These General Terms and Conditions are set out to define the relations between, on the one hand, 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, as well as the rights and obligations of the Parties in the context of the online sales of Services proposed by ART-TROPE and, on the other hand, any physical or moral person wishing to benefit from the services proposed by ART-TROPE.
The services to be provided by ART-TROPE are presently listed and are subject to these General Conditions.
These General Terms and Conditions aim in particular to define the conditions under which ART-TROPE allows Artists in Paris, New York and/or London:
– to introduce to exhibition spaces and/or to get constructive feedbacks on their artworks from Art professionals;
– to ensure the promotion of their exhibitions;
– to benefit from technological tools adapted to their needs.
The Artist registration to the proposed Services does not imply any license or right of use on the software making up ART-TROPE websites, which the online use by the Artist is strictly related to the benefits of the Services.
The General Terms and Conditions may as necessary be modified and adapted based on specific conditions.
1. Definitions
In these General Terms and Conditions hereinafter established, words and expressions will have the meanings define as below:
Listed email address(es): means for ART-TROPE the email address or addresses listed on the Agreement with the Artist, on the invoice, on the Sponsorship voucher, on the websites of ART-TROPE; and for the Artist means the email address provided during their registration to the Services.
Artist: refers to one or many physical or moral persons registered to the services on the ART-TROPE websites.
General Terms and Conditions: refers to these General Terms and Conditions.
Agreement: means the agreement established between ART-TROPE and the Artist following the registration to the Services.
Mail: refers to any correspondence between ART-TROPE and the Artist by mail or email.
Party(ies): refers to the party or parties to the Agreement.
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. Services and Sponsorship description
2.1 Available ART-TROPE Services are as follows: 1 City Service, 2 Cities Service and 3 Cities Service. They are Paris (France), London (United Kingdom) and New York (United States).
2.2 ART-TROPE welcomes all Artists passionate about their artwork, from Art schools graduates to Artists already under galleries contract and including autodidacts.
ART-TROPE allows worldwide Artists to access quality services dedicated to their needs as opportunities and career accelerator.
2.3 Each Service includes a set of benefits for the construction and the long-term maintenance of the international visibility in the city or cities chosen by the Artist:
– professional portfolio presenting their career trajectory and their artwork;
– introduction to each exhibition space interested in their artwork;
– constructive feedbacks from Art professionals on their work and researches;
– newsletter dedicated to their activity;
– creation of an ART-TROPE Internet page linked to their website and social networks;
– Search Engine Optimization (SEO) of their ART-TROPE web page;
– preferred rates from ART-TROPE partners useful for the artistic career development.
2.4 Sponsorship
A Sponsorship system is established by ART-TROPE to allow the Artist to have an additional financial solution for their projects and their daily artistic career management.
The Sponsorship system is only effective upon activation of previously mentioned Services and reported by Mail to the Artist during the year 2017.
Each Artist who subscribes to the ART-TROPE Services may indicate the name of another artist as reference.
For every ten (10) sponsored Artists, the Artist will receive an ART-TROPE Sponsorship voucher financing their expenditures for the advancement of their career in the following manner:

