ATELIER DE DROUOT® – Copyright & Legal Terms
Date of Last Revision: 2015-11-12
1. COPYRIGHT & PROPERTY
OEUVRE 100% PROTÉGÉES – Le présent concept et ses projets associés sont protégés par les lois nationales françaises et internationales. Ils ont été officiellement enregistrés auprès de divers organismes compétents dûment autorisés à la protection des droits de propriété intellectuelle(*).
Le présent concept et ses projets associés sont la propriété exclusive de l’Atelier de Drouot® et de ses marques déposées – ci-dessous nommés « ATELIER DE DROUOT ».
Toutes les informations contenues dans le présent concept et ses projets associés sont totalement confidentielles. Toute violation de ladite clause expose le contrevenant aux sanctions pénales punissant la violation du secret professionnel. Le seul fait d’en prendre connaissance vaut engagement de respecter cette clause de confidentialité et de tenir secrètes et de ne pas divulguer à tout tiers, de quelque manière que se soit, les informations confidentielles, et à ne pas les exploiter directement ou indirectement, sauf accord préalable et écrit d’ATELIER DE DROUOT.
Toute représentation ou reproduction intégrale ou partielle, faite sans le consentement d’ATELIER DE DROUOT ou de ses ayants droit ou ayants cause, est illicite (Code international de la propriété intellectuelle). Cette représentation ou reproduction, par quelque procédé que ce soit, constituerait donc une contrefaçon et une violation de la propriété intellectuelle sanctionnées par les lois internationales.
Toutes les autres marques déposées, marques de commerce et noms de marques mentionnés ou utilisées dans ce concept et ses projets associés appartiennent à leurs propriétaires respectifs.
Pour plus d’information, contactez : firstname.lastname@example.org
Le site ATELIERDEDROUOT.FR est édité par :
ATELIER DE DROUOT®
Siège social :
45 rue du Faubourg Montmartre
SARL au capital de 10.000, 00 €
Gérante: Mme Corinne CAVALIER
RCS Paris B 534 600 754
SIRET : 534 600 754 00012
Directeur de la publication : Mme. Corinne CAVALIER
2. TERMS OF SERVICE (TOS)
A. ACCEPTANCE OF TERMS
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE OR THE SERVICES OFFERED THROUGH THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, RULES AND GUIDELINES OF ATELIER DE DROUOT REFERENCED ON THE SITE. IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THIS WEB SITE OR ANY OF THE SERVICES OR FEATURES OFFERED THROUGH THE SITE
These terms of service (“TOS”) apply to your access to, and use of, the Web site of The Fiboncci FACTORY®. (« ATELIER DE DROUOT”), located at www.atelierdedrouot.fr, as well as its application, widget, and gadget for social networks (including but not limited to Facebook Platform, MySpace Platform, Google OpenSocial and iPhone App Store) and from time to time at other URLs as may be owned, managed or controlled by ATELIER DE DROUOT (the « Site ») and the Service (as defined below).
These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with ATELIER DE DROUOT, or its subsidiaries or affiliates, for products, services or otherwise. In addition, your use of particular ATELIER DE DROUOT owned or operated services, shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. ATELIER DE DROUOT may at its sole discretion also offer other services that are governed by different TOS.
B. MODIFICATIONS TO TOS
ATELIER DE DROUOT reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
C. DESCRIPTION OF SERVICE
ATELIER DE DROUOT provides users with access to a set of photo and image related services and other services, features, tools and resources, which may be accessed through various media or devices now known or hereafter developed (the « Service »). You also understand and agree that advertisements may appear on the Site and in connection with the Service, and that these advertisements are necessary for ATELIER DE DROUOT to provide the Service. You also understand and agree that the Service may include certain communications from ATELIER DE DROUOT, such as service announcements, administrative messages and that these communications are considered part of ATELIER DE DROUOT’ Service and you consent to receiving such communications. Unless explicitly stated otherwise, any new services or features provided by ATELIER DE DROUOT through the Site, shall be subject to the TOS.
You understand and agree that the Site and the Service are provided « AS-IS » and that ATELIER DE DROUOT assumes no responsibility for the timeliness, deletion mis-delivery or failure to store any user content, communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. The Service may automatically download and install updates from time to time from ATELIER DE DROUOT. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new modules and completely new versions. You agree to receive such updates (and permit ATELIER DE DROUOT to deliver these to you) as part of your use of the Service.
