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Terms and Conditions

GENERAL CONDITIONS OF USE

Version in effect as of  September 10, 2025

The purpose of these General Conditions of Use (hereinafter “GCU”) is to define the terms of access and use of the website https://pixel-flowers.net/ (hereinafter “the Site”) allowing the public to participate in the digital work Pixel Flowers designed by the artist Miguel Chevalier.

The Site is made available to visitors as part of the exhibition “ Digital by Nature The art of Miguel Chevalier ” by Miguel Chevalier at the Kunsthalle in Munich (September 10, 2025 – March 1, 2026).

ARTICLE 1 – DEFINITIONS

In the T&Cs, the terms and expressions identified by a capital letter have the meaning indicated below, whether used in the singular or the plural:

Artist: refers to Miguel Chevalier who created the work .

User Account : means the personal space created by the User on the Site.

Generated Configuration : means the creation resulting from the User’s interaction with the Work (selection, combination and modification of the visual elements made available on the Platform).

Data : means all information, contributions and content generated or transmitted by the User via the Site.

Personal Data : means data that can directly or indirectly identify a natural person, within the meaning of the GDPR.

Work : means the original digital work entitled Pixel Flowers , created by the Artist Miguel Chevalier , including all the graphic, visual, software and conceptual elements that compose it, as well as all its variations and extensions within the framework of the exhibition “Digital by Nature The art of Miguel Chevalier” at the Kunsthalle in Munich.

Platform : means the online interface allowing Users to interact with the Work and submit their generated Configurations.

Site : means the website published by Voxels Productions, accessible at the address https://pixel-flowers.net/ , or any other URL that may be substituted for it.

User : means any natural person of legal age and capacity who accesses the Site and creates an account allowing them to interact with the Work.

ARTICLE 2 – ACCEPTANCE OF THE T&Cs

The T&Cs constitute a contract between the User and Voxels Production. Access to and use of the Platform are subject to the User’s express and unreserved acceptance of the T&Cs. Failure to accept the T&Cs will make it impossible for the User to access and use the Platform.

Acceptance of the T&Cs takes place when the User first connects to the Platform, when creating their Account under the conditions of article 3.

Voxels Productions reserves the right to modify and/or update the T&Cs at any time and without notice , in particular to adapt them to legislative and regulatory developments or to new functionalities of the Platform which could be offered to the User.

Access to and use of the Platform will be subject to the T&Cs in effect at the time of such access and use. The User is invited to regularly consult the T&Cs for this purpose.

In the event that one of the clauses of the T&Cs is null and void due to a change in legislation or regulations or declared as such by a final court decision, this shall in no way affect the validity and compliance with the other clauses of the T&Cs.

These T&Cs are applicable and valid for the entire duration of the exhibition “Digital by Nature, The art of Miguel Chevalier” by Miguel Chevalier at the Kunsthalle in Munich, scheduled from September 10, 2025 to March 1, 2026. The end of the exhibition does not allow the User to subsequently challenge, in particular, the conditions attached to the Configurations generated and accepted by him.

ARTICLE 3 – ACCESS TO THE PLATFORM

3.1 Minimum age requirement

Access to and use of the Website is strictly reserved for persons aged 18 or over.

By using the services, the user acknowledges being of the required age.

3.2. Creating an account

Access to the Platform requires the creation of an Account.

To do this, the User must have a valid email address.

Access to the Platform is reserved exclusively for Users who have created an Account.

VOXELS will provide each User, by email to the address provided by the User, with a secure URL to enable the initial creation of the Account allowing access to the Platform.

The User is then responsible for creating and managing his Account.

Each Authorized User can access the Platform by connecting to the Site, clicking on the “Connection” button, authenticating themselves and accepting these T&Cs.

3.3. Responsibility for connection settings

The User agrees to provide and maintain accurate, up-to-date and complete information about him/her.

Voxels Productions cannot be held liable under any circumstances in the event of delay or inability to access the Platform due to incorrect or incomplete information when creating the Account.

The User may modify his personal information at any time.

The identification parameters (username and password, if necessary) are personal and confidential. The User must keep these elements secure and undertakes not to disclose them to third parties.

The User also undertakes to properly disconnect at the end of each session of use of the Platform.

In the event of loss, forgetting or theft of the authentication elements managed by Voxels Productions (excluding SSO connection mode), the User must change their password as soon as possible by clicking on the “Forgotten password” button. In SSO mode, the User must make the required changes by their own means.

