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These general conditions of use are concluded between:
On the one hand,
And:
On the other hand.
The Marketplace and the Artist may be individually designated as the “Party” or collectively as the “Parties”.
This Website is a Marketplace that connects visual artists (photographers, painters, sculptors, collagists...) and hotels and hostels.
The Marketplace is marketed under the name «Staam up» and is protected by copyrights.
The Marketplace provides opportunities for event companies to publish Calls for Application to which visual artists may respond in order to participate in the events described in the Calls for Application.
The use of the Staam up Marketplace implies the acceptance of the following provisions by any Artist wishing to benefit from the services provided by the Marketplace.
The Marketplace is entitled to modify the provisions of the General Terms and Conditions of Use (hereinafter referred to as "the General Terms and Conditions or GTC"), provided that it informs the Artist within THIRTY (30) Days before the entry into force of the new provisions. Amendments to these GTC shall engage the Artist from the date of notification and shall not apply to any previous agreements between the Parties. Changes shall be announced in the dedicated area of the Artist Account.
If the Artist does not agree to said changes, the Artist must indicate refusal by sending an e-mail to the following address: support@staamup.com
These GTC constitute a pre-formulated contract and apply without restriction or reservation to any Artist who wish to register on the Marketplace and respond to Calls for Application in order to be allowed to participate in artistic events.
The Artist’s subscription to the Services offered by the Marketplace implies the acceptance of the General Terms and Conditions by checking a box provided for this purpose and then validating subscription to the Marketplace. This validation implies the acceptance of the entire GTC and constitutes proof of the conclusion of the contract between the Marketplace and the Artist.
In these GTC, unless the context otherwise requires, the following expressions shall have the following meanings:
Organiser: means the natural or legal person, represented by its legal representative or any person duly empowered, public or private, acting as a professional, which means the individual who acts for purposes that fall within the scope of the commercial activity, or any association whose activity is hotel business who registered on the Marketplace to allow Artists to participate at the Event promoted by the Organiser by responding to Calls for Application.
Artist Account: means the account created by the Artist in accordance with the procedure described in Article 5 of this Agreement, from which the Artist may access the Marketplace Services.
Data:
Marketplace: means the Marketplace published on the present Website under the commercial name «Staam up», allowing the connection between the Artist and the Organisers.
Services: means the following services provided by the Marketplace:
Website: means this Website accessible at the following URL: www.staamup.com, on which the Marketplace is accessible.
Calls for Application: refers to the advertisements promoted on the Marketplace by the Organisers and to which the Artists may respond in order to be selected to participate in the Event. The Calls for Application are open for a certain period of time. The start and end dates to apply are specified in the advertisement.
Events: means the events organised by the Organisers to which the Artists may participate after having responded to a Call for Application and only if they have been selected by the Organiser.
Entrance fee: means the cost paid by the Artists to Staam up in order to respond to a Call for Application.
Transaction: means the payment of the Entrance Fee by the Artists.
Day(s): means a calendar day. All deadlines are counted from calendar day to calendar day and run from the receipt of notifications. Any time limit shall expire on the last day at 24 hours. Any period that would expire on a Saturday, Sunday, bank holiday or a non-working day is extended until the next working day.
2.1. Purpose
The purpose of these GTC is to govern the contractual relations between the Artists and the Marketplace.
The Artists register themselves on the Marketplace to respond to Calls for Application.
The Artist acknowledges that this GTC do not apply to contractual relationship between the Artists and the Organisers following the response by an Artist to a Call for application.
The Artist acknowledges and accepts that in the event of a dispute arising out of a response to a Call for Application, he/she must bring the claim to the Organiser and cannot hold the Platform liable, except if the Artist is able to prove a fault of the Platform in the execution of the present GTC.
Actually, the Platform has solely the obligation to connect the Artists and the Organisers.
2.2. Operation of the Marketplace
The Artists shall register on the Marketplace via a dedicated account.
Once said registration is confirmed, the Artists may search for Events in which they wish to participate according to various criteria, such as venue, level and artistic category.
