French English

Terms and Conditions of Use for Artsetter

Date of Last Revision : June 01, 2009   
        


Welcome to ARTSETTER, a social utility that connects people interested in Arts.
ARTSETTER, service provider of an online marketplace managed by ARTSETTER Ltd (hereafter known as the ARTSETTER Platform) enables sellers (hereafter known as the Artists or the Sellers), buyers (hereafter known as the Art-lovers or the Buyers) and Works of Art (hereafter known as the Products) to be brought together. The Art-lovers and the Artists shall hereafter be known jointly as the Members. The ARTSETTER Platform enables Products to be submitted for sale directly from Seller to Buyer. The Members alone decide whether the Products are bought or sold.
The Members' acceptance of the current General Conditions of Use of the ARTSETTER platform gives mandate to ARTSETTER to bring together Art-lovers and Artists and to carry out Transactions on the ARTSETTER website according to the following clauses.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.

 

1 ACCEPTANCE OF TERMS


1.1 - Your access to and use of www.artsetter.com (‘the Website’) and any Service as described hereafter is subject exclusively to these Terms and Conditions. You will not use the Website/Service for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Service you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Service.

1.2 - We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Website. It is therefore your responsibility to regularly check the Website to determine if there have been changes to these Terms of Use and to review such changes.

 

2 ACCESS TO ARTSETTER PLATFORM

 

You are responsible for obtaining access to ARTSETTER and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access ARTSETTER.

 


3 DESCRIPTION OF SERVICE(S)

 

3.1 ARTSETTER’S OBLIGATIONS

 

a)    ARTSETTER agrees to make all Sellers offers available to all Members on the ARTSETTER Platform. To this end, the Seller entrusts ARTSETTER to make all offers of sale available to Buyers, and to open a global escrow account on his/her behalf for all transactions, through which all monetary sums must pass during the course of all transactions on the ARTSETTER Platform.  ARTSETTER agrees to resolve all claims made after the sale of a Product on the ARTSETTER Platform.
b)    ARTSETTER itself cannot trade directly within the Seller/Buyer/Product framework and cannot come into possession of any given Product.
c)    ARTSETTER cannot guarantee that the Buyer will be satisfied with the Seller’s Product, nor can ARTSETTER guarantee that the Buyer will not return the item to the Seller or that the Buyer will not terminate the sale.
d)    On completion of a transaction between a Buyer and a Seller, the Buyer will then be asked to indicate their level of satisfaction on a scale at his disposal on the Website.
e)    In cases where a Member contravenes the General Conditions of Use for the ARTSETTER Platform as they are displayed here, ARTSETTER reserves the right to withdraw the Product from sale, to suspend the Member’s account and to block all monetary sums concerned.

 

3.2 SALES TRANSACTIONS

 

a)    A sale between a Buyer and a Seller is considered complete, as soon as the Buyer has unconditionally confirmed acceptance of the Seller’s offer and that ARTSETTER has received full payment of the Transaction Price. The sale is considered to be final once ARTSETTER has acknowledged receipt of the full Transaction Price transferred by the Buyer into ARTSETTER's global escrow account; the Buyer's payment of the Product price to ARTSETTER demonstrates his/ her agreement with the said offer. The Buyer recognizes that his acceptance of the offer is done after careful consideration of the description of the Product on sale and that he or she is prepared to enter into a sales contract with the Seller, according to the conditions of the offer.
b)    ARTSETTER will notify the Buyer and Seller by email that payment of the Transaction Price has been received (hereafter known as the Notification).
c)    ARTSETTER has the sole authority to permit the Transaction price minus the Commission to be sent from the global escrow account to the Seller, once the Buyer has confirmed reception of the Product and that it matches the original offer, and is satisfied after having paid the Transaction Price.
d)    In the absence of any explicit confirmation from the Buyer or if the Buyer does not indicate that the item has not been delivered, it will be assumed that he/she is satisfied with the transaction six weeks after the original order date. 
e)    The Seller agrees in advance that the payment of the Transaction Price by ARTSETTER can be delayed if the Buyer makes a claim during ARTSETTER's verification period. This delay will be communicated to the Members.

