),\npublishes and runs a website under the Hemeria Crowdfunding brand,\naccessible on the internet network at crowdfunding\naddress.hemeria.com (hereinafter referred to as &#8220;Hemeria&#8221;\nor &#8220;the Site&#8221;), having as object:<\/p><p>    to present to\nInternet users projects seeking funding, whatever the stage of\nprogress of the project (idea, development, publishing, distribution,\netc.);<\/p><p>    to provide an\nintermediation service between Project Developers and Internet users\nvia the Site managed by the Company in order to facilitate their\ninteraction and promote the Projects presented on Hemeria;<\/p><p>    to allow Project\nDevelopers to submit to Hemeria one or more Projects for which it is\nseeking a financial contribution in order to carry it out;<\/p><p>    to propose to\nInternet users to become Users of the Site and to support financially\nor several Projects by paying a Contribution;<\/p><p>Hemeria acts as an\nintermediary between Internet users who wish to participate in the\nfinancing of the Projects and Project Developers who are looking for\na financial contribution to finance their Project.<\/p><p>The purpose of these\nGeneral Terms and Conditions is to define the terms and conditions\nfor making these Services available to users of the Site.<\/p><p>The use of Hemeria\nor the services offered on Hemeria implies the full and complete\nacceptance of these General Terms and Conditions of Use by Users.<\/p><p>Article 1.\nDefinitions and scope of application<\/p><p>1.1 Definitions<\/p><p>The definitions\nbelow have the same meaning whether they are used in the singular or\nplural.<\/p><p>&#8220;Bank Card&#8221;\nmeans a valid payment or credit card, subject to acceptance by\nHemeria (Visa, MasterCard, CB).<\/p><p>&#8220;Commission&#8221;\nrefers to the remuneration due to the Company and deducted from the\nContributions collected by the Project Developer in consideration of\nthe intermediation service provided.<\/p><p>&#8220;Personal\nAccount&#8221; refers to the User&#8217;s personal space on the Site. This\nspace is accessible only by entering the login details, and allows\naccess to the Services provided by the Company. It also allows the\nUser to consult and modify his own personal data.<\/p><p>&#8220;General\nConditions&#8221; refers to these general conditions of use of the\nSite applicable to Visitors which may be consulted on the Site by any\nVisitor and to which such Visitors must adhere in order to become a\nUser.<\/p><p>&#8220;Counterparty&#8221;\nrefers, where applicable, to the consideration(s) that may be offered\nby the Project Developer to Internet users in exchange for their\nContribution to the Project. The Counterparty (s) related to a\nProject will be defined on a case-by-case basis on the Site, at the\nsole discretion of the Project Developer creating the Project.<\/p><p>&#8220;Contribution&#8221;\nrefers to any amount in cash collected by the Project Developer\nthrough the Site to finance one or more Projects proposed on the\nSite.<\/p><p>&#8220;Intellectual\nProperty Rights&#8221; refers to all intellectual property rights as\nprovided for in the Intellectual Property Code and national\nconventions and, in particular, copyright, related rights of\nperformers and producers of phonographic and video graphics,\ntrademark law, patents, trade names (including Internet domain names\nand e-mail address names), copyrights, moral rights, rights on all\nmodels, rights on all databases, know-how, registered or not\nregistered or that may be registered or not and existing in any part\nof the world.<\/p><p>&#8220;Identifier&#8221;\nrefers to the data necessary for the identification of a User by the\nIssuer consisting of a User (valid email address) and a password.<\/p><p>&#8220;Business Day&#8221;\nrefers to a calendar day with the exception of Saturdays, Sundays and\npublic holidays in metropolitan France.<\/p><p> &#8220;Financing\nObjective&#8221; refers to the total amount of Contributions sought by\nthe Project Developer for the realization of a Project and open for\ncollection from Internet users through the Site. This financing\nobjective may be expressed, depending on the choice of the project\nleader, either as a monetary objective or as an objective in terms of\nthe number of Contributions to be obtained for the Project.<\/p><p>&#8220;Party&#8221;\nrefers, as the case may be, to the Company and\/or any User having\naccepted the application of the General Terms and Conditions, and\n&#8220;Parties&#8221; refers to all of them.<\/p><p>&#8220;Collection\nPeriod&#8221; refers to the period of time during which Internet users\nmay make Contributions through the Site and thus enable the Project\nDeveloper to achieve the Financing Objective required to carry out\nthe Project.<\/p><p>&#8220;Project\nDeveloper&#8221; or &#8220;Project Creator&#8221; refers to any natural\nor legal person registered on the Site with the objective of\npresenting and promoting one or more Projects that will be carried\nout with the support of the Contributions collected by the\nintermediary of the Site from Internet users;<\/p><p>&#8220;Project&#8221;\nrefers to any profit or non-profit initiative carried out by a\nProject Developer and published on the Site in accordance with the\nGeneral Terms and Conditions of Use.<\/p><p>&#8220;Service(s)&#8221;\nrefers to all the Services, whether paid or free, offered on the\nSite.<\/p><p>&#8220;Transaction&#8221;\nrefers to a transaction concluded by a User under the conditions set\nout in the General Terms and Conditions of Use of the Site and giving\nrise to a Payment Transaction.<\/p><p>&#8220;Hemeria\nCrowdfunding&#8221; or &#8220;the Site&#8221;: refers to the site\naccessible on the Internet at https:\/\/xtehibk.cluster027.hosting.ovh.net,\nexclusively owned by the Company, whose purpose is in particular to\nenable Project Developers to promote their Projects and Internet\nusers to provide financial support to these Projects, through the\nContributions made through the Site.<\/p><p>&#8220;Internet\nUsers&#8221; refers to a User who has registered on the site and\/or\nwho wishes to support one or more Projects proposed on the Site by\nmaking Project Contributions.<\/p><p>&#8220;User&#8221;\nrefers together to the Project Developers and Internet Users\nregistered on the Site under the condition that they have previously\nagreed to the General Terms and Conditions.<\/p><p>&#8220;Visitor&#8221;\nrefers to any person who visits the Site to view the content and\ninformation published on the Site without being registered or prior\nto registering on the Site as a User.<\/p><p>1.2 Scope of\napplication<\/p><p>These general terms\nand conditions of use (&#8220;hereinafter the General Terms and\nConditions&#8221;) apply, without restriction or reservation, to all\nServices offered by the Company on its Site, accessible in particular\nat crowdfunding.hemeria.com, unless specific conditions apply to\ncertain Services.<\/p><p>These General\nConditions prevail over any other general or special conditions not\nexpressly approved by the Company. The subscription of Services is\nreserved for Users who have previously read the General Terms and\nConditions of Use in their entirety and who have accepted them\nwithout reservation.<\/p><p>The User declares\nand acknowledges having read the General Conditions of Use in their\nentirety.