Terms of Use
Terms of Use revised on 3rd of April, 2007
PREAMBLE
The Skweeb website accessible at www.skweeb.com, hereafter "the website", is edited by the firm Skweeb SARL, whose Head Office is 50 rue de l'Ambassadeur - 78700 Conflans-Sainte-Honorine (France).
The company hosting the Skweeb site and The Publishing Director of the Skweeb site are available in the legal Mentions (available on the home page of the Site at http://www.skweeb.com/).
Skweeb provides his Users a choice of online services relative to art, notably, a show of Works, sales online, news, etc. (This is hereafter called "the Service").
Skweeb provides the User its Service with the reserve that the user will respect the present Terms of Use (hereafter called "TOU"). These TOU can be accessed from the subscription form to Skweeb but also directly on the site, section "Terms of Use" on the home page of the site.
The User signs electronically his agreement to the TOU by clicking on the button "OK" and checked the box opposite the sentence "I accept without reserve all Terms of Service of the Skweeb website". This electronic signature stands without reserve for the present general utilization conditions of the forum if any. By clicking on the button "OK", the contract governing relations between Skweeb and the user is determined.
Except express disposition to the contrary, any new service or modification of service in place and produced by Skweeb is subject to the present TOU.
1/ Definitions
Member: A Member is a Visitor who has subscribed free of charge on the website, and has therefore access to certain services amongst which the Skweeb Account.
Exhibitor: An exhibitor is a Member who has subscribed to one of the paying Skweeb services to put on line information. In general the Exhibitor is an artist or a gallery. The exhibitor must have agreed the current Terms or Use and the General Sales Terms and Conditions.
Skweeb Account: The Skweeb Account is a space in the Website dedicated to Members and Exhibitors, each Member governing himself his Skweeb Account. It contains all Member personal information put on line.
User: The User of the Site is anyone using the Site and/or any of the proposed services on the Site. There are several sorts of Users: Visitors, Members and Exhibitors.
User's Contents: User's contents contains various areas where the User can leave messages, give his advise.
Visitor: Visitor is the User who has access to the Site freely.
2/ Presentation of the service
The Service is mostly made by the following services: works-of-art database, comments on works and exhibitors, sales online, hypertext links, communication supports (newsletter, flash,...).hypertext links, communication support(News letter, Flash...).
3/ Use of the website
3.1/ Acces to the Site
Anyone connected to the internet can access the website and navigate free of charge. However, some services are accessible to Members only. Other services are accessible to Exhibitors only.
3.2/ Subscription to the Service
3.2.1/ Subscription rules
A Visitor becomes a Member after he has duly and honestly filled in the subscription form, agreed to the TOU of the website and received by email from Skweeb confirmation of his subscription.
Subscription is open to everybody and to firms represented by a legal representative (especially for the Exhibitors).
Skweeb subscription form requires a minimum of necessary information to be given by the subscriber. This information will identify with certainty the visitor with his surname, first name, mail address and electronic address.
Visitor wishing to become a Member must see that his electronic address is accessible to messages sent to him by Skweeb without the latter having to go through an address validation system or any other anti-spam system. If the visitor has an anti spam system, he will have to configure that system so that messages from Skweeb (text or HTML mode) are received. In any case, Skweeb will respond to manual validation requests sent by any emailing protection system.
If some of the mandatory information are missing or deemed voluntarily erroneous (false identity, wrong address etc.), Skweeb will suppress the corresponding account.
Subscription to the Service allows members to have their own space on the Site to be managed by them. This space is hereafter called "Skweeb Account".
The Skweeb account has the Member's personal identification data (Section "My profile" on the site) and his preferences for using the website.
At the time of his subscription, each Skweeb User chose his details (ID and password). This ID is unique to the Member. It will be requested sytematically when the user exchanges with the Website for identification purposes and give him a personalized answer.
The User will pick his ID in conformity with the French law and more particularly legislation relative to respect of public order and morality. The User will choose his password. This password is personal and confidential. The User is solely responsible for the utilization of his password. The User commits to keep his password secret and not to disclose it in way.
