GENERAL CONDITIONS OF USE
1- GENERAL CONDITIONS OF USE
These General Conditions of Use (hereafter called “GCU”), subject to French law, govern the use of the site artween.com including all content and features accessible on the site artween.com (all of which are called hereafter “Site”) published by the company Artween. Your access or use of the Site, whether you are a registered or non-registered user of the site, as a private individual or a professional, infers express acceptance without reservations of the GCU including stipulations of all notices (hereafter called “Notices”) applicable to the Site, specifically including the charter concerning the protection of personal data. If you access or use the Site as a professional, you guarantee Artween that you hold all rights, authorizations and authority necessary to accept the GCU on behalf of the company, association, partner or any other entity (hereafter called “Entity”) for whom you are using or accessing the Site and/or creating an account according to the conditions hereafter. In this case, your access or use of the Site will infer express acceptance without reservations of the GCU, Notices included, by this Entity. Artween may modify the GCU or Notices at any time. In this case, these modifications will be notified on the Site. To this effect, you recognize and accept that your use of the Site or simply your access to it after the date at which the modifications are issued will infer your acceptance of the GCU and Notices as they have been modified.
Read the GCU carefully and do not hesitate to contact us at firstname.lastname@example.org for any questions that you may have.
1. Presentation of the site
Artween.com is an original site to host text, images, photographs, videos and music on the theme of art free of charge and to allow users to view, listen, put online, store, share and comment on their own artistic creations and those of other users. The storage space allocated to each user is unlimited (except upon notification to the contrary by email). The size of each contribution may be restricted by Artween in order to control costs of bandwidth and for technical reasons. The Site is not designed for the backup of content and so it is up to you to take necessary action in this regard. Finally, and in accordance with common practice and use of the Internet, advertising may be included on the Site.
2. Your intellectual property rights
If you are registered and you have an account through which you publish your texts, images, photographs, audiovisual work, videos and music online, as well as your comments, your pseudonym and your avatar (all of which are called hereafter “Your Content”), Artween does not acquire any property rights with regard to Your Content. If you choose to make Your Content accessible to other users (individually or in groups), you declare that you accept that they can, free of charge and to purely personal ends, download, copy, view, listen to and share Your Content on the Site or from the Site, on other fixed or mobile electronic communications media, for all of the time that Your Content is hosted on the Site. If you wish to put content from Other Users (as defined in paragraph 3 below) to other uses, in particular commercial uses, you must first obtain the necessary authorization from them. In addition, during the time that Your Content is hosted and strictly within the scope of applications making the Site accessible via Internet or other electronic communications media, you authorize us to reproduce and/or represent Your Content and, if need be, adapt its format to this effect. You are also informed that, in view of the intrinsic characteristics of the Internet, data submitted, in particular Your Content, is not protected against risks of appropriation and/or hacking, for which we will not be held responsible in any case whatsoever. It is up to you, if relevant, to take all appropriate measures to protect this data.
3. Other users’ intellectual property rights
Other users of the Site (hereafter called “Other Users”) can publish content online in accordance with the GCU and other Notices. You undertake not to access content belonging to Other Users for any reason apart from personal and non-commercial use, as stated and authorized for the normal features of the Site.
4. Our intellectual property
The Site is our exclusive property. Generally, we grant you a free, personal, non-exclusive and non-transferable right to access and use the Site on condition that you accept and comply with the GCU. All other rights are expressly reserved and excluded without our prior written agreement. Content (other that Your Content and Other Users’ content) included or accessible on and/or through the Site, in particular any text, graphics, logos, names, brands, descriptions, tabs, features, images, sounds, data, photographs and any other material or software (hereafter called “Artween Content”) is the exclusive property of Artween or its licensees, is protected by intellectual property rights and is subject to the relevant applicable laws and regulations . Artween Content must in no case be downloaded, copied, altered, modified, deleted, distributed, transmitted, circulated, sold, rented, granted or exploited (in whole or in part) in any way whatsoever, without the express written agreement of Artween or its licensees. You accept not to use or exploit Artween Content to ends other that those stated within these GCU. In addition, you are not authorized to modify, improve, edit, translate, decompile, disassemble or create one or several composite and/or derived work(s) using Artween Content (in whole or in part), except if this possibility is expressly granted to you in writing by Artween or one of its approved licensees.
5. Our responsibility as host
We are not legally bound to any general obligation of surveillance of content transmitted or stored via the Site. The only obligations inherent to our role as host concern (i) prevention of certain content according to the procedure described in the Notice Report content, (ii) conservation of your connection data, which is covered by professional secrecy and dealt with in accordance with the relevant legal provisions (see Notice Protection of personal data) and (iii) removing any manifestly illicit content as soon as we are aware of it.
Generally, Artween will not be held responsible under any circumstances for content made available through the Site and for relations that may be established between users of the Site, in particular if information and/or data should be false, deceptive or misleading in their appearance or by the information that they contain and/or of a nature so as to distort the real characteristics of goods and/or services really offered, in particular in the section “Small ads” of the Site. Similarly, Artween will not be held responsible under any circumstances for prejudices resulting from negotiation, non-fulfilment or default concerning all or part of any agreement concluded with Other Users, in particular, but not only, via the section “Small ads” of the Site.
