General Terms of Use

Preamble

The website artmajeur.com (hereinafter the “Site”) is published by YourArt (hereinafter the “Company”), a simplified joint-stock company registered with the Nanterre Trade and Companies Register under number 917 843 518, whose head office is located at 36, rue Raspail 92300 Levallois-Perret, telephone: +33(0)950959966, Email: [email protected], Intra-Community VAT number: FR05917843518.

The Site provides access to free content and paid services, and in particular aims to:

• Provide information and offer services to “Visitors” (any natural person accessing the Site free of charge without registering) on various art-related topics (hereinafter the “Content”);

• Allow “Members” (any natural person or legal entity with a Member account on the Site) to reference, display, and sell original works of art (hereinafter the “Works”) as “Sellers” and to connect with “Buyers”—Visitors or Members who wish to purchase original works of art, limited-edition works, art reproductions, and licenses for the use of image rights offered at a fixed price (hereinafter the “Products”).

This Site is accessible to all Visitors and Members at the URL https://www.artmajeur.com (hereinafter “artmajeur.com”).

It is hereby reminded that the Company, in its capacity as a hosting provider, acts only as an intermediary and is in no way a reseller of the Products offered by Sellers on the platform.
Most Products are shipped and delivered to Buyers by the Sellers, under their sole responsibility. Some Products are shipped by the Company.

Acceptance and Modification of the General Terms of Use

These General Terms of Use of the Site (hereinafter the “GTU”) aim to define the conditions of access and use.

Any use of the Site implies the prior, express, and unconditional acceptance by Visitors of the GTU. The Visitor is informed and acknowledges that by clicking, when creating their customer account, on the “Register” button preceded by the statement “By clicking on Register, you accept the General Terms of Use,” they are bound by all the provisions of the GTU.
By checking the aforementioned box, it shall be deemed to have the same value as a handwritten signature by the Visitor. The Visitor acknowledges the probative value of the Company’s automatic recording systems and, unless they provide proof to the contrary, they waive the right to challenge them in the event of a dispute.

Sales made through the Site between Buyers and Sellers are governed by the General Terms and Conditions of Sale (hereinafter the “GTC”), which must also be accepted by the Buyer for each purchase. The GTC supplement the Buyer GTU.

Registration on this Site requires the Company to collect a certain amount of personal information regarding Sellers. Sellers who do not wish to provide the information required for registration will not be able to sell on this Site.

The Company reserves the right, at any time, to unilaterally and without prior notice refuse access to the Marketplace to any Visitor who does not comply with these GTU.
The Visitor is informed that the Site’s GTU may be modified at any time, unilaterally by the Company, notably in case of changes in its services or in the event of legal, jurisprudential, editorial, and/or technical developments.
The Company agrees to inform the Site’s Member of these modifications by email or by a special notice displayed on the Member’s account.

These general conditions apply to the relationship between the parties, to the exclusion of all other conditions, including those of the Member.
Acceptance of these general conditions implies that the Members have the legal capacity required for this purpose, or failing that, the authorization of a guardian or curator if they are legally incapable, or of their legal representative if they are minors, or that they hold a mandate if acting on behalf of a legal person.

Visitors to the Site undertake not to use software or processes intended to copy the Site’s pages, and not to record or collect information from the Site without the express prior written consent of the Company. Visitors undertake not to use any device or software of any kind that might disrupt the proper functioning of the Site.
Visitors undertake not to copy, reproduce, alter, modify, or disclose to the public all or part of the Site’s content without the express prior written consent of the Company or that of the concerned Members.
Visitors have the option, at any time, to unsubscribe and delete their Personal Account from the account settings section.

Liability of the Company

The Company shall not be held liable for any breach of its obligations under these GTU caused by or resulting from events beyond its control and/or arising from a force majeure event preventing access to the Site in whole or in part.
The Company shall not be held liable for any alteration, loss, or accidental transmission of data or the sending of viruses.
The Company cannot guarantee that the Site will function in every operating environment and be usable at all times without interruption or error, nor that all such errors can be corrected.
As the Site is in continuous development, it may be subject to changes and temporary or permanent interruptions without notice. Under no circumstances can the Company be held liable for the unavailability of the Marketplace due to these changes and/or interruptions. The Company reserves the right to temporarily interrupt or modify, without notice, access to all or part of the Site, in particular to carry out maintenance or for any other reason, without such interruption giving rise to any obligation or compensation.

