Artilinki | the social network of art and creativity | multimedia portfolios | Online gallery

The present Terms of Use are an English translation of the French Terms of Use of ARTILINKI for convenience purpose only and must be considered by way of information only. The French version of the Terms of Use only has a contractual value.

 

ARTILINKI SAS (hereinafter referred as to “ARTILINKI”) is the operator of artilinki.com, which is a social network platform supplying an interactive online service by allowing the provision to individuals as professionals (hereinafter referred as to the “User”) a range of services and tools to facilitate access to cultural content, trade, looking for partners in arts and cultural and linking trade.

ARTILINKI may be contacted at the following address : 27, avenue Lacassagne – Résidence Florentine / allée 12 – 69003 LYON – FRANCE.

The services provided by ARTILINKI shall concern all the URLs including the term ARTILINKI (hereinafter referred as to “www.artilinki.com”), the ARTILINKI’s mailing services and notably the instant mailing, the personal mailing and the electronic mailing services, ARTILINKI’s music services, video and art gallery, ARTILINKI’s mobile services and any other contents, features or applications regularly proposes by ARTILINKI and that are in link with ARTILINKI’s activity (hereinafter referred as to the “Services”).

The Services are hosted in France.

The present terms of use (hereinafter referred as to the “Terms of Use”) constitute compulsory contractual provisions and define the terms and conditions by which ARTILINKI allows its Members (as this notion is defined below) to create online unique personal profiles.

Any User using and viewing any or all of the services provided by ARTILINKI on its website www.artilinki.com, is deemed to have read and accepted the Terms of Use. 

Each User is deemed to have acknowledged the following Terms of Use and to have kept a copy. As such, ARTILINKI recommends its Members to carefully read all the following Terms of Use and also print a copy and keep it. 

Each User who would not agree with the following Terms of Use, ought to, at short notice, stop all his activities on the website www.artilinki.com and renounce to use all the services provided by ARTILINKI on the website www.artilinki.com. 

The User who wants to join www.artilinki.com to become a member (hereinafter referred as to the “Member”) in order to use all the services provided by ARTILINKI on the website www.artilinki.com, ought to respect the agreed registration process, and notably agree with the Terms of Use during the registration process.

It is specified that in the following Terms of Use the User designates both Members and visitors.

 

The User acknowledges having skills and equipments (computer, software, means of telecommunications,…) needful to have access to all the services provided by the website www.artilinki.com and will assume the cost of those equipments  (costs of telecommunication…). 

The User, who wants to become a Member in order to have access to all the services provided on www.artilinki.com, must previously fill in all the information of the registration process of the website and also agree with the Terms of Use during the registration process.

The Member asserts and guarantees that :

All the registration information provided are true, accurate, complete, and updated ;

All the registration information will stay true, accurate, complete, and updated ;

Its use of the services provided by www.artilinki.com is and will not be contrary to public order, morality, laws and regulations. 

Each Member has a username and a password. The login and the password are strictly personal and confidential and shall not be disclosed or shared with third parties. 

Each Member is responsible for maintaining the confidentiality of his username and his password, and for actions, fraudulent or not, carried out under his username and password. ARTILINKI recommends Members to avoid using the services of the website from a public computer, and should it be the case to close their session before leaving. 

Each Member undertakes not to use, at any time, the account, the username or the password of another Member.

Each Member suspecting an unauthorized use of his account, username or password, or of any known or suspected breach of security involving his account, ought to, at short notice, contact ARTILINKI which will take adapted measures.

Each Member guarantees ARTILINKI against any claim in respect of actions or statements made on the site www.artilinki.com  through his personal Member’s account.

Users are sole responsible for the content published by them on or through the website www.artilinki.com as well as for any element or information transferred to another User. ARTILINKI does not control the content, these elements and such information and shall under no circumstances be held responsible for any of said contents, elements and information.

The User will not be, in the context of the use of services available on www.artilinki.com, engaged in acts of any kind of whatsoever, which would be contrary to the laws and regulations of the French Republic and/or violate public order or the rights of a third party. 

In particular, at the sole discretion of ARTILINKI and according to the following non exhaustive list, the User agrees not to use the service for purposes such as:

To use the services provided on www.artilinki.com for other purposes that a normal use, the services provided by ARTILINKI on the website www.artilinki.com, with the specification that will be considered as not belonging to a normal use any use or activity deemed disproportionate regarding to the consumption of resources commonly observed, 

To publish, transmit, spread or otherwise make available on or through www.artilinki.com , any content that might constitute, but not limited to, defamation, insults, threats, blackmail, harassment, incitement to violence, racial hatred and generally speaking to carry out crimes; of spreading false news or financial information covered by confidentiality, as well as any content intended to represent or offer for sale things and / or books, software, content prohibited by law or infringing the rights of the third parties; damage to the authority of justice; invasion of privacy, protection of personal data, or the privacy of correspondence; apology for crimes against humanity or genocide; disclosure of information covered by confidentiality or the right to privacy, or an act endangering minors particularly by the manufacture, supply, dissemination or accessibility of violent or pornographic messages, likely to violate human dignity or likely to enable the manufacture of explosives, 

