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Terms of Use

Last modification date : Nov 18, 2017

Artmajeur SARL ( "Artmajeur", "we" or "our" ) provides a service for the sale and purchase original works of art and commercially exploit digital images of works of art ( "our services" ) on our website, accessible www.artmajeur.com (" Site "). Please carefully read the following terms and conditions ( "Terms" ) and our Privacy Policy, which can be found at https://www.artmajeur.com/en/help and which is incorporated by reference Terms. These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and Artmajeur.

Certain areas of the Site and your access to certain services may have terms and conditions posted or may require you to agree to the terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of ​​the site or specific services, the latest terms and conditions take precedence over the use of or access to this area of ​​the Site or services.

YOU AGREE THAT BY ACCESS TO OR USE OF THE SITE OR SERVICES OR SALE OR PURCHASE OF A WORKING ON OR THROUGH THE SITE OR SERVICES OR By posting any Content to the Site, you indicate that you have read, understood and agree to BE bound by these terms, EVEN IF YOU ARE NOT REGISTERED ON THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR THE SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these conditions and, in this case, "you" and "your "will refer and apply to that company or other legal entity.

Change

Artmajeur reserves the right, in its sole discretion, to modify, suspend or terminate the Site or Services or to modify these Terms at any time without notice. If we change these conditions, we will post the changes on the site and you will be notified. We will also update the "Last updated." By continuing to access or use the Site or the Services after we have posted a modification on the site, or that we have notified you of a change, you indicate that you agree to be bound by the revised Terms. If the changed conditions are not acceptable to you, your sole remedy is to discontinue using the Site and Services.

Eligibility

The Site and Services are intended solely for persons who are 18 years or older. Any access or use of the Site or the Services by anyone under 18 is expressly prohibited. By accessing or using the Site or the Services, you represent and warrant that you are 18 years or older.

Registration

To list a job on the site, interact with members of the site or to make a purchase through the Site, you must first create an account ( "Account" ) by completing our registration process. During the registration process, you must provide certain information, choose a user name and password. At the end of our registration process, you will become a "member" . You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Artmajeur reserves the right to suspend or terminate your account if the information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, if you have authorized such activities or actions. You must immediately notify Artmajeur of any unauthorized use of your account.

Privacy

See the Privacy Policy Artmajeur at https://www.artmajeur.com/en/privacy for information and advice on the collection and use of your personal information at Artmajeur.

Terms & Conditions (for sellers)

Post artworks on the site

As a member, you can submit original works of art ( "Original Works of art" ) that you created and you want to show and / or sell through the Site and Services. You can only submit artwork which you are the copyright or you have the mandate or the rights of sale. As a member, you can also provide digital images of works of art ( "Digital Works" ) that you created and you would like to commercially exploit through the Site and Services. You can only submit digital work you are the author, or you have the mandate or the rights of sale. For your ads to be accepted, you must provide all information requested Artmajeur on the insert page works and you must comply with all other requirements Artmajeur listed on this page. Without limiting the generality of the foregoing, if you offer listings for sale, you may be asked to verify your identity by providing separately Artmajeur a copy of an official identity document issued or similar document. Your ads must be accurate and complete and comply with the directives in force concerning Artmajeur content guidelines, which are available at https://www.artmajeur.com/en/help . Artmajeur reserves the right to change the ads to ensure they comply with these guidelines. You agree that your ads may not be immediately searchable by keyword or category for several hours (or up to 48 hours in some cases). The placement of your ads in the search section and search results can be based on factors that include, without limitation: title, keywords, description, category or price.

You agree that Artmajeur reserves the right to promote and sell original works of art and / or digital works through the use of promotions and / or discounts. The proceeds from the sale or discount will apply to the price list of original works of art and / or printed materials (defined below) for digital works. You always have the right to remove an ad for Original Works of Art or Digital Works site - please see the instructions below.

If you want to remove an ad for an original work of art or Digital Work on the site, you need access to your account, click on the image you want to delete and click Delete. Follow the steps on this page.

Artworks Responsibility

You acknowledge and agree that you are solely responsible for all original works of art and Digital Works that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) for original works of art that you make available through the Site and Services, you are the creator or have the authority to sell, and you are or represent the sole owner of all original works of art that you offer; (Ii) for digital work that you make available through the Site and Services, you are either the sole owner of all these digital works or if you have all rights, licenses, consents and releases that are necessary Artmajeur to grant rights to these digital works contemplated under these Terms; and (iii) neither the original artwork or digital work that you make available through the Site and Services or the use and operation of Artmajeur thereof, as provided herein Conditions shall affect, divert or violate any patent, copyright, trademark, trade secret or other intellectual property rights of a third party or rights of publicity or privacy, or violate applicable laws and regulations.

