Definition The following General Terms and Conditions of Use aim to set out the terms of services supplied by the We-Arts website, referred to below as “the Website” and the terms of use of the Website by the User. By accessing and using all or part of this Website, the User agrees and signifies his/her agreement to be bound by these Terms of Use. If you do not agree with our Terms of Use, you should not access or use the Website.Legal notices The We Arts website is operated by: SARL We Arts (We Arts Ltd.) 81, rue Louis Blanc 76 100 Rouen FRANCE
The We Arts website is hosted by: OVH 2, rue Kellermann 59 100 Roubaix
FRANCE
We Arts provides on its Website a range of online services related to arts and contemporary creation, such as the possibility to find and exhibit artworks, to sell and buy these artworks online, to promote events, etc. (these services are collectively referred to below as “the Service”).
Unless otherwise specified, any other new facility or adjustment of a service is subjected to the following Terms of Use of the Website.
Article 1: Definitions
User: The Website User refers to any Internet User who uses the Website and/or any of the services provided by the Website. There are several kinds of Users: the simple Visitors, the Members and the Exhibitors.
Visitor: The Visitor is the User who has free access to the Website.
Member: The Member is the Visitor who has taken steps to register freely on the Website, which grants him/her access to some services such as the We Arts Account.
Exhibitor: The Exhibitor is a Member who subscribes to one of the We Arts services regarding online information publishing The Exhibitor is generally an independent creator or a collective of artists. The Exhibitor accepts both the herein Terms of Use and the practical details about online hosting and selling mentioned in the contract concluded with We Arts.
We Arts Account: The We Arts Account is a space within the Website dedicated to Members. Each member carries out the management of his/her own Account. The Account includes all the personal pieces of information the Member wishes to edit online.
Member content: The User Content covers the various sections allowing the User to leave messages or to express his/her opinion.
Article 2: Service overview
The Service is constituted by the following services: the artworks database, the service of opinions about the artworks, online selling, the events agenda, the communication tools (newsletter, etc.)
Article 3: Using the Website
Article 3.1: User's general obligations
Generally speaking, the User has the obligation to: −␣behave honestly towards the We Arts Website and other Users, especially when posting remarks. −␣respect the intellectual property rights relative to the contents provided by the Website and the other Users. Hence, the User must refrain from downloading, reproducing or copying, altering, modifying or printing the artworks, trade marks, logos, texts, pictures, sounds and in general terms all the various pieces of information edited on the Website and liable to benefit from a protection in regards to the Intellectual Property Rights, for other purposes than strictly personal and private ones. Any fraudulent use of the so protected artworks exhibited on the Website can incur the User's liability regarding the owners of the rights hence flouted. −␣communicate only true and faithful pieces of information regarding his/her civil status and contact information. −␣make no commitment for a third party.
Article 3.2: Accessing the Website
Any person who has got an Internet connexion can have free access to the Website and visit it free of charge. Some services are nonetheless only accessible to the Members, others to the Exhibitors.
Article 3.3: Subscribing to the Service Article 3.3.1: Terms of registration
A Visitor may become a Member after having accurately and honestly filled in a registration form. The registration of a Visitor as a Member will be effective when the Visitor receives a confirmation email that will be sent from the We Arts Website to the Visitor's attention.
Registration is open to physical persons, but also to companies and moral persons legally represented by a juridically liable physical person. The Visitor must fill in the registration form available on the Website by giving the required information (such as title, surname, first name, date of birth, postal address, email address, as well as a user name and password of his/her choice). These pieces of information enable the Website to identify the Visitor with no possible mistake. If some of the compulsory information was missing or seem to be deliberately false (fake identity, wrong address, etc.), We Arts reserves the right to delete the corresponding account without notice. The fact that a User subscribes as a
Member makes him/her fully and unreservedly accept the herein Terms of Use and binds him to strictly respect them.
If a User wants to access to the Member status, he/she has to make sure that his/her email address is accessible to the messages which will be sent by We Arts, without having to go through an email address authentication system or any other spam screening system. If a User has got a system to prevent the reception of unwanted emails, he/she will take care to configure this system in order to be able to receive We Arts messages (whether in text or HTML mode). Under no circumstances will We Arts answer requests of manual authentication which would be sent through this kind of protection system.
Article 3.3.2.: Member’s identification
When registering, each user of the Website chooses a user name and a password. The user name is unique and characterizes the Member. This user name will be systematically asked to the Member in his exchanges with the Website in order to be able to identify the Member with no possible mistake and to provide him/her with a customized offer. In case the Member loses or forgets the password and/or the user name, the Member must use the form provided for this purpose in the “Members’ space” page of the Website (“Forgot your password?”). As some functionalities are only available to Members (comments, purchases), the Member is invited to identify with his/her log-in parameters (user name and password) in order to be able to benefit from these functionalities.
Article 3.3.3: Duration of the registration
The registration of the User is done for an unlimited length of time (except for the Exhibitors’ accounts), without preventing the possibility for both parties to terminate the hereby contractual relationships, unilaterally, at any time, without any notice or compensation.
In case the User especially breaches the provisions of the hereby rules, We Arts reserves the right to delete the corresponding User account without notice.
