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terms and conditions on MyArtMakers.com

Revision date : 19/04/2016

Welcome to MYARTMAKERS, an innovative company that enables individuals and companies (hereafter known as the Client) to commission personalized artworks made by professional artists (hereafter known as the Seller) in exchange of a given amount of money determined by both the Client and the Seller before validating the order. MYARTMAKERS is an online platform which purpose is to connect Clients and Sellers.

The Client’s or Seller’s acceptance of the current General Conditions of Use of the MYARTMAKERS platform gives mandate to MYARTMAKERS to bring together Clients and Sellers and to carry out transactions on the MYARTMAKERS Website according to the following clauses.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.

1- TERMS OF ACCEPTANCE

1.1 - Your access to and use of www.myartmakers.com (‘the Website’) and any Service as described hereafter are subject exclusively to these Terms of Use. You will not use the Website/Service for any purpose that is unlawful or prohibited by these Terms of Use. By using the Website/Service you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Service.

1.2 - We reserve the right to update or amend these Terms of Use at any time and your continuing use of the Website/Services following any changes shall be deemed to be your acceptance of such change. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Website. It is therefore your responsibility to regularly check the Website to determine if there have been changes to these Terms of Use and to review such changes.

2- ACCESS TO MYARTMAKERS PLATFORM

You are responsible when granting access to MYARTMAKERS and that access may involve third party fees (such as Internet Service provider). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access MYARTMAKERS.

3- SERVICE DESCRIPTIONS

3.1 MYARTMAKERS’S OBLIGATIONS
a) MYARTMAKERS agrees to connect Clients with Sellers available on the MYARTMAKERS platform. To this end, the Client entrusts MYARTMAKERS to connect him with all Sellers that corresponds to their demand, and to open a global escrow account on his/her behalf for all transactions, through which all monetary sums must pass during the course of all transactions on the MYARTMAKERS Platform. All transactions will be made via MYARTMAKERS secure payment Service.
b) MYARTMAKERS itself cannot trade directly within the Seller/Client framework and cannot come into possession of any given product.
c) MYARTMAKERS cannot guarantee that the Client will be satisfied with the Seller’s product, nor can MYARTMAKERS guarantee that the Client will not return the item to the Seller or that the Client will not terminate the sale. MYARTMAKERS cannot guarantee that the Seller will finish the product, or that the Seller will send the product once it’s finished.
d) MYARTMAKERS will provide to all Sellers a certificate of authenticity template that the Seller will have to fill in and sign upon completion of each transaction with a Client.
e) In cases where a Client or a Seller contravenes the General Conditions of Use for the MYARTMAKERS platform as they are displayed here, MYARTMAKERS reserves the right to cancel a transaction, to suspend the Client’s or Seller’s account and to block all monetary sums concerned.

