The Contents published and the Services provided on the www.the-artist-academy.fr website are provided by THE ARTIST ACADEMY, a simplified joint-stock company with share capital of €30,000 and a registered office at 4 rue de Rome, 75008 Paris, France, registered with the Paris Trade and Companies Register under number 838 153 443.
The purpose of these General Terms and Conditions of Use (hereafter “GTCU”) is to set out the rules for the use of the Site and Services by the User, as well as THE ARTIST ACADEMY’s obligations.
The use of the Site does not require an acount to be created, except for the use of paid Content and Interactive Spaces made available to Members. In any event, Users and Members undertake, during each of their visits to the Site, to comply with these GTCU applicable to all products, Services and Content on the Site, whether they are provided free of charge or purchased individually or in packs.
The GTCU are enforceable for the User who acknowledges, by ticking the box provided for this purpose, that he or she is aware of them and that he or she has accepted them fully and unreservedly before ordering a Masterclass, consulting information and/or simply using the Site free of charge.
THE ARTIST ACADEMY strives to constantly improve its Services and develops new features to offer its Users a better experience as they use its Site and its Content. As a result, THE ARTIST ACADEMY is likely to update these GTCU. THE ARTIST ACADEMY will inform its Users by any means, for example by email or through its Services, before modifying these GTCU. Users will thus be able to check the changes. Once the revised GTCU come into force, Users will be contractually bound by them if they wish to continue using Site Services.
THE ARTIST ACADEMY reserves the right to modify, remove or cancel all or part of the Services offered on the Site at any time and without having to justify this.
Administrator(s): means any person in charge of the management of the Site and the good conduct of the Users in accordance with these GTCU.
Contents: refers in particular but not exhaustively to the structure and architecture of Services, editorial content, videos, texts, images, sounds, drawings, illustrations, photographs, sections, news, FAQs, hyperlinks and any games as well as any other content present and/or making up the Services on the Site and any other content published on THE ARTIST ACADEMY’s Social Networks.
Interactive Spaces: refers to the spaces made available to Users as part of the Site’s Services, in particular forums and comments.
Member(s): designates a User who has identified him/herself on the site with his/her email address and personal password, this identification allowing access to certain Content or special Services offered by THE ARTIST ACADEMY and permitting them to take advantage of other reserved features.
Social Networks: refers to sites, such as Facebook, Twitter, YouTube and Instagram, on which THE ARTIST ACADEMY has an account in its name and publishes Content. These sites allow for the promotion of social interaction between THE ARTIST ACADEMY and its Users. The term “Social Networks” also refers to all platforms that make these interactions possible.
Service(s): means the service(s) provided by THE ARTIST ACADEMY and accessible from the Website or Social Networks on which THE ARTIST ACADEMY is registered.
Site: refers to the www.the-artist-academy.fr website
User(s): means any person who uses the Site, Services and Content offered on the Site or on the Social Networks on which THE ARTIST ACADEMY is registered.
- User obligations
THE ARTIST ACADEMY’s services, as well as any content available through our service, are for personal, non-commercial use only. The Member agrees not to use the service for public submissions.
The User and/or Member agrees not to use the account of another User and/or Member and not to provide another person with his or her access codes (email address and password) to access his or her account. The User and/or Member is entirely responsible for all activities that occur using his or her password or account, and is responsible for ensuring that his or her password remains confidential and secure. The User and/or Member agrees to immediately notify THE ARTIST ACADEMY of any unauthorised use of his/her password or account or any other breach of security, and to ensure that he/she logs out of his/her account at the end of each session accessing the Services. THE ARTIST ACADEMY will not be liable for any loss or damage resulting from the failure of the User and/or Member to comply with this section.
The User and/or Member undertakes not to modify, reproduce or hack the Website and/or not to modify or create another website in order to mislead potential customers and lead them to believe that this website is associated with THE ARTIST ACADEMY’s services.
The User and/or Member agrees not to reproduce, duplicate, copy, sell, resell, or exploit all or part of the Site or the use of the Site or access to the Contents.
