WWW.ART-TROPE.FR – WWW.ART-TROPE.COM and WWW.LETARTISTSCREATE.COM
This Website (hereinafter established as the “Website”) is edited by ART-TROPE, a Simplified Joint-Stock Company with a capital of 5,000 euros, registered at the Trade and Companies Registry of Paris under the number 820 804 185, with its head office located at 37 rue des Mathurins – 75008 Paris.
The Publication Director is Madam Virginie Tison.
The Websites are hosted by the companies Media Temple Inc. – 8520 Boulevard – Culver City, CA 90232 – United States and OVH SAS – 2 rue Kellermann – BP 80157 – 59053 Roubaix Cedex 1 – France.
These General Terms and Conditions are set out to define the relations between ART-TROPE, on the one hand, and any physical or moral person wishing to use the ART-TROPE Websites on the other.
It is important for you to review these General Terms and Conditions of Use.
By checking the box “I have read and I expressly agreed these General Terms and Conditions of Use,” the user commits to respect them.
To agree to the General Terms and Conditions of Use, check the box “I have read and I expressly agreed these General Terms and Conditions of Use” upon your subscription on the Website.
In these General Terms and Conditions of Use hereinafter established, words and expressions will have the meanings define as below:
Artist: refers to one or many physical or moral persons registered to the services on the ART-TROPE websites.
Content: refers to all the texts, graphics, Artists interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, videos, illustrations and computer codes, including the design, the structure, the selection, the coordination, the expression, the “look and feel”, the presentation and the arrangement displayed on the ART-TROPE Websites.
Artist Profile: refers to the confidential code, the spaces and the functions reserved for the Artist upon their registration on ART-TROPE websites by filling an online form.
Service(s): means one or the services provided by ART-TROPE to the Artist.
ART-TROPE Websites: refers to the set of all ART-TROPE technological tools and software available on the Internet through ART-TROPE websites and in which ART-TROPE provides Artists services available at the addresses below: www.art-trope.com, www.art-trope.fr and www.letartistscreate.com.
2. General Terms and Conditions of Use of the Websites
The General Terms and Conditions of Use of the Websites govern any use of the Websites and Services offered.
The use of the Websites implies the unconditional and automatic acceptance by the Artist of these entire General Terms and Conditions of Use and its related legal notices as well as their commitment to respect them.
ART-TROPE reserves the right to make changes and additions these General Terms and Conditions of Use at any time, without notice and without compensation.
The reconnection and the continued use over time of the Websites constitutes systematic acceptance and compliance with the General Terms and Conditions of Use. Therefore, it is the responsibility of the Artist to take note of the new updates relating to these Terms and Conditions at each new connection to the Websites.
The General Terms and Conditions of Use of the Websites include exclusions of warranties and limitations of liability which the Artist declares to have acknowledged.
3. Validity of the Information provided
In the event of the Artists have to provide information, they agree to:
– deliver true, accurate and up-to-date information at the time of the registration form data entry and also not to use false names or addresses, or not to use names or addresses without authorization;
– keep the data registration up to date in order to ensure on a permanent basis their true, accurate and up-to-date nature;
– neither make available nor distribute illegal, improper (such as discriminatory or racist purposes) nor again harmful (such as viruses) information by an offender the applicable legislation.
In the case of breach of these legislative provisions, ART-TROPE may suspend or immediately terminate the Artist’s access to the Services at their exclusively responsible.
4. Access to the Websites and to the Services
4.1 ART-TROPE is only bound by an obligation of means as regards the continuity of its online Services. The Artist can access to the Websites 24 hours a day, 7 days a week, unless otherwise specified.
ART-TROPE will not be responsible and specifically but without limitation for:
– any prejudice resulting from a case of a force majeure, from a case of a fortuitous occurrence or an act of a third party;
– any technical problems including those related to software, hardware, and Internet.
4.2 ART-TROPE reserves the right to modify or suspend the Service, totally or partially, temporarily or permanently, and will not be held responsible by the Artist.
ART-TROPE may establish general rules and limitations, regarding the use of the Sites and of its Services, and in particular without the following list being restrictive, to set:
– a maximum number of days during which advertisements, Artist Profiles, messages, or any other uploaded content will be kept and released;
– a maximum number and a maximum size of messages that can be sent and received per Artist on the Websites;
– a maximum memory space allocated on the Website servers;
– a maximum number of access to a service in a given period (and the maximum duration of each access). ART-TROPE assumes no responsibility as to the deletion or failure to store any message, communication or other content disseminated or transmitted.
4.3 The Artist agrees to remove from their messages and Artist profile all that would be wrong, unrelated to Art, obscene, offensive, abusive, racist, slanderous, defamatory or discriminatory with regard to the applicable law.
In case of non-compliance by the Artist with these General Terms and Conditions, the ethics of the Websites or the rules of good conduct in force on the Internet, ART-TROPE reserves the right to suspend or destroy the Artist Profile and when appropriate, to prohibit them from having access to the Websites, delete the data and files concerning them and this without prejudice to any other common law action.
5. Limitation of liability
The Artist expressly acknowledges using the Sites at their own risk and under their sole responsibility.
The Artist release ART-TROPE, its employees and managers from any liability for any harm resulting from the use of the Websites or related services.
The Sites provide the Artist with indicative information, as it is, with all faults, errors, omissions, inaccuracies and other ambiguities that may exist. Furthermore, this information shall be taken into consideration when they are online and not when consulting the site.
