Terms of service

General conditions of use of the services offered by Artfolio

Between LEATI, a private limited company with capital of 321,000 €, registered to RCS Aix-en-Provence N°812 245 132, SIRET 81224513200012, represented by Martin LESGUILLONS, as CEO duly authorized for the purposee of these Terms Of Services (TOS). The company may be contacted through this contact form.

Hereafter, as the « Hosting Service Provider » or « HSP »,

Firstly,

And the natural or legal person using the services offered by the HSP.

Hereafter, as the « User »,

Secondly,

It has been exposed and agreed what follows :

Preamble

The HSP provides a service that allows Users to publish texts, photos and vidéos as « Portfolios », and a directory of « Portfolios » on his website, Artfolio. This service aims at presenting the professional or amateurs Portfolios of it’s Users.

Article 1 : Object

The present Terms of Service (TOS) define the rights and obligations of the Parties within the present contract for either the paid or free services offered by the HSP. The HSP takes necessary care in providing quality of service, in conformity with the standards of the profession and has an obligation of means for that purpose.

The user acknowledges that the HSP does not participate, at any time, in the choice of the contents broadcasted by the User and his activity limits to providing a technical architecture for publication (hereafter « the Platform ») to allow the User to broadcast his contents on the Internet, as a Portfolio. The HSP provides also a directory of Portfolios to allow visitors to search and find them.

The services provided may be modified by the HSP at any moment.

Article 2 : General terms of service

The present TOS apply for all services provided through the Internet web site of the HSP and form an integral part of the agreement between the User and the HSP. The HSP reserves the right to change the current TOS at any moment by publishing a new version on his website, on the page https://www.artfolio.com/tos. In case of change, the new TOS will apply immediately. If the user choose to subscribe to a paid service and does not accepts the modified TOS, he can end his subscription, which will be refunded for the remaining time.

The HSP ensures, upon User’s initial acceptation of the TOS, that his agreement is clear and unreserved, by putting a checkbox form and a validation click. The User declares having acknowledged and understood the entire TOS, as well as Specific TOS related to a product or a particular service, and accept them without reserve. The User acknowledges he was sufficiently advised and informed by the HSP in order for him to verify the offer of product or service is adequate to his current needs. The User declares he has reached majority and is legally able to contract pursuant to french laws or that he legally represents the natural or legal person for which he commits. Unless proven otherwise the information recorded by the HSP will be used as proof in all transactions.

Generally the HSP reserves himself the right to refuse Users or Portfolios he would think would be in conflict with his branding or his interests.

Article 3 : Entry into force

The current agreement shall enters into force upon it’s acceptation by the User and as the User uses the services of the HSP. The User may choose different subscription durations to the paid service. These possibilities are detailed at the following url : https://www.artfolio.com/help/33. If the User does not proceed to a new payment on the end of the contract, the contract will not be renewed by tacit agreement (https://www.artfolio.com/help/25).

Article 4 : Conclusion of the contract online

The User will have to follow a series of steps to subscribe to HSP’s services. However, the steps described hereafter are systematically required :

  • Information on the essential characteristics of the service ;
  • Indication of the essential User’s data (identification, address...) ;
  • Choice of his login and password, and subscription to the newsletter of the HSP ;
  • Acceptance of the present TOS ;
  • When required, verification of the elements of the order and correction of these errors ;
  • When required, following instructions for the payment and payment of the chosen service.

When the User adheres to the HSP’s services, he chooses his password. The User takes full responsibility of all activities done through his account and ensures he keeps his password secret at all times. The User informs immediately of any unauthorized usage of his password or informs the HSP if he believes his password is not confidential anymore. The HSP reserves the right to impose the modification of the User’s password if it doesn’t meets adequate security.

For the purpose of the good execution of his order, and pursuant the article 1316-1 of the French civil Code, and in regard to the provisions of the article 6 of « la loi pour la confiance dans l’économie numérique », the User agrees to provide truthful identification information and maintain these informations up to date at all time. The HSP reserves the right to refuse the order, for example, for any abnormal order, or any order done in bad faith, or for any legitimate reason, especially if a conflict exists with the User relatively to a payment of a previous command, or a risk of intellectual property infringement.

Article 5 : Paid services prices

The prices of the services offered through the HSP website are indicated VAT included, and shown on the service description pages. The HSP reserves the possibility to modify his prices at any moment. The communication costs related to the access of the Internet website of the HSP are at the charge of the User.

The User agrees not to reproduce, copy, sell, resell or use in a commercial way any or parts of the services offered through the HSP’s Platform.

Article 6 : Services

The essential characteristics of the services and their respective prices have been made available to the User on the HSP’s website.