- Member publication on THE ARTIST ACADEMY website
In the context of the use of the Site and its Publication Services, THE ARTIST ACADEMY acts as a content host. Members who publish content on the Site or on the Interactive Spaces made available by THE ARTIST ACADEMY are solely responsible for the reproduction and distribution of their publications, and in particular the texts, images, sounds and audiovisual sequences that they choose to publish. Thus, any Member who publishes content on the Site must comply with current legal and regulatory provisions, and in this respect indemnifies THE ARTIST ACADEMY against any action by third parties.
In particular, the Member undertakes to ensure that his or her publications do not contain anything that may infringe laws and other provisions relating to defamation and insult, privacy and image rights, violations of public order and morality (in particular support for crimes against humanity, incitement to racial hatred, violent content, incitement to terrorism, pornography, violation of personal data protection regulations, etc.) and/or counterfeiting. The Member guarantees that the content he or she publishes does not borrow from another work (which would render THE ARTIST ACADEMY liable).
In the event of failure to comply with the aforementioned commitments, and in particular in the event of a complaint from a third party in the form of a notification, THE ARTIST ACADEMY reserves the right to deactivate, without formality or previously informing the Member concerned, any content published by him/her on the Site.
In any case, THE ARTIST ACADEMY cannot be held responsible for the publications of Members on the Site.
The content created and shared by a Member through the Site belongs to him/her. The Member does not transfer any exclusive usage rights to THE ARTIST ACADEMY. The Member may thus remove the content at any time in order to make it inaccessible. However, the Member accepts that the Site stores, uses and distributes its publications as part of the Site Services and purpose, in particular through the Site and the Social Network accounts of THE ARTIST ACADEMY. The Member accepts that his or her publications may, during their lifetime on the Site, be accompanied by or be added alongside logos, trademarks, texts or audiovisual sequences, in particular for advertising purposes.
- Relationship between Users and/or Members of the Site
Users and/or Members undertake to discuss and publish their content on THE ARTIST ACADEMY’s Social Network pages and, where applicable, on the Interactive Spaces in a reasonable manner, with compassion and care to respect the freedoms of others.
The content published by Members on the Site and/or the Interactive Spaces and the content published by Users and/or Members on THE ARTIST ACADEMY’s Social Networks are their sole responsibility.
In line with law no. 2004-575 of 21 June 2004 for confidence in the digital economy, Users and/or Members may notify us of any disputed content under the provisions of article 6-I of this law.
- In cases of support for crimes against humanity, incitement to racial hatred and/or child pornography
If the User and/or Member notices on the Site, particularly on a publication, support for crimes against humanity, incitement to racial hatred and/or child pornography, he or she can report this to THE ARTIST ACADEMY immediately by clicking on the “Make a report” tab, which is visible on all content published by other Users and/or Members on the pages of the Site, or by email to email@example.com, in order to bring this type of data to the attention of the Site Administrators.
- Site accessibility and maintenance
THE ARTIST ACADEMY puts in place the means to ensure the availability of the Site and the Services except in the event of force majeure or the occurrence of an event beyond THE ARTIST ACADEMY’s control and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the Site. Maintenance operations may be carried out without prior warning for Users.
THE ARTIST ACADEMY cannot guarantee Service continuity, accessibility or absolute security.
- Responsibility of THE ARTIST ACADEMY and force majeure
The User or Member expressly acknowledges that he or she uses the Site and its Services at his or her sole and entire risk.
THE ARTIST ACADEMY cannot be held liable for any direct or indirect damage, whatever its nature, resulting from the unavailability or failure of the Site or its Services, the loss of data or Content, or resulting from the presence of viruses on the Site, with the exception of damage caused by a breach of its obligations. It is the responsibility of the Member to keep a copy of what he or she has published on the Site and of the User or Member to keep a copy of what he or she has published on the pages of THE ARTIST ACADEMY’s Social Networks.
THE ARTIST ACADEMY cannot be held responsible for contractual or non-contractual relations between partners/advertisers and Users and/or Members of the Site and its Services. THE ARTIST ACADEMY cannot be held responsible for discussion and relationships between Users and/or Members or for discussion and relationships between Users and/or Members and artists presenting the Masterclasses.
