GENERAL TERMS OF USE – SKETCHINCITY

 

ARTICLE 1. LEGAL INFORMATION

In accordance with Article 6 of Law No. 2004-575, of June 21st 2004 on confidence in the digital economy, this article specifies the various involved in its realization and follow-up.

SketchinCity’s website is published by SAS SketchinCity, whose head office is located at 280 Avenue des Templiers, 13676 Aubagne. It is registered at RCS Marseille. Publishing director is Mr Marc Leroux.

Telephone number: 0609788338 – Email address: contact@sketchincity.com

SketchinCity’s website is hosted par Google Claud France, whose headquarters are located at 8 Rue de Londres, 75009 Paris, France.

 

ARTICLE 2 : WEBSITE PRESENTATION

The site allows users to access

- A catalogue of original artworks that are offered for sale by the artists who are registered on SketchinCity’s platform.

- A catalogue of artworks prints that are offered for sale by the artists who are registered on SketchinCity’s platform.

 

ARTICLE 3. CONTACT

For any question or information regarding the site, or for reporting illegal content or activities, the User can send the editor an email on the following address: contact@sketchincity.com. The User can also send a registered mail with acknowledgement of receipt at SAS SketchinCity – Service Client, 280 Avenue des Templiers, 13400 Aubagne – France.

 

ARTICLE 4. ACCEPTANCE OF TERMS OF USE

Access and use of the site are subject to acceptance and compliance to these General Terms of Use.

Therefore, the User fully accepts these Terms of Use prior to the use of the website and its services. Using the site automatically implies that the User accepts these Terms of Use.

SketchinCity reserves the right to make changes to the site, its services, and these Terms of Use, to respect any legal, jurisprudential, editorial, functional and/or technical development. The Terms of Use version that shall prevail is the one which is available and can be downloaded online, on the day of use, on www.sketchincity.com.

Any use of the site after the Terms of Use have been amended, implies acceptance of these updated Terms of Use.

User should therefore refer to the last Terms of Use version available online before any browsing. The User shall not use this site if he/she disagrees with the Terms of Use.

 

ARTICLE 5. ACCESS AND BROWSING

The publisher implements the technical solutions available to enable a 24/7 access to the website. However, he can interrupt, restrict, or suspend the website access to amend or update its content, or for any other necessary action affecting the website efficiency whenever needed.

These Terms of Use apply, as necessary, to any version or extension of this website to existing or future social networks.

 

ARTICLE 6. WEBSITE MANAGEMENT

For an effective management of the website, the publisher may, at any time:

  • Interrupt, suspend or restrict access to all or part of the website. He can also restrict access to all or part of the site to a specific group of web users.

  • Delete all information that may interfere with the effective functioning of the website, or that violates national or international laws, as well as Netiquette rules.

  • Suspend the website to make some updates.

 

ARTICLE 7. ACCESS TO THE SERVICES

Using the website implies acceptance of these General Terms of Use. However, it does not mandate a user account creation. The website allows the User to access freely to artworks consulting and purchase services. Any User with a Wi-Fi connection may access the website. All costs incurred by the User to access the website remain at his/her expense (Wi-Fi connection, computer equipment…).

1     REGISTRATION

Only physically able individuals may register online, provided the registration form has been fully completed and validated, as well as these Terms of Use.

The User agrees to provide accurate, up-to-date, and sincere personal information while registering on the site. The User shall also regularly check his/her personal data to make sure that it is accurate.

It is imperative that the User provides a valid email address on which the site will be sending a registration confirmation. The same email address cannot be used for different registrations.

Any communication made by SketchinCity and its partners is considered to be received and read by the User. As a result, the User commits to check his/her emails regularly and reply in a timely manner if necessary.

Only one registration is allowed per individual.

In addition to entering his/her password, the User is assigned a username to access an account which is reserved to him/her (“Personal Account” below).

Username and password can be changed online, through the User’s Personal Account. The password shall be personal and confidential. The User thus agrees not to share this information with third parties.

SketchinCity reserves the right to decline a registration application in the event of non-compliance with these policies and General Terms of Use.

 

2 DEREGISTRATION

The User can ask for his/her deregistration at any time, through the dedicated page of his/her Personal Account. Any deregistration will be effective immediately, after the User has filled the form provided for that purpose.

 

3. WITHDRAWAL OF THE PERSONAL ACCOUNT AT THE INITIATIVE OF THE SITE PUBLISHER

The User is made aware that the publisher reserves the right to withdraw any user’s Personal Account that would violate these Terms and Conditions, particularly in following cases:

  • Unauthorized use of the site by the User.

  • If the User voluntarily communicates incorrect information while creating his/her Personal Account.

  • If the User has not been using his/her Personal Account for a year at least.

If the publisher decides to withdraw the User’s Personal Account for one of the above reasons, this cannot constitute damage for the User whose account has been withdrawn.

This withdrawal cannot constitute a waiver of any lawsuit that may be proceeded by the publisher against the User.

 

4 . REGISTRATION AS SKETCHINCITY ARTIST

Registration as an Artist, previously validated by SketchinCity, is compulsory for the Artist to make his/her works available online. Registration applications for Artist’s Account shall be submitted to SketchinCity by filling the dedicated form available under the “Artist Contact” section.