In any case, ART-TROPE shall under no circumstances be held liable for:
– any direct or indirect damage, including the loss of profits, shortfalls, loss of customers, data loss, that may, among other, result from the use of the Websites, or rather the impossibility to use them;
– a malfunction, unavailability of access, misuse, improper configuration of the computer or any other computer-based or telephone equipment of the Artist or the use of an unusual browser by the Artist;
– the content of advertisements and other links or external sources accessible by the Artist from the Websites.
6. Insertion of information on the Artist Profile
6.1 When an Artist adds information relating to the Artist Profile on the Websites, they declare being the rightful owner of the information or having due authorization to release it, and having the capacity to agree with these conditions.
6.2 ART-TROPE reserves the right to modify, suspend or remove, totally or partially, without notice, any advertisement or Artist Profile, including, without limitation, for the following reasons:
– in case of conflict with these General Terms and Conditions of Use;
– if the advertisement or the information on the Artist is incomplete, too short, or contrary to the spirit of the Websites;
– if the advertisement or information on the Artist is likely to harm the image of the Websites or interfere with their use.
ART-TROPE also reserves the right to suspend or remove any advertisement or message that was reported as litigious by an Artist without having to justify its decision.
6.3 The Artist agrees to comply with the spirit of the Websites, being measured and honest in the content of their Artist Profile.
6.4 Any insertion or maneuver to insert advertisements that may prejudice the operation or the image of ART-TROPE or the Websites may be subject to civil and criminal prosecution.
6.5 The Artist acknowledges the right of exploitation of the Artist Profile by ART-TROPE services.
7.1 The sections under this title apply to all inserts on the Websites. The concept of advertisement or insert includes not only the text of the advertisement itself but also all the attached elements (photo, file, link) which are subject to the same rules.
7.2 Any advertisement related to services forbidden by the applicable law is prohibited.
ART-TROPE reserves the right to remove from the Websites any advertisement that would be contrary to law, public order, morality, Websites’ image or Artists’ expectations.
7.3 The Artist certifies that they have any authorization to quote or use in its Artists Profile elements involving image rights or intellectual property. The Artist agrees to be personally responsible for any action that emanates from the holder or beneficiary of those rights and agrees in advance to release ART-TROPE, its employees and managers from any responsibility in case of dispute.
7.6 The Artist is the sole author and responsible for the contents of the personal information and related elements transmitted to ART-TROPE or posted on the Websites.
8. Hyperlinks – Cookies
Any Webmaster who wishes to establish a link from their website to the Websites is required to obtain prior express authorization by requesting it at the following email address: [email protected].
In any event, the Webmaster who would create a hyperlink agrees not to use the technique of mirror website or that of deep link in which the pages of the Websites are interlinked inside the pages of the Webmaster’s website.
The Artist who would be redirected to a third website via a hyperlink on the Websites recognizes that ART-TROPE does not control the content of redirecting websites.
Therefore, ART-TROPE shall in no case be held liable for any direct or indirect damage resulting from the use of the websites accessible via the hyperlinks contained on the Websites.
ART-TROPE informs the Artist that they may object to the registration of cookies by modifying the configuration of the its Internet browser.
9. Copyright and Intellectual Property
All of the Website elements including the texts, presentations, illustrations, photographs, trees, graphics and HTML codes are the property of ART-TROPE.
As such, their total or partial representation, reproduction, linking, distribution and redistribution are prohibited.
Any person proceeding as such without being able to justify a prior express consent of the holder of these rights incurs counterfeiting offense penalties, as provided by the applicable law.
In any event, all authorized copies of all or part of the Websites’ content, shall bear the following “Copyright ART-TROPE all rights reserved”.
10. Trademarks and Domain Names
The trademarks, logos and domain names contained on the Websites are deposited by the President of ART-TROPE.
As such, any person making representation, reproduction, linking, distribution and redistribution incurs the penalties provided by the applicable law.
11. Processing and protection of personal data
ART-TROPE undertakes to respect the privacy and protect the Artist personal data pursuant to Law No. 78-17 of January 6, 1978 on computers, files and freedoms.
The Websites are declared at CNIL under the number 1989686.
Personal information collected through the Websites are essentially the artist’s first and last names, website address, mailing address, telephone number (fixed or mobile), email address. This information is collected through a form available on the Websites.
The personal data collected are used to manage the subscription request for the Website Services. They also allow ART-TROPE to offer a customized service adapted to the needs of the Artist.
As part of the services offered by ART-TROPE, ART-TROPE may be required to disclose personal information collected to third parties, it might be understood that in such cases ART-TROPE shall not be responsible for the privacy policies and methods of use of personal data of such third parties.
The Artist agrees explicitly, without limitation, with the collection, use, transfer and storage of the personal information provided by them.
ART-TROPE has implemented technically and organizationally, appropriate measures designed to protect personal data against accidental loss or unauthorized access, use, alteration or distribution.
Despite these measures, the Internet is an open system and ART-TROPE cannot guarantee that unauthorized parties cannot circumvent the measures in question or use the personal information for illegitimate purposes.
The Artist has the right to access, rectify and object to information concerning them, which they can exercise at any time by writing to the following address: [email protected].
The Artist may change their online data by logging onto the Websites and entering their email address and password to access their Artist Profile.
12. Reporting abuse
The Websites allow the Artist to report any abuse or use of the Websites in breach of the legal notices, General Terms and Conditions of Use and the current legislation.
In this case, the Artist can send an email to the following address: [email protected].
13. Applicable Law – Competent Court
The General Terms and Conditions of Use shall be governed, interpreted and applied in accordance with the French Law.
Only the Paris Commercial Court shall be competent to hear actions arising from disputes relating to these General Terms and Conditions of Use and their implementation, including their validity, interpretation, execution, termination and effects.
(Version of January 1st , 2017)