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Terms of use

Recitals


ARTQUID is a French Société à Responsabilité Limitée (limited liability company) with capital in the amount of 20,000 euros, registered on the Paris Trade Register under number 48970864400054, with its head office in Paris, France (hereinafter referred to as "ARTQUID").

ARTQUID publishes and operates the site www.artquid.com (hereinafter referred to as « the Site ») dedicated to bringing together sellers and purchasers of works of art, whether they be professionals or simply individuals (hereinafter collectively referred to as the “Users”).

ARTQUID allows the Users to take advantage of a wide variety of information in the art world free of charge (excluding connection costs).

ARTQUID allows Users who have signed up as Members to sell or to purchase on-line works of art presented on the Site.

ARTQUID proposes the following to Users:

- an online exhibit space sales service

Article 1 - Definitions

It is agreed among the parties hereto that the terms used within the present Terms of Use shall have the following meanings:

E-mail

electronic mail ;

Electronic signature

use of a reliable identification process guaranteeing a link with the document to which it is attached

Identifier

generally speaking means any user name associated with a password allowing the User to identify him/herself as a Member and to take advantage of the services proposed on the Site ;

Internet

different networks of servers located in various locations across the world, connected up by means of telecommunication networks and communicating with the help of a specific protocol known by the name of TCP/IP;

Services or Web Site

the infrastructure developed in accordance with IT formats currently usable on the Internet comprising data of different kinds and, in particular, text, sound, still or moving images, videos, databases and photographs, loaded on server machines with the intent that they be viewed, downloaded or used in an interactive manner by internet users as part of a free scheme or one for which a fee must be paid;

Download

operation which consists of receiving computer files through the intermediary of the Internet;

User

means any artificial or natural person who navigates on the Site;

Member

means any User who signs up of his/he own free will for the online services proposed by ARTQUID on the Site.

Article - 2. General Provisions

The present Terms of Use are applicable to all Site Users who acknowledge having read and accepted them, without limitation or qualification.

Furthermore, when a transaction is carried out online, all Members accept the Specific Terms of Use applicable to the various services proposed by ARTQUID and must have, before [enrolling / the carrying out of any transaction] clicked on the following icon beforehand: “I accept the present Terms”, which implies that the Member recognizes having read them and accepted them without limitation or qualification.

Before using any service on the Site, each Member is required to make a prior enrolment in the conditions described in greater detail in article 4.

The transactions proposed by ARTQUID on the Site are strictly reserved (i) to persons of legal age, having legal capacity under the law applicable to their personal status and under French law, to give consent to any transaction carried out on the Site, and (ii) to Members who are duly enrolled.

As a consequence, each Member recognizes having read and accepted the present Terms of Use of the Site, being at least 18 years old, and having the legal capacity necessary to give his/her consent to any transaction carried out on the Site.

ARTQUID reserves the right, without (giving) any compensation and/or notice, to suspend or to close the account of or to refuse future access to all or part of the services proposed on the Site to any Member who refuses to respect the provisions of the present Terms of Use and to pursue any possible claims against him/her.

Article 3 - Representations of the User

The User hereby represents that he/she is familiar with the Internet, its characteristics and its limits and, in particular recognizes the following:

* That data transmission over the Internet only enjoys a relatively low level of technical reliability as they circulate within heterogeneous networks with diverse technical characteristics and capabilities which are sometimes saturated at certain times of the day.

* That certain specific network may be dependent upon particular agreements and subject to access restrictions;

* That the Users of a WEB site are likely to be located in many locations around the world and that, consequently, the contents of the Site may be reproduced, performed or, generally speaking, disseminated without any limits on the location or the recipient.

* That data circulating on the Internet is not protected against possible misappropriation and therefore that the communication of passwords, confidential codes and, generally speaking, any sensitive information is done entirely at the risk of the Users.

Article 4 - Registration/Enrolment/Signing Up

In order to be able to present an online offer to purchase one of the objects proposed by one of our services or in order to take advantage of certain services reserved for Members only, all Users must have signed up as a Member of the Site.

Each User wishing to become a Member undertakes:

* To communicate to ARTQUID all the information and personal data concerning said Member which is requested on the registration form located in the “Members’ Area”,

* To furnish full and accurate information and to inform ARTQUID of any possible changes in order to permit ARTQUID to update the personal data concerning said Member.

Each User who is duly signed up as a Member shall be assigned a personal account with a number which is accessible through anonymous identification by use of a confidential user name and a password.

The Members undertake to refrain from divulging to any third party their account number, their password and their user name.

The Members are responsible for the actions taken by any third party using their account even without their knowledge.

In the event of fraudulent use of a Member’s account, user name or password, the Member undertakes to inform ARTQUID immediately thereof.

Article 5 - Intellectual and Industrial Property Rights

The Users of the Site and the Members shall refrain from downloading, reproducing, altering, modifying and/or printing the brand names, logos, texts, images, sound, photos, charts, graphs, software and, generally speaking, any information present on the Site likely to be protected as Intellectual or Industrial Property for purposes other than those that are strictly personal and private.

Any fraudulent use of the works thus protected, presented on the Site can give rise to the personal liability of the User and/or of the Member towards the holders of the rights infringed upon.

Article 6 - Contents of the Information

All the information accessible on the Site is furnished as is.

Therefore, ARTQUID cannot provide any explicit or implied guarantee and assumes no responsibility towards the Users and/or Members concerning the information presented on the Site.

The Users and the Members are solely liable for the use of the information disseminated on the Site.

ARTQUID can, in no event, be held liable due to incomplete, inaccurate, erroneous or obsolete information.

