WWW.ART-TROPE.FR – WWW.ART-TROPE.COM and WWW.LETARTISTSCREATE.COM
This Website (hereinafter referred to as the “Website”) is edited by ART-TROPE, a Simplified Joint-Stock Company with a share capital of 5.142,86 euros, registered at the Trade and Companies Registry of Paris under the number 820 804 185, and which headquarter is located at 37 rue des Mathurins – 75008 Paris.
The Publication Manager 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 meant to define the relations between ART-TROPE and any natural or legal person wishing to use ART-TROPE’s Websites.
It is important that you review these General Terms and Conditions of Use carefully.
By checking the box “I have read and I expressly agreed with these General Terms and Conditions of Use,” the user commits to respect them.
To agree with the General Terms and Conditions of Use, check the box “I have read and I expressly agreed with these General Terms and Conditions of Use” upon your subscription on the Website.
In these General Terms and Conditions of Use listed below, words and expressions will have the following definitions:
Artist: refers to one or many natural or legal individuals registered to the services on ART-TROPE’s websites.
Content: refers to all the texts, graphs, 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 aspect and friendliness, the presentation and the arrangement displayed the ART-TROPE’s Websites.
Artist Profile: refers to the confidential code, online spaces and services strictly dedicated to the Artist only upon registration on ART-TROPE’s websites by filling out the online form.
Service(s): means one or several services provided by ART-TROPE to the Artist.
ART-TROPE Websites: refers to the set of all ART-TROPE’s technological tools and software available on the Internet through ART-TROPE’s websites and in which ART-TROPE provides Artists with 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 oversee any type of use of the Websites and Services offered.
The use of the Websites implies the unconditional and automatic acceptance by the Artist of the 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 modify or make additional changes to these General Terms and Conditions of Use whenever ART-TROPE sees fit, without further notice and compensation.
The relogging and the continuous use over time of the Website is irrefutably considered as a 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 login to the Websites.
The General Terms and Conditions of Use of the Websites include disclaimers of guarantee and limitations of liability which the Artist commits to being aware of.
3. Validity of the Information provided
Whenever the Artist has to provide information, they agree to:
– deliver true, accurate and up-to-date information when filling out the registration form data entry and also not to use false names or addresses, nor to use names or addresses without authorization;
– keep the data registration up to date in order to ensure their truthfulness, accuracy and up-to-date nature at all times;
– never to make available nor to provide illegal, improper (such as discriminatory or racist) nor again harmful (such as viruses) information the would not comply with 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 unilaterally.
4. Access to the Websites and to the Services
4.1 ART-TROPE is only bound by an obligation of means regarding 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 for and not only limited to the following items:
– any prejudice resulting from a case of force majeure, from a case of a fortuitous occurrence or an act of a third party;
– any technical issues including the ones related to software, hardware, and the Internet.
4.2 ART-TROPE reserves the right to modify or suspend the Service, totally or partially, temporarily or permanently, without being held responsible by the Artist.
ART-TROPE may add on general rules and limitations, regarding the use of the Sites and of its Services, especially when it comes to the items listed below but only :
– a maximum number of days during which advertisements, Artist’s 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 allowance to a service in a given period (and the maximum duration of each allowance). ART-TROPE will not be held responsible for 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 false, 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 code of conduct in force on the Internet, ART-TROPE reserves the right to suspend or delete the Artist Profile and when is sees fit, to prevent the Artist from having access to the Websites, delete the data and files concerning the Artist 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 occur. Furthermore, this information must be taken into consideration before uploading and not when consulting the site.
In any case and under no circumstances, ART-TROPE shall 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 the inability 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. Addition of information related to the Artist Profile
6.1 When an Artist adds on information related 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 mentioned.
6.2 ART-TROPE reserves the right to modify, suspend or remove, totally or partially, without notice, any advertisement or Artist Profile, including for the following non-exhaustive 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 against the values 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 mindset and values of the Websites and to be considerate and honest regarding 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 lead to civil and criminal prosecution.
6.5 The Artist acknowledges the right of exploitation of the Artist Profile by ART-TROPE’s 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 content of the advertisement itself but also all the attached elements (photo, file, link) which are bound 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 disregard the law, public order, morality, Websites’ image or Artists’ expectations.
7.3 The Artist certifies that they have all authorizations to quote or use elements involving image rights or intellectual property in their Artists Profile. 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 free 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 provided to ART-TROPE or posted on the Websites.
8. Hyperlinks – Cookies
Any Webmaster who wishes to establish a link from their website to ART-TROPE’s Websites is required to obtain prior express authorization by sending a request 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 linking” which consists in interlinking the pages of the Websites inside the pages of the Webmaster’s website.
The Artist who would be redirected to a third website via a hyperlink on the Websites acknowledges that ART-TROPE does not control the content of the redirecting websites.
Therefore, ART-TROPE can never 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 their Internet browser.
9. Copyright and Intellectual Property
All of the Website elements including texts, presentations, illustrations, photographs, tree views, 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 stated 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 strictly deposited by the President of ART-TROPE.
As such, any person representing, reproducing, linking, distributing and redistributing the materials incurs the penalties provided by the applicable law.
11. Processing and protection of personal data
ART-TROPE commits to respecting the privacy and to protecting the Artist personal data as stated in Law No. 78-17 of January 6, 1978 regarding computers, files and freedoms.
The Websites are declared at the 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 to fit the Artist’s needs.
As part of the services offered by ART-TROPE, ART-TROPE may be required to disclose personal information collected to third parties, it is implied that in such cases ART-TROPE shall not be held 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 won’t be able to overcome the measures mentioned or use the personal information for illegitimate purposes.
The Artist has the right to access, rectify and object to information related to 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 related to these General Terms and Conditions of Use and their implementation, including their validity, interpretation, execution, termination and effects.
(Version of January 1st , 2017)