Please be aware that the Service may contain adult or mature content. You may enable or disable adult content when you register or in the user preference area of the site. The default will be to have adult content disabled, and you must represent and warrant to us that you are at least 18 years of age to enable adult content. However, we do not have any obligation to monitor or control access to such materials on the Site, and we cannot guarantee that adult content will not be available even if adult content is disabled.
D. YOUR REGISTRATION OBLIGATIONS
You can accept the TOS either by clicking to accept or agree to the TOS (where this option is made available to you by ATELIER DE DROUOT in the user interface for any Service) or by actually using or accessing the Site or the Service. In this case, you understand and agree that ATELIER DE DROUOT will treat your use or accessing of the Site or the Service as acceptance of the TOS from that point onwards.
By registering for the Service, you represent that you are at least 13 years old and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the « Registration Data »); (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ATELIER DE DROUOT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ATELIER DE DROUOT may suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
If you are a legal guardian, please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service and/or Content (as defined in Section G below) are appropriate for your child. You may not use the Service and may not accept the Terms if you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Service.
Where ATELIER DE DROUOT has provided you with a translation of the English language version of the TOS, then you agree that the translation is provided for your convenience only and that the English language versions of the TOS will govern your relationship with ATELIER DE DROUOT. If there is any contradiction between what the English language version of the TOS says and what a translation says, then the English language version shall take precedence.
In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect ATELIER DE DROUOT’ systems and customers, or to ensure the integrity and operation of ATELIER DE DROUOT’ business and systems, ATELIER DE DROUOT may access and disclose any information from your account it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted content. ATELIER DE DROUOT’ right to disclose any such information as described above shall govern over any contrary terms in any agreement or policy of ATELIER DE DROUOT.
F. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to
- immediately notify ATELIER DE DROUOT of any unauthorized use of your password or account or any other breach of security email@example.com, and
- ensure that you exit from your account at the end of each session. ATELIER DE DROUOT cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
G. USER CONTENT AND MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, communications, tags, or other materials (« Content »), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not ATELIER DE DROUOT, are entirely responsible (and that ATELIER DE DROUOT has no responsibility to you or to any third party) for all Content that you upload, post, email, communicate, transmit or otherwise make available via the Service, for your interactions with other users of the Service, and for the consequences of your actions (including any loss or damage which ATELIER DE DROUOT may suffer) by doing so.
ATELIER DE DROUOT does not control and is not responsible or liable in any manner for the Content posted by its users (« User Content ») or other third parties and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Nor is ATELIER DE DROUOT liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Your use of the Service is at your own risk. Under no circumstances will ATELIER DE DROUOT be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. As a provider of interactive services, ATELIER DE DROUOT is not liable for any statements, representations or Content provided by its users or other third parties on the Site or in connection with the Service.
You agree to not use Site or the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, fraudulent, threatening, abusive, harassing, inflammatory, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s right of privacy or publicity, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- upload, post, email, transmit or otherwise make available any Content that contains nudity or graphic violence, is sexually explicit, or is otherwise inappropriate for children (« Adult Content ») that is not flagged as such as described in the TOS;
- impersonate any person or entity, including, but not limited to, a ATELIER DE DROUOT official, user, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, communicate, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, communicate, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; by posting any Content, you represent and warrant that you have the lawful right to use, display distribute, and reproduce such Content;
- upload, post, email, communicate, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, « junk mail, » « spam, » « chain letters, » « pyramid schemes, » or any other form of solicitation, except in those areas that from time to time may be designated for such purpose;
- upload, post, email, communicate, transmit or otherwise make available any Content or other material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, post, email, communicate, transmit or otherwise make available any Content or other material that contains private information of any third party, including without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- disrupt the normal flow of dialogue, cause a screen to « scroll » faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to use the Service;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any rules of any national or other securities exchange, and any regulations having the force of law;
- encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- « stalk » or otherwise harass another;
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above; and/or
upload, post, email, communicate, transmit or otherwise make available any Content or materials that, in the sole judgment of ATELIER DE DROUOT, is objectionable or which restricts or inhibits any other person from using or enjoying the Site or the Service, or which may expose ATELIER DE DROUOT or its users to any harm or liability of any type.