Voxels Productions cannot be held responsible for the loss, theft, or forgetting of authentication details or their fraudulent use. The User is solely responsible for accessing and using the Platform with their credentials.

3.4. Equipment

Voxels Productions undertakes to implement all means enabling reliable and rapid access to the Platform.

The User declares having accepted the costs and limits specific to any internet connection.

The User is responsible for accessing the Platform in good technical conditions (hardware, software, telecommunications – high-speed internet connection and an up-to-date browser: Chrome, Firefox or Edge) to ensure backup and protection against possible intrusions.

All costs relating to access to and use of the Platform (hardware, software or internet access) are the sole responsibility of the User.

The User is solely responsible for the proper functioning and security of their computer equipment and internet access. Voxels Productions shall not be liable for any damage to the User’s equipment in connection with the use of the Platform.

3.5. Availability of the Platform

Voxels Productions is only bound by an obligation of means concerning the accessibility, operation and availability of the Platform or its contents.

Voxels Productions cannot be held responsible for any difficulties or impossibilities of accessing the Platform linked to disruptions in the telecommunications network, to the limits of the internet network and electronic connections, to external circumstances, or to cases constituting force majeure within the meaning of the civil code and case law.

The User is also informed that the Platform may experience service interruptions, particularly due to maintenance requirements.

Voxels Productions shall not be held liable for any technical damages of any nature whatsoever resulting from the User’s access to the Platform. Voxels Productions shall not be held liable in the event of virus contamination of the User’s data and/or computer systems or intrusion into their computer systems. However, Voxels Productions shall implement all necessary measures to prevent illicit intrusions and ensure maximum availability of the service.

The User expressly acknowledges that these suspensions, interruptions or limitations may occur at any time without notice and do not give rise to any compensation.

ARTICLE 4 – PROPER USE OF THE PLATFORM

The Platform is made available to visitors as part of the exhibition.

The User undertakes to use it exclusively within the framework of his personal visit and his interaction with the exhibition , in compliance with these T&Cs and the laws and regulations in force.

It is strictly prohibited to use the Platform for:

  • disrupt its operation or attempt to access it by any means not authorized by the T&Cs or the instructions provided;
  • carry out actions that are illegal, fraudulent, discriminatory, or likely to harm the rights or safety of third parties;
  • disturb public order or contravene applicable laws and regulations;
  • incite or assist, in any way whatsoever, the commission of the acts mentioned above;
  • divert the Platform from its intended use in the context of the exhibition.

In the event of non-compliance with this article, Voxels Productions may suspend or terminate the User’s access to the Platform, without prejudice to any remedies and compensation to which it may be entitled.

ARTICLE 5 – GUARANTEES

Data Confidentiality and Security

Voxels Productions guarantees the confidentiality and security of the Data. However, Voxels Productions cannot guarantee the accuracy, completeness, timeliness or any other quality of the Data integrated and disseminated by the User on the Platform.

User Responsibility

The User is solely responsible for the integrity, accuracy and quality of the Data that he/she integrates and distributes on the Platform.

It must ensure that this Data is free from viruses or any other component likely to cause damage to the Platform.

Limitation of Warranty

Voxels Productions makes no other express or implied warranties, including, but not limited to:

  • the continuity, performance and/or sustainability of the Platform;
  • the fitness for a particular purpose or the suitability of the Platform to the User’s needs;
  • operation without anomalies, errors or bugs, nor the total absence of breakdown or interruption.

The Platform is distributed “as is” and according to its availability

Access to the Platform implies knowledge and acceptance of the limitations inherent to the internet (technical performance, response times, risks of interruption, risks linked to transmissions over the internet, etc.).

Voxels Productions does not guarantee that the Platform or its servers are free from viruses, worms, Trojan horses or any other harmful components.

It is the User’s responsibility to take all necessary measures to protect their equipment, data and software.

ARTICLE 6 – LIABILITY

Access to and use of the Platform by the User is at his/her sole responsibility.

Voxels Productions cannot be held responsible, in any capacity whatsoever, for direct or indirect damages resulting from:

  • access to the Platform;
  • the use , malfunction or unavailability of the Platform.

Use of information

The User is solely responsible for the use of the Data that he/she integrates and disseminates on the Platform.
No advice or information, oral or written, obtained during the use of the Platform, creates guarantees not expressly provided for in the T&Cs, nor does it engage the liability of Voxels Productions in the event of damage caused by misuse.

Liability for damages

The User is responsible for any damage occurring to his computer system, the Platform and/or its content, as well as for the loss of Data that may result from its use.