Calls for Application are advertised based on the search criteria.
The Artist may then respond during the open dates of the Call for Application, as specified in the advertisement.
The Artist shall pay Entrance fees in order to be allowed to respond to a Call for Application.
During the broadcast period of the Call for Application, the Marketplace collects and centralises all of the Artists' applications.
Once the Call for Application is closed, the Marketplace sends all the applications received by the Artists to the Organiser.
The Organiser selects the Artists for the Event.
Once the Artists have been selected, the Organiser may contact the selected Artists directly through the mail service provided by the Marketplace in the dedicated area of the Artist Account.
These Terms and Conditions are concluded in electronic form under the procedure commonly referred to as “double-click” pursuant to Articles 1369-1 and 1369-2 of the French Civil Code.
Accordingly, once the Artist has validated and confirmed its registration, the contract is concluded between the Marketplace and the Artist.
The registration process follows the following steps:
Thereinafter, in case the Artist wishes to participate to an Event, the Transaction process is the following:
Once the Transaction has been validated, it cannot be canceled by the Artist except in the event of force majeure as described in Article 12 below.
In accordance with the provisions of Article L 221-28 12° of the French Consumer Code, the Artist is informed that he/she will not be able to benefit from the right of withdrawal as this the Events in a service that fall within the framework of the exception provided for in the aforementioned Article. Said Article provides that the right of withdrawal does not apply to the services of leisure activities which must be provided on a specific date or period.
5.1. Procedure of registration
In order to register on the Marketplace and submit a Call for Application, the Artist follows the following path:
The Artist must fill in the required Data in good faith on the Artist Account registration form, in accordance with the procedure described on the Marketplace. This information shall cover the following:
Once the information has been filled in, the Artist chooses a password. The Artist shall then be able to log in to the Artist Account with log-in credentials consisting of the e-mail address the Artist indicated on the registration form and the chosen password.
The Marketplace is entitled to refuse any application for registration by a person or entity who does not comply with these GTC, or who does not provide in good faith or in a complete and accurate manner the Data required when registering on the Marketplace.
5.2. Provisions of the Artist Account
The Artist may access his/her Artist Account by authenticating himself or herself on the Marketplace through its login credentials. From said account, the Artist shall have access to the following Marketplace Services:
It is up to the Artist to verify the validity of the information he or she indicates when authenticating on the Marketplace, particularly the e-mail address communicated in the registration form, to the extent that this information allows the identification of the Artist Account. In the case of mistaken information, the Artist may not be able to access the account without the Marketplace being responsible.
The Artist acknowledges that the recordings and backups materializing the electronic exchange between the Parties and kept by the Platform in a structured and organized manner into standardized messages (including any connection Data) shall have a probative value between the Organiser and the Platform.
In particular, the Artist acknowledges the validity and probative force of emails.
7.1. Platform availability and access to the Artist Account
The use of the Platform by the Artists is free (excluding the cost of connection to the internet).
However, Artists may be required to pay Entrance fees which may be requested by the Organisers in order to be authorised to respond to a Call for application.
The Platform provides the Artist with a dedicated space in their Artist Account so that he/she may create his/her profile and thus respond to Calls for application.
The Artist may, in his/her Artist Account, manage all of his/her applications and see their evolution, namely whether his/her application has been retained or refused by the Organiser.
Staam up is entitled to request Artists to pay Entrance fees in order to be authorized to respond to Calls for Application.
The Artists pay the Entranc e fees directly online on the Website according to the procedure described above in Article 3.
7.3 Technical Support
The Marketplace provides technical support in the use of the Marketplace. For this purpose, in case of difficulty, the Organiser may contact the Marketplace by sending an e-mail to the following address: support@staamup.com
The Marketplace undertakes to provide a response to the Organiser within 24 hours.
7.4 Intermediary
It is recalled that the role of the Marketplace is limited to that of establishing contact between the Artist and the Organiser. As a result, the Organiser is responsible for organising and holding the Event in accordance with the Call for Applications announced.