 

3.3 MEMBER’S OBLIGATIONS

 

a)    When registering with ARTSETTER, Members will create their own personal Member name and password which must be kept strictly confidential. Once registered, the Member is then the only person permitted to access the ARTSETTER Platform using that particular Member name and password. The Member must not allow anyone else to access the ARTSETTER Platform using their Member ID. If the Member becomes aware that someone has been accessing the site in their name, they must inform ARTSETTER of this by post as soon as possible.
b)    The Member must choose a Member ID which does not violate the rights of a third party. For example, the Member must not choose a Member ID which violates the intellectual property rights, registered trademark, company name or personal family name of a third party.
c)    The Member must not create or use any account other than his own, whether that be in his name or that of a third party. For a Member to be exempt from this rule, they must specifically request express permission from ARTSETTER. The creation or use of new accounts in his/her own name or in the name of a third party without having first obtained written permission from ARTSETTER will lead to the immediate suspension of all said Member's accounts and of all the associated services.
d)    In the case of legal action between Members, parties agree to permit ARTSETTER to present all records on the ARTSETTER Platform from ARTSETTER’s servers, including all personal access codes of the Members to be admissible evidence for both parties.
e)    Any Member agrees not to put up for sale, sell, and allow to be sold or to buy, directly or indirectly, Products which go against accepted moral principles or all applicable laws and regulations.
f)    Any Member agrees not to sell and/or to buy, directly or indirectly, any illegal Products, nor to use information which he/she finds on the ARTSETTER Platform to purchase or to sell any such illegal Products. Any Member must inform ARTSETTER immediately if he/ she notices any such offer on the ARTSETTER website.

 

3.4 SELLER’S OBLIGATIONS

 

a)    To become an ArtSetter Artist and to obtain a gallery on his page a member has to apply with five original artworks for candidacy. Their portfolio is placed on the candidates’ page where they subsequently have to receive sufficient votes from fellow members to gain access to the market place of the website and become a Seller. The required number of votes to become an artist will change with regard to the number of members registered on the site. This number will always be available in the Help for Becoming an Artist Section of ArtSetter.
b)    The Seller must ensure that all sales offers are for an actual Product which is available for dispatch right away, for which he/ she holds sole ownership and has the right to sell and for which he is the sole author or represents all co-authors.
c)    The Seller must ensure that the Product description matches the actual characteristics of the Product. The Seller must provide information regarding the name of the Product, its characteristics, the Transaction Price, the Product code, its size, its weight.
d)    The Seller holds sole responsibility for informing Buyers of the main characteristics of the Product, and where necessary, for indicating the postal charges. He/ she is solely responsible for the description of the goods. The Seller agrees to carry out all required validations and verifications, and to provide all necessary clarification in a way which gives a fair and exact description of the Product and does not mislead the Buyer in any way. If the description does contain a mistake, for instance an error relating to the offer itself or to postal charges, the Seller must assume any additional costs which arise. Any complaints from the Seller to the Buyer or to ARTSETTER regarding this matter will not be upheld.
e)    After receiving the email from ARTSETTER to confirm that the Product placed on the ARTSETTER Platform has been sold, the Seller has a maximum of 3 working days to confirm or withdraw the offer. If the Seller does not reply within 3 working days, the offer will be withdrawn. In the absence of any further contact from the Seller, ARTSETTER will temporarily suspend the Seller's offers listed on the ARTSETTER Platform. If the Seller wishes to stop the suspension of his account, he shall write to ARTSETTER and clearly justifies his lack of reaction. If a Seller plans to be absent for more than 3 working days, he/ she will have to withdraw the sale of his/ her Product. It is possible for the Seller to select the option "I hibernate", which programs the offer to be placed back online when Seller comes back.
f)    Once the Product has been ordered, the Seller is in charge of securing delivery of the item through the UPS application submitted by ARTSETTER. The Seller agrees to correctly address and to properly pack the Product ands to respect all Terms of Use of this UPS service as defined here. The Seller must file the order at UPS' within 2 days of receiving the Buyer's address.
g)    When the Product is shipped to the Buyer, the Seller agrees not to send any advertisements on behalf of themselves or another in any form whatsoever (e.g. messages, brochures, leaflets, stickers, etc.) The Buyer's details must only be used to carry out the transaction and the relevant legal obligations which apply. Any further use, hiring, sale, re-sale or copies from the Seller are strictly prohibited.
h)    The Seller permits ARTSETTER to receive the Transaction Price in his/ her name and on his/ her behalf, through the secure online payments system in place on the ARTSETTER Platform or by any other system certified by ARTSETTER at a later date. To this end, the Seller permits ARTSETTER, in his/ her name and on his/ her behalf to open a global escrow account with all credited sums, with a bank chosen by ARTSETTER or any other financial establishment offering similar services.
i)    ARTSETTER may only charge the Seller a Commission for use of the ARTSETTER Platform once the offer has been accepted by a Buyer and the full payment of the Transaction Price has been received, as determined in Article 6. This Commission must still be paid in instances where the Buyer has returned the Product or where the Seller has revoked the sales offer, except in cases of error on ARTSETTER’s part. By fixing a Transaction Price, the Buyer must therefore include in it both the Commission of ARTSETTER which is 15% (FIFTEEN PER CENT) of the Transaction Price and the cost of transportation through the UPS service provided by ARTSETTER. The Commission charged to the Seller by ARTSETTER for each sale, is equal to the difference between the total amount paid by the Buyer and the amount transferred to the Seller. The Commission is payable to ARTSETTER, when the Transaction Price is paid in full.