To try to mislead other Users impersonating or damaging the image or the reputation of others, 

 

To falsify data, messages or documents, headers of messages or identification data information or connection or manipulate on any other kind an ID in order to disguise the origin of the transmitted content through www.artilinki.com, 

To engage in any violation of intellectual property rights (especially with regard to music, video, animations, games, software, databases, images, sounds and texts) or other proprietary rights of others, 

 

To transmit or send e-mails or instant messages to people who have not solicited them or without taking into account their rights recognized by the law, such as advertising, promotional material, chain letters or any other form unsolicited mailing, 

To knowingly upload, post, edit, spread, transmit or make available in any other way, content featuring or constituting computer viruses or any other code or computer programs created in order to disrupt, destroy, hijack or limit the functionalities or the performances of all software, computer, service or any means of electronic communications; this list is not limited, 

 

To disturb, slow down, stop or alter the normal transfer of exchanged data within the provided service on www.artilinki.com, modify or alter or commit any action causing any defect on the functionalities of the website www.artilinki.com, 

To post, indicate or spread in any kind of ways, information or contents causing any effect to decrease, disorganize, prevent the normal use of services, to disrupt and/or slow down the normal transfer of communications between the Users through services such as software, computer viruses, logic bombs, mass mailing… 

 

To post, indicate or spread in any kind of ways, information or contents incorporating links to third party sites that are illegal and/or contrary to morality,

To act unfairly towards ARTILINKI and therefore not respect and prejudice in any sort of manner the image and the notoriety of ARTILINKI as well as the website www.artilinki.com.

The User undertakes to respect the intellectual property rights of third parties.

As such, the User refrain from posting online, upload, integrate, publish, send, transmit or making available a content which could infringe any copyright, patent, trademark, trade secret or any other intellectual and/or industrial property right.

The User who suspects that his/her works and more generally his/her rights have been violated shall inform ARTILINKI in the shortest delays and ARTILINKI will therefore take any measure of its competence.

In that case, ARTILINKI reserves the right to ask the User for any complementary information, notably on the work or on the protected rights identification in order to ensure the reality of the claimed violation.

In compliance with the law No. 78-17 dated January 6th 1978 relating to data processing, data files and individual liberties, the automatic processing of personal data carried out from the website www.artilinki.com was registered with the French Data Protection Authority (CNIL), No. 122 43 86.

In compliance with the law No. 78-17 dated January 6th 1978, the User may at any time, access to his personal information stored by ARTILINKI, ask for modifications or suppressions. Thus, regarding articles 36, 39 and 40 of the law on data processing, data files and individual liberties, the User may request to change, clarify, update, delete all the inaccurate, incomplete and outdated personal information or of which the use, the communication or keeping are prohibited.

After closing the Member’s account and for evidence purpose only, personal information may be kept and confidentially stored by ARTILINKI according to the laws.  

In order to improve the quality of the service and to comply with the Users’ expectations, ARTILINKI may collect personal data on the Users, notably through the use of cookies. 

 

The User specifically grants to ARTILINKI a non-exclusive free worldwide right of use allowing ARTILINKI to copy, broadcast and publish the stored content, transmitted or posted on and by www.artilinki.com in order to guarantee the proper functioning of the site and of the Services, as well as their promotion.

To that end, the User guarantees ARTILINKI that he/she has priory obtained the rights necessary to that exploitation.

The User holder of a content posted through www.artilinki.com property right specifically authorize, by allowing online access to content on the site, its disclosure to other Users. In this context, he declares assuming all the consequences related to this disclosure.

   

THE SERVICES PROVIDED BY ARTILINKI ON THE WEBSITE WWW.ARTILINKI.COM ARE PROVIDED TO THE EXTENT OF THE TECHNICAL POSSIBILITIES. 

CONSEQUENTLY, EACH USER ACKNOWLEDGES THAT :

ARTILINKI DOES NOT GUARANTEE THAT THE WEBSITE AND THE ASSOCIATED SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR PERFORMANCE NOR DOES IT GUARANTEE THE SAFETY AND QUALITY OF THE WEBSITE, 

ARTILINKI HAS NO CONTROL OR SUPERVISION ON THE EXCHANGED CONTENTS AND ONLINE CONTENTS AND CANNOT BE HELD RESPONSIBLE AS SUCH, 

ARTILINKI HAS NO CONTROL ON EACH MEMBER’S SPACES AND EACH USER OF THESE SPACES IS FREE TO ADD, MODIFY OR DELETE ANY DISPLAYED INFORMATION, AS A RESULT OF WHICH ARTILINKI CAN NOT UNDER ANY CIRCUMSTANCES BE HELD RESPONSIBLE FOR THE DELETION OF DATA BY AN USER OR ANY OTHER ACT OF AN USER WITHIN A MEMBER’S SPACE, 

ARTILINKI CANNOT BE LIABLE FOR ANY LOSS OF PERSONAL DATA, AS WELL AS FOR ANY IRREGULAR OR NON-AUTHORIZED USE OF STORED AND DISCLOSED CONTENTS THROUGH THE SITE,

ARTILINKI MAY TERMINATE OR MODIFY THE CHARACTERISTICS OF ITS SERVICES AT ANY TIME AND WITHOUT NOTICE.