3.2 SALES TRANSACTIONS
a) A sale between a Client and a Seller is considered complete, as soon as the Client has unconditionally confirmed acceptance of the Seller’s offer and that MYARTMAKERS has received full payment of the transaction price. The sale is considered to be final once MYARTMAKERS has acknowledged receipt of the full transaction price transferred by the Buyer into MYARTMAKERS's global escrow account; the Client’s payment of the product price to MYARTMAKERS demonstrates his/ her agreement with the said offer. The Client recognizes that his acceptance of the offer is done after careful consideration of the description of the product on sale and that he or she is prepared to enter into a sales contract with the Seller, according to the conditions of the offer.
b) MYARTMAKERS will notify the Client and Seller by email that payment of the transaction price has been received (hereafter known as the Notification).
c) The transaction is considered final once MYARTMAKERS received confirmation of the transaction. The total amount is securely blocked by MYARTMAKERS and no amount is sent directly to the Seller.
d) Once the Seller has finished the product, it will be asked to the Seller to send a good quality picture of the product to the Client. It will be asked to the Client to validate the product or to ask for a minor modification. This minor modification has to be within the scope of initial offer and cannot compromise the entire work made by the Seller. Once the minor modification has been done the Seller notifies the Client via his MYARTMAKERS account and the product is automatically validated.
e) Once the product is validated the Seller fills in a certificate of authenticity according to MYARTMAKERS rules and signs it.
f.1) In the case of an order, the payment of the artist by MyArtMakers less the amount of the commission of 20% of MyArtMakers take effect 14 days from the date of validation of the work and in case no complaint have been expressed by the applicant. In case the artist subscribed to a paying account offer the amount of the fee is reduced as follows: 10% in PRO account and 5% in PREMIEUM account.
f.2) In the case of a direct sales, payment of the artist by MyArtMakers minus the amount of the commission of 20% of MyArtMakers take effect 30 days from the date of payment of the work and in case no claim have been expressed by the applicant. Payment of the artist may take effect earlier, on condition of good reception of the work by the applicant and following their assessment of the artist. In case the artist subscribed to a paying account offer the amount of the fee is reduced as follows: 10% in PRO account and 5% in PREMIUM account.
The PRO and PREMIUM plans are not eligible for refund. The amount of PRO and PREMIUM artist subscription deals is clearly displayed during the subscription phase and artist must carry it out completely to benefit from the features and additional benefits they provide. The list of benefits and features available for each subscription is detailed on the subscriptions page of the website.
g) On completion of a transaction, the Client will then be asked to indicate their level of satisfaction on a scale at his disposal on the Website. This rating will be visible to other Clients and integrated to the Seller’s personal page.
h.1) As part of an order, in the absence of any explicit confirmation of the applicant or if the applicant does not indicate that the product has not been delivered, it will be assumed that he/she is satisfied with the transaction six weeks after the date of validation of the work by the applicant.
h.2) As part of a direct sales, in the absence of any explicit confirmation of the applicant or if the applicant does not indicate that the product has not been delivered, it will be assumed that he/she is satisfied transaction six weeks after the date of payment of the work by the applicant.
i) The Seller agrees in advance that the payment of the transaction price by MYARTMAKERS can be delayed if the Client makes a claim during MYARTMAKERS's verification period. This delay will be communicated to the Client and Seller.

3.3 MEMBER’S OBLIGATIONS
a) When registering with MYARTMAKERS, Clients and Sellers will create their own personal member name and password which must be kept strictly confidential. Once registered, the member is then the only person permitted to access the MYARTMAKERS Platform using that particular member name and password. The member must not allow anyone else to access the MYARTMAKERS platform using their member ID. If the member becomes aware that someone has been accessing the site in their name, they must inform MYARTMAKERS of this by post as soon as possible.
b) The member must choose a member ID which does not violate the rights of a third party. For example, the member must not choose a member ID which violates the intellectual property rights, registered trademark, company name or personal family name of a third party.
c) The member must not create or use any account other than his own, whether that be in his name or that of a third party. For a member to be exempt from this rule, they must specifically request express permission from MYARTMAKERS. The creation or use of new accounts in his/her own name or in the name of a third party without having first obtained written permission from MYARTMAKERS will lead to the immediate suspension of all said Member's accounts and of all the associated Services.
d) In the case of legal action between members, parties agree to permit MYARTMAKERS to present all records on the MYARTMAKERS platform from MYARTMAKERS’s servers, including all personal access codes of the members to be admissible evidence for both parties.
e) Any member agrees not to put up for sale, sell, and allow to be sold or to buy, directly or indirectly, products which go against accepted moral principles or all applicable laws and regulations.
f) Any member agrees not to sell and/or to buy, directly or indirectly, any illegal products, nor to use information which he/she finds on the MYARTMAKERS platform to purchase or to sell any such illegal products. Any member must inform MYARTMAKERS immediately if he/she notices any such offer on the MYARTMAKERS Website.