Online sale

Artmajeur offers a direct linking of sellers and buyers. As a seller, you are solely responsible for the transaction and all the consequences of the transaction, both direct and indirect. It is your responsibility to inform the customer about the methods of payment you accept, fees and delivery times, any return policy, in accordance with the legislation.

If you offer listings for Digital Works, you allow members and other third parties to buy reproductions of works of art of digital works (collectively, the "books in print") through our printing service , which is described in https://www.artmajeur.com/en/help .

If you offer listings for Digital Works, you grant Artmajeur a worldwide, transferable, non-exclusive license, with the right to sublicense, to (i) use, modify (if applicable in the context of manufacturing and the distribution of printed works), reproduce, distribute, publicly perform and display digital works within the manufacturing, distribution and sale of printing work to members and other third parties via online sales and other offline channels ("Sales Offline") and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit copies of digital works distribution under any form, media or technology now known or later developed, in order to promote the sale of digital works and / or Artmajeur, the Site and the Services. You acknowledge and agree that the license fees above are granted on a royalty free basis and that your sole compensation for the grant of such license fees, if any, will be in the form of the Part of the Artist (defined below), which is payable only on the sale of a digital work via sales channels online and offline. Artmajeur may appoint one or more subcontractors, who may exercise the license above in order to allow Artmajeur process and fulfill orders of printed works.

Between you and Artmajeur, Artmajeur be considered the seller of all original artwork and printed works that are purchased through sales channels online. If an original work of art and / or printed work is sold through a third party site, the terms and conditions of third party web site apply to the purchaser for the purchase in question. However, between you and Artmajeur only these conditions apply to the sale of this original artwork and / or printed work.

Artmajeur and / or its third party service providers will be responsible for collecting billing data, shipping to the buyer and payment processing these purchases through the Site and Services. For purchases made through third party websites and offline sales, the third party website or partner Offline Sale of Artmajeur will be responsible for the collection of billing information and shipping including details of buyer, as well as collect payment and deliver Artmajeur this information and payment applicable to the sale as agreed between Artmajeur and third party site or partner of Artmajeur Offline Sales.

For sales of original works through sales channels online art Artmajeur credit your account the amount of the Artist Part accordance with standard pricing and conditions in force Artmajeur commissions, details of which are available to https://www.artmajeur.com/en/help (the "Share Artist"); for sales of original works of art through the Site and Services, and subject to receipt of Artmajeur confirmation of delivery to the purchaser, Artmajeur credit your account with the amount of the Part artist upon the expiration of the return period. For sales of original art made ​​through third party websites, Artmajeur credit your account with the amount of the Artist Part as soon as payment has been received from third partner, and Artmajeur be seen to its sole discretion, that the work has been delivered successfully.

You agree to comply with the conditions of the return policy in effect on Artmajeur available https://www.artmajeur.com/en/help that apply to all original works of art which are sold through Site and Services.

For sales of printed via online sales and offline sales works Artmajeur credit your account on Print Service section under the terms of pricing and commissions into force available at https://www.artmajeur.com/en/help .

You can ask Artmajeur paying your Part Artist accordance with payment schedule Artmajeur. Upon termination of these Terms or the cancellation of your account, you will be given all Artmajeur the balance of your Part Artist available in your account, if any.

If you delete an ad for a digital work on the Site, the license rights granted by you to Artmajeur manufacture, distribution and sale of printed works in respect of such Digital Works will end after the date on which the This ad is removed, however, the license will survive and remain in force as long as necessary for Artmajeur and its subcontractors to fulfill all outstanding orders for these printed works and any order of the printed books accepted by Artmajeur or its third party subcontractors or business partners online through third party sites and offline business partners before or after the effective date of termination. In addition, you acknowledge and agree that the license granted by you Artmajeur regarding the use of these Digital Works to promote the sale of artwork and / or Artmajeur, the Site and the Services shall in full force and effect as long as necessary for qu'ARTMAJEUR to fulfill all its obligations during that require the use of digital works for promotional purposes.