The Company operates a secure platform allowing Members with a subscription to connect, via the Company, with Buyers. The Company stores the content posted by Members on its Site.
Members who provide information about the Works they offer for sale act independently of the Company.
Information, products, and services posted on the Site by Members may contain inaccuracies or errors. Consequently, the Company does not guarantee the accuracy of Member content and disclaims any liability for errors or inaccuracies.

Within the framework of its marketplace (Marketplace) activity, as detailed in the GTC accessible on the Site, the Company’s liability is that of a hosting provider, pursuant to Article 6-I, 2 of the Law of 21 June 2004 on Confidence in the Digital Economy.
Because the Works offered for sale by Sellers are offered on their sole initiative, the Company cannot be held liable for contributions provided by Members if there is no prior moderation of content published before it goes online or if, when notified of manifestly illegal content, it promptly took action to remove it.
The Company’s liability therefore cannot be incurred for contributions made by Members, under their responsibility, since the Company is not subject to a general obligation to monitor all the content published by Members and stored on the Site, nor to a general obligation to search for facts or circumstances indicating illegal activities, nor to any obligation of guarantee regarding the accuracy, reliability, or honesty of the content published by Members.

Liability of the Company Relating to the Marketplace

The Company undertakes to exercise the care and diligence necessary to provide quality products in accordance with the specifications of these General Conditions. The Company is only bound by a best-efforts obligation regarding the services of the Site covered by these conditions. The Company’s liability to a Member can only be incurred for acts directly attributable to it and that cause a harm directly related to those acts.
The Company shall not be held liable in the event of force majeure, fault by the Buyer, or fault by the Seller, as defined in this article:

Force Majeure
For the purposes of these general conditions, a force majeure event that may be invoked against the Buyer includes any impediment, limitation, or disruption of the service caused by fire, epidemic, explosion, earthquake, bandwidth fluctuations, a failure attributable to the internet service provider, transmission network failure, collapse of facilities, illegal or fraudulent use of passwords, codes, or references provided to the client, hacking, a security breach attributable to the Site’s host or developers, flooding, power outage, war, embargo, law, injunction, demand, or requirement from any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Company. Under such circumstances, the Company is released from fulfilling its obligations to the extent of that impediment, limitation, or disruption.

Buyer’s Fault
For the purposes of these GTU, any misuse of the service, fault, negligence, omission, or failure on the part of the Buyer or their agents, non-compliance with the advice given by the Company, any disclosure or illegal use of the password, codes, and client references, as well as the provision of incorrect information or the failure to update such information in their Account, shall be deemed to be a fault on the part of the Buyer and may be invoked against them. Likewise, implementing any technical procedure, such as robots or automated queries, the implementation of which would contravene the letter or spirit of these GTU, is also deemed a fault on the part of the Buyer.

Data, including comments, published on the Site by the Buyer are the sole responsibility of the Buyer. In this context, the Company will enjoy the status of hosting provider of such data under Article 6-I-2 of the Law for Confidence in the Digital Economy of 21 June 2004. Pursuant to paragraph 3 of that same article, the Company cannot be held civilly or criminally liable for these comments unless, from the time it became aware of any illegal activity or information, it acted promptly to remove said information or make it inaccessible.

The content of the Site is published for informational purposes only, without any guarantee of accuracy. Under no circumstances can the Company be held liable for any omission, inaccuracy, or error contained in such information that causes direct or indirect harm to the Buyer.
The Company disclaims all liability regarding sales made between Buyers and Sellers through the use of the Site, to which it remains an unrelated party. Any complaint concerning information included in product descriptions or product deliveries will be referred to the designated Seller, who assumes full and sole responsibility in this regard.

The supply of Products made according to the Buyer’s specifications (on-demand art prints) is printed as it appears on screen. The Company’s liability to the Buyer cannot be engaged if there is a color difference (between the user’s screen and the final printed version), a mark, a truncated signature, a truncated portion of the Work, or any other marks and/or images visible on screen and the reproduction of the printed Work. It shall not give rise to any compensation or refund.
In the event of the supply of digital content not provided on a material medium whose performance has begun, the customer automatically waives their right of withdrawal. When validating the order for digital content not provided on a physical medium before the withdrawal period expires, the Buyer’s waiver of the right of withdrawal is indicated by checking the box corresponding to the following statement: “I expressly waive my 14-day right of withdrawal for the delivered Products.”