 

3.5 BUYER’S OBLIGATIONS

 

a)    In some exceptional circumstances ARTSETTER may request to verify the Buyer’s ID for all purchases in order to prevent fraud. If the required information to verify a Member's ID is not provided, ARTSETTER reserves the right to cancel the Buyer's Transaction.
b)    The Buyer must respect all laws and regulations relating to the acquisition of goods of all types.
c)    The Buyer's letter box must be able to receive the Product as ordered on the Website.
d)    Once the Product has been received, the Buyer must confirm that it is the same Product as originally ordered. If six weeks pass from the date of purchase and no confirmation or claim is received, the transaction is considered final. The transaction is equally held to be final after the Buyer has confirmed it as such.
e)    The Buyer's evaluation must be objective and honest and must not contain anything which could be understood as an insult or slander. ARTSETTER reserves the right to remove all evaluations in breach of this rule.
f)    In the case of Non-payment due to the use of a fraudulent means of payment, ARTSETTER will transfer to the Buyer all administration costs equal to the amount of 20% of the paid amount, however, these charges may be no less than ₤50 Euros (not including VAT). The Member must ensure that ARTSETTER receives the total unpaid amount and the additional administration costs.

 

3.6 CLAIMS AND RIGHT OF WITHDRAWAL

 

a)    All claims of any kind relating to a Product must be sent to the ARTSETTER using the forms provided on the Website, or by registered post which must be signed for on delivery. The claim must give as much detail as possible, and clearly state the reasons for their dissatisfaction. Buyers who make a claim can withdraw it at any time. All withdrawals are final.
b)    The Members must act promptly to resolve the claim. They must cooperate with ARTSETTER, and send all supporting documents requested, in order to resolve the claim: They must respect the methods stated below for the resolution of claims, or those communicated to them by ARTSETTER. If these methods are not respected, the claim will not be dealt with.
c)    In cases where a claim has been made, the paid Transaction Price will be temporarily blocked by ARTSETTER on the global escrow account until the claim has been resolved. In the case of many claims being made against one sole Member, ARTSETTER also reserves the right to temporarily block said Member's activity on the Website.
d)    In case of non-delivery of the Product, the Buyer must wait a maximum of three weeks after the Notification of sale, before making a claim with ARTSETTER if the ordered Product fails to be delivered in full or in part. This does not apply in cases where the Seller has already indicated that the ordered Product has not been sent. If ARTSETTER accepts a claim for non-delivery of a Product, and there is no evidence of fraudulent activity, the Buyer may be reimbursed. If the Seller disregards the clauses regarding shipping, ARTSETTER cannot guarantee that they will be reimbursed if lost or stolen. If the Product is returned to ARTSETTER after three unsuccessful delivery attempts and no complaint is received within the four months following the Notification, the Buyer will be reimbursed in accordance with article 8.7. The Product then becomes the sole property of ARTSETTER.
e)    If a complaint is received which indicates that a Product ordered from the ARTSETTER website significantly differs from its original description, the Buyer must return the Product to Seller. The return of a Product shall only be permitted if it is the subject of a complaint, and provided the Buyer follows ARTSETTER's post-sale instructions. The Buyer must ensure that the Product has been sufficiently packed before being shipped.