Any use of the Site or the Service in violation of the foregoing violates this TOS and may result in, among other things, termination or suspension of your rights to use the Site and the Service. You acknowledge that ATELIER DE DROUOT may or may not pre-screen or monitor third party Content, but that ATELIER DE DROUOT and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse, delete, block access to or remove any Content that is available via the Service at any time and for any reason (or for no reason) without notice. Without limiting the foregoing, ATELIER DE DROUOT and its designees may, but are not obligated to, remove or refuse any Content that violates the TOS or that ATELIER DE DROUOT deems objectionable in its sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, legality, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by ATELIER DE DROUOT or submitted to ATELIER DE DROUOT.
You agree that if any Content you post on the Site contains any Adult Content as defined below, you will flag all such Adult Content as such using the tools and resources provided by the Service prior to posting such Content.
You acknowledge, consent and agree that ATELIER DE DROUOT may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the TOS;
- respond to claims that any Content violates the rights of third parties;
- respond to your requests for customer service; or
- protect the rights, property or personal safety of ATELIER DE DROUOT, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by ATELIER DE DROUOT and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
H. INTERSTATE NATURE OF COMMUNICATIONS ON ATELIER DE DROUOT NETWORK
When you register with ATELIER DE DROUOT, you acknowledge that in using ATELIER DE DROUOT services to send electronic communications (including but not limited to email, search queries, sending messages, uploading photos and files, and other Internet activities), you will be causing communications to be sent through the ATELIER DE DROUOT computer networks, portions of which are located in various locations in the United States and portions of which may be located abroad. As a result, and also as a result of ATELIER DE DROUOT’ network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
ATELIER DE DROUOT may allow or facilitate you and the people with whom you communicate to save your communications. Your agreement to this TOS constitutes your consent to allow ATELIER DE DROUOT to store these communications on its servers. From time to time ATELIER DE DROUOT may send you notices to let you know about important information regarding the Service. Such messages may not be received if you violate this TOS by accessing the Service in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
I. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the France or the country in which you reside.
J. RIGHTS IN CONTENT YOU SUBMIT OR MAKE AVAILABLE FOR INCLUSION ON THE SERVICE
ATELIER DE DROUOT does not claim ownership of Content you post, submit or make available for inclusion on the Service. You retain all rights in and ownership of such Content, but you hereby grant ATELIER DE DROUOT and its partners the worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Site, in connection with the Service and in promotional and marketing materials and activities related to ATELIER DE DROUOT services and products.
When you post or submit Content for inclusion on publicly accessible areas of ATELIER DE DROUOT, you agree to grant to other users one of the following licenses (each a » License ») with respect to such Content unless you designate such Content as All Rights Reserved (using the available user settings) or such Content is in the public domain (in which case you will so indicate):
Creative Commons Licenses:
- Attribution (by) – This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licenses offered, in terms of what others can do with your works licensed under Attribution. The complete terms for the Attribution license are attached here and are incorporated herein by this reference.
- Attribution Share Alike (by-sa) – This license lets others remix, tweak, and build upon your work even for commercial reasons, as long as they credit you and license their new creations under the identical terms. This license is often compared to open source software licenses. All new works based on yours will carry the same license, so any derivatives will also allow commercial use. The complete terms for the Attribution Share Alike license are attached here and are incorporated herein by this reference.
- Attribution No Derivatives (by-nd) – This license allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to you. The complete terms for the Attribution No Derivatives license are attached here and are incorporated herein by this reference.
- Attribution Non-commercial (by-nc) – This license lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms. The complete terms for the Attribution Non Commercial license are attached here and are incorporated herein by this reference.
- Attribution Non-commercial Share Alike (by-nc-sa) – This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms. Others can download and redistribute your work just like the by-nc-nd license, but they can also translate, make remixes, and produce new stories based on your work. All new work based on yours will carry the same license, so any derivatives will also be non-commercial in nature. The complete terms for the Attribution Non Commercial Share Alike license are attached here and are incorporated herein by this reference.
- Attribution Non-commercial No Derivatives (by-nc-nd) – Choose by-nc-nd license. This license is the most restrictive of the six main Creative Commons licenses, allowing redistribution. This license is often called the “free advertising” license because it allows others to download your works and share them with others as long as they mention you and link back to you, but they can’t change them in any way or use them commercially. The complete terms for the Attribution Non Commercial No Derivatives license are attached here and are incorporated herein by this reference.