The Platform is not the service provider. As a result, the Platform shall not be held liable for the contracts concluded between Artists and Organisers to which it remains a third party. Thus, any dispute relating to the rejection of an application, the cancellation of an Event or the change of conditions of an Event must be settled directly between the Artist and the Organiser.
The Platform's liability with regard to the Artist may only be invoked for a fault which are directly attributable to it and which would cause the Artist direct damage, excluding any indirect damage.
8.1. Presentation of the Artist’s profile
The Artist undertakes to establish, in good faith, precise descriptions that are not likely to mislead the Organisers regarding his/her resume and his/her works.
The Artist guarantees the accuracy of the information appearing on its profile created in his/her Artist Account.
8.2. Payment of the price for the Entrance fees
In return for the opportunity to respond to Call for application, the Artist is required to pay some Entrance fees.
9.1. Price for Entrance Fees
To be allowed to respond to a Call for Application on the Marketplace, the Artist shall pay a sum required by Staam up, the current rate of which is displayed on the Marketplace before the Transaction.
9.2. Payment of the Entrance fees
The Artist receives a link by email allowing access to the payment page.
By clicking on the link, the Artist is redirected towards the payment page edited by the Stripe payment Marketplace where the Artist is invited to pay for the Transaction.
Once the payment has been accepted, the Artist receives an acknowledgment of receipt in the Artist Account.
10.1 Copyright
The Website and all its components are protected by the French Intellectual Property Code and international conventions and treaties on intellectual property.
All the original and technical components used and published on the Website, included, but not limited to: the graphic charter, slogans, corporate name, trademarks, logos, graphic images, animations, sounds, musical compositions, audiovisual effects, (hereinafter referred to as “the Components”) are the exclusive property of their authors.
The Marketplace forbids the Artist, to do any of the following, without prior written authorization:
10.2 Rights on the Corporate name and logotype: “STAAM UP”
The Artist is not authorized to use or reproduce the name and logo “STAAM UP” or deposit them as a trademark, directly or indirectly through a third party, in any country whatsoever, either identical or by similar marks or names which could create confusion in the mind of a consumer.
10.3 Artists' copyright
The Artist guarantees that he/she is the author of the works promoted on the Website.
The Artist undertakes to indemnify the Marketplace for any direct or indirect damages in case that the Marketplace is sued because of an infringement to the copyrights of a third party by the Artist.
To that purpose, the Artist guarantees the Platform that he/she:
Artists' Personal Data is collected by the Platform to allow access to the Platform Services and to ensure payment of the Transactions.
Due to the execution of a Transaction, the Artist is informed that the Organiser shall have access to Personal Data of the Artistes for the management of responses to Call for applications and for the organisation of the Events.
The Artist has a right of permanent access, modification, rectification, opposition, portability and limitation of processing of his/her Personal Data which he/she may exercise through his/her Artist Account.
The Artist is informed that he/she can lodge a complaint with the French Data Protection Authority (CNIL). He/she may also contact his/her local Data protection authority in case of violation of his/her rights regarding the collection and processing of his/her personal data.
The Artist shall read the privacy policy available on this Website in order to have a perfect knowledge of all of his.er rights regarding the protection of his/her personal data.
12.1. Liability of the Platform
It is recalled that the Marketplace is not the seller of the Events.
As a result, it may not in any case be responsible for the contracts concluded between the Artists and the Organisers, to which it remains a third party. Any dispute relating to a Call for Applications or the realization of an Event must be settled directly between the Organiser and the Artist.
The Marketplace’s liability to the Artist may only be invoked for facts directly attributable to it that may cause the Artist direct damage or a failure in the performance of the GTC, excluding any indirect damage.
The Marketplace’s liability is excluded in the event of improper use of the Marketplace's services by the Artist or any fault on its part. It may be not be invoked on the basis of facts attributable to a third party.
The Marketplace shall not bear the costs for the connection to the Internet, which are the Artist’s liability.
The Platform shall make its best efforts in order to maintain a permanently an uninterrupted access to the Internet and to the Website.