 

ARTICLE 8. RESPONSABILITIES

The publisher only accounts for the content he has published himself.

The publisher accepts no liability:

  • For technical, computer or accounting issues or failure, with any hardware of software whatsoever.

  • For damages whether direct or indirect, material or intangible, foreseen or unforeseen, resulting from the use of site and its services.

  • For intrinsic characteristics of the internet, including unreliability or failure to secure the information circulating on it.

  • Unauthorized contents or activities on the site, without him being fully aware as defined by Law n°2004-575 of June 21st 2004, on confidence in the digital economy, and Law n°2004-801 of August 6th 2004 on the protection of individuals with regard to the processing of personal data.

Furthermore, the site cannot guarantee the accuracy, completeness and topicality of the information published on it.

The User is liable

  • For his/her computer equipment and data protection

  • For his/her use of the site and its services.

  • For failure to comply with these Terms of Use and their spirit.

 

ARTICLE 9. HYPERLINKS

The site may contain hyperlinks to other websites over which SketchinCity has no control. Despite regular and previous checks done by the publisher, he accepts no liability for contents that can be found on those sites.

The publisher authorizes the setting up of hyperlinks to any page or document of his site provided they are not used for commercial or advertising purposes.

In addition, the publisher shall be informed in advance before any setting up of hyperlink.

This authorization does not include sites displaying illegal, violent, controversial, pornographic, and racist information, that may affect the sensibility of the largest number.

Finally, SketchinCity reserves the right to withdraw any hyperlink to its site, if it judges it is not in conformity with the site’s editorial policy.

 

ARTICLE 10. CONFIDENTIALITY

1 DATA COLLECTION AND TREATMENT, AND WAY TO COLLECT DATA

Information communicated by the users when registering or ordering is intended to SketchinCity’s orders follow-up and treatment, marketing purposes, delivery, and legal obligations. Information provided by the users when ordering can be communicated to SketchinCity’s service providers for delivery and marketing purposes. SketchinCity guarantees that it has taken all necessary measures to provide a legal framework to this data transfer, including by completing the appropriate formalities with the CNIL. In the absence of accurate information, the customer will assume full responsibility for wrong shipment or drawing’s loss and will not be entitled to make claim. The User can change the information registered at any time, through “My Account” section. The data collected by SketchinCity are processed and reported in accordance with the Law 78-17 of 6 January 1978 referred to as the “Data Protection and Civil Liberties”. Data is also subject to a declaration to the CNIL (Declaration n°1965905 v 0). In accordance with the law, users have a right to access, amend and withdraw of their own data. For any withdrawal or correction request, the User is invited to contact SketchinCity on the following email address : service.client@sketchincity.com. Unless customers expressly object, they may receive promotional offers from SketchinCity and/or its partners, by phone, regular mail, email and SMS, if the box for this purpose has previously been checked or if they have ordered SketchinCity’ products or services.

SketchinCity reserves the right to store some data to justify, if necessary, the perfect execution of its contractual or legal obligations. The stored data will be limited to what is strictly necessary for the operation of service.

 

2. DATA HOSTING

As mentioned above SketchinCity’s website is hosted par Google Cloud, whose headquarters are located at :

8 rue de Londres, 75009 Paris, France

 

 

3. PERSONAL DATA OF MINORS

In accordance with the Article 8 of the European Regulation 2016/679 and the French Data Protection Act, only minors aged 15 years or older may consent to the processing of their personal data.

If the User is a minor under the age of 15, the consent of a legal representative will be required for personal data to be collected and processed.

 

ARTICLE 11. COOKIES

1 USER'S CONSENT TO THE USE OF “COOKIES” FILES BY THE SITE

The site may use “cookies” techniques to process statistics and traffic information, to facilitate navigation and to improve the service for the User's convenience. The User's consent is required for the use of “cookies” files involving the storage and analysis of personal data.

User’s consent is valid for a maximum of 13 (thirteen) months. At the end of this period, the site will ask again for the User's permission to save “cookies” files on his hard drive.

 

2. USER’S OBJECTION TO THE USE OF “COOKIES” BY THE SITE

User is made aware that he/she can object to the use of “cookies” by setting up his/her browser software.

If the User decides to deactivate the “cookies” file, he/she may continue to browse the site. Any malfunction of the site caused by this handling could not be considered as being due to its publisher.

 

ARTICLE 12. INTELLECTUAL PROPERTY

The structure of the site but also the texts, graphics, pictures, photographs, sounds, videos, and computer applications that make it up are the publisher’s property and are protected as such by the intellectual property legislation in force.

Any representation, reproduction, adaptation, partial or total exploitation of the contents, trademarks and services offered by the site, by any process whatsoever, without the prior, express, and written publisher’s authorization, is strictly forbidden. This would be likely to constitute a counterfeit within the meaning of articles L. 335-2 and following of the code of the intellectual property. And this, except for the elements expressly designated as free of rights on the site.

Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property right relating to any element of the site, which remains the exclusive publisher’s property.

The User is forbidden to introduce data on the site that would modify or be likely to modify its content or appearance.

ARTICLE 13. APPLICABLE LAW AND JURISDICTION

The present General Conditions of Use are governed by French law. In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the French courts in accordance with the rules of jurisdiction in force.

SketchinCity wishes you a very good browsing!

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