3.4 SELLER’S OBLIGATIONS
a) To become a MYARTMAKERS Seller and to gain access to art briefs from Clients on www.myartmakers.com, a candidate has to apply online and submit a portfolio with at least five original artworks. The candidate also has to write a short description of him and of his work. MYARTMAKERS jury will examine all candidacies and notify the candidate of their decision. A successful candidate becomes an “art maker” (a Seller) and gets his personal account which gives him access to all MYARTMAKERS Services for art makers.
b) When offering a proposal to an art brief from a Client, the Seller commits to respect the conditions of this commercial offer if the Client accepts the offer. The commercial offer becomes automatically a tacit contract between the Client and the Seller when accepted by the Client. In case of obvious non-fulfilment of the commitment made by the Seller, MYARTMAKERS reserves the right to cancel the contract and to ban the Seller from the Website. The Seller shall then in this case not receive any part of it the amount paid by the Client and securely blocked by MYARTMAKERS.
c) The Seller holds sole responsibility for informing the Client of the main characteristics of the product (or future product), and where necessary, for indicating the postal charges and expected delivery time. He/she is solely responsible for the description of the goods. The Seller agrees to carry out all required validations and verifications, and to provide all necessary clarification in a way which gives a fair and exact description of the product and does not mislead the Client in any way. If the description does contain a mistake, for instance an error relating to the offer itself or to postal charges, the Seller must assume any additional costs which arise. Any complaints from the Seller to the Client or to MYARTMAKERS regarding this matter will not be upheld.
d.1) As part of an order, after acceptance of the proposal of the artist by the applicant, the artist has a maximum of 3 working days to confirm or withdraw the offer. If the artist does not respond within 3 working days, the offer will be withdrawn. In the absence of any contact with the artist, MyArtMakers temporarily suspend access to its account's services. If the artist wants to stop the suspension of his account, he must write to MyArtMakers and clearly justify its lack of response. If a seller expects to be absent for more than 3 working days, he / she will refrain from making proposals incompatible with the 3-day acceptance period.
d.2) As part of a direct sale, after payment of the artist, this one must respect the shipping time of the work he has specified in the description of its announcement.
e) Once the Seller has finished the product, it will be asked to the Seller to send a good quality picture of the product to the Client. It will be asked to the Client to validate the product or to ask for a minor modification. This minor modification has to be within the scope of initial offer and cannot compromise the entire work made by the Seller. Once the minor modification has been done the Seller notifies the Client via his MYARTMAKERS account and the product is automatically validated.
f.1) As part of an order, after validation of the product, the artist agrees to produce a certificate of authenticity of his work under the terms of MyArtMakers and the sign of his hand.
f.2) As part of a direct sale, after payment of the product, the artist agrees to produce a certificate of authenticity of his work under the terms of MyArtMakers and the sign of his hand.
g.1) As part of an order, once the artist confirmed his offer, he is in charge of ensuring the delivery of the product within the terms and conditions he has detailed in its commercial proposition. L'artiste have to address properly (to the right address) and pack the product properly and to comply with all the conditions on which he is engaged in his commercial proposition. The artist must proceed with the shipment of the product to the address specified by the applicant up to 3 days following the date of confirmation by the applicant.
g.2) As part of a direct sale, the artist is in charge of ensuring the delivery of the product within the terms and conditions he has detailed in its description of the announcement. The artist agrees to send properly (to the right address) and pack the product properly and to comply with all the conditions on which it is committed. The artist must proceed with the shipment of the product to the address specified by the applicant in accordance with the specified shipment.
h) When the product is shipped to the Client, the Seller agrees not to send any advertisements on behalf of themselves or another in any form whatsoever (e.g. messages, brochures, leaflets, stickers, etc.) The Buyer's details must only be used to carry out the transaction and the relevant legal obligations which apply. Any further use, hiring, sale, re-sale or copies from the Seller are strictly prohibited.
i) The Seller permits MYARTMAKERS to receive the transaction price in his/ her name and on his/ her behalf, through the secure online payments system in place on the MYARTMAKERS platform or by any other system certified by MYARTMAKERS at a later date. To this end, the Seller permits MYARTMAKERS, in his/ her name and on his/ her behalf to open a global escrow account with all credited sums, with a bank chosen by MYARTMAKERS or any other financial establishment offering similar Services.
j) By fixing a transaction price, the Seller must include all costs; this includes costs to create the product, costs to pack the product and costs to ship the product as well as all taxes. The Seller must also include in it the Commission of MYARTMAKERS which is 20% (TWENTY PER CENT) of the total transaction price (taxes, packing costs and transport costs included).

