GENERAL TERMS OF USE

 

PREAMBLE

BEAM PROD is an association governed by the French Law on associations of 1901 and aimed at the production and distribution of audiovisual and cultural projects. ARTESUR is a web 2.0 internet site designed to promote contemporary Art from Latin America. ARTESUR offers to professionals and lovers of contemporary Art a technical platform giving them the opportunity to spread and share contemporary art from Latin America.

 

A. DEFINITIONS

“Applications”: applications embedded on the Artesur.com website.

“Content”: any file (text, image, photo or video) uploaded or published on the Site by members.

“Member”: user who created a member account on the site Artesur.com.

“Site”: the website published under the domain name “Artesur.com.”, property of BEAM PROD.

“Terms of Use” or “TOU”: rules governing the relationship between users of the Site and Beam Prod in connection with the use of the Site.

“User”: either a member or a visitor of the Site.

“Visitor”:  user that is not a member of the Site.

 

B. INTRODUCTION

a. Purpose – The project Artesur of BEAM PROD aims at promoting contemporary art from Latin America. To this end, BEAM PROD allows users of the site to publicize their work, discover the works of artists, exchange ideas, create opportunities, make contact with institutions, come together, create a network around contemporary art from Latin America.

b. Compliance with Terms – The TOU govern the relationship between BEAM PROD and the Users of the site in the frame of the Artesur project. When accepting the TOU at registration or when communicating with the Beam Prod team during the launching phase of the Site, members agree to respect the BEAM PROD TOU. Visitor-only users agree not to violate the rules of intellectual property and public order when using the Site.

 

C. REGISTRATION AND ACCESS

a. In order to enjoy all the features of the site, Users can create an account by filling up the online form, thus becoming a Member. Members are free to change their personal information and settings at any time, including personal data information (G).

b. Once the form is sent, it is subject to validation by the BEAM PROD team. Registration is final only after the receipt by User of a BEAM PROD confirmation email with its username and password. Access to the member account can only be done by entering the username and password, of which the member is sole owner. The member makes sure his/her username and password remain confidential.

c. BEAM PROD has the right to cancel registration, terminate the right to a license of use, withdraw a member’s right of access to the site at any time  upon realization of conditions listed hereinafter (H).

 

D. OBLIGATIONS OF USERS

a. Users are responsible for ensuring that their content (images, photos, videos, text, avatars or comments):

i. Does not constitute a violation of third parties intellectual property rights;

ii. Does not constitute a violation of third party right to privacy or image (defamation, insults, abuse);

iii. Does not constitute a breach of public order and morality.

b. In any such case, BEAM PROD is allowed to remove the User’s content under the conditions specified in Section Hb, and to disable its account. In addition, members could personally face criminal sanctions.

c. Prior to publishing any content online and making it available to other Users, User guarantees BEAM PROD that they have been granted all necessary rights and authorizations from third party owners and have bought all necessary license fees to use any of the works of which they are not the author.

d. In case any content posted by a member causes a violation of intellectual property rights, any user can notify BEAM PROD by sending an alert, using the tab “report content”.

 

E. OBLIGATIONS OF BEAM PROD

a. Liability for hosting and editing the Site

i. As the editor the Site, BEAM PROD has an obligation to respect the regulations in force, including the rules protecting intellectual property rights and public order.

ii. In order limit the consequences of third party IP-rights violation by Users, BEAM PROD has set up a notification procedure for Users to notify illegal content to the BEAM PROD moderation team. BEAM PROD will make its best efforts to remove reported illegal content.

iii. BEAM PROD has an obligation to retain connection data of the members treated in compliance with the legal provisions regarding personal data, detailed below (G).