The HSP made available to the User an access to the Platform allowing to host his Portfolio (texts, photos, videos, etc.). A free access to this Platform is offered with a time limit, for the User to test the paid service. The right to access this Platform is personal, unique, non-assignable and non-transferable and used through an access code that can not be share, given, resold, or retransmitted ; the Platform is opened 24/24h and 7 days a week, excepted any technical anomaly or temporary update. In case of violation of the rules related to the access code, and in particular, in case of use of these access codes by many users, the HSP reserves the right to suppress the service immediately without notice or prior information. The HSP implements necessary means to insure his Platform is operational and accessible ; in case of any anomaly discovered, the User warns the HSP within short deadlines so the HSP can address the potential issue. The user has to have adequate equipment to access the HSP’s Platform (computer, screen, Internet connexion, web browser, email software, etc.). The User attests having received : all essential information necessary to the conclusion of the current contract, a detail of shipping costs and the terms of payment. These contractual information are presented in detail and in French language. Accordingly to French law, these information are summed up and are being confirmed upon validation of the order. The parties agree that the images or photos of the services presented and sold have no contractual value. The length of validity of the tenders and their prices are provided on the HSP’s Internet website as well as the minium duration of the contract. Except when special conditions apply, the rights granted hereafter are only granted to the natural person contracting party (or the owner of the email in case of a company).

Article 7 : Retention title and confidentiality clause

The user agrees not to resell is login and password nor to diffuse them in any way possible. Especially the User agrees not to offer competing services or products to the HSP.

Article 8 : Payment

When the user chooses a paid service, payment is due immediately upon order, including for pre-ordered services. The User can pay by credit card or premium rate number.

Article 8.1 Payment by credit card

The HSP accepts only credit cards indicated by the payment service provider. The secure payment by credit card is done online through a payment service provider. The data transmitted online is secured according to standard practice and won’t be able to be read throughout transmission over the Internet. Any guarantee related to security of this system is entirely under the responsibility of the payment provider and shall not be attributable to the HSP. Once the payment is executed by the User, the transaction is immediately debited after verification of the User’s informations. In accordance with the art. L. 132-2 of the Monetary and Financial French Code, the agreement to pay, given by credit card, is irrevocable. By communicating his banking information with purchase, the User authorizes the HSP to debit his card of the price of the services. The User confirms he is the lawful holder of the credit card used for payment of the services and he is legally entitled to use it. In case of error, or impossibility to debit the card, the sale shall be cancelled by rights and the order cancelled.

Article 8.2 Payment by premium rate number

The user dials a premium rate number in order to get access code that will allow him to validate his order. This type of payment is limited to specific countries only. The rate to get the access codes depends on the country the user is calling from. It is communicated to the user before the call is made. The amount is billed on the User’s phone bill by the operator. The HSP will not deliver a bill in this case. The User confirms he’s the rightful owner of the telephone line that is being billed.

Article 9 : Withdrawal period

In accordance with the provisions of the article L. 121-21 of the French Consumption Code, the User has a delay of 14 days to withdraw, following payment, without any justification. The withdrawal request has to be made to the HSP through this contact form.

Article 10 : Complaints

The User can present any complaints (ie : satisfaction, usage of service, etc.) by contacting the HSP through this contact form. The HSP will try to solve any dispute in regard to available ressources.

Article 11 : Intellectual property rights

The HSP does not claims the property or the control of the content broadcasted by the Users on his Platform or throughout his services. To that extend, the User keeps his entire intellectual or industrial property rights, on his work, brands or patents.

By providing, sending or displaying a content on or through the service, the User agrees to grant the HSP a non-exclusive and free worldwide licence, to exploit, reproduce, adapt, and publish all his content, with the sole aim to execute the services offered by the HSP.

For the needs of broadcasting of his portfolio, the User grants a non-exclusive licence, to exploit all the work (photos, vidéos, texts…) broadcasted on his portfolio through the Platform. In particular, the User allows the HSP, for the need of providing his services, to exploit :

  1. His reproduction right. This include the right to reproduce or make reproduce by any mean known or not yet known, including, recordings, memorization, duplication, and in all format, including electronic, magnetic, optics, magneto-optics, the contents of the User put at disposal on the Platform, to any copy necessary for the exploitation of the HSP’s services.
  2. His right to reproduce contents, in order to organize their circulation or their broadcasting, like their downloading, storage, or any form of transmission on computer networks, like Internet, whichever format used.
  3. His representation right, like the right to put, or make put, in circulation the contents themselves, their doubles or copies to broadcast them the public by any communication means, which :
    • the public representation right of all or any part of the work ;
    • the right to identify, label and classify the work in databases ;
    • the right to put in circulation the work on the Internet.
  4. The User authorizes also the HSP to translate his contents and adapt it in any language and reproduce it on any medium for public broadcasting.
  5. The User authorizes also the HSP to exploit any other right present or future allowing the exploitation of the content hosted.

The present authorization is granted for all the duration of the service and for the entire world, in particular for broadcasting the content on the Internet.

The User guarantees the HSP peaceable execution of the granted rights, in particular he states :

  • he is the author of all content provided to the HSP, or that he acquired legally the corresponding rights needed for it’s broadcasting on the Internet (ex. for pictures : the User makes sure he has been given right or been authorized by the photograph to broadcast these images on the Internet) ;
  • that none of the contents contain elements that could be considered counterfeit.

