TERMS AND CONDITIONS FOR USE OF THE WEBSITE
The website, accessible at the address www.michaelwagner.fr (hereinafter the "Website"), is published by [THE CRAFT, Lda] registered under number [CAE Principal : 74100-R3 ; NIPC : 515503630], having its principal office at [Av Da Republica # 679 1o 4450-242 Matosinhos, Portugal], represented by [MICHAEL WAGNER] (hereinafter "MW").
Use of the Website shall be conditional upon full and unqualified acceptance of these terms and conditions of use (hereinafter the "T&C") defining the relation between the Web users (hereinafter "you") and MW. MW reserves the right to amend these T&C at any time without notice or indemnification of any kind whatsoever.
1. THE WEBSITE
Michael Wagner is passionate about high-quality craftsmanship and art with over 20 years of experience in this market.
Working with interior designers, artisans, sculptors, and artists in general has given Michael Wagner many occasions to practice art direction. Inspired by this experience and his numerous travels, he has imagined a collection of decorative objects, lighting, sculptures, and furniture.
The Website aims at presenting his past work, as well as new designs available for developers.
In addition, the Website presents a selection of artists and artisans that Michael Wagner had the privilege to me. Each one of them has a very defined talent that he particularly recommends and that you can contact directly.
These T&C set out the various functionalities of the Website and shall govern the relations between its users and MW Company.
2.1. Information received by Web user from MW shall be considered as Confidential Information, including but not limited to the books of MW’s creations. Web user shall keep that information confidential and in particular shall:
use MW's Confidential Information solely for the purposes of potential business operation and cooperation with MW;
keep MW's Confidential Information secure and, without prejudice to the foregoing, take no lesser security measures and degree of care to protect MW's Confidential Information than the Web user applies to its own confidential or proprietary information; and
not disclose MW's Confidential Information to any third party except with the prior written consent of MW.
2.2. All Confidential Information and copies thereof transmitted to the Web user by MW are and will remain the full and sole property of MW. The disclosure of the Confidential Information by MW to the Web user shall in no way be construed as giving the Web user any express or implied right, whether by way of license or otherwise, to the services, products or processes to which such Confidential Information relates. The same applies to any Intellectual Property Rights including but not limited to copyrights or other literary or artistic property rights, trademarks and trade secrets.
The obligations of confidentiality shall not apply:
where MW has given its specific prior written consent to the disclosure;
to Confidential Information which is or becomes at any time after that date, within the public domain (other than as a result of a breach of this clause);
where the Web user can show that the information was obtained, free from any restrictions as to its use or disclosure, from a third party who was free to disclose it; or
where the information was developed by, or for, the Web user independently of any information received under this Agreement and by persons who had no access to, or knowledge of, that information.
The burden of proving that information falls within one of the circumstances listed above lies with the Party receiving the Confidential Information.
At any time, MW can at its sole discretion require the Web user to either return such Confidential Information together with any copies, notes, transcriptions or records of the information in its control, power or possession, to MW or destroy it and provide written certification that it has done so.
It is agreed between the Parties that the provisions of this confidentiality clause Erreur ! Source du renvoi introuvable. shall remain in force for 10 years from the provision of the Confidential Information by MW.
3. INTELLECTUAL PROPERTY
You expressly acknowledge and agree that the Website is offered to you "as-is".
Use of the Website shall not grant or transfer any intellectual property right relating to any element of the Website whatsoever, whether the content and tools created and/or made available to you by MW and which shall remain its property, or the proprietary materials of third parties (text, images, videos, trademarks, patents and designs, databases, etc.) which shall remain the property of their respective owners.
Use of the Website is reserved for potential business operation and cooperation with MW, but no provision of these T&C shall permit you to use that Website for other purposes than as provided for hereunder.
The Website is protected by copyright and furthermore, is a database of which MW is the producer, within the meaning of the French Code of Intellectual Property. As such, MW has all the proprietary rights of a producer over all the contents of such base.
Accordingly, the users may not:
extract, by means of a permanent or temporary transfer, all or any part, substantial in terms of quality or quantity, of the contents of the Website, on any medium, by any means and in any form whatsoever;
reuse, by making it available to the public, all or any part, substantial in terms of quality or quantity, of the contents of the Website, in any form whatsoever;
reuse or extract, repeatedly and systematically, any parts, not substantial in terms of quality or quantity, of the Website, if such operations manifestly exceed the conditions of reasonable use of the Website.
Accordingly, any use of the Website other than as permitted under these T&C and the French Code of Intellectual Property shall require express prior consent in writing from MW.