Legal notices and Terms of Use
Terms & Conditions
This website, hereinafter referred to as "Culture.mc", is operated by the State of Monaco, Department of Cultural Affairs (Direction des Affaires Culturelles), hereinafter referred to as "the Administration", whose registered office is located at 4 boulevard des Moulins - Immeuble Le Winter Palace - 98000 MONACO.
Publication Director: Madame François GAMERDINGER – Department of Cultural Affairs
Contact:
- Contact form
- Telephone: (+377) 98 98 83 03
The State of Monaco's Culture.mc website is hosted by Monaco Cloud S.A.M. located at 9 Avenue Albert II – Le Copori – 98 000 MONACO.
Terms of Use
The purpose of these Terms of Use is to set out the terms and conditions for using and browsing this Site.
These Terms of Use apply to any user accessing the Culture.mc Site.
By using the Site, the User accepts these Terms of Use. They apply for the entire duration of the User's use of the Site.
Each User is deemed to have accepted these terms without reservation by continuing to use the Site.
The User confirms having read and understood these terms in their entirety before using any of the Services offered on this Site and undertakes to comply with them.
The version of the Terms of Use currently published on the Site is the only version applicable and enforceable against the User until replaced by a new version. The Administration reserves the right to amend these Terms of Use at any time; amendments shall take effect upon publication on the Site.
The User is therefore advised to regularly consult the latest version of the Terms of Use, which is permanently available on the Site. Where the Terms of Use have not been accepted through a contact form, use of this Site constitutes acceptance of the Terms of Use. When a contact form is submitted electronically, the Terms of Use are accepted by ticking a consent checkbox.
No tolerance in the application of any provision of the Terms of Use may be construed as a waiver by the Administration of its right to enforce it at a later date.
Should any provision herein be or become null and void under any current or future legal provision, it shall be deemed unwritten without affecting the validity of the remaining provisions.
1. Definitions
The following words and expressions beginning with a capital letter, whether singular or plural, shall have the following meanings herein:
"Administration": the Government of Monaco/Department of Cultural Affairs
"Terms of Use": these Terms of Use
"Personal Data" / "Personal Information" / "Nominative Information": any information relating to an identified or identifiable natural person ("data subject"). An "identifiable natural person" is any natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.
"Features": the features offered via the Site enabling any User to:
Disseminate all useful information to users regarding cultural events in the Principality
Publish a directory of cultural entities and venues
Publish news released by the Department of Cultural Affairs and by cultural entities
Enable users to contact the Department of Cultural Affairs and cultural entities electronically
Enable cultural entities to contribute their event programmes and news (to be confirmed)
"Data Controller": the natural or legal person, whether governed by private or public law, public authority, department or any other body which, alone or jointly with others, determines the purposes and means of the processing and decides on its implementation.
"Site": this Culture.mc website
"User": any natural or legal person using the Culture.mc Site and accessing the Services offered by this Site
2. Purpose of the Site
The purpose of these Terms of Use is to set out the conditions for accessing and using the Site operated by the Department of Cultural Affairs.
The Site provides Users with services and information about cultural events in the Principality of Monaco.
3. Access to the Site
The means of accessing the Site are strictly personal and confidential.
Except for any connection costs, access to the Site is free of charge. Any Internet connection costs are borne by the User and shall not give rise to any reimbursement by the Administration.
The Administration shall not be held liable for any malfunction of the Site, or its consequences, resulting from a failure of, or restricted or degraded access to, the Internet.
The Site is freely and securely accessible via the URL culture.mc
4. Obligations and Liability
4.1 Obligations
The User undertakes not to commit any unlawful or fraudulent act on this Site.
These Terms of Use prohibit any act likely to tarnish the name and/or image of the State of Monaco, or likely to damage, overload, disable, discredit or compromise the Site.
In particular, the following is prohibited: transmitting, by email or any other means, content intended for persecution, harassment, defamation, discrimination, insults, or any other dissemination of personal information or opinions about one or more individuals, or infringing the rights of individuals or of minor Users.
