Terms & conditions
TERMS AND CONDITIONS OF USE
Last updated: April 8, 2019
Please read these terms of use ("Agreement" or "Terms of Use") carefully before using the Vie d’Artiste mobile application (the "Service") operated by Vie d’Artiste LTD ("Vie d’Artiste", "us", "we", "our").
By accessing or using the Service you (the "user" or "you") agree to be bound by these Terms, including those additional terms and conditions and policies reffered to here and/or available by hyperlink. These Terms apply to all visitors, users and others who access or use the Service.
1. Content and Services
Vie d’Artiste is a platform to connect artists (« VA members » ou « VA team ») wherever they are, to facilitate collaborations and share artistic content.
The goal of the application Vie d’Artiste is to create a community driven digital platform that allows users from the creative industries i.e. music, Media, film and other likeminded professionals to communicate and collaborate via the application which acts as a social enabler and a productivity tool.
The application will locate all the artists around you everytime tou cross paths with them in real life, their profile show on your timeline which gives the users the opportunity to search for VA members.
You will be able tou search by various categories : country, city, occupation and gender, genre, interest, type etc.
You only get messages from people you are interested in.
2. Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Vie d’Artiste LTD.
Vie d’Artiste LTD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Vie d’Artiste LTD 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 web sites or services.
3. Membership eligibility
Users are required to adhere and to the following requirements in order to make use of the Vie d’Artiste Services: - Users must be at least 18 years old. - Users must not be prohibited to receive the Vie d’Artiste Services according to applicable laws. - Users must not have been previously restricted by Vie d’Artiste to use its Services, due to inappropriate behaviour or violation of the terms and conditions of use. - Users must not impersonate other persons, businesses or other users, and must provide accurate information where asked to by Vie d’Artiste and its employees. - Users must not engage in unlawful, misleading, fraudulent or illegal activities in relation to the Vie d’Artiste Services or other Users. - Users must not buy, sell, or transfer any aspect of their account. - Users must not interfere with or impair the intended operation of the Vie d’Artiste Services. - Users must not create accounts, access or collect information in an automated way without express permission from Vie d’Artiste LTD, and must not make use of any of the Vie d’Artiste Services with the purpose of information collection.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Vie d’Artiste LTD of any unauthorised use of your password or any breach of security. You also agree that Vie d’Artiste LTD cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than Vie d’Artiste LTD without Vie d’Artiste LTD’s express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email and address.
Vie d’Artiste LTD kindly asks the Users to report any abnormal behaviour of other Users to the Vie d’Artiste team as quickly as possible.
4. Copyright
4.1 Vie d’Artiste LTD does not claim ownership of any content that Users share on or through the Vie d’Artiste Services.
4.2 By using the Vie d’Artiste services Users grant Vie d’Artiste a licence to use any of the content shared, posted, or uploaded on or through the Vie d’Artiste Services. When Users share, post, or upload content that is covered by intellectual property rights (like photos, videos or text) on or in connection with the Vie d’Artiste Services, Users hereby grant to Vie d’Artiste LTD a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of Users' content.
4.3 Users can only share, post, or upload content on or through the Vie d’Artiste Services only if it doesn’t violate the intellectual property rights of another party. Vie d’Artiste recommends Users to make sure that the content doesn’t violate copyright laws and the best way is to post original content, created by them.
4.4 Users can share another User’s content if it's permitted by the functionality of the Vie d’Artiste Services or if they have permission or if they use it covered by fair use, or other exception to copyright law.
4.5 Vie d’Artiste LTD cannot mediate the obtaining of permission for using any type of content and does not take any responsibility for improper use of copyright laws by the Users.
4.7 The content available through Vie d’Artiste Services are property of the Vie d’Artiste Users or Vie d’Artiste LTD and are protected by UK copyright law.
4.8 Vie d’Artiste LTD allows Users to create links to Vie d’Artiste application or to any other page on this application, under conditions that the site that offers the links do not violate intellectual property rights, do not contain offensive material and is not contrary to these terms and conditions of use. Vie d’Artiste LTD reserves the right to demand removal of such links.
5. Prohibited, questionable and infringing items and activities
You are solely responsible for your conduct and activities on and regarding to Vie d’Artiste application and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Vie d’Artiste application Copyright Policy.
Restricted Activities: Your Content and your use of Vie d’Artiste application:
1. Must not be false, inaccurate or misleading
2. Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items
3. Must not infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
4. Must not breach this Agreement, any site policy or community guidelines, or any applicable law or regulation
5. Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Vie d’Artiste application staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
6. Must not be obscene
7. Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
8. Must not modify, adapt or hack Vie d’Artiste application or modify another website so as to falsely imply that it is associated with Vie d’Artiste LTD;
You may obtain personal information, including email address, from another Vie d’Artiste application user. Without obtaining prior permission from the other user, this personal information shall only be used for Vie d’Artiste-related communications. Vie d’Artiste application has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Vie d’Artiste application user to your email or physical mail list. For more information, see Vie d’Artiste's Privacy Policy.