<\/p><p>These General Terms\nand Conditions of Use take effect as from their publication on the\nSite and remain in force until they are partially or totally amended\nby the Company.<\/p><p>The General Terms\nand Conditions of Use are updated on a regular basis, and are\ntherefore subject to change. In view of the possible extensions and\nimprovements to the operation of the Site, the Company reserves the\nright to adapt or modify at any time the scope of the services\noffered through the Site. The Company reserves the right to\nunilaterally modify the General Terms and Conditions of Use at any\ntime, without notice.<\/p><p>The new features\nwill be put online on the Site in order to be made known to Users and\nProject Developers. It is therefore the User&#8217;s responsibility to\nconsult and accept the General Terms and Conditions of Use at the\ntime of making a Contribution, in particular in order to ensure that\nthe provisions in force are respected. Each use of the Services\noffered on the Site by Users constitutes acceptance of the latest\nversion of the General Terms and Conditions of Use published on the\nSite.<\/p><h2 class=\"wp-block-heading\">Article 2. Conditions d\u2019acc\u00e8s et d\u2019inscription\nsur le Site<\/h2><h3 class=\"wp-block-heading\">2.1 Consentement et capacit\u00e9<\/h3><p>L\u2019inscription se fait en compl\u00e9tant un formulaire en ligne. Une\nfois le formulaire rempli et valid\u00e9. Lors de l\u2019inscription,\nl\u2019Utilisateur ou le Porteur de Projet s\u2019engage \u00e0 fournir des\ndonn\u00e9es exactes, et est tenu de remplir l\u2019ensemble des champs\nobligatoires figurant dans le formulaire d\u2019inscription.<\/p><p>L\u2019Utilisateur personne physique doit \u00eatre majeur et doit avoir\nla capacit\u00e9 de contracter.<\/p><p>Le repr\u00e9sentant de l\u2019Utilisateur personne morale certifie\nd\u00e9tenir l\u2019int\u00e9gralit\u00e9 des droits n\u00e9cessaires \u00e0 la conclusion\ndes pr\u00e9sentes au nom de la personne morale qu\u2019il repr\u00e9sente.<\/p><p>La Soci\u00e9t\u00e9 se r\u00e9serve le droit de refuser l\u2019inscription \u00e0\ntout Utilisateur qui ne remplirait pas les conditions de bonne\nmoralit\u00e9, ou qui conviendrait aux valeurs et \u00e0 l\u2019\u00e9thique que la\nSoci\u00e9t\u00e9 s\u2019efforce de v\u00e9hiculer, sans que cette derni\u00e8re ne soit\ntenue de motiver ce refus. La Soci\u00e9t\u00e9 est seule d\u00e9cisionnaire des\ninscriptions qu\u2019elle retient, sans recours possible, ni indemnit\u00e9\nde quelque nature que ce soit.<\/p><p>L\u2019Utilisateur s\u2019engage \u00e0 ne pas cr\u00e9er ou utiliser d\u2019autres\ncomptes que celui initialement cr\u00e9\u00e9, que ce soit sous sa propre\nidentit\u00e9 ou celle d\u2019un tiers. Toute d\u00e9rogation \u00e0 cette r\u00e8gle\ndevra faire l\u2019objet d\u2019une demande explicite de la part de\nl\u2019Utilisateur et d\u2019une autorisation expresse et sp\u00e9cifique de la\nSoci\u00e9t\u00e9. Le fait de cr\u00e9er ou utiliser de nouveaux comptes sous sa\npropre identit\u00e9 ou celle de tiers sans avoir demand\u00e9 et obtenu\nl\u2019autorisation de la Soci\u00e9t\u00e9 pourra entra\u00eener la suspension\nimm\u00e9diate du compte de l\u2019Utilisateur et de tous les services\nassoci\u00e9s.<\/p><p>L\u2019Utilisateur garantit que les informations par lui communiqu\u00e9es\nsur le Site sont exactes, sinc\u00e8res et conformes \u00e0 la r\u00e9alit\u00e9. Il\ns\u2019engage \u00e0 informer La Soci\u00e9t\u00e9 sans d\u00e9lai en cas de\nmodification des informations communiqu\u00e9es au moment de\nl\u2019inscription et, le cas \u00e9ch\u00e9ant, \u00e0 proc\u00e9der lui-m\u00eame \u00e0 ces\nmodifications au sein de son espace personnel.<\/p><p>2.2 Username and\npassword<\/p><p>As soon as his\naccount is created, the User will choose or be assigned an identifier\nand a password (hereinafter &#8220;Identifiers&#8221;) allowing him to\naccess his personal space. These identifiers are personal and\nconfidential. They may only be changed at the User&#8217;s request or on\nthe Company&#8217;s initiative.<\/p><p>The User is solely\nand entirely responsible for the use of the Identifiers concerning\nhim\/her and undertakes to do everything possible to keep his\/her\nIdentifiers secret and not to disclose them to anyone, in any form\nwhatsoever and for any reason whatsoever.<\/p><p>The User shall be\nliable for the use of his Identifiers by third parties or for actions\nor statements made through his personal User account, whether\nfraudulent or not and guarantees the Company against any request in\nthis respect.<\/p><p>In addition, since\nthe Company has no obligation and does not have the technical means\nto ensure the identity of persons registering on the site, it is not\nliable in the event of usurpation of the User&#8217;s identity. If the User\nhas reason to believe that a person is fraudulently using\nidentification elements or his account, he must immediately inform\nthe Company.<\/p><p>In the event of loss\nor theft of one of the Identifiers concerning him, the User is\nresponsible for any harmful consequence of such loss or theft, and\nmust use, as soon as possible, the procedure allowing him to modify\nthem.<\/p><p>In the event that\nthe User becomes aware of another person&#8217;s access to his or her\nPersonal Account, the User shall immediately inform the Site manager\nby e-mail at contact@hemeria.com, and shall confirm this information\nby registered letter to the following address: 140 rue de Belleville,\n75020 Paris.<\/p><p>Any fraudulent use\nof the site, or any use that contravenes these General Terms and\nConditions, will justify denying the User access to the Services or\nother features of the Site at any time.<\/p><p>Article 3.\nConditions Applicable to Project Developers<\/p><p>3.1 Nature of the\nServices offered to Project Developers<\/p><p>The Site allows\nUsers who so wish to present their Project(s) in order to distribute,\npromote and finance a Project on the Site.<\/p><p>The conditions\napplicable to Project Developers apply only to Projects led by the\nProject Developer who creates and animates on the Site a community of\nUsers supporting his Project. In this respect, the Company acts as a\ntechnical intermediary by providing the Project Developer with an\nonline platform enabling him to finance, distribute and promote his\nProject on a web page or a set of pages dedicated to said Project.<\/p><p>3.2 Presentation of\nthe Projects<\/p><p>Project Developers\nwho wish to promote their Projects and obtain financing, submit to\nthe Company, for publication on the Site, a presentation detailing\nthe nature, objectives, main characteristics and progress of the\nProject(s) they intend to develop with the support of Internet users.\nThe project can be implemented with the help of Hemeria, in\naccordance with the offer on hemeria.com.<\/p><p>In order to be\naccepted by the Company for possible promotion on the Site, the\nProject Developer undertakes to provide clearly and precisely, for\nany proposed Project: the description of the Project, the minimum\namount that the Contributions must reach in order for the Project to\nbe considered as financed, the Collection Period as well as the\nCounterparts that it proposes.<\/p><p>The characteristics\nand parameters of the Project are subject to the prior acceptance of\nthe Company without obligation to justify its refusal and without in\nany way guaranteeing the success of the Project.