Correspondence must at all times be courteous and observe basic rules of politeness.
4.2 Liability
The Site must not be used in an abusive or malicious manner. The Administration shall not be held liable to the User for any damage of any kind, whether direct or indirect, resulting from the use of the Site or its unavailability.
Generally, the User undertakes to use the Site:
In compliance with the law, Monegasque regulations, third-party rights and intellectual property rights
Fairly and in accordance with its intended purpose
Under their sole responsibility
The User acknowledges and accepts that the Administration cannot be held liable in connection with the Site, in particular in the event of intrusion, alteration or misappropriation of data or of the network, or of any unlawful use or use harmful to the User or a third party.
The Administration endeavours to keep the information published on this Site accurate and up to date but declines all liability for the use of any erroneous or outdated information.
The Administration does not guarantee the continuity, accessibility or availability of the Site and its related services.
The User of the Site is required to comply with these Terms of Use and, in this respect, shall refrain from any use or attempted use of the Site and its Features for purposes other than those provided for herein.
5. Security
The Site requires a sufficiently fast Internet connection as well as the equipment and hardware needed to access and browse the Site. The browser must be configured to allow session cookies.
The User is aware of the risks inherent in using the Internet and accepts its limitations and risks.
The Administration makes its best efforts to secure the Site in view of the risks involved and the nature of the data processed.
The User is prohibited from fraudulently accessing or remaining in all or part of the Site, deleting or modifying data contained on the Site, fraudulently introducing data, altering the Site or disrupting its proper functioning.
The User undertakes not to attempt to modify or manipulate the pages of the Site so as to conceal, divert or alter them.
It is strictly prohibited to: (i) reproduce, modify, adapt or alter the Site and/or its content; (ii) access or attempt to access the Site's source code through decompilation, reverse engineering or any other means; (iii) make available or transmit to third parties any parts of the Site or content to which access is restricted; (iv) use the Site for any unlawful purpose; in this respect, the User undertakes not to include any false, incomplete or inaccurate information, or any virus, Trojan horse, worm, time bomb or any other program designed to damage, cause harm to, intercept or counteract any system, data or personal information.
Where applicable, the User must have a secure connection or network, antivirus software and an up-to-date operating system in order to prevent, as far as possible, any damage to the Administration arising from unsecured use of the Site. The User undertakes to take all appropriate measures to protect their data and equipment and is responsible for the security of their data and of the network they use at their own risk.
Should the User become aware of any event likely to compromise the security of the Site, such as an error, fault, malfunction, intrusion, data loss, vulnerability or irregularity, they are invited to contact the Administration immediately by email at: contact@gouv.mc.
6. Intellectual Property
These Terms of Use do not entail any transfer of intellectual property rights of any kind to the User.
6.1 Copyright
All rights attached to any content published on this Site are the exclusive property of the Administration, unless otherwise stated as belonging to a third party. This includes, without limitation, all texts, comments, titles, names, photographs, sounds, images, data, drawings, animated sequences with or without sound, videos, features and graphic charters, which are protected by the legal provisions in force relating to copyright protection in Monaco.
Any form of use, representation, transformation, reproduction, adaptation or dissemination, in whole or in part, of any element or content of this Site, on any medium and by any process whatsoever, is prohibited without the express authorisation of the Administration and constitutes a criminal offence punishable by the Monegasque Courts and Tribunals.
6.2 Trademarks
The trademarks and/or logos owned by the Administration and appearing on the Site are protected by the legal provisions applicable in Monaco. Any reproduction, in whole or in part, without the Administration's authorisation constitutes a criminal offence punishable by the Monegasque Courts and Tribunals.
7. Personal Data Protection
In accordance with the provisions applicable to personal data protection in the Principality, information collected through the Site is collected by the State of Monaco/Department of Cultural Affairs, acting as Data Controller, for the processing operation "Management of the Prince's Government websites".