6. Interactions with other users and private messaging
Users are solely responsible for interactions with others. Users understand that Vie d’Artiste application does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Messaging is your way to communicate privately with other Vie d’Artiste application members. It’s essentially email, but purely for Vie d’Artiste application members.
• You must not use Messages to send unsolicited advertising or promotions, request samples, loans, donations or "spam”. You must not pass on email addresses or any other information on to third parties.
• Spamming other boutiques in order to ask them to ‘follow’ your own boutiques will not be tolerated.
• Please use common sense when giving out personal information to others via messaging, for example don’t send someone your credit card details.
• You must not use messages to knowingly harass, threaten, blackmail or abuse another member.
• If someone explicitly tells you not to contact them, you must not use Messages to contact them again, unless you are involved in an open transaction.
As an anti-spam measure, sending too many messages too quickly may auto-disable your account.
Contact The Vie d’Artiste Team who will review account activity and enable your account if spam-free.
7. Resolution of disputes and release
In the event a dispute arises between you and Vie d’Artiste LTD, please contact Vie d’Artiste application.
Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales. Use of the Site is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
Should you have a dispute with one or more users, or an outside party, you release Vie d’Artiste LTD (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Vie d’Artiste LTD, for the benefit of users, may try to help users resolve disputes, at their request. Vie d’Artiste application does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that Vie d’Artiste LTD attempts to resolve a dispute it will do so in good faith based solely on this agreement and its policies.
8. Vie d’artiste's intellectual property
Vie d’Artiste application, and other Vie d’Artiste graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks of Vie d’Artiste LTD and its subsidiaries. Vie d’Artiste's copyright, trademarks, service marks, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
9. Breach
Without limiting any other remedies, Vie d’Artiste may, without notice, and without refunding any fees, delay or immediately remove Content, warn Vie d’Artiste's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the application, and take technical and legal steps to keep a user off the application and refuse to provide services to a user if any of the following apply:
• Vie d’Artiste suspects a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein.
• Vie d’Artiste is unable to verify or authenticate any of your personal information or Content
• Vie d’Artiste believes that a user is acting inconsistently with the letter or spirit of Vie d’Artiste's policies and/or this Agreement, has engaged in improper or fraudulent activity in connection with Vie d’Artiste application or the actions may cause legal liability or financial loss to Vie d’Artiste's users.
10. Privacy
Except as provided in Vie d’Artiste's Privacy Policy Vie d’Artiste application will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.
11. NO WARRANTY
VIE D’ARTISTE, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE VIE D’ARTISTE'S APPLICATION AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. VIE D’ARTISTE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM VIE D’ARTISTE SHALL CREATE ANY WARRANTY.
12. LIABILITY LIMIT
IN NO EVENT SHALL VIE D’ARTISTE, AND (AS APPLICABLE) ITS OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, VIE D’ARTISTE'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
VIE D’ARTISTE'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF VIE D’ARTISTE'S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO VIE D’ARTISTE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) £100.
13. INDEMNITY
YOU AGREE TO INDEMNIFY AND HOLD VIE D’ARTISTE AND (AS APPLICABLE) VIE D’ARTISTE'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
14. No guarantee
Vie d’Artiste does not guarantee continuous, uninterrupted access to the application, and operation of the application may be interfered with by numerous factors outside Vie d’Artiste 's control or otherwise.
15. Legal compliance and taxes
You shall comply with all applicable domestic and international laws and regulations regarding your use of the application and any Vie d’Artiste service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the application.
16. No agency
You and Vie d’Artiste are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
17. Vie d’artiste application service
Vie d’Artiste application reserves the right to modify or terminate the Vie d’Artiste application service for any reason, without notice, at any time. Vie d’Artiste application reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Vie d’Artiste application makes a material change Vie d’Artiste application will notify you here, by email, by means of a notice on our home page, or other places Vie d’Artiste application deems appropriate. What constitutes a "material change" will be determined at Vie d’Artiste application's sole discretion, in good faith, and using common sense and reasonable judgment.
18. Choice of law
This Agreement shall in all respects be interpreted and governed by the laws of England and Wales.
19. Agree to Terms and Conditions of Use
Usage of the Vie d’Artiste application, requires acceptance of these terms and conditions of use. Otherwise Users, visitors or any other parties benefiting from the Vie d’Artiste Services are asked to stop using the services or mobile application or to address the Vie d’Artiste team for further information.
The information displayed in these Terms and Conditions and associated intellectual property are the property of Vie d’Artiste LTD.