Furthermore, the Users shall refrain from disseminating all images, data, information, hypertext links, in particular of a pornographic, paedophile, racist or Nazi nature, and, generally speaking, all images, data, information or hypertext links contrary to good morals and the law.

ARTQUID can, in no way, be held liable for the dissemination on the Site of such contents by a User. Any User who does not respect this obligation is liable towards ARTQUID for damages in an amount no less than [to be filled in], without prejudice to any order in favour of ARTQUID granted by a civil or criminal court.

Likewise, ARTQUID does not control the contents of the sites to which you may be sent through the hypertexts links located on the Site so that the Users and the Members are solely liable for their use.

Article 7 - Confidentiality

7.1 Type of Information Gathered

In order to permit each Member to fully benefit from the services or to participate in a transaction, ARTQUID may gather information relative to the operating system of each Member (type of browser, operating system, Internet Protocol address and Internet domain), and personal information allowing, on the one hand, the identity of the Members and/or the contracting parties to be determined and, on the other hand, the services or purchases ordered on line to be provided (marital status, e-mail, telephone and fax number, company name, registration number on the Trade Register for companies, delivery and billing address, identifier, password).

The Members may, at any time, access their account through their password in order to consult, change or cancel it.

Furthermore, when carrying out surveys and/or competitions on the Site, ARTQUID may gather additional
personal information from Members such as their age, their income, their profession, their marital status, etc. The Members are under no obligation to respond thereto and, if they chose to do so, may do so fully or only partially and may refuse to participate in a survey or a competition.

7.2 - Use of the Information Gathered by ARTQUID

ARTQUID expressly undertakes to strictly respect the security rules provided in article 7.1 hereinafter when using the personal information gathered from the Members.

The said information may, in particular be communicated, to the seller, the purchaser, the insurer, and, generally speaking, to ARTQUID’s partners.

Article 8 - Protection of Personal Data

8.1 - Security

ARTQUID has implemented a security system in order to avoid the misappropriation, modification, alteration or less of the personal information gathered as much as is possible, as well as to protect the database registering the said information and to limit access to only those who have been approved as much as possible.

8.2 Enforcement of the French Data Protection Law

ARTQUID is committed to strictly respecting the protective provisions concerning the automated processing of personal information as prescribed by Law no. 76-17, referred to as the “Data Protection Act”

At all times each Member disposes of a right to access, to correct, to modify and/or to suppress the personal information concerning him/her.

Broadly speaking, this right of access can be exercised in the following manners:

· Either by making the necessary corrections on the page « Modify my account » page which is directly accessible by each Member via his/her confidential password,

· Or by sending a simple request by registered letter with acknowledgment of receipt to ARTQUID at its registered office.

Article 9 – Means of Payment and Securing Payment Transactions

The Members may pay for the transactions carried out in the following manners:

· By credit or debit card,
· By PayPal,
· By cheque sent to ARTQUID’s registered office,
· Or by bank transfer

When paying for a transaction by card, each member undertakes to provide the following information on the payment form:

· the type of credit or debit card (Visa, Master Card, etc.),
· the card number,
· the expiration date of the card,
· the name as it appears on the card,
· the name of the issuing bank,
· any other information necessary for payment.

The bank information gathered is used by ARTQUID solely in order to verify the validity of the card and to permit the transaction to be carried out. Please be informed that ARTQUID does not stock, in any manner whatsoever the bank details which are destroyed immediately after the transaction has been completed.

In order to ensure the security of payments carried out online, ARTQUID uses the SSL (Secure Socket Layer) security protocol which provides data encryption.

Article - 10. « Cookies »

A « cookie » is a file which is deposited on the hard drive of the computer of a Member which registers information concerning the browsing profile of the Member’s computer on our Site (the pages consulted, the date and time of the activity, etc.). It contains the information that the Member furnished to ARTQUID when enrolling on the Site so that he/she does not have to provide his/her Identifier (password and user name) during subsequent visits.

ARTQUID may put a cookie in the computer of each Member. This information may stay in the Member’s computer for one year.

Furthermore, each Member may block the use of cookies by configuring his/her browser in the following manner:

· For Microsoft Internet Explorer 6.0: select the “Tools” menu, and then «Internet Options»; click on the “Confidentiality” tab; then use the cursor to select the level desired.

· For Microsoft Internet Explorer 5: select the “Tools” menu, and then “Internet Options”; click on the “Security” tab; select “Internet” and then “Custom Level”; go to the “cookies” section and select the desired option.

· For Netscape 6.X and 7.X: select the “Edit”>“Preferences” menu; Confidentiality and Security ; Cookies.

· For Netscape Communicator 4.X: select the “Edit>Preferences” menu; click on the “Advanced”; “Cookies” section.

· For Opera 6.0: go to the menu “File”>“Preferences”; Private Life

Article 11 - Changes

ARTQUID reserves the right to change the present Terms of Use as well as the Terms of Use of the different services proposed on the Site at any time.

Duly enrolled Members shall be informed of such changes by e-mail. Furthermore, the notice of them will be published on the Site.

In the absence of a stipulation to the contrary, changes are effective immediately. However, they do not apply to contracts in progress.

Article 12 - Notices

Any communication, correspondence, or notification between the Parties may be sent in writing, on paper or electronically, in accordance with the provisions of articles 1316 et seq. of the French Civil Code, as amended by the Act of 13 March 2000 relative to the adaptation of the law of evidence to information technology and relative to electronic signatures, except for notices for which a registered postal letter with acknowledgement of receipt is expressly required.

Article 13 - Applicable Law and Attribution of Jurisdiction

All the provisions of the present Terms of Use of the Site shall be governed by French law.

The Courts of Paris shall have exclusive jurisdiction over any litigation concerning the interpretation and/or the performance of the Present Terms of Use.

 

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