<\/p><p>For example, the\nCompany will systematically refuse fanciful Projects, devoid of\nseriousness, detached from any concrete reality and doomed to\nfailure.<\/p><p>Once posted on the\nSite, the Projects may no longer be modified except to make\ncorrections that are intended solely to improve the achievement of\nthe objectives pursued by the Project.<\/p><p>It is the Project\nDeveloper&#8217;s responsibility to ensure that it has all the necessary\nrights to publish the Project on the Site and that it complies with\nall laws and regulations applicable to the design and execution of\nthe Project concerned. In particular, Project Developers shall\nrefrain from bringing Projects in violation of applicable laws and\nregulations, which may violate the human dignity or privacy of a\nperson, the protection of the personal data of third parties,\ncontrary to morality, or inciting or leading to illegal activity or\nany other activity that would infringe the rights of the Company and\nits co-contractors, other Users and, more generally, any third\nperson.<\/p><p>The Project\nDeveloper is fully responsible for the content of the Project\npresentation published on the Site and must ensure in particular that\nthis presentation does not mislead Users.<\/p><p>The Project\nDeveloper acknowledges that the provision of misleading, incomplete\nor erroneous information may give rise to liability against the\nCompany and the Users and assumes full responsibility for the\nconsequences resulting from any omission or negligence in this\nrespect.<\/p><p>In the event of the\nProject Developer&#8217;s death, incapacity, accident or any other event\nthat renders him\/her unable to carry out his\/her Project, the Company\nis authorised to suspend the collection in progress. More generally,\nthe Company may at its discretion cancel an ongoing collection and\ndelete a Project if it is found that the Project Developer is in\nbreach of these terms and conditions.<\/p><p>In this case, all\nregistered Contributions would be immediately cancelled, the Internet\nusers concerned reimbursed and the Project Developer could not claim\nto recover the sums collected.<\/p><p>Project Developers\nacknowledge that they are firmly committed to implementing all means\nto make their Projects a reality if they succeed in collecting the\nnecessary Contributions.<\/p><p>They are invited to\nregularly update their Projects and to share with other Users\ninformation concerning the current status of their Projects and their\nimplementation.<\/p><p>They undertake to\nkeep Internet users informed of the major progress of their Projects,\neven after the end of the Collection Period.<\/p><p>3.3 Promotion on and\noff the Site<\/p><p>In the context of\nthe management of the Company&#8217;s Projects and marketing operations,\nthe Company is required to promote Projects, Services, the Site\nand\/or the Company.<\/p><p>The Project\nDeveloper hereby agrees that the content and information provided may\nbe freely used by the Company for the purpose of promoting the\nProject.<\/p><p>Thus, the Project\nDeveloper grants the Company exclusively and free of charge, for the\nentire world and for the entire duration hereof, the rights as\nspecified below, in order to enable the Company to provide the\nService in the form of broadcasting on the Internet, on mobile\ntelephone networks and\/or on any other current communication network\nopen to the public.<\/p><p>In this respect, the\nProject Developer grants the Company the right, in particular:<\/p><p>    to use, in the\ncontext of its communication and promotion of the Site, its name as\nwell as the name and characteristics of the Project;<\/p><p>    the right to\nreproduce and have reproduced the content and information provided on\nthe Site on any network, by any process, in any known or unknown\nform, in association or not with other works of any nature\nwhatsoever, provided that such exploitation is carried out in\nconnection with the promotion of the Project;<\/p><p>    represent or\nhave represented all or part of the contents of the Project;<\/p><p>    adapt or have\nadapted all or part of the contents of the Project.<\/p><p>The Project\nDeveloper also expressly authorizes the Company to promote and\/or\nadvertise the Project, and to broadcast with the content advertising,\ncommercial and\/or promotional messages relating to third party\nproducts or services.<\/p><p>The Project\nDeveloper also expressly agrees that the content and information\nprovided may be used on the Site with the presence of trademarks or\nlogos of the Company&#8217;s partners.<\/p><p>3.4 Implementation\nof Projects\/ Obligations of Project Developers<\/p><p>The Project\nDeveloper undertakes to fulfil all its obligations towards Internet\nusers, in particular to carry out the Project as initially defined\nand to remunerate them for the Counterparties described in the\nProject, where applicable.<\/p><p>The Project\nDeveloper is invited to ensure that it will be able to provide the\nCounterparts it offers to Internet users at the end of the open\ncollection for the financing of their Project. The Counterparties may\nbe of any nature other than financial (personal creations, works,\npartnership offers, invitations, etc.). Hemeria assists the project\nleader in this process.<\/p><p>The Project\nDevelopers undertake not to offer or provide any unlawful\nCounterparty, in particular of a sexual, racist, discriminatory,\ndefamatory, abusive, xenophobic, inciting to violence, violating the\nimage of third parties, violating public order or morality, contrary\nto law, violating professional secrecy, property and the law on\ntrademarks, patents or any other intellectual or industrial creation\nowned by third parties, dangerous or falsified.<\/p><p>In the event that\nthe Project Developer is unable to pay the Internet users of the\npromised Counterparties, he expressly undertakes to reimburse them in\nfull and accepts that the Company may under no circumstances assist\nhim in this process.<\/p><p>The Project\nDeveloper expressly acknowledges that it is solely responsible for\nthe administrative, accounting, tax and social management relating to\nthe Project, including the amounts received through the Company.<\/p><p>The Company is not\nresponsible for the actions of the Project Developers, who remain\nsolely responsible for the terms that bind them with Internet users\nin the context of the collection of Contributions through the Site.\nProject Developers are responsible for the Contributions they\norganise through the Site and for any Considerations they propose in\nconnection with the Projects presented on the Site.<\/p><p>Consequently, the\nrisks involved in the development and execution of a Project, such as\npossible postponements and cancellation of a Project, are entirely\nborne by the Project Developers.<\/p><p>Project Developers\nmay arrange repayments at their sole discretion. The Company is not\nresponsible for reimbursements that may or may not be made on\ncollections of Contributions.<\/p><p>The Project\nDeveloper undertakes not to propose its Project or any other related\nProject on any other website or internet platform for participatory\nfinancing.<\/p><p>Hemeria may itself\nbe called upon to carry out projects on behalf of third parties.<\/p><p>Article 4.