In case of loss or forgetfulness of either password or login, Member must fill in the appropriate form which he will find on the home page of the website ("I forgot my password") where he will indicate his electronic address in order to receive his connection parameters by email from Skweeb.
In addition, certain functions being accessible to Members only, or Exhibitors only, Member is invited to identify himself with his connection parameters (ID and password) in order to receive these functions.
3.2.2/ Duration of the subscription
The User subscription is for an unlimited period of time, with no prejudice to either parties of the faculty to cancel unilaterally at any time the present contractual relations, without notice or justification, nor indemnity.
In particular, should the User violate the dispositions of the present agreement, Skweeb reserves the right to cancel the corresponding Skweeb Account without notice.
3.2.3/ The Skweeb Account
Subscription to the Service allows the Member to have his own space on the Site which he will manage himself. This space is called "Skweeb Account". The User may open as many Skweeb Accounts as he wishes, providing that he subscribes to an equal number of subscriptions, one id and one password will be allocated for each account.
The Skweeb Account includes all personal identification data of the Member (Section "Your profile" on the Site) as well as his preference for using the Site.
These personal data put online by Members who are not Exhibitors are for a non-commercial use exclusively, except agreement beforehand by Skweeb.
Non respect of this disposition will launch immediate cancellation without notice of the Account, Skweeb reserves the possibility to institute proceedings against the User.
4/ Exhibitor account
All Users subscribing agreeing the General Conditions of Sales and paying the corresponding fee may become Exposants and benefit from, among others, the following services:
- personal online information on the Annuaire Skweeb ;
- web adress for Visitors to visit their space;
- online sales for their works with guarantees and services (French residents Exhibitors only).
When an Exhibitor has more than one Skweeb account, access to services of the Skweeb Account implies the use of the specific login of that account for which the Member is an Exhibitor.
Users subscribing to the Exhibitor Account guarantee their full legal capacity to subscribe and to pay for the fee. These users can find more information in consulting General Sales Terms and Conditions.
5/ Personal data
5.1/ Law regarding EDP, files and liberties
The User agrees to respect the image and reputation of Skweeb and other Users and not to make whatever declarations and/or actions against Skweeb or the other Users. As a general rule, the User agrees not to use any action against the good functioning of the Site.
At the time of subscription, collecting personal data linked to the User will allow Skweeb to have a personalized mode of managing its Users, thus offering them the possibility to aim the needs of each User. Users recognize and fully agree that Skweeb will keep these completed forms and collected information into a file.
Skweeb engages itself to make every effort to put in place technical and organizational measures in order to protect personal data.
These data will be kept strictly confidential except User's specific authorization or in very particular circumstances notably when they are needed for identification, prosecution of anyone capable of prejudice against Skweeb or against anyone else; this means when Skweeb will be forced legally to do it.
In the case the date would be commercialized, Skweeb would protect the rights of the Users, would be opposed to any illegal demand and would take care the Users are not solicited too much from third parties.
The User declares his full knowledge of characteristics and constraints of the Internet. Notably, he reckons that his data transmitted via the Internet cannot be safe 100 percent. Skweeb will not be hold responsible for incidents that may arise from this transmittal. Therefore the User gives them under his sole and full responsibility. We can only assure that Skweeb uses all means at its disposal to guarantee a maximum of security. As a general rule, it is recommended that Users be very prudent with their personal data; to be used as you think fit, we remind you that you remain sole responsible of their communication.
By application of law N° 78-17 dated 6 January 1978 (French legislation) regarding electronic data processing, files and liberties, each member has opposition rights (article 26 of the law), access rights (articles 34 to 38 of the law) and amendment (article 36 of the law) for his personal data. Thus, he may demand that his personal inaccurate data be amended, completed, clarified, updated or cancelled if found inaccurate, incomplete, equivocal, outdated or collection, or utilization, communication or conservation of which is forbidden. By application of said law, it is reminded that all constitution of files on personal data is subject to authorization or declaration to Commission Nationale de l'Informatique et des Libertés (National Commission on Data Processing and Liberties). This declaration has been made by Skweeb on 23rd of February, 2007 under number 1220101.