It is noted that no transmission of intellectual property rights is done through this agreement from the HSP to the User. Any reproduction, total or partial, modification or use of the intellectual property rights belonging to the HSP for any reason is strictly prohibited (ex : reproduction of the design of the Platform). Except with written authorization from the HSP, the User is not authorized to copy, modify, publish, transmit, distribute, represent, display or sell the proprietary information of the HSP.

The HSP wish to bring to the attention of the User the fact that there is no technical process that could prevent copy of his content broadcasted through the Internet by his means. If the User does not wish his contents to be copied, he should avoid putting it online.

Article 12 : Content broadcasted

The User agrees not to broadcast in any way any unlawful content.

The User recognize that the HSP is not responsible for the content edited and broadcasted by the User.

The User guarantees the HSP against any trouble related to the use or the broadcasting of his content provided and undertakes to indemnify him against any loss or liability related, in particular any financial loss, and all costs like legal costs related to these acts.

The User accepts the HSP might remove any his content, after being reported or after being informed as illegal or disputed content. On this basis, the HSP may terminate the User’s contract.

In regard to these provisions, the User agrees not to :

  1. publish, transmit in any way, any pornographic content, content showing scenes of violence, torture, or offensive to human dignity ; the User accepts the HSP will decide of the frontier between erotic art and pornography : this limitation includes in particular, porn-art, bondage, and S&M practices ;
  2. publish, transmit in any way any illegal content, harmful, threatening, abusive, harassing, defamatory, threatening for someone’s privacy, hateful, racist or otherwise objectionable.
  3. publish, transmit in any way any content violating any patent, brand, secret of manufacture, intellectual property right, or any property right belonging to someone else ;
  4. quote, promote a media publishing or broadcasting any pornographic content, presenting violence scenes, illegal, harmful, threatening, abusive, harassing, defamatory, threatening of someone’s privacy, hateful, racist or otherwise objectionable, in particular : websites, written press, television, or through any way used : text, link, image, sound, video ;
  5. Index a portfolio on a website or on any other medium not in relation with art ; in particular : dating websites, escort directories, striptease directories, internet website publishing pornographic content, illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, threatening for someone’s privacy, hateful, racist, or otherwise objectionable ;
  6. propose strip-tease services or escorting ;
  7. use the service as mean to sollicitation or prostitution ;
  8. try to mislead other Users by stealing the identity of any natural or legal person, and in particular pretend to be an employee, a moderator, or an affiliate of the HSP.
  9. collect or store personal data related to other Users ;
  10. disturb of prevent the normal functioning of the HSP’s servers, networks connected to the service, or refuse to conform toe the required conditions, procedures, general rules, or legal rules applicable to networks connected to the service ;
  11. violate any local, regional, national, or international law.

In any case, the HSP shall, in no event, be held liable for the content, in particular illegal content in regard to regulations, errors, or omissions in any content, of any loss or damage related to the usage of any content displayed, transmitted through email or any other way by the service.

It is possible to restrict access by a password to some contents of the portfolios. The User has to choose complex passwords in order for him to limit the risk of intrusion. Consult here our recommendations for creating complex passwords. The User has to pay attention to the strict confidentiality of his passwords. The User agrees to notify immediately the HSP of any non authorized use of his passwords or to warn him if he thinks one of his passwords is not confidential.

The HSP retains the right to remove from his directory, without any warning, portfolios added in categories that are not related to their content, or related to the person’s skills.

Article 13 : Force majeure

The execution of the obligations related to the present agreement will be suspended in case of occurrence of a fortuitous event or force majeure that would prevent their execution. The HSP will warn the User of such case, as soon as possible.

Generally, the HSP recommends the User to setup a backup procedure of all his content put on the Platform.

Article 14 : Nullity of the contract

If any of the provisions of the present contract were to be void, the invalidity of such provision shall not affect the validity of the remaining provisions which will hereby remain in effect between parties.

Article 15 : Data privacy protection

The personal data are subject to the « Artfolio’s privacy policy ». The User has to refer to the entire document available at the following address : https://www.artfolio.com/privacy

Article 16 : Limitation of liability

It is stipulated an exemption of liability for any indirect damages (like, loss of gains or profits, or loss of business, loss of funds, or any other similar loss), and a limitation of liability of the HSP for providing the current services to ten times the amount paid by the User.

Article 17 : Applicable law

The present TOS are subject to french law. These provisions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements, written or oral, related to the same object.

In case of violation by the User of the current provisions, the HSP reserves the right to put an end to the present agreement and shut down the access to the User to the Platform without any refund.

In no case the HSP guarantees the conformity to the local legislation that would be applicable to the User, if he uses the current services from another country.

Legal notice

  • Editor : Leati, private limited company with capital of 321,000 €
  • Adress : Europarc de Pichaury - Bât. B5 – 1330, avenue G. de la Lauzière - 13856 AIX-EN-PROVENCE Cedex 3 - FRANCE
  • RCS : AIX-EN-PROVENCE 812 245 132
  • VAT number : FR57812245132
  • CNIL : 1285094
  • Responsible of publishing : Martin LESGUILLONS
  • Hosted by : NERIM - 102 Avenue du Président Kennedy - 75016 Paris - FRANCE