\nConditions applicable to the collection and monitoring of\nContributions<\/p><p>4.1 Collection of\nContributions<\/p><p>Internet users are\nentirely free to decide the amount and allocation of their\nContributions.<\/p><p>If necessary, they\nare required to choose the Counterparty level proposed by the Project\nDeveloper, it being specified that the amount of the Contribution\npaid must be equal to or greater than the value of the Counterparty\nchosen.<\/p><p>By accepting this\nAgreement, the Internet user declares that the source of the funds\nused by him\/her on the Site is not illegal and undertakes not to use\nit for any illegal or fraudulent activity, including money\nlaundering.<\/p><p>It is reminded here\nthat the Company is only an intermediary between the Project\nDeveloper and the Internet user in the context of the promotion of a\nProject, by making its Services and the Site available to the Project\nDeveloper and the Internet user.<\/p><p>Consequently, the\nInternet user may not seek the Company&#8217;s liability in the event of\nthe Project Developer&#8217;s failure to comply with its obligations.<\/p><p>4.2 Payment of\nContributions by Internet users<\/p><p>It is specified that\nthe Company does not receive commissions from Internet users on the\nContributions collected. The commissions that the Company charges are\nin fact the responsibility of the Project Developers only.<\/p><p>Payment of the\nContribution will be made using one of the payment methods proposed\nfor the Project concerned, which may be, for example, credit card,\nand\/or Paypal, and\/or payment by cheque, and\/or any other payment\nmethod already proposed on the Site or which will be integrated into\nthe service in the future.<\/p><p>4.2.1 Online payment\nby a means other than Paypal<\/p><p>When you make a\nContribution on a Project or publish a Project, you accept the terms\nof use of the payment systems used on the Site.<\/p><p>    For VISA and\nMastercard payment and fundraising flows: the Company has chosen to\ntrust Payplug SA through the Payplug Pro solution for all electronic\npayment services denominated in euros and in the currencies of the\nVisa and Mastercard cards. By using the payment system offered on the\nSite to make a payment or collect funds, you therefore accept the\nPayplug terms of use which are attached hereto and are an integral\npart of the Hemeria Site&#8217;s general terms of use.<\/p><p>4.2.3 Payment by\nPAYPAL<\/p><p>By supporting a\nProject with the PayPal payment system, the Internet user accepts the\nterms of use of the PayPal Service available on www.paypal.fr. The\nSupport is only debited if the Project Manager achieves his\nobjective.<\/p><p>PayPal charges its\nown commission on the payments made. This commission applied by\nPayPal is collected directly by PayPal.<\/p><p>In addition, the\nCompany applies its own commission for the intermediation service, as\nprovided for in Article 4.4.<\/p><p>It is understood\nthat the support of a Project via the PayPal payment system is not\neligible for PayPal Purchase Protection as defined in Article 13 of\nthe PayPal Service Terms of Use which excludes such protection for\npayments made on financing platforms or equity loans (see Article\n13.3.iv).<\/p><p>4.2.3 Payment by\ncheque or transfer to the Project Developer<\/p><p>The Company reserves\nthe right to accept or not the payment by cheque or transfer for each\nof the Project Developers&#8217; Projects.<\/p><p>In this case, the\nContributions will be managed by the Project Developer himself who\nwill collect the Contributions directly.<\/p><p>The cheque or\ntransfer must be sent to the Project Manager by the Internet user.\nThe Project Developer shall then provide the Company with proof of\nreceipt of such cheque or transfer, by means of a copy or photograph\nof such cheque or proof of receipt of the transfer.<\/p><p>The Company will\nthen manually validate the integration of this Contribution by cheque\nor transfer to the sums collected by the Project. The Project\nDeveloper must therefore provide the Company with proof of receipt of\nthe said cheque or transfer before the end of the Collection Period.<\/p><p>Proof of issue of\nthe cheque or the cheque itself must in all cases be received by the\nCompany before the end of the Collection Period. Cheques or transfers\nreceived after the end of the Collection Period, even if they have\nbeen issued and\/or sent in advance for this purpose, may under no\ncircumstances be included in the Collected Funds.<\/p><p>4.3 Contribution\nManagement<\/p><p>4.3.1 Payment by\ncredit card via the Payplug Payment Service Provider<\/p><p>For payments made in\neuros, the Internet user uses the services of the Mangopay Payment\nService Provider. For these transactions, the Contribution is\nimmediately debited from the Internet user&#8217;s account.<\/p><p>Before the expiry\ndate of the Collection Period, the Internet user may cancel his\nContribution. In this case, the amount of his Contribution is\nautomatically credited back to his account.<\/p><p>If at the end of the\nCollection Period the Financing Objective has not been reached, the\nInternet user&#8217;s Contribution is then credited back to his account.<\/p><p>If at the end of the\nCollection Period the Financing Objective has been reached or\nexceeded, the Internet user&#8217;s Contribution is transferred to the\nProject Developer&#8217;s bank account and may no longer be refunded to the\nInternet users who made the Contribution via the system set up by the\nCompany and its partner Payplug.<\/p><p>In the event of a\ndispute, the Internet user must then take action against the Project\nDeveloper.<\/p><p>4.3.2 Payment by\ncheque or bank transfer<\/p><p>The Project\nDeveloper undertakes to cash Contributions by cheque only at the end\nof the Collection Period, and only if the Financing Objective of its\nProject has been achieved.<\/p><p>Before the expiry\ndate of the Collection Period, the Internet user may cancel his\nContribution at any time and ask the Project Developer that the\ncheque issued by the Internet user does not give rise to collection\nand is destroyed.<\/p><p>In the case of\npayment by bank transfer, the Project Developer undertakes to\nreimburse the Internet user for the amount of his Contribution in the\nevent that the Project Financing Objective is not achieved at the end\nof the Collection Period.<\/p><p>In the case of\npayment by transfer, before the expiry date of the Collection Period,\nthe Internet user may cancel his Contribution at any time and ask the\nProject Developer to refund the transfer issued by the Internet user\nto him by the Project Developer.<\/p><p>In the event of a\ndispute, the Internet user must take action against the Project\nDeveloper.<\/p><p>4.3.3 Payment by\nPAYPAL<\/p><p>Before the expiry\ndate of the Collection Period, the Internet user may cancel his\nContribution at any time.<\/p><p>The payment of\nContributions made by PayPal will only be executed by the Company if\nthe Project Financing Objective has been achieved, once the\nCollection Period has ended. The corresponding amounts will then be\ntransferred from the Internet user&#8217;s PayPal account to the Project\nDeveloper&#8217;s PayPal account. The Company will therefore no longer have\nthe possibility of cancelling the corresponding Contributions or\nrefunding the Internet users who have made them.