 

F. INTELLECTUAL PROPERTY

a. BEAM PROD INTELLECTUAL PROPERTY

i. The website Artesur.com as a whole is owned by Beam Prod.

ii. BEAM PROD grants users a free, personal, non-exclusive, non-transferable right to access and use the Site subject to acceptance of the TOU, limited to the use of the website.

iii.Content other than content posted by users (Fb) included and / or accessible and / or through the Site, including any text, graphics, logos, names, marks, names, tabs, features, images, sounds , data, photographs, graphics, and any other materials or applications (“Content BEAM PROD”) is the exclusive property of the authors BEAM PROD or she has obtained permission to use. Users have no right to use the content BEAM PROD for purposes other than those covered by these Terms.

iv. Users are not allowed to reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used on the Site, or any part thereof

v.Unless authorized by BEAM PROD, users are not allowed to grant or otherwise transfer any of their rights to use the Site as granted under these TOU.

b. Content posted by users

i. Users remain sole owners of their content and may withdraw it at any time, without prejudice to the licence granted to BEAM PROD under the TOU (ii).

ii. Where online content is protected by intellectual property rights, users grant BEAM PROD a royalty-free, perpetual, worldwide licence to copy, prepare derivative works of, distribute, publish, retain and process their content under any format (paper, photo, video, DVD and other digital format existing or to be invented in the future) and through any medium (television, internet, e-mail, radio), for any non-commercial purpose related to the use of the Site and to the communication (internal and external), promotion, fundraising and development of cultural partnerships for the Artesur project.

 

G. PERSONAL DATA

a. As a nonprofit association, BEAM PROD is subject to exemption decision n°2010-229 of June 10 of the National Commission for Data Protection on the collection and retention of personal data.

b. By “data”, BEAM PROD means all data provided by users when creating an account on the Site or that will be collected through the use of the Site.

i. Registration data are the username, full name, gender, date of birth, mailing address and valid email address. These enrollment data are not public. However, the user can decide to publish some of this data when choosing the privacy setting of his member account.

ii. Connection data is collected automatically at the connection on the Site. These data do not alone identify the user. It is also possible that anonymous information is stored regarding the use of the Site through an automated process tracing, or “cookie”. In any case, it is  anonymous.

c. Purpose of processing – Data is processed for the purposes set out below and more generally to comply with the decision of the CNIL referred to above.

i. Purposes of processing of registration data

1. These data are necessary to create and manage user accounts and the use by members and users of the site features (search, easy navigation, calendar, location directory, etc.).

2. These data are not collected for commercial purposes, unless users give their consent;

3. BEAM PROD does not use e-mail addresses or other information that could personally identify the user without his consent, except in the context of a specific function that users can activate or block via their privacy settings. BEAM PROD may, however, use the email address to send users a newsletter.

ii. Purposes of processing usage data – data enable BEAM PROD perform statistics on the consultation pages of the Site (eg, analyze the traffic generated on our site).

d. Recipient of the data – the data is intended only to BEAM PROD. They are not subject to any disclosure to third parties, except in case of prior agreement with user. However, user is informed that its personal data may be disclosed for the purpose of complying with regulation in force or in execution of a decision of a regulatory authority or judicial authority.

e. Data Security – BEAM PROD implements all appropriate measures to limit risks of loss, damage or misuse of User personal data. We ask Users to choose a password when opening an Account, which helps protect their account against any unauthorized access. Users are responsible for maintaining the confidentiality of their password.

f. Data Retention – Data is stored on BEAM PROD servers and is retained for the duration strictly necessary to use the account. After cancellation of the account for any reason whatsoever, the data and the content will be retained for a reasonable time. Beyond this period, the data and the content will be removed from BEAM PROD servers.

g. Rights of users – all users have the right to access, modify and delete data. Users may at any time access and modify the information associated with their account. Users can also use its right of access and modification of personal data, by sending BEAM PROD a request email through the “Contact” section or by mail at the following address: BEAM PROD [address].

 

H. END OF SUBSCRIPTION, TERMINATION

a. Termination at the initiative of a member – Any member has the right to unsubscribe at any time by simply sending BEAM PROD an email.

b. Termination, suspension of access – In case of failure to comply with the member obligations of the TOU, BEAM PROD can suspend or terminate a member’s personal account access, and temporarily or permanently disable its account.

c. Effects of disabling the account – BEAM PROD agrees to delete the account and the content submitted by the member within a reasonable time, as required by regulations on personal data. The termination of a member account occurs without prejudice to other rights acquired by BEAM PROD under these TOU.

 

I. GOVERNING LAW, JURISDICTION

Any dispute regarding the validity or the execution of these Terms of Use is subject to French law ; any claim arising from a violation of these Terms shall be brought before the Tribunal de Grande Instance de Paris (75).