These dispositions have two levels:
- regarding Members' personal data:
At all times, each Member may exercise his rights above mentioned and modify himself the contents of his personal data form, which can be accessed from the pages "Your Profile" of his panel board in his Skweeb Account.
For any information the User could delete or modify through his panel board in his Skweeb Account, the User will write a corresponding to Skweeb by e-mail.
At closing time of this contract, for evidence purposes, certain of his personal data may be preserved confidentially, for archive and possible statistic purposes, in conformity with the declaration of this file to the CNIL, for a duration fixed by Skweeb and for a maximum of duration of prescription of all civil actions as per article 2262 of the Common Law (French legislation).
- regarding personal data put on the website by Exhibitors:
Skweeb cannot guarantee their quality or veracity. However, each Member may directly and at any time, and within the offered service, modify or delete on line all or part of data he has himself supplied (for example a gallery for the part of an artist the gallery represents). Moreover, Visitors and Skweeb Members are invited to ask Skweeb / or preferably the Member owner of the data involved, by electronic mail for the amendment of inaccurate information. The Member engages himself to respect perfectly the dispositions of this law, and in particular answer quickly all modification request and to amend the personal data involved if necessary and as soon as possible, in the data he has put on the website or of which he is responsible.
If a Member refuses to modify or delete personal information relating to a third party whose request is argued and evidenced, Skweeb reserves the right to suppress purely and simply that Member's Skweeb Account and applying the corresponding rules located in the General Sales Terms and Conditions General Conditions of Sales if the Member is a Exhibitor.
5.2/ Update of personal data
The Member recognizes that he has all the necessary tools for:
- updating his own information, and in particular his mail and electronic addresses,
- modifying his subscriptions to various Skweeb communication supports (newsletters, alerts, flash, etc.),
- suppressing all or part of his Skweeb Account.
Therefore, Skweeb will not respond to mail (postal, fax or electronic) from a member asking for modification or suppression of information that he can update himself except if Skweeb and the Member have a specific agreement (specific case for an Exhibitor subscribing to the "Publishing Service").
By the same token, a Member engages himself to modify his personal data if needed in order to remain identifiable and reachable by Skweeb and by the Visitors in the case his data can be seen by Visitors (case of the Exhibitors in particular).
6/ Cookies
In order to facilitate subscription procedure and subsequent usage of the Site, let Skweeb offer personalized services and improve performance of the Site contents, and for statistic purposes, the User is informed that one or several cookies might be placed on his hard disk.
The User is informed that he may refuse it by following the procedure indicated on his browser. However, in this case, use of the website may be altered, or impossible.
7/ Conditions of usage
The User engages himself to use the Service only to visit the Site, buy or post comments.
The User engages himself not to lead visitors directly (hypertext link) indirectly to other Internet websites which would not conform to legislation applicable and to the present rule, except with express and written agreement from Skweeb (limited case of the Exhibitors as reffered in the General Sales Terms and Conditions.
Visitors forego to use the Service for commercial purposes and as a general rule to offer products and services with direct or indirect remuneration.
The User foregoes to "resell" or to give the Service to third parties and/or other Users, free of charge or not.
All commercial, promotional or sponsoring messages, rewarding the user in whatever form, are prohibited within the Service, except beforehand written agreement from Skweeb. In the absence of such agreement, Skweeb solely has the right to insert commercial messages in all pages of its Site.
At any time, Skweeb may decide to put en end to one or to all the services provided in this frame, including in Members and Exhibitors pages; a fortiori, all necessary modifications will be made with no notice and without the User having appeal towards Skweeb.
8/ User's responsibility
In order to allow a smooth technical working of the Service, some technical constraints must be observed by the Users (in particular, see section "Cookies").
Some sections allow the User to give his opinion, leave a message or post a comment (Hereafter called "Contents User"). These critics in those sections engage their author only and in no circumstances represent an official opinion or advice from Skweeb.