Seller’s Fault
The Company provides a presentation and sales service for independent Sellers. Sellers are responsible for the description and presentation of the products they list for sale. These products may be physical or intangible (original works of art, sale of reproductions, sale of licenses). Sellers guarantee to the Company that they hold all necessary authorizations and rights with respect to the products they list for sale. In its capacity as a hosting provider, the Company undertakes to act promptly if a dispute is reported by a third party regarding content; however, the Company cannot be held liable for any breach or fault by the Seller regarding the products listed for sale, especially concerning their description, photos, or the use of trademarks or copyrights.

Specifics Related to Digital License Purchases:
All images offered under license on the Site are original works of art created by artists, all rights strictly reserved. Acquiring a license grants the right to use or exploit the image according to the license terms. Minor modifications such as cropping or refocusing the image for a project are allowed, but making any modification that could harm the original integrity of the Work (altering shapes, distortions, cutting, changing colors, adding elements, etc.) is prohibited unless written permission has been obtained in advance from the artist. The licenses made available by Sellers are accessible to Buyers in the “My Purchases” section of their ArtMajeur by YourArt account.

Prohibited uses include but are not limited to:

• No illegal use: You may not use content for pornographic, defamatory, or illegal purposes, nor in violation of any applicable regulations or any professional code.

• All licensed content belongs to the artists who supply it

• No commercial use of editorial content: You may not use any content marked “editorial” for commercial, promotional, advertorial, sponsorship, advertising, or merchandising purposes

• No use as a standalone file

• No misrepresentation of authorship

• No “on-demand” products

The Buyer is solely responsible for their use of the Site, and agrees to indemnify and/or compensate the Company for any damage or loss that the Company may suffer if its liability is engaged by a third party due to an operation related to the Buyer’s use of the Site.

Internal Messaging

A private internal messaging system is provided for Buyers. This system is reserved for Buyers, and the confidentiality of correspondence applies.
Sellers are not permitted to communicate their personal contact information via this messaging system. If they contravene these provisions, the Company may truncate or block their messages, and in case of repeated offense, reserves the right to delete the Seller’s account.
The content of the inbox and outbox is not subject to any retention guarantee by the Company, and Buyers are responsible for saving these contents themselves. Loss of this content, regardless of the cause, does not constitute damage for Buyers who cannot claim any compensation for this reason.
Any Buyer who is a victim of abuse (spam, unsolicited advertising, or otherwise) may inform the Company, which will take all appropriate measures.

IRIS – Interface with OpenAI’s ChatGPT4 Service

The Company provides Visitors and Members with a conversational bot called “Iris.” Iris interfaces with the ChatGPT4 artificial intelligence service by OpenAI, allowing Visitors and Members who so choose to interact directly and anonymously with ChatGPT4 in order to:

• Obtain assistance in choosing Works in the Site’s Catalog, based on suggested criteria;

• Take an artistic profile test based on suggested artwork, followed by a recommendation of reading material, films, museums, and Site Works;

• For exhibiting Members or Sellers, receive a work analysis followed by recommended reading material, films, museums, as well as variations of the Work and sketches.

Visitors and Members are informed and accept:

• That by using Iris, they transmit to ChatGPT4 the input data they enter under their own judgment and responsibility, and that OpenAI may use this data to respond to them and as training data;

• That if they choose to use Iris, they are subject to the general conditions and privacy policy of OpenAI, which they must comply with;

• That OpenAI in particular prohibits:

  • Using its services in any way that infringes, misappropriates, or violates the rights of third parties;

  • Modifying, copying, renting, selling, or distributing any of its services;

  • Attempting or assisting anyone to reverse-engineer, decompile, or discover the source code or underlying components of its services, including its models, algorithms, or systems (except where such restriction is prohibited by applicable law);

  • Automatically or programmatically extracting data or results;

  • Claiming that outputs have been generated by a human when they have not;

  • Interfering with or disrupting its services, including bypassing rate limits or restrictions or circumventing security protections or mitigation measures OpenAI has put in place for its services;

  • Using the outputs to develop models that compete with OpenAI.

• That the Iris interface is provided “as is,” without any guarantee of the suitability of the output data generated using ChatGPT4 for the particular use desired by each Visitor or Member, and that the Company cannot guarantee that the generated content will be accurate or respect third-party rights;[1] [2]

• That if Visitors or Members choose to use Iris, the Company acts as the data controller for the data they directly enter into Iris or imported into Iris from their profile if they consent, and for the output data;

• That this data will then be processed according to the methods indicated in the Company’s [3] Privacy Policy, with which they may exercise their rights regarding said data.