Terms & Conditions (for Buyers)

Return period

ARTMAJEUR recommands a 7 days return period, allowing to send the artwork back if you are not entirely satisfied. After sending back the artwork at your own expenses, in perfect conditions, and in its original packaging, you will be fully refunded (Shipping back fees will NOT be refunded).

In case the transaction is cancelled because your address is incorrect, or because you have refused the parcel on delivery, ALL INCURING SHIPPING COSTS will be billed to you.

Purchase Original Works of Art

As a member, you can purchase an original artwork that is offered by other members on the site.     When you buy such an original work of art through the Site and the Services, you buy the work directly from the member identified on the artwork page.     The prices of the original works of art are indicated on the corresponding pages. You acknowledge that the prices do not include shipping and handling charges or applicable taxes (as defined below), if any, for which you are responsible and which will be identified separately on your invoice. ARTMAJEUR and / or its third party service providers will be required to collect your billing and shipping information to process your payment. The member identified on the original artwork page will ship the work directly to you.          The terms and conditions of ARTMAJEUR as well as the Return Policy apply to all original works of art that you purchase through the Site and the Services.     When purchasing original works of art online (other than through the Site and the Services), these purchases will be subject to the terms and conditions applicable to these online sales channels that will be presented to you at the time of purchase.

Purchases Prints

As a member, you can buy printed works that are proposed by other members on the site. The price of the work are shown on the corresponding pages. You acknowledge that the prices do not include shipping and handling or applicable taxes (defined below), if any, for which you are responsible and will be identified separately on your invoice. When you buy printed through the site and services Artmajeur and its third party service providers works will collect your billing information and shipping, collect your payment and send you directly print your work. The terms and conditions Artmajeur and Return Policy in effect apply to all print jobs that you purchase through the Site and Services. When you buy online printed works (other than via the Website and the Services) and offline, such purchases will be subject to the terms and conditions applicable to these sales channels online that will be presented at time of purchase.

Order cancellation

Artmajeur reserves the right to cancel any order for an original work of art or printed work contracted through the Site and Services if Artmajeur determines, in its sole discretion that the item is misjudged, out of stock, discontinued or is not available to the shown on the Site and Services price. If Artmajeur cancel an order placed through the Site and Services Artmajeur send you an email confirmation of the cancellation and you will not be charged for your order.

Conditions for both sellers and buyers

Sales outside Artmajeur

Members who sell original works of art on the Site and Services provide a mandate non-exclusive reseller Artmajeur. To draw the works are likely to be sold outside Artmajeur. You understand and agree that any transaction outside of the Site and Services is done at your own risk and peril: it is not covered by any warranty as defined in these terms, or for the payment, or on the return policy by Artmajeur. You understand and agree that Artmajeur not propose any help, advice, legal assistance or support of any kind regarding payment, delivery or problems that may occur as the result of a transaction outside the scope of the Site and Services. Certificates of sale are offered only when a sale through Artmajeur. You understand and agree that Artmajeur can not provide any evidence or certificate of sale for a transaction outside of the Site and Services, even if such work is present on Artmajeur.

Restriction of transaction

If you are a member and you offer an original work of art for sale and you have been contacted through the Site or the Services by another member about purchasing this original work of art, you agree to not to sell the original art to this person outside of the Site and Services. Similarly, if you are a member and wish to purchase an original work of art given by another member on Artmajeur you can not buy this original work of art outside of the Site and Services.

Taxes

All prices, fees, charges and other amounts specified in these Conditions, including prices, fees and expenses set out on the website, are expressed in the currency indicated with the price. They do not include any discounts, promotions, value added tax (" VAT ) or other taxes and customs duties or similar taxes that may be prepared by any governmental taxing authority or are otherwise payable under the law applicable in respect of the purchase, sales operations and license listed below (collectively, the "Taxes" ). If you're a seller Artworks original and / or printed works, you understand and agree that Artmajeur collect taxes and taxes required to be withheld on payments received. If you are a seller of original works and / or printed works of art, you understand and agree that Artmajeur collect taxes & fees that must be withheld from payments received.

If you're an original and / or printed works of art works, you understand that Artmajeur add taxes on amounts billed as a separate charge when necessary. Each party shall be responsible for compliance with all obligations imposed under the applicable law regarding the collection and payment of taxes. Each party agrees to cooperate with the other party and the other party to provide the necessary documents or information required by applicable law to enable the other party to comply with its obligations or exercise rights of permetant minimize, if not exempted from these obligations.