f)    In cases where a Product purchased by a Buyer has been returned and ARTSETTER has approved a request for reimbursement, ARTSETTER will then reimburse the Transaction Price to Buyer and claim to Seller payment of its Commission. If Seller refuses to pay to ARTESETTER its Commission, ARTSETTER shall have the right to ban Seller from the Website.
g)    When a Product has been returned by the Buyer to ARTSETTER in accordance with the conditions set out in this section and the Transaction Price has been refunded to him as per the conditions in this section, the Buyer is then relieved of all rights relating to the Product, which is no longer his property.

 

3.7 LIABILITY

 

a)    The Seller declares and guarantees to have the right to send the allocated Product(s), that it has (they have) not in any way already been granted to, secured by, encumbered by or generally reserved for a third party, and that the transaction being carried out is unlikely to infringe the rights of a third party. By listing a Product online, the Seller testifies that he will ensure that his or her sale conforms to the legal rules.
b)    Previous to listing an offer, the Seller will verify that the terms of use allow him to sell the Product to someone else by reading the Product's license or conditions of use. The Seller guarantees and will compensate at ARTSETTER's first request, all damages sustained by ARTSETTER and all liability action carried out against ARTSETTER on the grounds of a third party’s rights being violated.
c)    In the case of fraud (counterfeit, stolen goods, illegal importation etc) ARTSETTER will report all necessary information, including names, to the relevant authorities dealing with fraud and breaches of the law.
d)    ARTSETTER cannot be held liable for any comment written by a Member online of an insulting or slanderous nature, or anything which generally goes against accepted standards.
e)    Apart from an error on their part, ARTSETTER cannot be held liable for any damages sustained by a Member: especially loss of work or loss of information. ARTSETTER cannot be held liable for any malfunction, breakdown, delay or interruption to the internet connection.
f)    Apart from error on their part, ARTSETTER’s liability shall be financially limited to the equivalent of the Transaction Price, as per the General Conditions of Use for the ARTSETTER Platform.

 

4 YOUR REGISTRATION OBLIGATIONS

 

In consideration of your use of ARTSETTER, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the ARTSETTER registration form and (b) maintain and promptly update such registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ARTSETTER has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ARTSETTER has the right to suspend or terminate your account and refuse any and all current or future use of ARTSETTER (or any portion thereof).

 

5 ELIGIBILITY

 

You must be at least 13 years of age to agree to enter into this Agreement on your own behalf and to register as a Member.

 

6 CHILD SUPERVISION

 

Notwithstanding the Eligibility rules set out above parents who wish to allow their children (regardless of age) access to and use of the Website and Services must supervise their child's access and use of the ARTSETTER Website and Services at all times. It is your responsibility to determine which Services and which material on the Website may or may not be appropriate to your child. If you do not agree to (or cannot comply with) any of these terms and conditions do not permit your child to attempt to access the ARTSETTER Website. Please always use caution when revealing personally identifiable information about your child or yourself via the ARTSETTER Website or Services.