Intellectual Property

The content of the Site, namely its architecture and its Content (including its graphic and editorial elements), is protected by current legislation and in particular the provisions of the French Intellectual Property Code. The Site is intended exclusively for the Visitor’s information and personal use.
The “ArtMajeur” and “ArtMajeur by YourArt” trademarks and logos, the Site architecture, and the Content made available to Visitors and Members are the property of the Company. Any use or reproduction is prohibited.
The content of the Site’s catalog is the property of the Company and/or the Members or other holders of intellectual property rights on the Works and texts they present on the Site. Consequently, Visitors and Members shall refrain from copying and/or downloading all or part of the Site, its Content, its catalog, its texts, illustrations, photographs, and images, and any Member content.
Subject to the rights held by Members or third parties, and those they have contributed to collective management organizations (notably ADAGP) to authorize the exploitation of such works, the Company is the sole owner of the information and Content of the Site and its other products or services (textual, graphic, photographic, videographic elements, software, databases, or any other type of content making up the Site). It is the sole holder of all intellectual property rights associated therewith (copyright, neighboring rights, trademark rights, database producer rights on the Site).
The information and Content on the Site must be used solely for personal purposes. Any extraction, use, reproduction, or distribution for other purposes, in particular collective and/or commercial, without the express prior written authorization of the Company, is prohibited and may be subject to prosecution and penalties.

Formal Prohibition on Using Data by a Third Party for the Purpose of Training a “Machine Learning” Artificial Intelligence Program
The works, images, data, and content presented by artists on the Site are protected by each artist’s copyright. It is prohibited to collect, index, or otherwise use these data to train an artificial intelligence program, whatever its use or purpose. The production of images created from training data derived from the Site is specifically and strictly forbidden.

Description of the Marketplace Service

Transactions carried out on the Site are made directly between the Buyer and the Seller. The Company is in no way a reseller of the products offered by Sellers through the Site. Products purchased via the Site cannot be returned or exchanged by the Company.
The Company reserves the right, at any time, to refuse the Visitor temporary or permanent access to the Marketplace, to any user who does not comply with these GTU.
Any Member or Visitor must also comply with the following rules:

• Not harass other users of the Site, not make defamatory, slanderous, homophobic, or racist remarks on the Site, and not engage in behavior contrary to current French legal or regulatory texts, individual rights, public order, or decency.

• Not obtain information about other users, whether manually or automatically. It is also prohibited to access another participant’s personal account.

The Company reserves the right, at any time, to refuse access to the Site, and unilaterally and without prior notice delete the account of any Member or Visitor who does not comply with these GTU, notably, and without this list being exhaustive, in the event of false, inaccurate, incomplete, or outdated information provided by the Member or Visitor, or in case of payment fraud, attempted fraud, or any other criminal offense.

Personal Data

Information and data concerning the Buyer are processed by the Company. This information is necessary for account management and access to services. Only the information required for delivery is transmitted to the Seller.
To access information concerning your personal data, please go to: https://www.artmajeur.com/fr/privacy

Complaints and Dispute Resolution

These GTU are subject to French law.
These GTU may be modified at any time by the Company. The general conditions applicable to Buyers are those in effect on the date of the order or the date of their connection to the present Site, with any new login to the personal space implying acceptance of the new general conditions where applicable.
For any complaint, please contact customer service at: https://support.artmajeur.com
Pursuant to Ordinance No. 2015-1033 of 20 August 2015, any dispute arising from the execution of these general conditions and which could not be resolved amicably between the parties must be submitted to Medicys: www.medicys.fr
Any dispute relating to this contract or in connection with it will be settled by arbitration in accordance with the rules of the Digital Institute of Arbitration and Mediation: www.fast-arbitre.com
The European Commission provides consumers in the European Union with an online dispute resolution platform. Consumers can submit a complaint here: https://ec.europa.eu/consumers/odr/main/index.cfm
These terms may be translated into several languages from French. In the event of any difference in meaning or any inaccuracy in translation, the French version shall prevail.
For Members who are professionals, the Paris Commercial Court shall have sole jurisdiction to rule on any dispute with the Company relating in particular to the formation, performance, interpretation, termination, or cancellation of the contract, including for precautionary measures, urgent procedures, summary proceedings, impleader, or multiple defendants.

Reference Language and Legal Value of Translations

This contract is written in French. Any translation of this contract into another language is provided for information purposes only and may in no way be considered legally binding. In the event of any contradiction or difference in interpretation between the French version and any translation, the French version shall prevail.