<\/p><p>In addition, it is\nrecalled that Project Financing via PayPal is not eligible for PayPal\nPurchase Protection as defined in Article 13 of the PayPal Service\nTerms of Use, which excludes such protection for payments made on\nfinancing platforms or equity loans (see Article 13.3.iv).<\/p><p>In the event of a\ndispute, the Internet user must then take action against the Project\nDeveloper.<\/p><p>4.4 Commissions for\nremuneration of the Intermediation Service and repayment of sums\ncollected<\/p><p>Access to the Site\nis free of charge.<\/p><p>The Company receives\na commission on funds raised by Projects from Project Developers who\nhave reached or exceeded their Financing Objective at the end of the\nCollection Period.<\/p><p>For Project Holders\nreceiving Contributions, the costs of the Services provided by the\nCompany are calculated as a percentage of the amount of Contributions\ncollected through the Site.<\/p><p>The applicable\npercentage is 8% of the total amount collected.<\/p><p>VAT is applicable at\nthe rate in force on the day on which the transfer of the collected\nfunds is made, and depends on the location of the project leader. The\nservices provided by Hemeria SAS are considered in the Community\nsense as electronic services, the VAT rate applicable when the\nProject Developer is an individual therefore depends on its location.<\/p><p>Since 1 January\n2015, supplies of services supplied by electronic means are taxable\nat the place of consumption when they are supplied by taxable\npersons, whether or not established in the territory of the European\nUnion (EU), to non-taxable persons (&#8220;consumers&#8221;) having\ntheir permanent address or usually reside in the territory of the EU.\nElectronic services are therefore taxable at the VAT rate in force in\nthe Member State where the consumer is domiciled (for example 20% for\na particular Project Developer based in France, which leads to a\ncommission rate of 8% including VAT for funds collected by credit\ncard below \u20ac100,000).<\/p><p>When the Project has\ncollected funds using credit card payments, the Service fees\ncorresponding to all payment methods used are deducted by the Company\nfrom the amount of sums collected by the intermediary of the Site\nduring the transfer to the Project Developer<\/p><p>This repayment is\nmade within a maximum period of 12 working days following the expiry\nof the Collection Period, as soon as the Project Developer has\nindicated all the information necessary for the payment of the sums\n(bank details in particular) and provided all the identification data\nnecessary for the payment of the funds (RIB, copy of identity\ndocument&#8230; etc).<\/p><p>In the event of\npayment of funds collected by credit card insufficient for the\nCompany to be able to deduct the amount of its commission, it will be\nthe responsibility of the Project Developer to pay the Company the\namount of the commission due upon receipt of the invoice.<\/p><p>4.5 Taxes applicable\non funds collected and issuance of tax receipts<\/p><p>It is the\nresponsibility of each User to pay any applicable tax or associated\ntax, whether on Contributions collected through the Site as a Project\nDeveloper, or on Contributions made by Internet users in support of\nthe Project.<\/p><p>Under no\ncircumstances may the Company substitute itself for them for this\npurpose or even advise them on the nature and details of their\nobligations.<\/p><p>Project Developers\nare responsible for preparing and sending directly to Internet users\nany tax receipts certifying donations made through the Site.<\/p><p>It is the\nresponsibility of each Internet user to verify his eligibility to\nbenefit from tax deductions on all or part of the Contributions made\nthrough the Site, in accordance with the provisions of French law in\nforce.<\/p><p>Any claim relating\nto the production of said tax receipts and the information contained\ntherein must be addressed directly by the Internet users to the\nProject Developer.<\/p><p>4.6 Information on\nInternet users transmitted to Project Developers<\/p><p>In order to enable\nProject Developers to send the Counterparties promised to the\nInternet user and\/or tax receipts, the Company provides Project\nDevelopers with information on the identity of Internet users who\nhave contributed to a Project as well as their postal addresses, in\naccordance with Hemeria&#8217;s Privacy Policy. For more information on the\ndata provided by the Company to Project Developers, you are invited\nto consult Hemeria&#8217;s Privacy Policy.<\/p><p>Article 5.\nConditions applicable to message delivery services: comment spaces<\/p><p>5.1. Liability for\nmessages and content posted by Users and Project Developers<\/p><p>The User or Project\nDeveloper shall refrain from posting any content that is likely to\nmislead other users of the site, or that constitutes a false\nstatement. He shall be solely liable to other users for any damage\nsuffered by them as a result of the inaccurate or misleading nature\nof such content.<\/p><p>The User or Project\nDeveloper must ensure that he\/she owns the rights, in particular\nintellectual property rights, necessary for the publication of the\ncontent he\/she disseminates.<\/p><p>The User or Project\nDeveloper must ensure that he or she does not disclose personal data\nof third parties without their consent. For more information on this\nsubject, you are invited to consult Hemeria&#8217;s Privacy Policy.<\/p><p>The Company declines\nany liability resulting from any violation of the rights of third\nparties.<\/p><p>Users and Project\nDevelopers are solely responsible for the content and data they post\non the Forums and comment areas and undertake that the information\npublished does not violate any legal or regulatory provisions in\nforce. In particular, the User, or the Project Developer is\nprohibited from posting any clearly or potentially illegal content,\nregardless of the medium (sounds, texts, images, videos, etc.)<\/p><p>The Company does not\nexercise any upstream moderation on messages and content posted by\nUsers, or Project Developers, or to which the Site may refer. It acts\nas a host within the meaning of Article 6 I 2\u00b0 of the LCEN, and as\nsuch engages in a simple storage activity.<\/p><p>5.2 Information of\nthe Company by the Users of the Site.<\/p><p>Any User must report\nany illegal or obviously illegal content to the Company by email to\ncontact@hemeria.com<\/p><p>5.3. Right to delete\nthe contents and\/or Personal Account of the User or Project\nDeveloper.<\/p><p>Under the conditions\nand within the limits of the applicable regulations, the Company\nreserves the right to immediately delete, without prior notice and\nwithout compensation, any illegal or obviously illegal content of\nwhich it has become aware, as well as the Personal Account of any\nUser or Project Developer who has published the illegal content.<\/p><p>In addition,\npursuant to Article 6 I 7\u00b0 of the LCEN, the Company reserves the\nright to communicate to the judicial authorities any element allowing\nthe identification of any User who has posted clearly illegal content\nbrought to its attention in accordance with Hemeria&#8217;s Privacy Policy.<\/p><p>Article 6. Duration\nof the relationship with the company<\/p><p>These General Terms\nand Conditions of Sale and Use apply throughout the period of use of\nthe Site and until the account is closed for any reason whatsoever.