 

7 MODIFICATION OF COMMISSION

 

ARTSETTER reserves the right to alter, to depart from or to cease offering its Services at any time, taking into account ARTSETTER's legitimate interests and reasonable consumer expectations. Such modification will be duly notified through these Terms of Use. You can then decide if you want to continue to use such Service. Your continued use of the Service after the proposed fee modification has been posted for at least one month will be considered acceptance of the proposed fee modification. The same applies if fees are raised by ARTSETTER. If ARTSETTER terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

 

8 ARTSETTER PRIVACY POLICY

 

Registration Data and certain other information about you is subject to the ARTSETTER Privacy Policy. For more information, see full ARTSETTER privacy policy at www.artsetter.com/privacy.php.

 

9 ACCEPTABLE USE

 

9.1 – You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (‘the Content’), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Website/Services you may be exposed to Content that is offensive and/or indecent. ARTSETTER or any companies associated with ARTSETTER will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
9.2 – In using the Website/Services you agree not to:
9.2.1 – use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
9.2.2 – post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
9.2.3 – post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
9.2.4 – threaten abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
9.2.5 – use any information or material in any manner that infringes any copyright, trademark patent or other proprietary right of any party;
9.2.6 – make available or upload files that contain a virus, worm, Trojan or corrupt data that may damage the operation of the computer or property of another;
9.2.7 – collect or store personal information about others, including email addresses;
9.2.8 – advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
9.2.9 – impersonate any person or entity for the purpose of misleading others;
9.2.10 – violate any applicable laws or regulations;
9.2.11 – use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;
9.2.12 – post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
9.2.13 – attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
9.3 – We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.

 

10 CONTENT POSTED

 

10.1 ARTSETTER may delete any Content that in the sole judgment of ARTSETTER violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. If at any time ARTSETTER chooses, in its sole discretion, to monitor the ARTSETTER Services and Website, ARTSETTER nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Member submitting any such Content.


10.2 You are solely responsible for the Content that you post on the ARTSETTER Website or through any of the ARTSETTER Services, and any material or information that you transmit to other Members and for your interactions with other Members. ARTSETTER does not endorse and has no control over the Content. Content does not necessarily reflect the opinions or policies of ARTSETTER. ARTSETTER makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

 

11 INDEMNITY

 

You agree to indemnify and hold ARTSETTER or companies associated with ARTSETTER harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against ARTSETTER or any companies associated with ARTSETTER by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by ARTSETTER or companies associated with ARTSETTER in consequence of your breach of these Terms and Conditions.

 

12 LIABILITY DISCLAIMER

 

12.1 ARTSETTER will not be responsible for any incorrect or inaccurate Content posted on the ARTSETTER Website or in connection with the ARTSETTER Services, whether caused by Members of the ARTSETTER Services or by any of the equipment or programming associated with or utilized in the ARTSETTER Services. Profiles created and posted by Members on the ARTSETTER Website may contain links to other websites. ARTSETTER is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by ARTSETTER. Inclusion of any linked website on the ARTSETTER Services does not imply approval or endorsement of the linked website by ARTSETTER. When you access these third-party sites, you do so at your own risk. ARTSETTER takes no responsibility for any third party advertisements which are posted on this ARTSETTER Website or through the ARTSETTER Services, nor does it take any responsibility for the goods or services provided by its advertisers. ARTSETTER is not responsible for the conduct, whether online or offline, of any Member of the Website.

12.2 In addition, ARTSETTER assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Member or Member communication. ARTSETTER is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the ARTSETTER Services or combination thereof.