3.5 BUYER’S OBLIGATIONS
a) In some exceptional circumstances MYARTMAKERS may request to verify the Client’s ID for all purchases in order to prevent fraud. If the required information to verify a Client’s ID is not provided, MYARTMAKERS reserves the right to cancel the Client’s transaction.
b) The Client must respect all laws and regulations relating to the acquisition of goods of all types.
c) The Client has the obligation to validate the product before it is packed and shipped by the Seller. This validation is done via his account on MYARTMAKERS Website. To do so, the Seller has to send a good quality picture of the product to the Client. It will be asked to the Client to validate the product or to ask for a minor modification. This minor modification has to be within the scope of initial offer and cannot compromise the entire work made by the Seller. Once the minor modification has been done the Seller notifies the Client via his MYARTMAKERS account and the product is automatically validated. The online validation represents an acceptation of the product and is necessary prior to any shipment of the product. If the Client does not give any answer within 3 days after the validation request by the Seller, the product is automatically validated.
d) he Client has an obligation of being present for delivery, or to have someone he trusts present for delivery, at delivery date. Once the product has been received, the Client must confirm that it is the same product as originally ordered and that it hasn’t suffered any damage. The Client has 7 days after receiving the package to signal an anomaly to MYARTMAKERS (anomaly about the product or anomaly during transportation).
e) The Client’s evaluation must be objective and honest and must not contain anything which could be understood as an insult or slander. MYARTMAKERS reserves the right to remove all evaluations in breach of this rule.
f) In the case of Non-payment due to the use of a fraudulent means of payment, MYARTMAKERS will transfer to the Client all administration costs equal to the amount of 20% of the paid amount, however, these charges may be no less than 0.50 Euros (not including VAT). The Client must ensure that MYARTMAKERS receives the total unpaid amount and the additional administration costs.

3.6 CLAIMS AND RIGHT OF WITHDRAWAL
a) All claims of any kind relating to a Product must be sent to the MYARTMAKERS using the forms provided on the Website, or by registered post which must be signed for on delivery. The claim must give as much detail as possible, and clearly state the reasons for their dissatisfaction. Clients who make a claim can withdraw it at any time. All withdrawals are final.
b) The members must act promptly to resolve the claim. They must cooperate with MYARTMAKERS, and send all supporting documents requested, in order to resolve the claim: They must respect the methods stated below for the resolution of claims, or those communicated to them by MYARTMAKERS. If these methods are not respected, the claim will not be dealt with.
c) In cases where a claim has been made, the paid transaction price will be temporarily blocked by MYARTMAKERS on the global escrow account until the claim has been resolved. In the case of many claims being made against one sole member, MYARTMAKERS also reserves the right to temporarily block said member's activity on the Website.
d) In case of non-delivery of the product, the Client must wait a maximum of 14 days after the validation of the product, before making a claim with MYARTMAKERS if the ordered product fails to be delivered in full or in part. This does not apply in cases where the Seller has already indicated that the ordered product has not been sent. If MYARTMAKERS accepts a claim for non-delivery of a product, and there is no evidence of fraudulent activity, the Client may be reimbursed. If the Seller disregards the clauses regarding shipping, MYARTMAKERS cannot guarantee that they will be reimbursed if lost or stolen. If the product is returned to MYARTMAKERS after three unsuccessful delivery attempts and no complaint is received within the four months following the Notification, the Client will be reimbursed. The product then becomes the sole property of MYARTMAKERS.
e) If a complaint is received which indicates that a product ordered from the MYARTMAKERS Website significantly differs from its original description, the Client must return the product to the Seller. The return of a product shall only be permitted if it is the subject of a complaint, and provided the Client follows MYARTMAKERS's post-sale instructions. The Client must ensure that the product has been sufficiently packed before being shipped.
f) In cases where a product purchased by a Client has been returned and MYARTMAKERS has approved a request for reimbursement, MYARTMAKERS will then reimburse the transaction price to the Client and claim to the Seller payment of its commission. If the Seller refuses to pay to MYARTMAKERS its commission, MYARTMAKERS shall have the right to ban the Seller from the Website.
g) When a product has been returned by the Client to MYARTMAKERS in accordance with the conditions set out in this section and the transaction price has been refunded to him as per the conditions in this section, the Client is then relieved of all rights relating to the product, which is no longer his property.

