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FIAC Online Viewing Rooms – FIAC Platform (Edition of March 2021)
Terms and Conditions for the Visitors of the FIAC Platform
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These terms and conditions (hereinafter the “Terms and Conditions”) apply to the visitor of the FIAC Online Viewing Rooms platform ( hereinafter “Visitor”) operated online by Reed Expositions France, a société par actions simplifiée with share capital of EUR 90,000,000, registered with the Nanterre Trade and Companies Register under number 410 219 364 (VAT number FR 92 410219364), whose registered office is located at 52 Quai de Dion Bouton, 92800 Puteaux, France (hereinafter “REED”) and accessible via www.ovr.fiac.com (hereinafter the “Platform”) from Tuesday 2nd March 2021 at 10.00 AM CET to Sunday 7h March, 12.00 PM CET.
These terms and conditions do not apply to gallery or other company that published an OVR or display content on the Plateform.
1- Access to and use of the Platform and Services
1.1 From Tuesday 2nd March 2021 at 10.00 AM CET to Thursday 4th March 2021, 10.00 PM CET, the visit and the use of the Platform are intended exclusively to a selection of users made by REF.
1.2 From Thursday 4nd March 2021 at 10.00 AM CET, the visit of the website is opened to the public at large, subject to the provisions hereof.
1.3 The first access to the Platform requires from the Visitor that he fills in a welcoming page with his full name and email address (as well as, for the VIPs only, the password provided by REED on the email of invitation they received). On registration, the queried data must be provided completely and truthfully. On its subscription, the Visitor shall be 15 at the minimum or the age required by law if older.
1.4 These terms and Conditions are available upon the first connection and at any moment in the footer of the Platform.
1.5 The first access to the Platform requires from the Visitor an unreserved agreement of these terms and conditions.
1.7 The access and use of the Platform is free of charges for the visitors.
1.8 By using the Platform, the Visitors are enable to:
1.9 External links to other websites should not be construed as an endorsement of the views or privacy policies contained therein.
THESE SERVICES AVAILABLE ON PLATFORM (“Services”) AND MORE GENERALLY THE PLATFORM ARE PROVIDED 'AS IS' AND NEITHER REED NOR THE PLATFORM PROVIDER (“ARTLOGIC”) CAN BE HELD LIABLE IF THE SERVICES OR THE PLATFORM DO NOT MEET ANY INDIVIDUAL REQUIREMENT OF VISITOR.
REED does not guarantee that the Platform and the Services will always be available or be uninterrupted. REED cannot also ensure that the Platform and the Services will be secure and/or free from viruses or bugs. Platform and Services could include technical inaccuracies or typographical errors.
2- Obligations of Visitors regarding the use of the Platform and Services
In case of breach of these Terms and conditions by the Visitor (including any use not expressly permitted by these terms and Conditions), REED shall be entitled to suspend or cancel his/her access to the Platform.
3- Liability regarding Artworks, Items Presented and content uploaded on the OVRs
3.1 The Platform enables each selected galleries to upload and displayed artworks, and/or content on its online viewing room. In this regard, REED acts as hosting provider of the Platform within the meaning of the French Law n°2004-575 of 21 June 2004 for Confidence in the Digital Economy (LCEN). In this respect, REED has no supervisory obligation s of OVRs’ content, items Presented and Artworks uploaded on the Platform and its liability is limited to the cases provided for by French Laws. Thus, Visitor may notify REED of a manifestly unlawful content by mail (see the link [legal notice]) but not before having notify firstly the gallery concerned.
3.2 It is under the galleries’ sole responsibility, to ensure that their Artworks, Items Presented and content do not infringe any statutory regulations or third-party rights. REED is technically unable to and will not check Selected Participant’s Artworks, Items Presented and content prior to its publication on the Platform.
4 - Intellectual property rights and license
All the information (including Contents, Artworks, trademarks and logo) displayed on the Platform is protected by the Intellectual Property (IP) laws, including copyright. No part of the materials available on the Platform, such as texts, images, sounds, designs or logos may be used, distributed, copied, reproduced, modified, distorted, or transmitted, in whole or in part, without the prior written consent of their owners. Distribution for commercial purposes is prohibited. The trademarks and logos appearing on these Sites are the property of Reed Expositions France or of the gallery, partners or sponsors of the Platform. REED and the owners reserve the right to pursue any infringement of these Intellectual Property Rights by any means . Any unauthorized use may entail an infringement of copyright, image rights, personal rights, property rights or any other regulations applying to communications or advertising, and is likely to lead to civil/criminal proceedings against the infringing Visitors.
5 - Sales queries
5.1 artworks and content are displayed by the galleries in their online viewing rooms either with an accurate price or a price range. Price setting is under the sole control and liability of galleries.