SPONSORSHIP VOUCHER AMOUNT

— FOR EVERY 10 ARTISTS —

10

Artists

20

Artists

30

Artists

40

Artists

50

Artists

60

Artists

70

Artists

80

Artists

90

Artists

100 Artists

1 City Service € 299 € 598 € 897 € 1,196 € 1,495 € 1,794 € 2,093 € 2,392 € 2,691 € 2,990
2 Cities Service € 499 € 998 € 1,497 € 1,996 € 2,495 € 2,994 € 3,493 € 3,992 € 4,491 € 4,990
3 Cities Service € 749 € 1,498 € 2,247 € 2,996 € 3,745 € 4,494 € 5,243 € 5,992 € 6,741 € 7,490
The Sponsorship system is indefinitely renewable as long as sponsoring and sponsored Artists renew their subscription to ART-TROPE Services.
The Sponsorship voucher is only valid during the year of the subscription Services. After this time, the Sponsorship vouchers are obsolete and cannot in any case be carried forward to the following year of subscription.
3. Registration Procedures for an Artist
The subscription to ART-TROPE services is made exclusively online on ART-TROPE websites (www.art-trope.fr and/or www.art-trope.com) in the section Registration. The registration will take effect after the payment reception for the Services selected.
By way of exception for the year 2017, it is expressly provided that the subscriptions may be made from January 1st, 2017 and will become effective at the latest on December 31st, 2017.
The Artist commits himself to provide accurately, sincerely and completely all the information requested.
The registration process of the Artists wishing to subscribe to ART-TROPE Services of their choice is as follows:
1. Fill the online form in the Registration section of the ART-TROPE website (www.art-trope.fr or www.art-trope.com).
2. Read, accept and sign online the General Terms and Conditions.
3. Proceed to the online payment for the selected service including the French VAT set at 20%.
4. A confirmation e-mail will be sent including the reference number of the transaction from the Société Générale bank and the Agreement that you need to return signed to validate the registration at ART-TROPE SAS – 37 rue des Mathurins – 75008 Paris.
5. After receiving the signed Agreement within thirty (30) days and the payment of the selected ART-TROPE Service, an invoice will be sent by email confirming the registration and the activation of the ART-TROPE sponsorship system.
6. A publication will be made on ART-TROPE Websites (www.art-trope.fr or www.art-trope.com) of the last name, first name and website address of the Artist, the ART-TROPE Service selected and the name of the sponsored Artist if notified.
7. An e-mail will be sent confirming the effective date of the annual registration with the Artist’s login name to fill the available tools by exception at the latest on December 31st, 2017.
4. Duration of the Commitment
The Artist registration will take effect on the indicated date during the confirmation of the registration (the “Effective Date”) and the commitments made by the Artist as a part of the registration to the subscribed Service will continue over a renewable period of twelve (12) months.
ART-TROPE has no exclusivity on subscribed Artists to the Services.
5. Costs of Services
5.1 A representation service within the three (3) cities listed above is proposed from January 1st, 2017.
This Service will take effect through the year of 2017, or at the latest on December 31st, 2017:
FEES FOR THE YEAR 2017:

1 City Service

2 Cities Service  3 Cities Service

€ 299 without VAT / year

€ 499 without VAT / year

€ 749 without VAT / year

  + 5 % of commission on artworks sold by the Artist   + 5 % of commission on artworks sold by the Artist