<\/p><p>Article 7.\nProtection of personal data<\/p><p>The use of the\nHemeria Site and Services involves the processing of personal data by\nHemeria. The management and protection of the personal data of Users\nand\/or Visitors and\/or Project Developers is governed by Hemeria&#8217;s\nPrivacy Policy, which can be accessed via the following link:\nhttps:\/\/hemeria.com\/respect-de-la-vie-privee\/<\/p><p>Some data may be\ncollected through cookies and other similar technologies on the\nInternet.<\/p><p>Article 8.\nResponsibilities<\/p><p>8.1 Network\noperation<\/p><p>To use the Services,\nthe User must have the equipment, software and parameters necessary\nfor the proper functioning of the Site. The User must have the\nskills, hardware and software required to use the Internet. The User\ndeclares that he\/she is fully aware of the characteristics and\nconstraints of the Internet.<\/p><p>Given the specific\nnature of the Internet network, the Company does not offer any\nguarantee of continuity of service, being bound only by an obligation\nof means in this respect.<\/p><p>The Company cannot\nbe held liable for any damage resulting from the temporary inability\nto access any of the services offered by the Site.<\/p><p>Any delay,\nsuspension or cancellation in the distribution of the Project due in\nparticular to technical failures inherent in the operation of the\nInternet network, external to the Company and beyond its control, may\nnot justify a refusal of payment of any kind on the part of the User,\nnor give rise to any right to compensation of any kind whatsoever and\nin any form whatsoever.<\/p><p>The Company shall\nnot be held liable for any failure to operate, impossibility of\naccess, or poor conditions of use of the Site due to unsuitable\nequipment, internal malfunctions of the User&#8217;s access provider,\nmisuse of the Site or services by the User or congestion of the\nInternet network in particular.<\/p><p>The Company declines\nall responsibility for any damage or loss related to the use or\ninability to use the Site or its content, unless otherwise provided\nby law.<\/p><p>8.2 Modification of\nthe Site<\/p><p>It is understood\nthat the content of the Site is not fixed.<\/p><p>Also, all the\ninformation contained on the Site may be modified at any time, taking\ninto account the interactivity of the Site, without this engaging the\nCompany&#8217;s responsibility.<\/p><p>8.3 Site\nAvailability<\/p><p>The Company has an\nobligation of means for the provision of the Services. It thus\ndisclaims any liability for any unavailability, suspension or\ninterruption of the Site or Services that may occur as a result of\nmaintenance, hardware or software upgrades, emergency repairs to the\nSite or as a result of circumstances beyond its control (for example,\nbut without this list being exhaustive, in the event of technical\ndamage or failure of telecommunications links and equipment).<\/p><p>The Company\nendeavours to take appropriate measures to limit such disruptions to\nthe extent that they are attributable to it.<\/p><p>In addition, the\nCompany may not be held liable for indirect or unforeseeable damages\nwithin the meaning of Articles 1150 and 1151 of the French Civil\nCode.<\/p><p>In accordance with\nArticle 1992 of the Civil Code, the Company&#8217;s liability may only be\nsought in the event of fraud or misconduct in its management.<\/p><p>8.4 Use of the Site<\/p><p>The Company wishes\nto draw the attention of Project Developers, Internet Users and Users\nto the fact that by using the Site or Services and\/or by publishing\ncontent and information on the Site, some of the actions carried out\non the Site and some of the information published will be made public\nand accessible to all. The Company therefore calls on Project\nDevelopers, Internet users and Users to exercise caution as to the\nconsequences that this disclosure may have on their privacy (for\nexample, when describing a Project or when contributing to a\nProject).<\/p><p>Once this\ninformation is published, the Company cannot be held responsible for\nthe consequences of this disclosure.<\/p><p>The Company also\nwishes to draw the attention of Project Developers, Internet users\nand Users to the fact that, by publishing content and information on\nthe Site, they may be required to disclose to the Company and\/or the\npublic personal data concerning third parties. The Company therefore\ncalls on Project Developers, Internet Users and Users to exercise\ncaution regarding the consequences that this disclosure, for which\nthey are solely responsible, may have. They must therefore ensure\nthat they check whether they have the right to disclose such data.<\/p><p>Once these data have\nbeen communicated, the Company cannot be held responsible for the\nconsequences of this disclosure.<\/p><p>The information\nprovided by a User, Internet user or Project Leader must be sincere,\naccurate and in accordance with reality. The consequences of their\ndisclosure on their lives and\/or that of third parties are the\nexclusive responsibility of the User, Internet user or Project\nDeveloper concerned.<\/p><p>It is recalled that\nthe User takes the initiative to disclose and distribute on the Site\ninformation, data, texts, content, photos, videos concerning him\/her.\nThe User therefore assumes full responsibility and waives any\nrecourse against the Company, in particular on the grounds of the\ninfringement of his right to his image, honour, reputation and\nprivacy resulting from the dissemination or disclosure of information\nconcerning him, subject to public policy legal provisions.<\/p><p>The Company does not\nguarantee that the information presented is detailed, complete,\nverified or accurate. The documents, information, descriptive sheets,\nand, in general, any content on the site are provided in &#8220;as is&#8221;\ncondition, without any express or implied warranty of any kind.<\/p><p>The Company cannot\nbe held liable for the inaccuracy of the information and content\nprovided by other Users, visitors to the Site and\/or the User\nhimself.<\/p><p>In addition, the\nCompany cannot be held liable for content distributed by a User that\nmay infringe the rights of one or more other Users or third parties.<\/p><p>8.5 Connecting\nProject Developers and Internet Contributors<\/p><p>Because of its role\nlimited to intermediation, Project Developers and Internet\ncontributors expressly acknowledge and accept that the Company shall\nunder no circumstances and in any manner whatsoever be held liable\nfor the Projects and in particular for their presentation, progress,\ndelays or cancellations, the delivery or not of the Counterparties.<\/p><p>The Company is not\nresponsible for the actions or omissions of the Project Developers,\nwho remain solely responsible for all the terms and conditions of\nexecution of the Project vis-\u00e0-vis Internet users, except in cases\nwhere the Company itself is the project carrier.<\/p><p>Internet users\nshould therefore address all their questions or complaints to the\nProject Developers only.<\/p><p>The Project Owner\nguarantees and undertakes to indemnify the Company against any damage\nsuffered by the latter, as well as to protect it against any\nliability action brought against it by a User or, more generally, by\na third party, for the violation of any right resulting from the\npublication and implementation of the Project on the Site.