5.2 REED is neither a contracting party to the sale contract which is exclusively concluded between Gallery and Visitor nor involved in any manner in the sale process that entirely rely under the sole liability of gallery and the Visitor. More generally, any communications, solicitations and sales between Galleries and Visitors are under their sole control and remain under their sole liability.
5.4 REED takes no responsibility for the accuracy of information provided by Gallery to visitors. Visitor has to verify by its own this accuracy.
6 - Limitation of liability
6.1 Visitors acknowledges that the Platform and the Services, have not been developed to meet its individual requirements, including any particular requirements Visitor might be subject to under law or otherwise.
6.2 REED shall not be liable for any damages (direct or indirect) including but not limited to loss of profits, goodwill, data, resulting, inter alia, from (i) the use or inability to use the Platform or the Services; (ii) virus or similar that may infect the Visitor’s computer equipment, programs, data or others, due to the use of the Platform or Services or to the contents available through hyperlinks (iii) the unauthorized access to or alteration of the transmissions or data of Visitor; (iv) statements or conduct of Visitor, other Visitors, and/or third parties ( including sponsors, galleries…) in the course of accessing or using the services; (v) interruptions of and difficulties in the operation of the services (vi) the OVRs ( see article 3).
7 - No warranty
THESE TERMS AND CONDITIONS SETS OUT THE FULL EXTENT OF REED’S OBLIGATIONS AND LIABILITIES IN RESPECT OF THE SUPPLY OF THE PLATFORM AND THE SERVICES. EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS, THERE ARE NO CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS, EXPRESS OR IMPLIED, THAT ARE BINDING ON REED. ANY CONDITION, WARRANTY, REPRESENTATION OR OTHER TERM CONCERNING THE SUPPLY OF THE PLATFORM AND THE SERVICES WHICH MIGHT OTHERWISE BE IMPLIED INTO, OR INCORPORATED IN THESE TERMS AND CONDITIONS ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
8- Term and termination
8.1 These Terms and Conditions shall apply for a duration of the edition of FIAC on line viewing rooms indicated in the preamble of these terms and Conditions.
8.2 REED may terminate the access of the Visitor to the Platform immediately by written notice in case of material or persistent breach of him/her to these Terms and Conditions.
8.3 Upon termination of these Terms and Conditions all rights granted to the Visitor concerned under these Terms and Conditions shall cease;
9- Update of the Terms and Conditions
9.1 REED may update these Terms and Conditions at any time on written notice to Visitor in accordance with this Section 9.
9.2 Notice of these changes can be given by REED by email or simply posted on the Platform.
9.3 Changes shall apply immediately.
10- Link to other websites
10.1 REED is not liable for the content or privacy practices of any websites to which the Platform provides links in complete autonomy.
10.2 The availability of such links on the Platform cannot be interpreted as REED’s endorsement, authorization or recommendation in regard to the owners or operators of the linked websites or in regard to any of the information, graphics, materials, products or services contained or mentioned on the linked websites.
11- Interruption of the services or the Platform
REED is free to interrupt or discontinue, temporarily or permanently, for any reason, at any time, in whole or part, the Services and the Platform, without incurring any liability.
12- Data protection
12.2 Regarding the personal data provided by Visitors to Galleries and/or collected by Galleries notably on its OVR, REED has no liability and does not act as data controller, processor or sub processor. Any request or contestation regarding the collect or the treatment of your data by the Gallery has to be notify to it.
“Data Protection Laws" means any laws, rules, regulations, directives, decrees, orders, or other legal requirements relative to the protection or processing of Personal Information, including General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “GDPR”), and any implementing, derivative, or related legislation, rule, or regulation of the European Union, a member state of the European Economic Area, or the United Kingdom, as may be applicable.
13.2 These Terms and Conditions constitute the entire agreement between Visitor and REED for the provision of the Platform and the Services. These Terms and Conditions supersede and extinguishe all previous agreements, promises, assurances, warranties, representations and understandings between REED and Visitor, whether written or oral, relating to its subject matter.
13.3 If REED fails to insist that Visitor performs any of its obligations under these Terms and Conditions, or if REED does not enforce its rights against Visitor, or if REED delays in doing so, that will not mean that REED has waived its rights against Visitor and will not mean that Visitor does not have to comply with those obligations.
13.4 If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, it shall in no way affect the validity or enforceability of the remaining provisions. REED may replace such a provision by a provision that comes closest, in its content, to the provision initially agreed upon.
14- Applicable law and jurisdiction
14.1 These Terms and Conditions shall be governed by the French law.
14.2 The parties shall endeavour to settle amicably any dispute relating to these Terms and Conditions. If no amicable settlement is reach, any dispute arising out of or in relation to these Terms and Conditions shall be submitted to the exclusive jurisdiction of the competent courts of Paris.