By sending User Contents to one of the sections of the Site, the User yields free of charge to Skweeb relative intellectual ownership rights and notably reproduction, representation, adaptation rights, on all supports and formats known and unknown to this day, for the whole world and for the legal duration for protection of copyrights.
Within this frame, the User engages himself to use the sections only for sending messages and information which are relative to each section. Thus, when the User engages himself not to (the following list is not limitative): defame, abuse, harass or threat anyone, nor violate others' rights, for example personal rights, private life rights, human dignity rights, intellectual ownership rights, copyrights, ... and as a general rule people and goods rights.
The User is solely responsible for his wordings in the User Contents and by the same token guarantees Skweeb against all appeal and/or actions that anyone could take and this because of his advice being broadcasted on the Site. The User will assume all charges and payments relative to said persons whatever the cause or the reason which would be due or claimed.
Skweeb reserves the discretionary possibility to publish User Contents on its Site, to give it up to a third party, to modify it, to adapt it or translate it in any language, to keep it online or to suppress it any time without having to inform the User beforehand.
9.1/ Hypertext links
The Site offers hypertext links for access to other websites edited and managed by third parties, notably from search results in the Skweeb database. Skweeb will not be responsible directly or indirectly in the case those outside websites would not respect the French or European legal dispositions in force, as well as consequences thereof.
As general rule, Skweeb will not be responsible directly or indirectly for teh activity of these third parties and Skweeb asks the Users to read the Terms of Use of these websites.
In particular the ads and other sites can have cookies inside. Skweeb has no control on them and has no access to the date they could contain.
9.2/ Internet characteristics
The User declares that he knows and accepts the characteristics and the limitations of the internet, notably regarding technical performance, time for feedback, answer or transfer of information, risks for interruption and more generally, risks pertinent to connection and transmission on internet, absence of protection for certain data against possible misappropriations and risks of contamination by viruses on the web.
As a consequence, under no circumstances Skweeb would be hold responsible for any harm linked directly or indirectly to any of these characteristics and/or limitations.
Connection to the Site by the User, and use of all or part of services offered on the Site is made under the full responsibility of the User.
The User must take all necessary measures in order to protect his data and/or software programs stored on his hardware equipment against all reach.
9.3/ Acces to the Site / Update of the Site
While Skweeb makes every possible effort to make its service accessible 24/7, we cannot absolutely guarantee that it will be so, and therefore cannot be held responsible for service interruptions or other failures to succeed in this our goal, therefore we must warn users that Skweeb may need to interrupt this access for any reason, notably for technical difficulties. Skweeb cannot in any way be held responsible for these interruptions, nor for any subsequent consequences to the User or any third party that may ensue as a result.
Please also be aware that Skweeb may terminate or modify these services at any time without notice. The User will not be in a position to put a claim on this subject, except a specific agreement in the case of Exhibitors.
In addition, the User declares and affirms that he or she understands the characteristics and constraints of the Internet, notably that transmissions of data and information via the Internet have only a relative technical reliability since they travel on heterogeneous networks with varying characteristics and technical capacities which may be prone to interruptions or delays in accessibility at certain times.
The User accepts that neither Skweeb nor its providers are in any way responsible for material and/or immaterial damages whether direct or indirect from the use of or the impossibility of use of the Service.
Skweeb will not be held in any way responsible for (and this list is not exhausive):
- contents of the services consulted (and as a general rule all information and/or data broadcast on the services consulted),
- the proper functioning of downloaded software programs,
- the transmission of data and/or information over the Internet,
- any profit losses, interruption of activity, loss of data or other pecuniary losses.
Additionally, any and all downloaded material obtained in whatever form when using Skweeb website and more generally the Service, is at the User's risk and peril and Skweeb will not be held responsible for damages or loss of data on the User's computer.
The User must take all appropriate measures to ensure the protection his own data and/or software programs from contamination by viruses on the Internet.
In case of prosecution of the User and/or its agents, Skweeb is not to be held responsible for the User's use or misuse of the Service.