The processing enables the following features:
Enabling browsing (session cookies); the Site's audience measurement cookies are anonymised
Enabling people to share their ideas and feedback (feedback forms)
Enabling people to contact the Administration (contact forms)
Enabling a newsletter to be sent, where available
Enabling the dissemination of information relating to the various departments of the Prince's Government
Producing anonymous statistics on Site traffic
The processing is justified by:
Users' consent for all features requiring a subscription: forums, private areas, newsletters, etc.
A public interest ground in accordance with the missions of the Department of Digital Services Development (Direction du Développement des Services Numériques) set out in Sovereign Ordinance No. 7.995 of 12 March 2020 establishing the Digital Services Department, in particular the mission "to ensure the overall consistency of the administration's online landscape, including online services and websites"
The pursuit of a legitimate interest of the Administration, in particular to enable it to promote and disseminate information, to make enforceable downloadable electronic forms available to Users, and to provide means of contacting Administration entities electronically, pursuant to Sovereign Ordinance No. 3.413 of 29 August 2011 on various measures relating to the relationship between the Administration and citizens
The information processed in connection with the Site's Features is intended solely for authorised staff of the Administration's departments (Department of Digital Services Development) and authorised staff of the Site's development contractor, in the course of their maintenance and development duties for the newsletter system. This information is not disclosed for commercial or advertising purposes.
This information is kept only for as long as necessary for the purpose of the processing, namely:
For the feedback form: the information collected is not stored on the Site and is kept for only 12 months in the email system
For contact forms: 12 months from submission of the request
For the newsletter: until the person unsubscribes from the mailing list, where available
For anonymised cookies, user session duration: 13 months maximum
Certain information requested on the Site for certain Features is mandatory. If the mandatory fields in collection forms (fields marked with an *) are not completed, the User will not be able to access the relevant Features.
In accordance with the legal provisions in force regarding Personal Data protection, the User has the right to access their Personal Data, the right to object, and the right to request that inaccurate, incomplete or outdated data be rectified, updated or deleted.
To exercise these rights or for any question regarding the processing of their Personal Data in connection with the Site, the User may submit a written request via the following form: https://contacts.gouv.mc/contactez-la-cellule-protection-des-donnees-personnelles-de-la-ditn, or by post to: Délégation interministérielle chargée de la transition numérique – Protection des données personnelles – 2, rue du Gabian – Immeuble « Les Industries » - 5ème étage – 98000 MONACO, stating the subject of the request and their first and last name.
To ensure the confidentiality of the response and that we reply only to the data subject, a black-and-white copy of an identity document may be requested from the applicant.
The User is also informed that they may withdraw their consent at any time for the various Features offered by the Site:
Feedback and contact form: by exercising their rights as set out above
Newsletter: by unsubscribing via the link at the bottom of the email, where available
If the person who has exercised their rights considers, after contacting the Administration, that their rights have not been respected, they may lodge a complaint with the Commission de Contrôle des Informations Nominatives (Monaco's data protection authority): www.ccin.mc.
8. Hyperlinks
Creating hyperlinks to this Site does not require the Administration's prior authorisation and is permitted on any medium, except those disseminating information of a controversial, pornographic or xenophobic nature, or likely, more broadly, to offend the sensibilities of the general public. Explicit mention of the State of Monaco in the link title is desirable. The Administration reserves the right to request the removal of any existing links contrary to the purpose of the Site.
The Administration's Site may contain hyperlinks to external websites. The Administration does not control these sites and cannot under any circumstances be held liable in any way for the content published on them.
The Administration cannot be held liable for any damage or loss resulting from or related to the use of these external websites. Users of the Site are fully responsible for, and bear the risks of, using these external websites. No liability may be sought from the Administration.
Any User is invited to contact the Administration in the event of a malfunction via the following form: https://culture.mc/contact
9. Jurisdiction
In the event of any dispute relating to the interpretation, formation and validity of performance of the Terms of Use, and more broadly to the use of the Site, the Administration and Users expressly acknowledge that only Monegasque law and regulations apply.
Failing an amicable settlement, any dispute relating to the validity, interpretation or performance of these Terms of Use shall fall under the jurisdiction of the competent courts of the Principality of Monaco.