Voxels Productions Liability Exclusions

To the extent permitted by law, Voxels Productions expressly excludes any liability for any direct or indirect damage related to access, use, malfunction or unavailability of the Platform.

Voxels Productions reserves the right to modify or correct the Platform at any time without notice. Voxels Productions shall not be
liable in the event of force majeure or unforeseeable circumstances beyond its control.

ARTICLE 7 – USER CONTRIBUTION ‘

7.1 Realization of Generated Configurations

The User can, via the Platform, manipulate certain parameters predefined by Miguel Chevalier in order to carry out a Generated configuration of part of the Pixel Flowers Work .

These manipulations consist, for the User, only of:

  • select , among the visual elements exclusively designed by Miguel Chevalier (flowers, stems, leaves), those he wishes to use;
  • configure and manipulate these elements (morphing, colors, density, etc.) in order to develop a generated Configuration;
  • submit the generated Configuration for validation to the Kunsthalle Munich.

It is expressly recalled that the User’s participation constitutes a simple interaction with the original Work and does not confer any copyright or co-authorship on the Work or on the generated Configuration which has no original character within the meaning of the French Intellectual Property Code (see Article 8).

7.2 Moderation

All Configurations generated from User interventions are subject to editorial and aesthetic control exercised at the sole discretion of Voxels Production.

  • Voxels Productions may refuse, remove or delete any Configuration generated, particularly if it is offensive, political, discriminatory or does not comply with the spirit of the Work.
  • No justification or motivation will be provided in the event of refusal or withdrawal.
  • The transmission of a generated Configuration therefore does not carry any guarantee of validation, display or integration into the Work.

7.3 Integration into the Exhibition

If validated, the generated Configuration may be integrated, on a temporary and non-exclusive basis, into the projection of the Work presented within the greenhouse.

The Artist has complete discretion regarding the choice of the Generated Configuration that may be integrated into the projection of the Work. The effective integration of a Generated Configuration is subject to the display schedule determined unilaterally by the Kunsthalle .

The User expressly acknowledges that the programming, display order, projection duration and visibility of his generated Configuration are neither guaranteed nor contractually due.

The User may not under any circumstances claim compensation, reimbursement or damages in the event that their generated Configuration is not projected or visible during their visit.

7.4 User Commitments

The User is prohibited from:

  • claim authorship or co-authorship,
  • claim rights, remuneration or royalties,
  • require the mention of his name or pseudonym,
  • request the withdrawal or deletion of a validated generated Configuration,
  • reproduce , transfer, exploit or market a generated Configuration).

ARTICLE 8 – INTELLECTUAL PROPERTY

8-1 – INTELLECTUAL PROPERTY RELATING TO THE PLATFORM AND THE WEBSITE

The Platform (including the source codes and its architecture), the Site, as well as all content present on the Platform, published by Voxels Production, and the registered trademark “Pixel Flowers ” (hereinafter the “Protected Elements”) are protected by intellectual property rights (in particular all copyrights, patent rights, trademarks, database producer rights , etc.) and belong to Voxels Productions or to third parties authorizing Voxels Productions to use them.

Use of the Platform does not confer any property or intellectual property rights over the Protected Elements, except for a personal right of access, which is non-exclusive, non-assignable, non-transferable and strictly limited to the use of the Platform, for the duration of use.

It is strictly prohibited to represent, reproduce or exploit, in whole or in part, the Protected Elements by any means whatsoever, without the prior written consent of Voxels Production.

Failure to comply with the provisions of this article constitutes a violation of the intellectual property rights of Voxels Productions and/or third parties, which may give rise to civil and criminal proceedings.

8-2 – INTELLECTUAL PROPERTY RELATING TO THE ORIGINAL WORK AND THE GENERATED CONFIGURATIONS

8-2-1 Original work

The work Pixel Flowers , designed by Miguel Chevalier, as well as all of its variations (including the Pixel Flowers / In Vitro exhibition ), is protected by the French Intellectual Property Code and applicable international conventions. It remains the exclusive intellectual property of Miguel Chevalier.

8-2-2 User Contributions (Generated Configurations)

The Generated Configurations carried out by Users using the tools made available on the Platform constitute simple interactions with the Work of Miguel Chevalier.

Consequently, Users acknowledge that:

  • their contributions do not constitute original works within the meaning of the French Intellectual Property Code;
  • they cannot claim any copyright, related right, co-ownership right or co-authorship;
  • they do not benefit from any independent moral rights over the generated Configuration,
  • the Generated Contribution may be used and exploited by Miguel Chevalier.