Article 3.3.4: Members’ space
Registering for the Service enables the Member to have a space of his/her own on the Website, which is for him/her to manage. This space is called “Account”. The Member can open as many Accounts as he/she wishes, as long as he/she goes through the registration process for every Account he/she creates. A new user name and a new password will be attributed to the Member for each account. The personal information thus edited online by Members who are not Exhibitors is exclusively intended for a non commercial purpose, except prior formal agreement made by We Arts.
Failure to respect this particular measure will lead to immediate deletion without notice of the Account involved. In addition, the We Arts company reserves the possibility to initiate legal proceedings against the offenders. Members are the only liable persons regarding all the content they communicate to We Arts, and the resulting consequences. Each Member who posts a comment on the Website commits not to express any illegal content, in particular:
- Conflicting with law and order, morality and respect of private life, - Of a defamatory nature (imputing a fact which damages the honour or consideration of a physical or moral person, or the body to which the fact is
imputed), - Of an abusive or aggressive nature, including personal offenses (insulting
expression, words of contempt or invective, coarse or obscene talk), - Likely by its nature to breach respect and dignity of human beings, equality
between women and men, and/or protection of children and teenagers. - Encouraging criminal or punishable commitments, - Promoting discrimination, racism, and hatred, - Showing an advertising purpose (spamming) (This list is not exhaustive.) Therefore, the moderators reserve the right not to publish or to withdraw an article
or a comment at any time, and without formal notice, if it does not respect the Website’s theme and/or contravenes with laws and rules in force.
Article 4: The Exhibitor’s account
The Exhibitor account enables the User, on payment of membership fees for the specific collaboration contract and of a possible subscription corresponding to the chosen formulation, to become an Exhibitor and to be able to benefit from, for example, the services corresponding to the type of subscription:
- online communication of information
- online sales of his/her artworks The Exhibiting Member is the only liable person for all the content he/she edits online on We Arts and for the resulting consequences. When the Exhibiting Member has got distinct Accounts, access to the services of the Exhibitor’s Account implies using the specific user name of the account for which the Member is Exhibitor. The User who wishes to open up an Exhibitor’s account must ensure to have full juridical liability to subscribe to it, and is invited to refer to the hosting and online sales contract for which he has registered for more information on his rights and obligations. The duration of the registration for an Exhibitor’s account is defined in the collaboration contract established between We Arts and the Exhibitor.
Article 5: We Arts’ liability
5.1 Internet related characteristics
The User declares to acknowledge and accept the characteristics and limits of the Internet, regarding in particular technical performances, feedback times to consult, ask for, or communicate information, risks of breakdowns, and more generally speaking, risks inherent to all connection or transmission on the Internet, lack of protection of certain data against possible hacking and risks of contamination by possible computer viruses operating on the web.
Accordingly, under no circumstances could We Arts be held responsible for any damage directly or indirectly related to one or any other characteristics and/or limits listed above.
The connexion of any User to the Website and the use of any or all parts of the Services provided by the Website are made under the entire liability of the User. It is up to the User to take any proper step in order to protect his/her own data and/or software stored in his/her computing hardware against any damage.
5.2 Accessing / Updating the Website
We Arts tries its best to keep the Service available 7 days a week, and 24 hours a day, but cannot be held responsible for any obligation of achievement. Any evolution or change in the Website could lead to an update and/or a temporary unavailability of the Website, for which the liability of the Website could not be incurred in any way.
Furthermore, We Arts reserves the right to interrupt, suspend, modify or put an end to one or several services provided on the Website, at any time and without notice, without justification. In that case, We Arts liability could not be incurred in any way except if specific arrangements have been made.
Article 6: Personal data
We arts made a statement with the “CNIL” (French national board in charge of enforcing the law on data protection) concerning the collection and processing of nominative data regarding Users/members under number ... (statement in progress).
6.1 Collected data
We arts collects personal data when you subscribe in order to identify members and to give them access to the different available services. We arts uses “cookies” and other technologies in order to facilitate your use of the Services and more generally to improve We arts’ provisions.
6.2 Use of personal data
We arts commits to do its best in order to protect personal data communicated by Members while registering, and possibly when modified afterwards, but may have to transmit them to the We arts’ members of staff or to other providers for technical purposes.
6.3 Rectifying data
According to the French Act of 6 January 1978 relative to Data Processing, Data Files and Individual Liberties, amended by the Act n° 2007-801 of 6 August 2004, every User has the right to access to, correct, rectify or delete personal data concerning himself/herself. You can modify this data directly on your personal account. To delete your account, you can send an email with your user name and password to: contact@we-arts.com.
Article 7: Modifications
The herein General Terms of Use can be modified by We Arts at any time. These modifications take effect as from their publication on the Website and imply acceptance of the modified General Terms of Use.
Article 8: Applicable law and assignment of jurisdictions
If one or several stipulations of the herein convening are held invalid or declared so in accordance with a law, a rule or following a definitive decision of a competent jurisdiction, the other stipulations will keep all their might and significance. The litigants then agree to replace the clause which has been ruled void and invalid by a clause which content will be closer to the initially concluded clause, especially in order to keep the balance of the contract. The herein general terms of use constitute the entire and only contract between parties. In particular, this contract replaces and cancels any previous agreement. Any litigation which could arise from the enforcement of interpretation of the herein General Terms of Use will be submitted to the jurisdiction of the Courts of Rouen (France), French Law being the applicable law. The User also commits to using the Services on the Website with due respect to international regulations. However, it cannot call into question the exclusive enforcement of the French Law.