GENERALLY SPEAKING, ARTILINKI DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULT REGARDING THE USE OF THE WEBSITE WWW.ARTILINKI.COM AS WELL AS ALL THE INHERENT RISKS ON INTERNET AND NETWORKS REGARDING THE CONFIDENTIALITY OF THE EXCHANGED DATA.

 

ARTILINKI does not assure a personalized assistance under a customer service. 

We invite you, should you face any difficulties, to refer to the help sections on the site www.artilinki.com.

The website www.artilinki.com may contain links to websites which are not managed by ARTILINKI and on which ARTILINKI does not have any control. 

ARTILINKI is not responsible for the content posted on these sites neither the content these sites can be linked to. 

These hypertext links to these websites does not mean that ARTILINKI approves in any kind of ways the content of these sites.

ARTILINKI is not responsible for any modification or updated information on these sites. 

ARTILINKI is neither responsible for the transfer of information from these sites, nor the malfunctions. 

The links to the website are only offered to the Users for their comfort. The Users are solely responsible for their interactions or transfers with third party sites as well as the partners on the website www.artilinki.com including all the operations related to the delivery and payment terms of goods and services.

  

ARTILINKI reserves the right, at its sole discretion, to refuse to publish or delete any posted contents on the site www.artilinki.com as well as limit, suspend and/or terminate the User’s access to all or part of the Services, at any time and notably in the case the User infringes the obligations such as described in these Terms of Use.

The User will indemnify and will hold ARTILINKI harmless from responsibility in case of loss, responsibility, claim or demand (including but not limiting, lawyers’ reasonable fees), submitted by or from any third party because of the Services use by the User in violation of the present Terms of Use.

In case of illegal or non-authorized Services use, ARTLINKI reserves the right to bring any adapted action and notably to report the infringement to the judicial and/or police authorities.

ARTILINKI reserves the right, in its sole discretion, to modify or stop the free offer of the Services, at any time, taking into account the legitimate interests and reasonable Users’ expectations

Each Member of www.artilinki.com will be notified by email of any transition to charging one or all of the Services or of any modification of the Services fees. 

This notification will also be an opportunity to continue or not to use the concerned Service. 

The effective use of the service at least one (1) month after this notification will entail the acceptation of these new fees. 

 

Each User can terminate his account at any time subject respecting a 30 days prior notice starting from the receipt, by ARTILINKI, of an email with acknowledgement of receipt or a letter with acknowledgement of receipt requesting clearly the intention to terminate.

This termination will automatically entail the inaccessibility for third parties to all the stored content on the website www.artilinki.com.   

In case of breach by the Member of the present Terms of Use, ARTILINKI reserves the right, without a prior notice, to immediately disable or delete the account, without prior notice, which automatically entails the termination of Member’s account without any indemnification for any Services subscription, free or paid.

Finally, if the User does not use the account within 365 consecutive days, it could be terminated by ARTILINKI. 

In case of termination by the Member or by ARTILINKI, the Terms of Use will remain in full force and notably the provisions related to the confidentiality and to the intellectual and/or industrial property.

The Terms of Use may be modified by ARTILINKI, at any time, notably in the case of technical evolutions, legal or while making available new services. 

The User has to regularly check the following Terms of Use and accepts to stop the use of the service if he does not agree with those. 

The use of the website www.artilinki.com implies the agreement by the User, of all the stipulations described by the following Terms of Use as well as all the modifications that might bring ARTILINKI.

If any provision of the present Terms of Use is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of the present Terms of Use, which shall remain in full force and effect and the User and/or ARTILINKI will proceed without any delay to the necessary modifications.

No waiver of any of the provisions of the present Terms of Use or of the breach thereof will establish a precedent for any other instance or with respect to any other provision.

THESE TERMS OF USE ARE GOVERNED BY AND CONSTRUED WITH THE LAW AND LANGUAGE OF FRENCH REPUBLIC. 

THE USER AGREES THAT ANY SORT OF DISPUTE OR CLAIM THAT MIGHT ARISE BETWEEN THE USER AND ARTILINKI WILL BE BROUGHT TO THE FRENCH REPUBLIC COURTS. 

In the event of disputes or claims from the User, ARTILINKI or a Third Party, relating to the use of the site www.artilinki.com, only these above Terms of Use written on the site www.artilinki.com will be in force between the parties whatever the dates of these disputed facts.

If there is no amicable solution in the delay of one month as from the first notification concerning the dispute, any disputes that may arise between the User and ARTILINKI with regard to creation, carry out, interpretation, or termination of the present Terms of Use will be within the exclusive jurisdiction of the courts of the jurisdiction of LYON's court of appeals, including any summary judgment, petition or multiple respondents.

I HAVE READ THE PRESENT TERMS OF USE AND I ACCEPT ALL THE HEREINABOVE MENTIONED PROVISIONS.