  + 5 % of commission on artworks sold by the Artist

5.2 During the final registration validation, the Artist declares to have read, understood and agreed with the General Terms and Conditions.
5.3 Offered Services cost is subject to the French VAT set at 20%.
5.4 The subscription covers one of the Services chosen by the Artist and for a period of twelve (12) months with no possibility to change the selected Service during the current year.
5.5 In addition to the cost of the subscribed Services, the Artist agrees to pay a five (5) percent (%) commission on the price (VAT included) of their artworks sold during the exhibitions organized as part of ART-TROPE’s introductions to exhibition spaces. Therefore the Artist agrees to return to ART-TROPE a copy of each initial invoice at the time of a sale of an artwork.
6. Payment of Services
6.1 The payment of Services will be made on the ART-TROPE websites via the secure online payment methods of the Société Générale bank. The accepted credit cards are: VISA and MASTERCARD.
ART-TROPE is not responsible for any bank fees.
6.2 The amounts paid for the Services are non-refundable except in case of Agreement termination following a serious breach by ART-TROPE obligations, in which case ART-TROPE will reimburse the amounts paid in advance by the Artist for the Services not yet provided at the termination date.
6.3 Subscribed Services by the Artist under the Agreement are not transferable.
6.4 The Artist is sent to the server of the Société Générale bank which is responsible for the security of the transaction through a secure online payment. The Artist Registration will be confirmed by ART-TROPE only after receiving the approval of the transaction from the server of the Société Générale bank. In order to insure the security of the Internet transactions, the Société Générale bank applies the standard 3D secure which allows the authentication of the purchaser by the purchaser’s bank during an online payment.
6.5 ART-TROPE is warning the Artist of the fact that the security requires also a good computer maintenance used by the Artist. Maintenance includes a non-exhaustive use of the term and the security updates for applications offered by the provider of the software used.
The Artist must also ensure by using appropriate security software, that their computer is not infected or exposed to a security breach likely to compromise the security of the transaction.
6.6 The Artist ensures that they have necessary permissions to use the method payment chosen during their registration. Once the registration is validated and the payment is made, ART-TROPE will not grant a reimbursement for any reason.
6.7 ART-TROPE reserves the right to suspend the processing of the registration if the bank card payment authorization has been refused by officially accredited organizations.
6.8 ART-TROPE may not be held liable for any embezzlement or fraudulent use of any means of payment.
7. Termination
7.1 ART-TROPE may terminate the Artist’s subscription with immediate effect and without reimbursement of the subscribed Service price after written notice:
(a) in cases of violation of these General Terms and Conditions by the Artist.
7.2 The subscription would be rightfully terminated, without a reimbursement of the subscripted Service price and without prior notification in the case of breaches by the Artist as such as a non-exclusive manner:
(a) publication of informations by the Artist including illegal written or contents or prejudicial to the rights of third parties;
(b) misappropriation of the purpose of the ART-TROPE websites consultation.
The notification under the above mentioned terms shall be made by any written means: email, fax, registered letter with acknowledgment of receipt.
8. Confidentiality, data protection and additional services
Each Party will maintain the confidentiality of all specific provisions to the Agreement and will not disclose them to any third party (except to their professional advice and/or subsidiaries and companies within their respective groups in a confidential manner) without the prior written consent of the other Party, unless required by law.
ART-TROPE commits to comply with all applicable legislation on data protection and will collect and process the personal data in accordance with its privacy and confidentiality policy available on the following link : www.art-trope.com/privacy-policy.
In order to maintain the integrity of ART-TROPE Websites, ART-TROPE reserves the right to communicate contact details to any regulatory and control authority if required. ART-TROPE and its subsidiaries or branches may also provide contact details in a complaint case regarding the use by the Artist of the ART-TROPE Websites and when this use is considered incompatible with the Agreement.
The Artist authorizes ART-TROPE to send via e-mail all information concerning Services improvements, significant new features and other promotional information (including all surveys), as long as the Artist does not expressly oppose it in writing.
9. Obligations of ART-TROPE towards the Artist
9.1 ART-TROPE commits to provide the different Services subscribed by the Artist. ART-TROPE will make every effort to maintain ART-TROPE Websites without malfunctions or errors.
ART-TROPE will assume no responsibility for any lack access to ART-TROPE Websites caused by software used by the Artist when they enter information on those Websites.
9.2 ART-TROPE reserves the right to control the content of the information communicated by the Artist before the online publishing.
9.3 ART-TROPE will be authorized by the Artist without prior approval to proceed minor corrections in terms of spelling, syntax and font. The Artist will be informed of the final drafting of its Artist profile upon the online publishing in any case by Mail to their declared e-mail address.
10. Obligations of the Artist towards ART-TROPE
10.1 The Artist will not use ART-TROPE Websites to publish, transmit, distribute or create a link to any element (i) misleading or deceptive, (ii) discriminatory, defamatory, abusive or immoral purposes, incited discrimination, hatred or violence against an individual or a group of individuals due to their origin or membership or non-membership of a specific ethnic group, nation, race or religion determined, or based on gender, sexual orientation or disability, (iii) damage of the privacy or public order, (iv) in violation of legal provisions concerning the press or youth protection or (v) otherwise damaging towards third parties.
10.2 The Artist agrees to not use or attempt to use any search engine, software, tools, agent or other system or mechanism to navigate or undertake researches on the Website other than ART-TROPE search engine and the agents of researches available on ART-TROPE Websites. More generally, the Artist agrees to not use ART-TROPE Websites or Services provided on or via the Website to cause any disruption, damage, a drop performance or prevent by any way the functioning of the total or a part of the Website or relevant Services.
10.3 The Artist agrees to not resell the ART-TROPE Services purchased including, without limitation, any advertisement or access to Artist Profiles, to any other third party.
10.4 The Artist strictly prohibits himself to proceed any substantial extraction, either manual or automatic, of the ART-TROPE Websites content, and more generally to not affect to the ART-TROPE rights as the producer of the database concerned.
