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Terms of Use

Artebooking is a Social Network and publication platform for Art Professionals.

Introduction

Artebooking aims to connect the world's art professionals to allow them to be more visible and successful. Artebooking services are designed to promote art work business and idea by enabling Artebooking registered users (Members) to meet, exchange ideas, concepts, and find opportunities, employment, work or new talents. Artebooking registered users (Members) share their professional identities, engage with their network, exchange knowledge and professional insights, post and view relevant content, and find opportunities. Content on some of our services is also visible to unregistered viewers (Visitors)

User Agreement

You agree that by using Artebooking services as visitor or member, accessing or using our services, or any content or information provided as part of these services, you are entering into a legal agreement and you agree to all of these terms. You also agree to our Privacy Policy, which covers how we collect, use, share, and store your personal information.

You agree that by registering, accessing or using our services as member or visitor,or viewing any content or information provided as part of these services, you are entering into a legally binding agreement with the editor as detailed in legals also called "Artebooking" in this agreement.

This agreement includes this User Agreement and the Privacy Policy, and all notification and terms that will be displayed to you when using the service. This agreement may be amended by Artebooking from time to time. We will always let you know when we make significant changes to this Privacy Policy (information displayed on web pages). If you do not agree to this agreement or new version published, do NOT register and do not access or otherwise use any of our Services. If you do not agree to this agreement or new version published, and already registered, please unregister, all you data will be deleted. Registered users of our Services are Members and unregistered users are Visitors. This Agreement applies to both.

Artebooking may share your public information without your prior consent.

User Obligations

To use the Services, you agree that you must be the Legal Age or older for using the service, and that you will register with your real name. Legal Age means : 18 years old for the People's Republic of China, 16 years old for the Netherlands, 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and 13 years old for all other countries. However, if law requires that you must be older for using our services then the Legal Age is such older age. You commit yourself to respect the law. In any cases, the Services are not for use by anyone under the age of 13.

You'll keep your password a secret. You will not share an account with anyone else and will follow our rules and the law.
Your account belongs only to you. You agree to: choose a strong and secure password, keep your password secure and confidential. You are responsible for anything that happens through your account unless you close it.

You promise that your Artebooking profile will be truthful.(surname, name, e-mail, address, country...)

You agree and accept that we use our platform and your email to provide you with important notices. You agree to keep your contact information up to date. If the contact information you provide are not up to date, you may miss out some of these notices. You agree that we may provide notices to you on your account, through banner on the service, per e-mail or detailed in this agreement and its next versions.

When you share information, you agree to the fact that others can see, copy and use that information. You agree that Artebooking shall not be liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the services.

You commit commit yourself to only provide legal information with respect to intellectual property rights. (creativ commons,author, copiright etc). You promise to only provide truthful information and content that you have the right to share

User rights

You own all of the content, and personal information you provide to us, but you are responsible for any information you post on Artebooking, and this content will be accessible to others. You own the content and information that you submit or post to the Services and you are only granting Artebooking the following non-exclusive license: A worldwide, transferable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. You promise to only provide truthful information and content that you have the right to share.

User rights limits

Artebooking is not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice. Artebooking reserves the right to limit your use of the Services, to restrict, suspend, or terminate your account if Artebooking believes that you may violate this Agreement or law or are misusing the Services. Some laws do not allow the limitation or exclusion of liability, therefore, users within these countries and jurisdictions are not entitled to access to Artebooking services and are not allowed to sign in or register. We may change or discontinue any of our Services. We can't promise to store or keep showing any information and content you have posted. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as described in our Privacy Policy

Payment

If you purchase any of our paid Services (Premium Services), you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. We do not guarantee refunds. Transactions are carried out exclusively in euros (EUR) or in US Dollar (USD).

Online sales

Transactions are carried out exclusively in euros (EUR) or in US Dollar (USD). The conditions for setting up sales online solutions and online payment are subject to a specific Agreement between the seller and Artebooking, which starts when the members publish items for sales online on Artebooking platform. These conditions are detailed bellow:
Artebooking basic service is to offer online sales with no commission.
- When buyer select direct payment to buyer without using Artebooking online payment system, no extra charge applied.
- When buyer select payment throught Artebooking online payment system we ask our sellers to cover transaction processing fees of 8,5% without VAT.
This 8,5% surcharge is applied to the order total, inclusive of shipping. This 8,5% surcharge includes payment institution transaction costs, artebooking accounting costs and administration fees. We are obliged to charge 19% VAT on our 8,5% transaction processing fees (service provided to our sellers) to some sellers.
VAT is currently chargeable by Artebooking in the following circumstances:
- You are resident in Germany
- You are resident in the EC (not Germany) but not VAT registered

Disclaimer and Limit of Liability

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

To the extent allowed under law, Artebooking and its partners disclaim all implied warranties and representations, do not guarantee that the services will function without interruption or errors, and provide the service "as it is". Some laws do not allow the limitation or exclusion of liability, therefore, users within these countries and jurisdictions are not entitled to access to Artebooking services and are not allowed to sign in or register.

To the extent permitted under law, Artebooking and its partners shall not be liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the services. Under no circumstances shall the liability of Artebooking and its partners exceed, in the aggregate for all claims, an amount that is the lesser of : three times the most recent monthly fee that you paid for a premium service, if any, or 350 Euros. This limitation of liability shall apply to all claims of liability (warranty, tort, negligence, contract, law...) and even if Artebooking has been told of the possibility of any such damage, and even if these remedies fail their essential purpose. Some laws do not allow the limitation or exclusion of liability, therefore, users within these countries and jurisdictions are not entitled to access to Artebooking services and are not allowed to sign in or register.

Termination

Both parties can each end this Agreement anytime they want. Artebooking or user may terminate this Agreement at any time without notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination: members and visitors rights to further share content and information you shared through the Service prior to your termination, any amounts due by either party prior to termination remain due after termination.

Complaints Regarding Content

We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a process for complaints concerning content posted by our Members.

Dispute Resolution

Case we end up in a legal dispute, it will take place in a Rennes court (France), applying French law. You agree that the laws of France, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the Karlsruhe Bade-Würtemberg court, Germany and we each agree to personal jurisdiction in this court.

Updated 2016.01.14

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