<\/p><p>Similarly, the\nCompany does not hereby assume any obligation to provide advice.\nTherefore, the Company cannot in any way be held responsible for the\nconsequences of the Contributions of Internet users. In particular,\nthe Company only intervenes on a limited basis with Project\nDevelopers to assist them in the presentation and promotion of their\nProjects.<\/p><p>8.6 Disputes between\nInternet users<\/p><p>The Company shall\nnot be liable in the event of a dispute between Users and\/or Visitors\nand\/or Project Developers who have entered into contact with each\nother on the Site.<\/p><p>8.7 Hypertext links<\/p><p>The Site contains\nlinks to third party websites.<\/p><p>The linked sites are\nnot under the control of the Company, and the Company is not\nresponsible for the content of such linked sites. The Company\nprovides these links for convenience and a link does not imply that\nthe Company sponsors or recommends the linked site or that the\nCompany is affiliated with it.<\/p><p>The linked sites are\nowned and operated by independent resellers or service providers and,\nas a result, the Company cannot guarantee that the User will be\nsatisfied with their products, services or business practices.<\/p><p>It is the User&#8217;s\nresponsibility to make any checks that he deems necessary or\nappropriate before proceeding with any transaction with any of these\nthird parties.<\/p><h2 class=\"wp-block-heading\">Article 9. Intellectual Property<\/h2><p>9.1 Content distributed by the Company<\/p><p>9.1.1 Ownership of the Site and its contents<\/p><p>The Company&#8217;s trademarks (in particular Hemeria) and derived logos\nare its intellectual property.<\/p><p>More generally, all intellectual property rights, both economic\nand moral, relating to the content and information elements of the\nsite belong to the Company itself, subject to any economic rights\nthat may belong to a third party and for which the Company has\nobtained the necessary rights transfers or authorizations.<\/p><p>The rights granted to the User to use the Site and the services\nprovided by the Company do not imply any transfer or authorization to\noperate or use any of the elements of the Site.<\/p><p>All intellectual property elements, and in particular trademarks,\ndesigns, texts, hyperlinks, logos, images, video, sound elements,\nsoftware, layout, databases, codes, etc. contained on the Site and\nassociated sites are protected by national and international\nintellectual property law. They remain the exclusive property of the\nCompany and\/or its partners.<\/p><p>Consequently, without the prior written authorization of the\nCompany and\/or its partners, the User may not reproduce, represent,\nrepublish, redistribute, adapt, translate and\/or partially or\ncompletely transform, or transfer to another site, any element of the\nSite.<\/p><p>Users are authorized to reproduce on third party websites the\nHemeria logo, but only for the purpose of promoting their Project\nand\/or the Hemeria website.<\/p><p>The User acknowledges and acknowledges that failure to comply with\nthis prohibition constitutes an act of counterfeiting that is\npunishable both in civil and criminal terms.<\/p><p>9.1.2 Rights of the database producer<\/p><p>The Company is the producer of the database created by the Site\nwithin the meaning of Articles L. 341-1 et seq. of the French\nIntellectual Property Code. Any extraction or use of the content of\nthe database not expressly authorized may engage the civil and\/or\ncriminal liability of its author.<\/p><p>The Company reserves the right to take any legal action against\npersons who have not complied with this prohibition.<\/p><p>9.2 Content distributed by Users<\/p><p>The User grants the Company a license to use the intellectual\nproperty rights attached to the content provided by the User\nconcerned for distribution on the Site.<\/p><p>This license includes in particular the right for the Company to\nreproduce, represent, adapt, translate, digitize, use or sublicense\nthe content concerning the User (information, images, videos,\ndescription, search criteria, etc.) on all electronic communication\nmedia in the context of the provision of its Services.<\/p><p>This license authorizes the Company to present projects on partner\nsites, or to authorize partner sites to retrieve data from these\nprojects in order to present them on their own online or offline\ncommunication media.<\/p><p>The User expressly authorizes the Company to modify said content\nin order to respect the graphic charter of the Site or the other\ncommunication media referred to above and\/or to make them compatible\nwith its technical performance or the formats of the media concerned.<\/p><p>These rights are granted worldwide and for the entire duration of\nthe execution of these General Conditions between the User and the\nCompany.<\/p><p>The User also agrees not to copy, reproduce, or otherwise use the\ncontent relating to other Users other than for the strict purposes of\nusing the Services for personal and private purposes.<\/p><p>Article 10. Suspension and interruption of Services<\/p><p>Without this creating at its expense an obligation to check the\ncontent, accuracy and consistency of the content, the Company is\nentitled to refuse, in accordance with press and publication\npractice, the insertion of a Project.<\/p><p>The Company is free to remove or modify, before or after its\ndistribution, any content on the Site that is not related to the\ncontent normally expected, the editorial line of the Site or that\ndoes not comply with the laws and regulations in force.<\/p><p>To this end, the Company is entitled to carry out electronic\nsurveillance to identify the disputed content and to impose sanctions\nagainst its author, including exclusion.<\/p><p>The Company reserves the right to suspend or limit access to the\nservices subscribed to by the User after having informed the\ninterested party by any means in the event of non-performance by the\nUser of one of its obligations under these General Conditions of Use.<\/p><p>Thus, without prejudice to the provisions of Article 12\n&#8220;Termination&#8221;, in the event of a breach by a User of any of\nits obligations, the Company reserves the right to block any Project\nor content of the User concerned, to delete disputed messages or\ncontent of any kind, to prevent the publication of all or part of the\nProject, and\/or to block its access to all or part of the Services,\ntemporarily or permanently, without compensation or reimbursement and\nwithout prejudice to the remedies that may be exercised against the\nUser.<\/p><p>In the event of suspension and for any reason whatsoever, the\nCompany reserves the right not to reimburse, as a penalty clause, all\nor part of the amounts credited and which it deems necessary to\ncompensate for any damage of any kind that it may have suffered.<\/p><p>Article 11. Force majeure<\/p><p>The Company may not be held liable if the performance of one of\nits obligations is prevented or delayed due to a case of force\nmajeure as defined by the case law of the French Courts and in\nparticular, without this list being exhaustive, natural disasters,\nfires, blocking of means of transport for any reason whatsoever;\ntotal or partial strikes, internal or external to the company,\nlockout of the company; blocking of telecommunications or computer\nnetworks by any means whatsoever (power failure, computer virus,\netc&#8230;), governmental or legal restrictions.