8-2-3 Waiver

By validating these T&Cs, the User:

  • waives any possible rights which may be attached to its Generated Contribution;
  • waives any present or future claim, including in terms of remuneration, royalties, citation, exploitation or withdrawal of his contribution;
  • accepts that his/her Contribution may be freely exploited, reproduced, represented, distributed, modified, printed, sold or integrated into new works, throughout the duration and at the end of the exhibition without any financial compensation or personal mention being due.

8-2-5 Prohibitions

The User is prohibited, without prior written authorization from Voxels Productions or Miguel Chevalier, from representing, reproducing, exploiting, transferring or marketing, in whole or in part:

  • the Platform and its Protected Elements;
  • the Work Pixel Flowers and its variations;
  • any Configuration generated by its use of the Platform.

8-2-6 Sanctions

Any unauthorized use of the Protected Elements or the Generated Configurations constitutes a violation of the intellectual property rights of Miguel Chevalier, Voxels Productions and/or their partners, and may give rise to civil and criminal prosecution.

ARTICLE 9 – PROTECTION OF PERSONAL DATA

Voxels Production, acting as data controller within the meaning of Regulation (EU) 2016/679 of April 27, 2016 known as the “General Data Protection Regulation” (hereinafter “GDPR”), may be required to collect and process personal data concerning the User, in the context of requests made by the latter using the contact form.

The User’s personal data is then collected based on their consent and for the sole purpose of responding to their request. If this data is not provided, Voxels Productions will not be able to respond to the User.

This data is kept by the Voxels Productions services responsible for responding to the User’s request, until it has been fully processed.

In accordance with the amended law of 6 January 1978 known as “Informatique et Libertés” and the GDPR, the User has the right to access, rectify, transfer and delete their personal data. They also have the right to limit and object to the processing of their data. Finally, the User has the right to define guidelines relating to the storage, deletion and communication of their personal data after their death.

To exercise his rights, the User may, at any time, send a request by post to the following address: Voxels Productions, 1 impasse Prudhon 94200 Ivry Sur Seine, or by email to the following address: voxelsproductions@gmail.com

This request must include the User’s contact details and provide proof of identity by any means. In case of doubt about the User’s identity, Voxels Productions may request additional information that appears necessary, including a photocopy of an identity document bearing the User’s signature.

The User also has, where applicable, a right of appeal to the National Commission for Information Technology and Civil Liberties (CNIL), 3, Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07, the supervisory authority for compliance with obligations relating to personal data.

The User is informed that the Data Protection Officer (DPO) of Voxels Productions is Emilie Lesne.

To learn more about Voxels Productions’ commitments regarding the protection of personal data, the User can consult the Voxels Productions personal data protection policy available online at www.voxels-productions.com .

ARTICLE 10 – SUSPENSION/TERMINATION

The T&Cs come into force upon acceptance by the User.

In the event of non-compliant use of the Platform or breach of the T&Cs (or in the event of violation of applicable laws and regulations), Voxels Productions may suspend or terminate, automatically, without prior notice, without notice or compensation, all or part of the User’s access to the Platform.

This termination may be pronounced without prejudice to all other rights and remedies available to Voxels Productions to compensate for the damage suffered.

At the end of the exhibition or in the event of automatic termination by Voxels Production, the User’s account will be deleted as well as all the User’s data associated with it, without the User being able to claim any compensation.

Deletion or termination of the User Account shall not result in the deletion of the User Generated Configuration.

ARTICLE 11 – MISCELLANEOUS PROVISIONS

The T&Cs constitute the entire agreement between the parties relating to their subject matter and supersede any prior or contemporaneous agreement, oral or written.

The T&Cs being concluded intuitu personae, the rights and obligations resulting therefrom cannot be assigned or transferred by the User without the prior written consent of Voxels Production.

The fact that either party does not assert at any given time a provision of the T&Cs does not constitute a waiver of the rights relating to this provision.

ARTICLE 12 – APPLICABLE LAW AND DISPUTE RESOLUTION

These T&Cs are subject to French law.

The parties undertake to seek an amicable solution to any dispute which may arise from the execution of the T&Cs.

In the event of any difficulty in the interpretation or execution of these T&Cs, the User and Voxels Productions will endeavor to resolve the dispute amicably.

In the event of persistent disagreement, the Paris Courts shall have jurisdiction. This clause applies even in the event of summary proceedings, multiple defendants or third-party claims.