Colors

You understand and agree that Artmajeur makes commercially reasonable efforts to display the colors of the original artwork, digital works and printed works, with the greatest possible precision on the Site and the Services. However, because of the known hardware differences, computer monitors may display colors very differently. Artmajeur is not responsible for the accuracy of color original artwork, digital artwork, or print jobs posted on the Site and Services, and disclaims any liability in this regard.

Suggestions & Feedback

We welcome with interest all the reviews, comments and suggestions for improving the Site and Services ( "Suggestion" ). You can submit your suggestions to https://www.artmajeur.com/en/contact-us . You acknowledge and agree that all suggestions thus transmitted shall be the exclusive property and you assign Artmajeur Artmajeur irrevocably and agree to irrevocably assign to Artmajeur all rights, title and interest in these suggestions, including without limitation any patent rights , copyrights, trade secret rights, and other intellectual property rights or similar worldwide.

UGC (members content)

In addition to presenting advertisements for original art and digital work Artmajeur may, in its sole discretion, designate areas of the Site where members can post, upload, post or submit text, graphics, audio, video images of works of art or other content on the Site (individually or collectively, "Member Content" ). The concept of "Member Content" excludes all images of original works of art or have been offered for sale digital images, as described under "Conditions seller" above. Artmajeur claims no ownership of the content of members and nothing in these Terms shall be construed as limiting the right of a Member may have to use and exploit such content. By providing any Content on or through the Member Site and the Services, (i) you grant Artmajeur a worldwide, transferable, non-exclusive, royalty-free, no commission, to crop, resize, publicly display, publicly perform, distribute, and transmit such Content on or through the Site and the Services, in any form, media or technology now known or later developed, for the purpose of promoting the sale of artwork and / or Artmajeur, the Site and the Services, and (ii) you grant directly to other members the right and license to display and view your Member Content on or through the Site and Services, in the context of use as Authorized Site and Services member. You retain all other rights and licenses, on all Member Content that you make available on or through the Site and Services.

You acknowledge and agree that you are solely responsible for Member Content that you make available on or through the Site. You represent and warrant that: (i) you are the sole owner of all Member Content that you make available on the Site or that you have all rights, licenses, consents and waivers that are required to make available such Member Content and to grant all rights and licenses in the Content as granted under these Terms; and (ii) neither the Member Content nor your decision to make it available Member Content on the Site or any use of any content of members as permitted by these Terms shall not break, divert or infringe the patents, copyrights, trademarks, trade secrets, moral rights of a third party or other intellectual property rights or rights of publicity or privacy, or result in violation of any applicable law or regulation.

Artmajeur content

Artmajeur may also make available on the Site and the services of text, graphics, audio, video and images of works of art (collectively, "Content Artmajeur" ), part of which is owned by Artmajeur ( "Content property of Artmajeur " ), and part of which is provided under license by a third party ( "Content Artmajeur licensed" ). Artmajeur allows you to download, view and print the Content property Artmajeur solely for your personal use when you visit the site and if you are a member, in connection with the exercise of the rights granted to members under these Conditions . Content for Artmajeur licensed, the scope of your right to it will be limited only to the applicable license agreement governing the use of such content, as indicated on the website page where the content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights to any Content Artmajeur under license. No right or license is granted to you by implication or otherwise under intellectual property rights owned or controlled by Artmajeur or its licensors, except for the licenses and rights expressly granted in these conditions.