3.7 LIABILITY
a) The Seller declares and guarantees to have the right to send the allocated product(s), that it has (they have) not in any way already been granted to, secured by, encumbered by or generally reserved for a third party, and that the transaction being carried out is unlikely to infringe the rights of a third party. The Seller testifies that he will ensure that his or her sale conforms to the legal rules.
b) Previous to listing an offer, the Seller will verify that the terms of use allow him to sell the product to someone else. The Seller guarantees and will compensate at MYARTMAKERS's first request, all damages sustained by MYARTMAKERS and all liability action carried out against MYARTMAKERS on the grounds of a third party’s rights being violated.
c) In the case of fraud (counterfeit, stolen goods, illegal importation etc.) MYARTMAKERS will report all necessary information, including names, to the relevant authorities dealing with fraud and breaches of the law.
d) MYARTMAKERS cannot be held liable for any comment written by a member online of an insulting or slanderous nature, or anything which generally goes against accepted standards.
e) Apart from an error on their part, MYARTMAKERS cannot be held liable for any damages sustained by a member. MYARTMAKERS cannot be held liable for any malfunction, breakdown, delay or interruption to the internet connection.
f) Apart from error on their part, MYARTMAKERS’s liability shall be financially limited to the equivalent of the transaction price, as per the Terms of Use for the MYARTMAKERS platform.

4- REGISTRATION OBLIGATIONS

In consideration of your use of MYARTMAKERS, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the MYARTMAKERS registration form and (b) maintain and promptly update such registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MYARTMAKERS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MYARTMAKERS has the right to suspend or terminate your account and refuse any and all current or future use of MYARTMAKERS (or any portion thereof).

5- ELIGIBILITY

You must be at least 13 years of age to agree to enter into this Agreement on your own behalf and to register as a Member.

6- CHILD SUPERVISION

Notwithstanding the Eligibility rules set out above parents who wish to allow their children (regardless of age) access to and use of the Website and Services must supervise their child's access and use of the MYARTMAKERS Website and Services at all times. It is your responsibility to determine which Services and which material on the Website may or may not be appropriate to your child. If you do not agree to (or cannot comply with) any of these Terms of Use do not permit your child to attempt to access the MYARTMAKERS Website. Please always use caution when revealing personally identifiable information about your child or yourself via the MYARTMAKERS Website or Services.

7- MODIFICATION OF COMMISSION

MYARTMAKERS reserves the right to alter, to depart from or to cease offering its Services at any time, taking into account MYARTMAKERS's legitimate interests and reasonable consumer expectations. Such modification will be duly notified through these Terms of Use. You can then decide if you want to continue to use such Service. Your continued use of the Service after the proposed fee modification has been posted for at least one month will be considered acceptance of the proposed fee modification.

8- MYARTMAKERS PRIVACY POLICY

Registration Data and certain other information about you are subject to the MYARTMAKERS Privacy Policy. For more information, see full MYARTMAKERS privacy policy at www.myartmakers.com Privacy Policy section.