In addition, the Site may contain links to other Internet sites that have no affiliation with Artween. Artween makes no guarantee and will in no case be held responsible for the nature and content of the said sites nor for damage or prejudice that you might suffer through connection to the said sites, even by clicking on a link appearing on one of the pages of the Site.
6. Your responsibility as User
By placing Your Content on the Site, you are bound to comply with legal and regulatory provisions in force. It is therefore your responsibility to ensure that the storage and distribution of Your Content via the Site does not constitute (i) a violation of third party intellectual property rights (copyright and/or similar rights), (ii) damage to persons (in particular defamation, abuse, etc.) or invasion of privacy, (iii) offences to public order and standards of good behaviour (in particular, vindication of crimes against humanity, incitement to racial hatred, child pornography, etc.). By putting Your Content online and at the disposal of Other Users on and/or through the Site, you guarantee that you hold all rights and authorizations necessary from holders concerned, and that you have settled all rights and payments due as a result of the present CGU to collecting societies and that Your Content in no case constitutes one of the offences stated in (ii) and (iii) above.
In addition, you undertake to make very effort to ensure that all information and data in Your Content is correct and cannot mislead Other Users, in particular with regard to goods and/or services to appear in the section “Small ads” of the Site. Failing this, Your Content will be removed according to the conditions defined in the Notice Report content and/or your account will be deactivated without prior notice. Moreover, you will personally incur civil and/or penal sanctions specific to the litigious content (prison terms and/or fines and/or sentence to pay damages, publicity measures, etc.). In view of the community nature of the Site and in order to respect the sensibilities of other users, it is up to the user to maintain certain ethics as to the content placed online and in particular to abstain from distributing any content of a violent or pornographic nature. For information, each page of the Site is automatically associated to a Report content link allowing Other Users to report any abuse.
Furthermore, connection of users to other Internet sites, even through links appearing on the Site pages, is entirely their responsibility. You undertake therefore to evaluate for yourself the nature and content of these sites and to bear any risks related to consultation and/or use of the content that they offer.
7. Registration and access
In order to benefit from the features of the Site, you must create an account using the form provided to this effect. You are free at all times to modify the personal data provided on this occasion (see Notice Protection of personal data). As soon as the form is validated, you will receive an email inviting you to click on a link in order to confirm your registration. Your account can be accessed by entering your username and associated password. You will ensure this information remains confidential. Use of the Site following your registration is valid for an unspecified period. We reserve the right to end this at any time by sending an email. If the GCU and Notices are not respected, access to your personal area may be temporarily or definitively suspended immediately and without prior notice by deactivation of your account. This is without prejudice to our other rights.
8. Site availability
The Site is normally accessible continuously, apart from interruptions, programmed or not, for maintenance or cases of force majeure. As we are subject to certain obligations concerning resources, we will not be held responsible for any damages, whatever their nature, as a result of the Site not being available.
9. Proof, conservation and archiving
The computerized registers conserved in our systems in accordance with due diligence with regard to security, are considered as proof of sending of emails, registration forms, and downloading of content. Archiving of registration forms is carried out using media that can ensure faithful and durable retention as required by the legal provisions in force. If there is a divergence between our registers and documents on paper or electronic format that you possess, our computerized registers will constitute final proof.
2- PROTECTION OF PERSONAL DATA
This section illustrates Artween’s undertaking with regard to respect for your privacy and the protection of your personal data (hereafter called "Data"), collected and processed when you use the Site under the conditions fixed by the General Conditions of Use and the different Site Notices.
2. Data collected
Data collected and later processed by ourselves concerns data that you send to us voluntarily via the Site registration form and includes at least your username and a valid email address. Data collected automatically by the Site includes your IP address (the address of your computer), and excludes any other. You are informed that the Site may implement an automatic tracking procedure (cookie) that you can block, if you are not a registered user, by modifying the relevant parameters of your Internet browser.
3. Aims of processing
Data identified as being obligatory on the form is necessary in order to benefit from the features of the Site (publishing online, storage and sharing of content). Data collected automatically by the Site (using a cookie) allows us to compile statistics as to the consultation of its web pages. This information is collected for purely statistical purposes and in no case allows you to be identified.
4. Who receives the Data?
Your data will not be communicated to third parties. You are however informed that it may be divulged in accordance with laws, regulations or by virtue of a decision of a regulatory or judicial authority within its jurisdiction or even, if it should be necessary, in order that Artween may preserve its rights and interests.
5. Data security
Artween attaches great importance to the security of your Data and implements appropriate measures in order to restrict risks of loss, deterioration or unlawful use of the Data. Artween undertakes to make every effort to ensure Data security but cannot guarantee its integrity.
6. Data storage
Data is stored at the Site host identified within the Legal Notices and is kept for the duration that is strictly necessary to fulfil the aims described earlier. After this time, it will be retained for purely statistical purposes and will not be used in any other way whatsoever.
7. Your rights
You have rights concerning the communication, access and rectification of your Data that can be exercised by sending us a request via the following link email@example.com.