10.5 The Artist shall nevertheless remain liable of the information that they communicate to ART-TROPE and shall exempt any claim or action brought against ART-TROPE.
10.6 The Artist commits to promptly remove information that has become purposeless.
11. Limitation of liability
11.1 ART-TROPE assumes no responsibility to the Artist or to any other party for any loss of profits, operating loss, any replacement costs of Services or losses or indirect damages or consequential damages of any kind or nature whatsoever, for whatever cause, and the exclusive remedy for any claim, loss or damage related to one of the Services provided or to be provided under these General Terms and Conditions will be limited to the price that the Artist has actually paid for the Service(s).
11.2 ART-TROPE is bound only within the limits of due care regarding the continuity of its online Services. ART-TROPE, in particular, but not exclusively, cannot be held liable for:
(a) in case of defect or technical problems, in particular related to software, computer programs, hardware or Internet networks. This lack of responsibility is not limited to interruptions, suspensions or termination of the Service. The unavailability of the Service may not entitle to claim for damages and interests of the Artist;
(b) results of the Artist in their approach;
(c) regarding the content of the documents and information provided by the Artist (Artist Profile), as it is the full and entire responsibility of the Artist. ART-TROPE relies exclusively on the information provided by the Artist to perform the Services subscribed.
11.3 ART-TROPE cannot be held responsible for direct or indirect damages caused by data loss, fraudulent behaviors, hacking, accidental transmission or distribution of computer virus or other harmful elements, attitude or behavior of users or other third parties.
11.4 ART-TROPE cannot be held responsible if some exhibition spaces are not available on the dates chosen by the Artist or if these spaces refuse to exhibit the Artist. ART-TROPE cannot be held responsible if the Artist refuses to exhibit in the exhibition space with which ART-TROPE has introduced them.
11.5 ART-TROPE cannot be held responsible for the expenses incurred by the Artist for an exhibition. ART-TROPE does not have the obligation of a physical presence at the exhibition space to represent the Artist.
11.6 ART-TROPE cannot be held responsible for theft or damage cases of the Artist’s exhibited artworks neither theft nor damage occurring in the exhibition space.
11.7 The Artist releases ART-TROPE, its employees and directors from any responsibility for any damages resulting from the use of the Website or related Services, regardless of the perceived cause of the damages.
11.8 Without limiting the other articles of these General Terms and Conditions, in the case ART-TROPE were to be held liable, regardless of the content or form, its responsibility cannot exceed, for all damages considered together, the amount paid by the Artist to ART-TROPE.
12. Force majeure
ART-TROPE will not be held responsible for any delay or inability to carry out the agreed General Terms and Conditions herein by any event beyond its control, that prevent or delay the execution of the Service(s) provided, considered as a force majeure. It will be the case for the following events without limitation: natural disasters, maritime or airborne perils, fires, earthquakes, floods, sabotage, boycott, epidemics, war (declared or undeclared), riot, or any other event beyond the control of ART-TROPE.
13. Terms and Conditions of Use of ART-TROPE Services and Websites
The Artist will use all the Services provided by ART-TROPE solely for the needs of their business and will not resell or transfer any Service to a third party, and will not publish any notice or will not place any advertising under logos and/or brands other than their own. 
The Artist acknowledges to comply with the Terms and Conditions of Use of the Website to which they will reach. 
The Terms and Conditions of Use of the Website are available on the home page through the link : www.art-trope.com/conditions-of-use
Should a contradiction be found between the Terms and Conditions of Use of the Website as described in this paragraph and the provisions of the General Terms and Conditions, the latter will prevail. 
ART-TROPE reserves the right to suspend the Services provided to the Artist and/or any passwords and other access codes if ART-TROPE has a valid reason to suspect that the Artist is violating any part of the General Terms and Conditions, or any other agreement made between ART-TROPE and the Artist or any part of the Terms and Conditions of Use.
14. Useful Links
ART-TROPE reserves the possibility to display on the Website hypertext and descriptive links transferring to external sites. ART-TROPE will not be responsible in any case for the content of those sites, products and services displayed, or any damages of any kind whatsoever that may occur as a result of visiting or using such sites.
15. Intellectual property
15.1 The content of the ART-TROPE Websites is protected by the application of all legislative and regulatory provisions. Unless otherwise specified, all the elements of the ART-TROPE Websites (texts, names, photographs, images, icons, designations, logos, acronyms, expressions, drawings, products, database, software) and rights of use related are the exclusive property of ART-TROPE or its partners and will incorporate registered and protected trademarks or elements by copyright.
15.2 The reproduction of all documents published on the ART-TROPE Websites is authorized exclusively for purposes of information for personal and private use. Any full or partial reproduction, copy, adaptation, publication in whatever medium stored, or all exploitation in any way (and other cases established by the law), performed from relevant elements of the Website for other purposes, is strictly prohibited and requires the prior written authorization of ART-TROPE. Not respecting these rules may result in civil or penal responsibility for the offender.
15.3 ART-TROPE reserves the right to seek damages for counterfeit and more generally to infringe its intellectual property rights.
16. ART-TROPE Communications related to the Artist
The Artist authorizes ART-TROPE to replicate their brand and distinctive signs, and will mention their name and their status as Artists on the ART-TROPE Websites pages dedicated to the promotion of the Services.
17. Entirety
The nullity of a contractual clause will not result in the nullification of the General Terms and Conditions, except if it’s an impulsive and decisive clause broughting one of the parties to conclude the Agreement.
Temporary or permanent non-compliance of one or many clauses of ART-TROPE General Terms and Conditions is not considered as a waiver by ART-TROPE of other clauses of the General Terms and Conditions which will continue to have effects.
18. Applicable right – Attribution of jurisdiction
The General Terms and Conditions is ruled, interpreted and applied in accordance with the French law. 
Only the Paris Commercial court is competent to know about possible lawsuits to these General Terms and Conditions of Sale and their implementation, including their validity, interpretation, execution, termination and effects.
(Version on January 1st, 2017)