Terms of service

Version in effect on May 15, 2023

These terms of service (hereinafter the " ToS ") define the terms and conditions of access and use of the Application and the Outdoor Application made available by the company MUSAIR, a French Société par actions Simplifiée, having its registered office at 84 rue Paul Bert, Bâtiment Totem, 62300 Lens, registered with the Trade and Companies Register of ARRAS under number 900 780 545, represented by its legal representative (hereinafter "MUSAIR"), as well as the rights and obligations of any natural person legally capable, within the meaning of French law, accessing, using the Application and the Outdoor Application , regardless of the network or the means used (hereinafter the " User " ).

DESCRIPTION OF THE APPLICATION

MUSAIR has developed a web-application (hereinafter the "Application") designed to provide custom-made cultural discovery trails composed of visuals, audio commentaries, and texts, allowing the discovery of one or more works of art, a landscape, a heritage site, a character, a historical event for cultural and/or tourist purposes (hereinafter the "Trails"). MUSAIR also offers an open-air module (hereinafter the "Outdoor Application") with free access to offer Users Outdoor Trails. These outdoor Trails can benefit from a roaming feature to give the User an indicative time of route times, a feature that can be activated if the User agrees to be geolocated.

ACCEPTANCE OF THE ToS

By accepting the ToS, the User will be presumed to have read and fully understood them and to fully accept all of the provisions without restriction or reservation. If the User does not agree with the ToS, he must stop using the Application or the Outdoor Application. MUSAIR reserves the right to modify and update the ToS at any time and without notice. The use of the Application and the Outdoor Application will be subject to the ToS in force at the time of such use.

TERMS OF ACCESS TO THE APPLICATION
The Application and the Outdoor Application are available from a URL link or a flashcode provided to the User. Minors can use the Services subject to the agreement and supervision of their legal representatives for minors under 15 years of age. MUSAIR undertakes to implement all means allowing the User reliable and rapid access to the Application and the Outdoors Application. Nevertheless, the User declares to have accepted the costs as well as the limits specific to any connection to the Internet network. The User is solely responsible for the proper functioning and appropriate security of his smartphone or tablet as well as his internet access. MUSAIR will not be held liable for any damage to any equipment in connection with the use of the Application and the Outdoor Application. The Application and the Outdoor Application are accessible for the duration of the Course, subject to the occurrence of a case of force majeure or an event beyond the control of MUSAIR. MUSAIR is only bound by an obligation of means concerning the accessibility, operation and availability of the Application and the Outdoor Application. MUSAIR reserves the right to interrupt, suspend or limit access to all or part of the Application and the Outdoor Application, in particular due to legal or technical constraints. The aforementioned suspensions, interruptions or limitations may occur at any time without notice and they shall not give rise to any obligation or compensation for the benefit of the User.

GUARANTEES AND RESPONSIBILITIES

MUSAIR makes its best efforts to keep the Application and the Outdoors Application up to date and to disseminate accurate and reliable information. However, despite all the care and attention taken in writing the content and information, MUSAIR cannot guarantee the integrity, accuracy, completeness, timeliness or other quality of the information disseminated on the Application. and the Outdoor Application. The information disseminated on the Application and the Outdoor Application is provided by MUSAIR strictly and exclusively for information and guidance. The User is solely responsible for the proper use, with discernment and spirit, of the Application and the Outdoor Application. The User is informed that access to the Application and the Outdoor Application implies knowledge and acceptance of the characteristics and limits of the Internet, in particular with regard to technical performance, response times for consult, query or transfer information, the risks of interruption, and more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by possible virus circulating on the network. The Application and the Outdoor Application are made available “as is” and subject to their availability, without any guarantee of any kind, implicit or explicit, on the part of MUSAIR. Without limiting the foregoing, MUSAIR in particular does not grant any guarantee of non-violation of the rights of a third party, of the suitability of the Application, the Outdoor Application or of their contents for a particular use or of suitability of the Application or the Outdoor Application to the needs of the User, nor does it guarantee that they are free from anomalies, errors or bugs or that they will operate without failure or interruption. To the fullest extent permitted by applicable law, MUSAIR expressly excludes its liability for any damage, direct or indirect, resulting from or in connection with access to the Application, the Outdoors Application or any of their content, their use, malfunction or unavailability regardless of the nature and duration.

INTELLECTUAL PROPERTY

The Application, the Outdoor Application including their source codes and their architecture, the Trails, all the content present on the Application and the Outdoor Application and published by MUSAIR, as well as the names, signs and logos used to designate the Application, the Outdoor Application, the Trails and/or MUSAIR (hereinafter the " Protected Elements ") are protected by intellectual property rights (such as in particular all copyrights, rights to patents, trademarks, rights of database producers, and any other existing or future intellectual property rights, French and international) and belong to MUSAIR or to third parties having authorized MUSAIR to use them. The use of the Application and/or the Outdoor Application does not in any way confer on the User a right of ownership and/or an intellectual property right on the Protected Elements, with the exception of a personal access right, non-exclusive, non-assignable, non-transferable and limited exclusively to the use of the Application and/or the Outdoor Application in accordance with its purpose and in compliance with the ToS, for the duration of use of the Application and/or the Outdoor Application. It is strictly forbidden to represent, reproduce and/or use the Protected Elements, totally or partially, in any form and by any means whatsoever, without the prior written consent of MUSAIR. The User undertakes not to copy, modify, assemble, decompile, alter, sell, rent, lend, distribute, distribute or transfer all or part of the Application, the Outdoors Application and/or the Trails, create derivative works from the Application, the Outdoors Application and/or Trails, authorize a third party to commit such acts, without the prior written consent of MUSAIR. Failure to comply with the provisions of this article constitutes a violation of the intellectual property rights of MUSAIR and/or third party licensors and is likely to lead to civil and criminal proceedings.

PROTECTION OF PERSONAL DATA

MUSAIR uses cookies to manage the operation and optimize the Application and the Outdoor Application. The configuration is done using the Axeptio tool. To find out more about the personal data protection rules, the User is invited to consult MUSAIR's Privacy Policy, available at the following address : https://www.musair.fr/confidentialite/

DURATION

The ToS are applicable to the User for the entire duration of use of the Application and/or the Outdoors Application.

MISCELLANEOUS

The failure for either party to avail itself, at a given time, of any of the provisions of the ToS, cannot be interpreted in the future as a waiver of the rights it holds hereunder. In the event that one of the clauses of the ToS is void due to a change in legislation or regulations or declared as such by a final court decision, this can in no way affect the validity and respect for other terms of the ToS.

APPLICABLE LAW AND JURISDICTION

The ToS are subject to French law. The parties declare their intention to seek an amicable solution to any difficulty that may arise regarding the validity, interpretation or execution of the ToS Within the limits permitted by law, in the event of persistent disagreement, all disputes relating to these ToS will be brought to the attention of the court with material and territorial jurisdiction.

CONTACT

For any information concerning the ToS, the User may contact Musair at the following email address: bonjourmuse@musair.fr or via the “Contact” section of the musair.fr website.