THE ARTIST ACADEMY cannot be held responsible for any total or partial non-performance due to a case of force majeure whereby any event has the characteristics of unpredictability, irresistibility and exteriority recognised as such by the legal systems of French and European jurisdictions, including in particular, without this list being considered exhaustive, cases of war, internal or external strikes, riots, storms, earthquakes, floods, fires, technical failures, as well as all acts of God.
THE ARTIST ACADEMY cannot be held responsible for any total or partial non-fulfilment caused by events beyond its control.
- Intellectual property of THE ARTIST ACADEMY
All documents, information, texts, audiovisual sequences, graphics, images, illustrations, comments, photographs and any other Content published on the Site or on the Social Networks via THE ARTIST ACADEMY’s accounts by THE ARTIST ACADEMY are the exclusive property of THE ARTIST ACADEMY and are reserved for use by THE ARTIST ACADEMY. The same applies to titles, trademarks, screenshots, names and logos belonging to THE ARTIST ACADEMY.
Consequently, these elements may not be modified, reproduced, exploited or used in any way whatsoever by the User or a Member. Any reproduction or representation of any of the aforementioned elements must be subject to prior written authorisation from THE ARTIST ACADEMY. Doctoring and removing logos and cropping are also prohibited.
Any reproduction, distribution or modification of these elements, without prior written authorisation from THE ARTIST ACADEMY, exposes offenders to legal action.
The User or Member undertakes not to sell, assign, licence, sub-license, give as security, or transmit in any other way the elements listed in paragraph 6.
10.1. The Site may contain hyperlinks to other websites over which THE ARTIST ACADEMY has no control. Despite prior and regular checks carried out by THE ARTIST ACADEMY, THE ARTIST ACADEMY declines all responsibility for the content that Users or Members may find on these sites.
Users and Members are thus solely responsible for the use of the content of third-party websites to which the Site refers.
10.2. THE ARTIST ACADEMY authorises the setting up of hyperlinks to any page or document on its Site subject to compliance with applicable regulations, and in particular copyright, and in any case the following cumulative terms:
- the source that will take visitors via a hyperlink directly to the Content in question must be specified;
- the Contents used are only for personal, educational, associative or professional purposes, any use for commercial or advertising purposes being prohibited.
Furthermore, sites that disseminate information of an illicit, violent, controversial, pornographic or xenophobic nature or that may offend the general public are excluded from this authorisation.
Finally, THE ARTIST ACADEMY reserves the right to have a hyperlink to it removed at any time if it considers it does not conform to the spirit of the Site and the values of THE ARTIST ACADEMY.
Access to the Site is free of charge. However, some Services may be chargeable. These Services are subject to the General Terms and Conditions of Sale.In the event of an order, the User or Member undertakes to comply with it and in particular to pay the agreed price.
- Personal data
In order to keep content secure, THE ARTIST ACADEMY collects information on content use (time and duration of User connection, number of media used etc.).
For information concerning the processing of personal data, Users and Members can consult the personal data and cookies policy by clicking here.
These GTCU are binding between THE ARTIST ACADEMY and a User or Member as soon as they are accepted by the latter. In the event of refusal, the User or Member undertakes to cease using the Site and the Services offered.
This contractual document is concluded for the entire duration of the use of the Site and the Services.
Failure to comply with one of the obligations herein will result, without formality or the Member concerned being previously informed, and without prejudice to possible damages for THE ARTIST ACADEMY, in:
- the immediate termination of the contract between THE ARTIST ACADEMY and the User or Member
- the immediate deactivation of the User or Member’s access to the service and Interactive Spaces.
- Miscellaneous provisions
If any of the provisions of these General Terms and Conditions of Use were to be declared null and void or inapplicable pursuant to a law, a regulation or following a final court decision, it would be deemed to be unwritten and the other provisions would remain in force.
- Applicable law
The GTCU are subject to French law.
In the event of any dispute relating to this Contract, whether it concerns its interpretation, execution or termination, THE ARTIST ACADEMY and the User or Member will attempt to settle said dispute amicably prior to any legal action.
In the absence of a successful amicable resolution, the French courts will be called upon to settle the matter according to the applicable rules of procedure.