9- ACCEPTABLE USE

9.1- You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (‘the Content’), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Website/Services you may be exposed to Content that is offensive and/or indecent.
MYARTMAKERS or any companies associated with MYARTMAKERS will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
9.2- In using the Website/Services you agree not to :
9.2.1- use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise
9.2.2- post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful
9.2.3- post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise
9.2.4- Threaten abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others
9.2.5- Use any information or material in any manner that infringes any copyright, trademark patent or other proprietary right of any party
9.2.6- Make available or upload files that contain a virus, worm, Trojan or corrupt data that may damage the operation of the computer or property of another
9.2.7- Collect or store personal information about others, including email addresses
9.2.8- Advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages
9.2.9- impersonate any person or entity for the purpose of misleading others
9.2.10- Violate any applicable laws or regulations
9.2.11- Use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services
9.2.12- Post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement)
9.2.13- Attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
9.3- We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms of Use or is otherwise objectionable.

10- CONTENT POSTED

10.1 MYARTMAKERS may delete any content that in the sole judgment of MYARTMAKERS violates this agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. If at any time MYARTMAKERS chooses, in its sole discretion, to monitor the MYARTMAKERS Services and Website, MYARTMAKERS nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the member submitting any such Content.
10.2 You are solely responsible for the Content that you post on the MYARTMAKERS Website or through any of the MYARTMAKERS Services, and any material or information that you transmit to other members and for your interactions with other members. MYARTMAKERS does not endorse and has no control over the Content. Content does not necessarily reflect the opinions or policies of MYARTMAKERS. MYARTMAKERS makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other members.

11- INDEMNITY

You agree to indemnify and hold MYARTMAKERS or companies associated with MYARTMAKERS harmless from and against any breach by you of these Terms of Use and any claim or demand brought against MYARTMAKERS or any companies associated with MYARTMAKERS by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation,
all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by MYARTMAKERS or companies associated with MYARTMAKERS in consequence of your breach of these Terms of Use.

12- LIABILITY DISCLAIMER

12.1 MYARTMAKERS will not be responsible for any incorrect or inaccurate Content posted on the MYARTMAKERS Website or in connection with the MYARTMAKERS Services, whether caused by Members of the MYARTMAKERS Services or by any of the equipment or programming associated with or utilized in the MYARTMAKERS Services. Profiles created and posted by Members on the MYARTMAKERS Website may contain links to other Websites. MYARTMAKERS is not responsible for the Content, accuracy or opinions expressed on such Websites, and such Websites are in no way investigated, monitored or checked for accuracy or completeness by MYARTMAKERS.
Inclusion of any linked Website on the MYARTMAKERS Services does not imply approval or endorsement of the linked Website by MYARTMAKERS. When you access these third-party sites, you do so at your own risk. MYARTMAKERS takes no responsibility for any third party advertisements which are posted on this MYARTMAKERS Website or through the MYARTMAKERS Services, nor does it take any responsibility for the goods or Services provided by its advertisers. MYARTMAKERS is not responsible for the conduct, whether online or offline, of any Member of the Website.
12.2 In addition, MYARTMAKERS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Member or Member communication. MYARTMAKERS is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the MYARTMAKERS Services or combination thereof.

13- CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON MYARTMAKERS

MYARTMAKERS does not claim ownership of Content you submit or make available for inclusion on MYARTMAKERS. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of MYARTMAKERS, you grant MYARTMAKERS the following worldwide, royalty free and non-exclusive license(s), as applicable:
• With respect to Content you submit or make available for inclusion on publicly accessible areas of MYARTMAKERS, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on MYARTMAKERS. This license exists only for as long as you elect to continue to include such Content on MYARTMAKERS and will terminate at the time you remove or MYARTMAKERS removes such Content from MYARTMAKERS.
• With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of MYARTMAKERS, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

14- GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that MYARTMAKERS may establish general practices and limits concerning use of MYARTMAKERS, including without limitation the maximum number of days that uploaded Content will be retained by MYARTMAKERS, the maximum disk space that will be allotted on the MYARTMAKERS servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access MYARTMAKERS in a given period of time.
You agree that MYARTMAKERS has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by MYARTMAKERS. You acknowledge that MYARTMAKERS reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MYARTMAKERS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

15- MODIFICATIONS TO SERVICE

MYARTMAKERS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, MYARTMAKERS (or any part thereof) with or without notice. You agree that MYARTMAKERS shall not be liable to you or to any third party for any modification, suspension or discontinuance of MYARTMAKERS.

16- TERMINATION AND CANCELLATION

The current contract is a permanent contract. As such, it can be cancelled at any moment by MYARTMAKERS or by the Member and can be terminated without reason, unless a Transaction is not completed; one party can simply inform the other of their intention to terminate the contract.
The suspension of the account only has consequences for the future. Therefore, despite the account having been suspended for whatever reason, the Member must still pay the Commission charges which were payable before the date of suspension.
You agree that MYARTMAKERS, in its sole discretion, may terminate your password, account (or any part thereof) or use of MYARTMAKERS, and remove and discard any Content within MYARTMAKERS, for any reason, including, without limitation, for lack of use or if MYARTMAKERS believes that you have violated or acted inconsistently with the letter or spirit of the TOS.
MYARTMAKERS may also in its sole discretion and at any time discontinue providing MYARTMAKERS, or any part thereof, with or without notice. You agree that any termination of your access to MYARTMAKERS may be effected without prior notice, and acknowledge and agree that MYARTMAKERS may immediately deactivate or delete your account and all related information and Content in your account and/or bar any further access to such Content or MYARTMAKERS.
Further, you agree that MYARTMAKERS shall not be liable to you or any third-party for any termination of your access to MYARTMAKERS.

17- PERSONAL DATA

MYARTMAKERS's databases containing the names of its members are collected, recorded and stored in accordance with the French Data Protection Law. Members have a legally granted right of access provided by the person responsible for the MYARTMAKERS platform.

18- FORCE MAJEURE

In instances of Act of God, the liabilities of the affected party shall be suspended, in particular if the situation arises due to :
- An act or omission by a government or the appropriate authorities
- The blockage or failure of a telecommunication network
- Insurrections, civil war, war, military operations, national or local state of emergency, fire, lightning, explosion, strike, flood, storm, the act of a third party.

19- TRADEMARK INFORMATION

MYARTMAKERS is a registered French trademark. Without prior permission from MYARTMAKERS, you agree not to display or use in any manner, the MYARTMAKERS trademark.

20- COPYRIGHTS

The copyright in France is governed by the law of 11 March 1957 and the Act of 3 July 1985, codified in the Code of intellectual property. The law recognizes as an author any individual who creates an artwork of mind regardless of its genre (literary, musical or artistic), its form of expression (oral or written), the merit or finality (goal artistic or utility).

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact the seller to resolve the issue. You can send a message to the Seller. If you are unable to resolve the issue with the Seller, please provide MYARTMAKERS with the following information :

  • 1. copy of your complete correspondence with the Seller ;
  • 2. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest ;
  • 3. a description of the copyrighted work or other intellectual property that you claim has been infringed ;
  • 4. a description of where the material that you claim is infringing is located on the site ;
  • 5. your address, telephone number, and email address ;
  • 6. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law ;
  • 7. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Notice of copyright or other intellectual property infringement can be sent to MYARTMAKERS as follows :
Email : abus@myartmakers.com
Adress : MYARTMAKERS. 41 Quai Richelieu
33000 Bordeaux
FRANCE

21- GOVERNING LAW

These Terms of Use shall be governed by and construed on accordance with the law of France and you hereby submit to the exclusive jurisdiction of the Paris courts in France.