The User is responsible towards Skweeb and/or third parties for all material and/or immaterial prejudice whether direct or indirect caused by the User and/or its agents when using the Service. In particular, Skweeb's responsibility may not be engaged in case of total or partial piracy of the website and for damages that this piracy may cause the user or a third party.
The Site features some offerings from advertisers and contains information supplied by the latter regarding their products and services. It also contains advice and information which may be incorrect, contain omissions, gaps, and/or outdated information. Skweeb cannot take any responsibility for these items and does not guarantee their accuracy nor their comprehensiveness. This information does not commit Skweeb to responsibility regarding the real or purported quality of products or services presented on the website.
Skweeb categorically denies responsibility in all cases of the use of the Service not in conformity with the present contract.
10/ Intellectual ownership and copyrights
Skweeb is the exclusive owner of all rights of intellectual ownership as much for the structure as for the contents of the Site, or has fairly acquired the rights allowing exploitation of the structure and contents of the Site, with no limitation.
Skweeb grants the User the right to use the Site and the service for his needs, excluding all lucrative utilization except ofr Exhibitors in the limitations of the General Sales Terms and Conditions.
The User who uses the Site as an Exhibitor must refer to the General Sales Terms and Conditions to know about the rights of of intellectual ownership concerning the contents he is publishing through the Service.
Under reserves granted above, it is notably forbidden to copy, reproduce, represent, modify and/or exploit, in whatever form or for any purpose, all or part of the structure and the contents of the Service and the Site.
Any download, as much as it is not clearly permitted, is strictly prohibited; any irregular download which would be ascertained could make Skweeb and/or any third party involved take appropriate sanctions, notably in case of violation of rights of intellectual ownership.
11/ Modification of the website and present conditions of use
In order to better serve the Users, Skweeb reserves the possibility to modify unilaterally and without notice the different services offered on the Site as well as the present TOU. Also, Skweeb reserves the right to cancel certain services, even cancel the Site itself. The User will not be in a position to put a claim on this subject.
Modifications thus made will be applicable immediately, once the new dispositions are available on the Site.
All registered users will be advised by email or any other means about the modifications of the Site and/or Termss of Use and will be asked to accept the terms of the new Terms of Use.
If the User does not agree the modifications, he will have to indicate to Skweeb his refusal by any means, notably by email. Consequently, he will not use the Site inasmuch as he does not accept these modifications and, in that case, Skweeb reserves the right to prevent his access to the related services. If despite his refusal, the User continues to use the modified services, these modifications will be fully opposable.
12/ "Force Majeure"
None of the two parties may be held responsible towards each other for non execution or delay in execution of one obligation of this contract which would be caused by the other party following generation of a "Force Majeure" case as usually recognized by French jurisprudence.
A case of "Force Majeure" suspends obligations generated by this contract for its whole duration. However, in case of a "Force Majeure" exceeding thirty consecutive days, either party will have right to immediate and entire cancellation fifteen days after a letter with proof of receipt will have been is sent notifying such cancellation.
13/ Various
If one or several stipulations of the present convention are invalid or due to application of the law, a rule or because of a final decision of a competent jurisdiction, other stipulations will keep their force and disposition. Parties therefore agree to replace the faulty clause by another clause which will be closer to the initial clause as far as its contents are concerned, in order to maintain a fair balance of the contract.
Present Terms Of Use are the sole and unique contract between parties. Notably, they cancel and replace any other previous agreement.
This contract is governed by French Law. In cas of any divergence between the Terms of Use written in French and their translation in any other language, the terms written in French will be applied. Any legal dispute relative to its validity, interpretation or execution and after failure of conciliation will be submitted to competent court of justice in Versailles (France).
Parties agree that Skweeb without need of sanction may modify its services or terms of the present charter, according to technical and commercial evolution of the Service.
Skweeb will inform registered users of modifications of the charter. These modifications can be found on www.skweeb.com and the registered User is required to go and see it, as he expressly accepts.
In case of legal dispute, Versailles (France) courts of justice are solely competent.