The default License that will be applicable to all Content you post on publicly accessible areas of ATELIER DE DROUOT, unless you designate a different License with respect to a particular item of Content, select a different default option where available or designate the Content as All Rights Reserved using the applicable user settings, is the « Attribution (by) » license. You may change this default at any time, and you may select a different License for any particular item of Content or indicate that it is in the public domain. By posting such Content to publicly accessible areas of ATELIER DE DROUOT, you hereby grant to anyone the right to use such Content in accordance with the terms of the applicable License (see Creative Commons FAQ for further information on the Creative Commons licenses). You represent and warrant that
- you own and control all of the rights to the Content that you post or you otherwise have the right to post such Content to the Site and grant the licenses granted hereunder;
- the Content is accurate and not misleading and
- use and posting of the Content you supply does not violate these TOS and will not violate any rights of or cause injury to any person or entity.
You agree that the license you grant to ATELIER DE DROUOT includes a right for ATELIER DE DROUOT to make such Content available to other companies, organizations or individuals with whom ATELIER DE DROUOT has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services. You also confirm and warrant to ATELIER DE DROUOT that you have all the rights, power and authority necessary to grant the above licenses as provided in the TOS.
K. CONTRIBUTIONS TO ATELIER DE DROUOT
By submitting ideas, suggestions, documents, and/or proposals (« Contributions ») to ATELIER DE DROUOT through its suggestion or feedback web pages, you acknowledge and agree that:
- your Contributions do not contain confidential or proprietary information;
- ATELIER DE DROUOT is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
- ATELIER DE DROUOT shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
- ATELIER DE DROUOT may have something similar to the Contributions already under consideration or in development;
- (e) your Contributions automatically become the property of ATELIER DE DROUOT without any obligation of ATELIER DE DROUOT to you; and
- you are not entitled to any compensation or reimbursement of any kind from ATELIER DE DROUOT under any circumstances.
L. DELETION OF USER CONTENT
You understand and acknowledge that once you post or submit Content for inclusion on publicly accessible areas of ATELIER DE DROUOT, you are granting a license to such Content (as set forth in Section G). This means that even if you delete Content from your account, it may still appear on the Site in other locations and be used by ATELIER DE DROUOT and users of the Site in accordance with the licenses granted in Section J of this TOS. You may request that ATELIER DE DROUOT delete from the Site certain Content you posted by sending a deletion request at firstname.lastname@example.org. ATELIER DE DROUOT will consider such requests, but you acknowledge that ATELIER DE DROUOT has sole discretion to determine whether or not to delete such Content.
You agree to indemnify and hold ATELIER DE DROUOT and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, communicate, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
N. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your ATELIER DE DROUOT ID), use of the Service, or access to the Service.
O. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that ATELIER DE DROUOT may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages, postings or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by a user on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on ATELIER DE DROUOT’ servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that ATELIER DE DROUOT has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense. You acknowledge that ATELIER DE DROUOT reserves the right to log off and / or terminate accounts that are inactive for an extended period of time. You further acknowledge that ATELIER DE DROUOT reserves the right to modify these general practices and limits from time to time without notice.
P. MODIFICATIONS TO SERVICE
ATELIER DE DROUOT reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Site or the Service (or any part thereof) with or without notice. You agree that ATELIER DE DROUOT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Notwithstanding anything to the contrary herein, ATELIER DE DROUOT reserves the right, without notice and in its sole discretion, to terminate your account and your right to use the Site and the Service, and to block or prevent future your access to and use of the Site and the Service. You are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense Such terminations shall be made in ATELIER DE DROUOT’ sole discretion, and ATELIER DE DROUOT shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
R. DEALINGS WITH ADVERTISERS
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information collected from you. The manner, mode and extent of advertising by ATELIER DE DROUOT on the Services are subject to change without specific notice to you. In consideration for ATELIER DE DROUOT granting you access to and use of the Services, you agree that ATELIER DE DROUOT may place such advertising on the Services. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ATELIER DE DROUOT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
S. THIRD PARTY CONTENT
ATELIER DE DROUOT provides third party information and content on the Site (the « Third Party Content ») as a service to those interested in this information. ATELIER DE DROUOT does not monitor or have any control over any Third Party Content, does not endorse or adopt any Third Party Content and can make no guarantee as to the accuracy or completeness of such content. ATELIER DE DROUOT makes no representation or warranty of any kind regarding Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content at their own risk.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ATELIER DE DROUOT has no control over such sites and resources, you acknowledge and agree that ATELIER DE DROUOT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ATELIER DE DROUOT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
U. PROPRIETARY RIGHTS; LICENSE TO USE SITE AND CONTENT
You acknowledge and agree that the Site, the Service, and all Content contained in the Site and the Service (collectively the « Site Materials ») are the proprietary property of ATELIER DE DROUOT and its licensors, advertisers and users and are protected by applicable intellectual property and other laws.