General Prohibitions

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party patent, copyright , trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy; (Ii) violates, or encourages conduct that would violate any applicable law or regulation or give rise to civil liability; (Iii) is fraudulent, false, misleading or deceptive; (Iv) is defamatory, obscene, pornographic, vulgar or offensive; (V) promotes discrimination, bigotry, racism, hatred, harassment or violence against a person or group; (Vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (Vii) harms minors in any way; or (viii) promotes illegal activities or substances or harmful.
  • Use, display, create a clone or mirror, or place in a frame the Site or any individual element in the site name Artmajeur any Artmajeur brand, logo or other proprietary information, or the layout and design any page or form contained on a page without the express written consent and authorization Artmajeur;
  • Enter, alter, or use non-public areas of the Site, computer systems Artmajeur or the technical delivery systems providers Artmajeur;
  • Attempting to probe, scan or test the vulnerability of computer system or network Artmajeur or violate the security measures or authentication;
  • Avoid, bypass, remove, deactivate, alter, decrypt or otherwise circumvent the technical measures implemented by Artmajeur or a Artmajeur providers or any other third party (including another user) to protect the Site, Services, content Artmajeur or Member Content;
  • Attempt to enter or search the site, services, content or Artmajeur Member Content or download the artistic content or content Artmajeur members of the site or services through the use of any engine, software, tool, agent , device or mechanism (including spiders, crawlers, robots, exploration and collection of data or other tools) other than the software and / or search agents provided by Artmajeur or other generally available on web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or any other form of solicitation;
  • Use any meta tags or any other hidden text or metadata using Artmajeur brand, logo URL or product name without the express written permission of Artmajeur;
  • Use the Site, services, content or Content Artmajeur members for commercial purposes or for the benefit of a third party in any manner not permitted by these Terms;
  • Forge any packet header TCP / IP or any part of the header in any email or newsgroup, or how to use the site or the services, content or Artmajeur Member Content to send misleading information or false including identification of sources has been changed;
  • Attempt to decipher, decompile, disassemble or reverse engineer any software used to provide the Site, services, content or Artmajeur Member Content;
  • Interfere with or attempt to interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, the Flood, spamming or mailbombing;
  • Collect or store identifiable from the Site or Services from other users of the Site or Services without their express permission personal information;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or permit any other person to do any of the foregoing.

Artmajeur have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Artmajeur may involve and cooperate with law enforcement authorities in prosecuting users who violate these conditions. You acknowledge that Artmajeur has no obligation to monitor your access to or use of the Site or the Services or remove any content of members, but has the right to do so in order to operate the site and services, to ensure compliance with these Terms, or to comply with the law of the order or requirement of a court, administrative agency or other governmental agency. Artmajeur reserves the right at any time and without notice, to remove or disable access to any content that member listings of original works of art or digital works, artistic contents Artmajeur or other text, graphics, images, software, music, audio, video, information or other content or material Artmajeur, in its sole discretion, considers to be unacceptable, in violation of these Terms or otherwise harmful to the Site or Services.

Contests and games

Artmajeur can organize sweepstakes, contests and similar promotions (collectively, the "Contest" ) through the Site and Services. You should carefully read the rules (for example, "Official Rules" ) of each competition in which you participate through the Site and services, as they may contain important information about the rights and property Artmajeur comments you make in the context of the Contest and the result of your participation in these promotions. Insofar as the terms and conditions of any settlement entretait conflict with these terms, the terms and conditions of these Official Rules will be given priority.

Properties

The Site, Services and Content are protected by Artmajeur copyright, trademark and other laws in France and around the world. Except as expressly stated in these Terms, Artmajeur and its licensors retain exclusive ownership of all rights, title and interest in the site, services and content Artmajeur and printed works, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other rights notices included property or accompanying the Site, Services or Content Artmajeur.

Copyright Policy

Artmajeur respects copyright and expects its users to do the same. Artmajeur policy is to end in the appropriate accounts of members or other account holders who repeatedly infringe or are suspected of suffering from repeated rights of copyright holders so circumstances. For more information, please consult the policy concerning Artmajeur copyright https://www.artmajeur.com/en/help .

Connections

The Site may contain links to third party websites or resources. You acknowledge and agree that Artmajeur is not responsible for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such sites or resources. Links to such websites or resources do not imply any endorsement by Artmajeur of such websites or resources or the content, products or services available from such sites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of such websites or resources.

Termination and Account Cancellation

If you do not meet these conditions, Artmajeur has the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without notice. Artmajeur reserves the right to revoke your access to and use of the Site, Services, Content and content Artmajeur members at any time, with or without cause. In case Artmajeur will cancel your account for breach of these conditions, you will remain liable for all amounts due under these conditions. You can cancel your account at any time by sending a request to https://www.artmajeur.com/en/contact-us .

Warnings

THE SITE, THE SERVICES, THE CONTENT AND THE CONTENT Artmajeur MEMBERS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SPECIFICALLY DISCLAIMS ANY Artmajeur WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Artmajeur MAKES NO WARRANTY THAT THE SITE, THE SERVICES, THE CONTENT AND THE CONTENT Artmajeur MEMBERS will meet your requirements or be available on an uninterrupted, SECURE OR ERROR FREE. Artmajeur MAKES NO WARRANTY AS TO THE QUALITY OF WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR THE SERVICES OR THE ACCURACY, TIMELINESS, veracity, completeness or reliability GOT ALL CONTENT ON THE SITE OR SERVICES.