 

13 CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON ARTSETTER

 

ARTSETTER does not claim ownership of Content you submit or make available for inclusion on ARTSETTER. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of ARTSETTER, you grant ARTSETTER the following world-wide, royalty free and non-exclusive license(s), as applicable:
•    With respect to Content you submit or make available for inclusion on publicly accessible areas of ARTSETTER, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on ARTSETTER. This license exists only for as long as you elect to continue to include such Content on ARTSETTER and will terminate at the time you remove or ARTSETTER removes such Content from ARTSETTER.
•    With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of ARTSETTER, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

 

14 GENERAL PRACTICES REGARDING USE AND STORAGE

 

You acknowledge that ARTSETTER may establish general practices and limits concerning use of ARTSETTER, including without limitation the maximum number of days that uploaded Content will be retained by ARTSETTER, the maximum disk space that will be allotted on the ARTSETTER servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access ARTSETTER in a given period of time. You agree that ARTSETTER has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by ARTSETTER. You acknowledge that ARTSETTER reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ARTSETTER reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

 

15 MODIFICATIONS TO SERVICE

 

ARTSETTER reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, ARTSETTER (or any part thereof) with or without notice. You agree that ARTSETTER shall not be liable to you or to any third party for any modification, suspension or discontinuance of ARTSETTER.

 

16 TERMINATION AND CANCELLATION

 

The current contract is a permanent contract. As such, it can be cancelled at any moment by ARTSETTER or by the Member and can be terminated without reason, unless a Transaction is not completed ; one party can simply inform the other of their intention to terminate the contract.
The suspension of the account only has consequences for the future. Therefore, despite the account having been suspended for whatever reason, the Member must still pay the Commission charges which were payable before the date of suspension.
You agree that ARTSETTER, in its sole discretion, may terminate your password, account (or any part thereof) or use of ARTSETTER, and remove and discard any Content within ARTSETTER, for any reason, including, without limitation, for lack of use or if ARTSETTER believes that you have violated or acted inconsistently with the letter or spirit of the TOS. ARTSETTER may also in its sole discretion and at any time discontinue providing ARTSETTER, or any part thereof, with or without notice. You agree that any termination of your access to ARTSETTER may be effected without prior notice, and acknowledge and agree that ARTSETTER may immediately deactivate or delete your account and all related information and Content in your account and/or bar any further access to such Content or ARTSETTER. Further, you agree that ARTSETTER shall not be liable to you or any third-party for any termination of your access to ARTSETTER.

 

17 PERSONAL DATAS

 

ARTSETTER's databases containing the names of its Members are collected, recorded and stored in accordance with the French Data Protection Law. Members have a legally granted right of access provided by the person responsible for the ARTSETTER Platform.

 

18 FORCE MAJEUR

 

In instances of Act of God, the liabilities of the affected party shall be suspended, in particular if the situation arises due to:
-    An act or omission by a government or the appropriate authorities
-    The blockage or failure of a telecommunication network
-    Insurrections, civil war, war, military operations, national or local state of emergency, fire, lightning, explosion, strike, flood, storm, the act of a third party.

 

19 TRADEMARK INFORMATION

 

ARTSETTER is a registered trademark of Paris. Without prior permission from ARTSETTER, you agree not to display or use in any manner, the ARTSETTER trademark.

 

20 COPYRIGHTS

 

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact the seller to resolve the issue. You can send a message to the Seller. If you are unable to resolve the issue with the Seller, please provide ARTSETTER with the following information:
1.    copy of your complete correspondence with the Seller;
2.    an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
3.    a description of the copyrighted work or other intellectual property that you claim has been infringed;
4.    a description of where the material that you claim is infringing is located on the site;
5.    your address, telephone number, and email address;
6.    a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
7.    a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Notice of copyright or other intellectual property infringement can be sent to ARTSETTER as follows:
Email: support@artsetter.com
Mail:
ARTSETTER, Inc.
Attn: Copyright Agent
23-25 rue Ferdinand Buisson,
92110 Clichy
FRANCE

 

21 GOVERNING LAW

 

These Terms and Conditions shall be governed by and construed on accordance with the law of France and you hereby submit to the exclusive jurisdiction of the Paris courts in France.

© 2010 Artsetter