General terms and conditions of use
of www.welovart.com and www.we.welovart.com
Article 1: Object
These GTCU or General Terms and Conditions of Use provide a legal framework for the use of the services
of www.welovart.com and www.we.welovart.com (hereinafter referred to as « the website »). Access to this
platform means acceptance of these GTCU.
Article 2 : Legal notices
The website’s publishing is provided by the WeLovArt company, a simplified joint stock company with a capital of 200€, its home office is located at 24 avenue de l’Europe – 67300 Schiltigheim, France, registered with the Registry of Commerce and Companies of Strasbourg under number 883 523 821.
Article 3: Access
The website’s access is free of charge, from anywhere and by any user with Internet access. All necessary equipment (computer hardware, internet connexion…) is at the user’s expense. Members of the www.we.welovart.com website can access the platform by choosing a username and a password. Access to the website may be interrupted or suspended by the publisher without prior notice and justification, either for maintenance or other reasons.
Article 4: Data collection
To create a user’s account, collecting information during the registration on the website is necessary and compulsory. In accordance with the French law n°78-17, 6th of January 1978 relating to data processing, files and liberties, the collection and processing of personal information is carried out with respect for privacy.
According to the French Data Protection Act, 6th of January, 1978, articles 39 and 40, users have the right to access, rectify, delete and oppose their personal data. Users can exercise this right via a contact form on the website. In its capacity as publisher of the website, WeLovArt is free to market advertising spaces on the website to advertisers of its choice. the user acknowledges that he or she has no right to these advertising spaces and abstains from any request or action for this reason.
Article 5: Intellectual property
Brands, logos as well as the website’s contents (graphic illustrations, texts…) are protected by the French Intellectual Property Code and by copyright.
The reproduction and the duplication of the contents by the user require a prior authorization from the website. In that case, any use for commercial practices or promotional purposes is forbidden.
The website’s user refrains from reproducing and/or use the brands and logos present on the website as well as modifying, copying, translating, reproducing, selling, publishing, exploiting and diffusing in a numerical format or else, any part of information, texts, photos, images, videos, data present on the website, which constitute artworks in accordance with the provisions of the article L112-1 of the French Intellectual Property Code.
The violation of these agreements subjects the offender and any person liable to civil and criminal penalties under French law.
Article 6: Liability
While the information published on the website is considered reliable, the website reserves the right of no
guarantee over the reliability of the sources.
The information available on the website is only displayed for information purposes and is not contractual.
Despite regular updates, the website cannot be held responsible in case of modification of the administrative and legal provisions created after the publication. The same applies for the use and the interpretation of information communicated on the platform.
The website accepts no liability with regard to potential viruses which could contaminate the computer equipment of the user after using or accessing the website.
The website cannot be held responsible in case of force majeure or because of the unpredictable and insurmountable action of a third party.
The total guarantee of security and data confidentiality is not secured by the website. Nonetheless, the website is committed to execute any required measures to the best of its ability.
Article 7: Hypertext links
The website can include hypertext links. By clicking on them, the user will exit the platform. The latter will have no control over this and cannot be held responsible for the websites’ contents in relation to those links.
Article 8: Cookies
While visiting the website, the automatic installation of a cookie on the user’s browser software can occur. Cookies correspond to small files temporarily registered on the hard drive of the user’s computer. Those cookies are necessary in order to ensure accessibility and navigation on the website. Those files do not contain personal data and cannot be used to identificate a person. The information contained in cookies can be used to improve the performances of the website’s navigation. By browsing the website, the user accepts cookies. Their deactivation can be executed through the browser software’s parameters.
Article 9: Publication by the User
This website allows its members to publish articles, photos, videos, texts, images, comments etc.
In their publications, members shall respect the netiquette’s rules as well as the rules of the current law.
The website has the right to exercise a priori moderation on the publications and can refuse to publish them without providing any justification.
Members keep all of their intellectual property rights. However, any publication on the website implies the delegation of the non-exclusive and free right to the publishing company to represent, reproduce, modify, adapt, distribute and disseminate the publication anywhere and on any medium for the duration of the intellectual property. This can be done directly or through an authorized third party. This includes in particular
the right to use the publication on the website and on mobile phone networks.
Each time a user publishes a content, he or she commits to mentioning the name of the member next to the publication.
The user is held responsible for the published content. The user commits not to publish any content that may harm the interests of third parties. Any legal proceedings initiated by an injured third party against the website shall be borne by the user.
The deletion or modification by the website of the user’s content may be carried out at any time, for any reason and without prior notice.
Article 10: Contract period
This contract is valid for an unlimited period of time. Starting to use the website services marks the application of the contract towards the user.
Article 11: Applicable law and competent jurisdiction
This contract is submitted to French law. The absence of amicable settlement of cases of dispute between the parties implies the competent French courts to settle the litigation.