NO ADVICE OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY Artmajeur OR THE SITE OR SERVICES MAY NOT MAKE ANY WARRANTY NOT EXPRESSLY quelquonque MENTIONEE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR DECIDE TO INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY STATED IN THESE TERMS, DO FILTER Artmajeur NOR MADE OF INQUIRY INTO THE MEMBER OR VERIFY THE IDENTITY OF OTHER USERS OF THE SITE OR SERVICES. Artmajeur MAKES NO REPRESENTATION OR MAKE ANY WARRANTY AS TO THE CONDUCT OF USERS ON THE SITE OR THE SERVICES. YOU AGREE TO TAKE PRECAUTIONS IN ALL RESONNABLES COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES THAT WILL INTERACT WITH A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Allowance

You agree to defend, indemnify and hold Artmajeur, its officers, directors, employees and agents, from and against all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees in connection with your access to or use of the Site, Services, Content or Artmajeur Member Content, or your violation of these Terms.

Disclaimer

You acknowledge and agree that, to the extent permitted by law, all risks arising out of your access to and use of the Site, Services, Content or Artmajeur Member Content is your sole responsibility. Neither Artmajeur nor any other party involved in creating, producing or delivering the Site, Services, Content or Content Artmajeur members will be responsible for any damages or consequential damages, incidental, special, including loss of profits, loss of data or loss of reputation, service interruption, damage to the computer or system failure or the cost of replacement goods or services, or damages for personal injury or bodily harm or emotional distress resulting of or relating to these Terms or the use or inability to use the Site, Services, Content or Artmajeur Member Content or any communication, interaction or meetings with other Members or users of the Site or the Services or other persons with whom you communicate or interact as a result of your use of the Site or the Services, whether based on warranty, contract, tort (including negligence) , product liability or any other legal theory, that Artmajeur have been informed or not the possibility of such damages, even if a limited recourse under these conditions appears guilty of having failed in its essential purpose.

In no event shall the aggregate liability of Artmajeur arising from or in connection with these Terms or the use or inability to use the Site, Services, Content or Content Artmajeur members may not exceed: (i) if you are a member who has sold original art or digital works or has received an Artist Share Artmajeur from the sale of printed works, the total amount paid or credited to your account by Artmajeur for selling your works of original art and / or sale of printing, or on the basis of your digital work license during the period of three (3) months preceding the date of an action for damages filed on the basis of these Terms; and (ii) if you are a member who has purchased original artwork or printed work, the total payments you have made to Artmajeur for original works of art and / or printed works that are the subject a claim. The limitations of liability set forth above are fundamental elements of the basis of negotiations between Artmajeur and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to your situation.

Notice of property rights

All trademarks, service marks, logos, trade names and other proprietary designations of Artmajeur used herein are trademarks or registered trademarks of Artmajeur. All other trademarks, service marks, logos, trade names and other proprietary designations are trademarks or registered trademarks of their respective parties.

Governing Law and Jurisdiction

These Terms and any action related to these terms shall be governed by French law, without regard to conflicts of laws provisions. The exclusive jurisdiction for any action with respect to the subject of these Terms will be French courts Montpellier and each party hereby waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These conditions constitute the entire and exclusive agreement between Artmajeur and you regarding the Site and the Services and these Terms supersede any and all agreements or agreements between Artmajeur and you regarding the Site and or services prior written oral.

Assignment

You may not assign or transfer these conditions, by operation of law or otherwise, without the prior written consent of Artmajeur. Any attempt by you to assign or transfer these conditions without such consent shall be null and void. Artmajeur may assign or transfer these conditions, in its sole discretion, without restriction. Subject to the foregoing, these conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notice

Any notice or other communications permitted or required hereunder, including those regarding changes to these terms will be in writing and given: (i) by Artmajeur email (in each case, to the email address you provide) or (ii) by posting a notice on the site. For notifications by e-mail, the date of receipt shall be deemed the date on which such notice is transmitted.

You are responsible for regularly reviewing these to ensure that you are always in agreement, understand, and accept all the terms in force.

General

The failure of Artmajeur enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. The waiver of such right or provision will be effective only if in writing and signed by a duly authorized representative of Artmajeur. Except as expressly provided in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms is invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the other Terms will remain in full force and effect.

Contact Artmajeur

If you have any questions about these Terms, please contact Artmajeur :