You are granted a limited, non-sublicensable license to access and use the Site and the Site Materials, on the terms and conditions set forth in this TOS. Your use of the Site and the Site Materials shall be for your informational, non-commercial and personal use only, provided, however, that this shall not preclude you from using User Content as permitted by this TOS and the relevant License governing such User Content. Except as otherwise specifically provided in this TOS or otherwise in writing by ATELIER DE DROUOT, this license does not include:
- any resale, lending or commercial use of the Site or the Site Materials therein;
- the distribution, public performance or public display of any Site Materials,
- modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof;
- use of any data mining, robots or similar data gathering or extraction methods;
- downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or
- any use of the Site or the Site Materials other than for its intended purpose.
Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of ATELIER DE DROUOT, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. This license is revocable at any time.
ATELIER DE DROUOT grants you a personal, non-transferable and non-exclusive right and license to use the object code of any software used in connection with the Site or the Service (the « Software ») on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. Certain Software may also be subject to, and you hereby agree to, the terms and conditions of any end user license agreement that accompanies such Software. You agree not to access the Service by any means other than through the interface that is provided by ATELIER DE DROUOT for use in accessing the Service.
The images and related User Content posted on publicly accessible areas of ATELIER DE DROUOT, are licensed to you for your use by the user who posted such Content in accordance with the License designated for such User Content (as set forth on the Site) unless the User Content has been designated as All Rights Reserved (in which case you may only use such content with the express permission of the owner of the User Content). Any use is subject to the terms and conditions of the applicable License (see Section J for descriptions of the various Licenses and a links to the applicable license terms). You acknowledge that such License only covers the copyright in the User Content, that there may be other rights in and to such User Content for which you need to obtain a license before using such Content (e.g. right of publicity, trademark rights, etc.) and that such rights may be owned by someone other than the user who posted the User Content. You understand ATELIER DE DROUOT makes no representations or warranties regarding User Content or the ownership or licensing thereof, and cannot guarantee that the person granting the License has the right to grant such license. You use such User Content at your own risk.
Unless you have agreed otherwise in writing with ATELIER DE DROUOT, nothing in the TOS gives you a right to use any of ATELIER DE DROUOT’ trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
V. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE, THE SITE MATERIALS AND THE SERVICE IS AT YOUR SOLE RISK. THE SITE, THE SITE MATERIALS AND THE SERVICE IS PROVIDED ON AN « AS IS » AND « AS AVAILABLE » BASIS. ATELIER DE DROUOT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ATELIER DE DROUOT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT
- THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS;
- THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICE WILL BE ACCURATE OR RELIABLE;
- THE QUALITY OF ANY PRODUCTS, SERVICES, SITE MATERIALS, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR THE SERVICE WILL MEET YOUR EXPECTATIONS; AND
- ANY ERRORS IN THE SOFTWARE OR OTHER SITE MATERIALS WILL BE CORRECTED.
ANY SITE MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH SITE MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ATELIER DE DROUOT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ATELIER DE DROUOT DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR OTHER SITE MATERIALS OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
W. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ATELIER DE DROUOT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ATELIER DE DROUOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
- ANY OTHER MATTER RELATING TO THE SERVICE.
X. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Y. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
ATELIER DE DROUOT may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed.
AA. CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
In accordance with the Digital Millennium Copyright Act, and other applicable law, ATELIER DE DROUOT has adopted a policy of terminating, in appropriate circumstances and at its discretion, the accounts of users who may be deemed to be repeat infringers. If you believe that anything on the Site infringes upon any copyright you own, please provide notice to ATELIER DE DROUOT’ Copyright Agent as designated below:
ATELIER DE DROUOT’ Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
- Name of Designated Agent : MASURE & CHAVAGNON – Paris | FRANCE
- Full Address of Designated : http://www.chamas-avocats.com
- E-Mail Address of Designated Agent : email@example.com
AB. GENERAL INFORMATION
Choice of Law and Forum. The TOS and the relationship between you and ATELIER DE DROUOT shall be governed by the laws of the France without regard to its conflict of law provisions. You and ATELIER DE DROUOT agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Paris, FRANCE.
Waiver and Severability of Terms. The failure of ATELIER DE DROUOT to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your ATELIER DE DROUOT account is non-transferable and any rights to your ATELIER DE DROUOT ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to firstname.lastname@example.org