Welcome to the website mesgaleries.com (hereinafter referred to as “the Site”).
The Site offers a platform that enables photography professionals and enthusiasts to upload, organize and share photographs in public or private galleries and, where applicable, to offer paper prints of their works for sale.
Access to and use of the Site imply full and complete acceptance of these General Terms and Conditions of Use (hereinafter the “Terms of Use”).
By accessing or using the Site, the user acknowledges having read these Terms of Use, having understood them and accepting them without reservation.
mesgaleries.com reserves the right to amend the Terms of Use at any time. Amendments take effect as soon as they are published on the Site. It is the user’s responsibility to consult the Terms of Use regularly in order to stay informed of any updates.
The Site is reserved for photography professionals and enthusiasts aged at least 18.
By using the Site, the user declares and warrants that they:
have the legal capacity required to enter into a contract;
use the Site lawfully and in compliance with these Terms of Use.
The user warrants that they hold all the intellectual property rights in the photographs they publish on the Site, or that they have the necessary authorizations (copyright, image rights, authorizations from the persons depicted, etc.).
By uploading photographs to the Site, the user grants mesgaleries.com a license that is:
non-exclusive;
worldwide;
free of charge;
strictly limited to the technical and functional needs of the Site,
allowing in particular the hosting, display, technical reproduction, format adaptation and distribution of the photographs solely for the purposes of operating the service and promoting it.
This license does not under any circumstances constitute a transfer of ownership of the works.
It is strictly forbidden to publish, upload, store or make accessible on the Site any content which, directly or indirectly:
is contrary to the laws and regulations in force;
undermines public order, public decency or human dignity;
is pornographic, child-pornographic or sexually explicit in nature, including any depiction of minors, whether real or fictional;
contains insulting, defamatory, threatening, harassing or degrading statements, images or symbols;
incites hatred, violence or discrimination, in any form whatsoever;
glorifies crimes, offences, terrorist acts or banned organizations;
depicts or encourages illegal activities;
infringes the intellectual property rights, image rights or privacy of third parties;
is deemed inappropriate, shocking or incompatible with the purpose and values of the Site.
This list is not exhaustive.
mesgaleries.com reserves the right to assess, at its sole discretion, whether content complies with these Terms of Use.
The Site is not a private or personal storage service of the NAS, private cloud or digital safe type.
Content hosted on mesgaleries.com forms part of an editorial and commercial service that is subject to moderation.
Accordingly:
The Site is administered and monitored by one or more moderators;
Human and/or automated moderation, including artificial intelligence tools, may be used to analyze and check the compliance of published content;
Users acknowledge that their content may be viewed for the purposes of moderation, security, abuse prevention or compliance with legal obligations.
In the event of non-compliance with the Terms of Use, mesgaleries.com reserves the right, without notice and at its sole discretion, to:
delete all or part of the content concerned;
restrict, suspend or permanently terminate the user account.
Where content is manifestly unlawful, in particular content that is child-pornographic, involves minors, is violent, terrorist or seriously undermines public order, mesgaleries.com expressly reserves the right to:
retain the technical data needed to identify the user (IP addresses, connection logs, timestamps), in accordance with the legislation in force;
report the content and the facts without delay to the competent judicial or administrative authorities;
cooperate fully with any investigation or lawful order.
The user acknowledges that publishing such content may give rise to criminal proceedings, irrespective of the contractual penalties applied by mesgaleries.com.
The Site allows photographers to offer paper prints of their photographs for sale.
When the user activates this feature, they grant mesgaleries.com a right of mechanical reproduction strictly limited to the following purposes:
production of paper prints at the express request of an end customer;
exclusively from the photographs published in the gallery concerned;
solely for the technical fulfillment of the order.
This right is:
non-exclusive;
limited in time to the availability of the photograph;
without any commercial exploitation by mesgaleries.com on its own account.
mesgaleries.com undertakes never to exploit, print or distribute the photographs outside customer orders validated and authorized by the photographer.
mesgaleries.com complies with the applicable regulations on the protection of personal data, in particular the GDPR.
The personal data collected is processed in accordance with the Site’s Privacy Policy.
Personal data may be disclosed to the competent authorities where the law so requires, in particular in connection with:
The user is solely responsible for the content they publish and for its compliance with the law and with these Terms of Use.
The user undertakes to indemnify and hold mesgaleries.com harmless against any claim, action, damage or costs resulting from the use of the Site or from a breach of the Terms of Use.
The Site is provided “as is” and subject to availability.
mesgaleries.com cannot be held liable for interruptions, malfunctions or loss of data, except in the event of gross negligence or willful misconduct.
mesgaleries.com reserves the right to suspend or terminate an account at any time in the event of a breach of the Terms of Use.
Any suspension or termination for breach gives no entitlement to a refund, even if a subscription or a plan has been taken out.
Any sum paid is definitively retained.
These Terms of Use are governed by French law.
Any dispute falls within the exclusive jurisdiction of the French courts.
For any questions:
hello[@]mesgaleries.com