<\/p><p>Article 12. Termination of contract<\/p><p>The User or the Project Developer may at any time request the\ntermination of his account, either directly via his user interface,\nor by email to the address contact@hemeria.com, or by letter\naddressed to HEMERIA SAS, 140 rue de Belelville, 75020 Paris.<\/p><p>These General and Use Conditions may be terminated by the Company\nupon one (1) month&#8217;s notice.<\/p><p>In addition, in the event of non-performance or non-compliance by\nthe User with one of the obligations and stipulations provided for\nherein, the Company may modify, suspend, limit or terminate access to\nthe Site within fifteen (15) days of a formal notice addressed to the\nUser, which has remained unsuccessful, without the User being able to\nclaim any compensation whatsoever, without prejudice to the damages\nthat the Company may claim to compensate the damage suffered.<\/p><p>In the event of a serious breach of any of the provisions of the\nGeneral Terms and Conditions of Use, the Company shall be entitled to\nterminate the User&#8217;s account without notice or formal notice, without\nany compensation and without prejudice to the damages that the\nCompany may claim to compensate the damage suffered.<\/p><p>In the event of termination, the Projects during the Collection\nPeriod may then be terminated and the related Contributions may be\nreimbursed to the Contributors concerned. \n<\/p><p>Article 13. Final Provisions<\/p><p>13.1 Correspondence &#8211; Evidence<\/p><p>Correspondence between the Company and Users is mainly by e-mail.\nAlso, pursuant to Articles 1316 et seq. of the French Civil Code, the\nUser acknowledges and accepts that the information provided by the\nCompany by e-mail and on the Site is authentic between the parties\nand receives the same probative force as a handwritten document.<\/p><p>13.2 Notifications<\/p><p>Unless otherwise expressly stipulated, notifications between the\nparties hereto shall be made by e-mail.<\/p><p>Notifications are deemed to have been received 24 hours after the\nemail was sent, unless the sender is notified of the invalidity of\nthe email address.<\/p><p>13.3 Applicable law<\/p><p>By express agreement between the parties, these General Conditions\nof Use and the operations resulting from them are governed by French\nlaw.<\/p><p>They are written in French. In the event that they are translated\ninto one or more languages, the French text alone shall prevail in\nthe event of a dispute.<\/p><p>13.4. Litigation management<\/p><p>In the event of any difficulty or dispute between the parties in\nconnection with the interpretation, performance or termination of\nthese General Terms and Conditions of Use, the parties shall\nendeavour to resolve it as best as possible and agree to seek an\namicable solution in the spirit of these General Terms and Conditions\nof Use.<\/p><p>In the event of a dispute, you can send a written complaint to our\nCustomer Service by e-mail: contact@hemeria.comou by mail to the\nfollowing address: 140 rue de Belleville, 75020 Paris.<\/p><p>In the absence of an amicable solution, the most diligent party\nshall refer the matter to the competent courts.<\/p><p>IT BEING SPECIFIED THAT ANY DISPUTE WITH A USER ACTING AS A\nMERCHANT AND DOES NOT ARISE FROM THE INTERPRETATION, EXECUTION OR\nBREACH OF THESE GENERAL CONDITIONS IS THE COMPETENCE OF THE\nCOMMERCIAL COURT OF PARIS.<\/p><p>13.5 Severability<\/p><p>In the event that one or more provisions contained in the General\nTerms and Conditions of Use are declared null and void, the validity\nof the other provisions of these General Terms and Conditions shall\nnot be affected in any way.<\/p><p>Provisions declared null and void shall, in accordance with the\nspirit and purpose hereof, be replaced by other valid provisions\nwhich, having regard to their scope, are as close as possible to the\nprovisions declared null and void by law.<\/p><p>13.6 Waiver<\/p><p>The fact that the Company does not invoke, at any time or other,\nany of the provisions of these General Terms and Conditions of Use\nshall not be construed as a waiver by the Company of its right to\ninvoke them at a later date.<\/p><p>13.7 Assignment\/Substitution<\/p><p>The Company reserves the right to assign to any third party of its\nchoice all or part of its rights and obligations under these General\nTerms and Conditions or to substitute any third party for the\nexecution of these General Terms and Conditions, which the User\naccepts without reservation.<\/p>","protected":false},"excerpt":{"rendered":"<p>VERSION FRAN\u00c7AISE ICI 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 [&hellip;]<\/p>","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_seopress_robots_primary_cat":"","_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","footnotes":""},"wpcf_dashboard":"<div class=\"woocommerce\"><div class=\"woocommerce-info\">Please log in first? <a class=\"wpneoShowLogin\" href=\"#\">Click here to login<\/a><\/div><div class=\"wpneo_login_form_div\" style=\"display: none;\"><form name=\"loginform\" id=\"loginform\" action=\"https:\/\/crowdfunding.hemeria.com\/wp-login.php\" method=\"post\"><p class=\"login-username\">\n\t\t\t\t<label for=\"user_login\">Nome utente o indirizzo email<\/label>\n\t\t\t\t<input type=\"text\" name=\"log\" id=\"user_login\" autocomplete=\"username\" class=\"input\" value=\"\" size=\"20\" \/>\n\t\t\t<\/p><p class=\"login-password\">\n\t\t\t\t<label for=\"user_pass\">Password<\/label>\n\t\t\t\t<input type=\"password\" name=\"pwd\" id=\"user_pass\" autocomplete=\"current-password\" spellcheck=\"false\" class=\"input\" value=\"\" size=\"20\" \/>\n\t\t\t<\/p>\t\t<input\n\t\t\t\ttype=\"hidden\"\n\t\t\t\tclass=\"hcaptcha-signature\"\n\t\t\t\tname=\"hcaptcha-signature-SENhcHRjaGFcRWxlbWVudG9yUHJvXExvZ2lu\"\n\t\t\t\tvalue=\"eyJzb3VyY2UiOlsiZWxlbWVudG9yLXByb1wvZWxlbWVudG9yLXByby5waHAiXSwiZm9ybV9pZCI6ImxvZ2luIiwiaGNhcHRjaGFfc2hvd24iOmZhbHNlfQ==-9b9c86e7173ef4e89c62e3508b5570ed\">\n\t\t<p class=\"login-remember\"><label><input name=\"rememberme\" type=\"checkbox\" id=\"rememberme\" value=\"forever\" \/> Ricordami<\/label><\/p><p class=\"login-submit\">\n\t\t\t\t<input type=\"submit\" name=\"wp-submit\" id=\"wp-submit\" class=\"button button-primary\" value=\"Accedi\" \/>\n\t\t\t\t<input type=\"hidden\" name=\"redirect_to\" value=\"https:\/\/crowdfunding.hemeria.com\/it\/wp-json\/wp\/v2\/pages\/2370\" \/>\n\t\t\t<\/p><\/form><\/div><\/div>","_links":{"self":[{"href":"https:\/\/crowdfunding.hemeria.com\/it\/wp-json\/wp\/v2\/pages\/2370"}],"collection":[{"href":"https:\/\/crowdfunding.hemeria.com\/it\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/crowdfunding.hemeria.com\/it\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/crowdfunding.hemeria.com\/it\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/crowdfunding.hemeria.com\/it\/wp-json\/wp\/v2\/comments?post=2370"}],"version-history":[{"count":0,"href":"https:\/\/crowdfunding.hemeria.com\/it\/wp-json\/wp\/v2\/pages\/2370\/revisions"}],"wp:attachment":[{"href":"https:\/\/crowdfunding.hemeria.com\/it\/wp-json\/wp\/v2\/media?parent=2370"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}