Nevertheless, the Artist accepts that the Marketplace may interrupt for technical reasons, especially for technical reasons in order to ensure the maintenance and the update of the Website, and improve the Website’s ergonomic, without being held liable for such purposes.
In addition, the Marketplace, shall not be held liable in case of an access’s default to whole or part to the Marketplace for technical defaults or any issues, relating and not limited to:
12.2. Force majeure
The Marketplace reserves the right to interrupt access to the Website for a few hours for maintenance purposes. The Artist agrees that these momentary cuts are intended to allow him/her a better browsing experience and acknowledges that he/she will not sue the Service Provider for liability to that purpose.
The Marketplace does not bear the Internet connection costs that have to be borne by the Artist.
In accordance with the provisions of Article 1218 of the French Civil Code, any event beyond the control of either Party which could not be reasonably foreseen at the enter into force of these GCU, and that the effects of which may not be avoided by appropriate measures, constitutes a case of force majeure, which suspends their execution.
In addition, the Parties conventionally acknowledge and agree, without this list being restrictive, that damages having their origins or their causes in a strike, a cut of supply of energy, a failure of the network IP on which they depend, a war, riots or popular movements, attacks or weather phenomena, epidemic, shall be a case of force majeure.
These GTC enter into force from the validation of the Artist’s registration by the Platform for an undetermined period.
14.1 Termination by the Artist
The Artist may delete the Artist Account at any time by going to the Artist Account and clicking on the “Delete my account” button.
The Marketplace shall proceed to the closing of the Artist Account and shall withdraw from the Marketplace all contents promoted on the Marketplace relating to the Artist within 72 hours. The Artist’s Data shall be deleted within THIRTY (30) Days from the date of the last Event to which the Artist has participated.
14.2 Termination by the Marketplace
The Marketplace may terminate this GTC at any time within 30 (THIRTY) Days of the receipt of the notification by the Artist.
The Marketplace shall state the reason for such termination to the Artist.
In the event of a proven defect by the Artist in the receipt or withdrawal at the Post Office of a notification sent by registered letter with request for acknowledgment of receipt, the notification may be made by any written means.
14.3 Termination for breach of these GTC
In the event of a breach by one of the Parties of one of the obligations hereunder, the other Party will be entitled – subject to observing a notice of THIRTY (30) calendar days from the date of receipt of a first presentation of a formal letter with acknowledgment of receipt, remained unsuccessful, to pronounce the automatic termination of these GTC – without prejudice to any other rights or actions, including any claim for damages.
The Marketplace shall, in particular, have the right to terminate this GTC and dereference the Artist for the following reasons, without this list being exhaustive:
14.4 Consequences of the termination
In the event of the termination of these GTC, the Marketplace shall stop referencing the Artist on the Marketplace within a period of THIRTY (30) Days from the date of receipt of the notification by the Artist, as mentioned above in Article 14.3.
All of the Artist’s Data shall be deleted from the Marketplace files within THIRTY (30) Days from the date of the last Event to which the Artist has participated.
The Artist’s Data shall be archived for reasons of legal certainty, particularly in the context of litigation for the establishment, exercise or defense of the legal rights of each of the Parties. The Artist’s Data relating to order management, invoicing and payment are kept for a period of 10 years from the end of the contractual relationship.
These GTC, concluded in compliance with Article 3 between the Marketplace and the Artist are archived on the Marketplace's internal server. The Artist may request at any time to have access to a copy of the order and the corresponding Contract by writing to the email address indicated below in Article 17.
Each Party certifies that it is insured for the consequences of its civil liability towards the other Party. Each Party undertakes to provide the other Party with a statement of insurance at first request.
All notices, autorisation and requirement regarding these GTC must be sent by letter or email at the following details:
These GTC may be assigned to any legal entity.
The assignment shall take effective to the assignee once the agreement concluded between the assignor and the third party.
The assignment must be effected in writing.
In the event that certain provisions or Articles herein are declared void by a competent jurisdiction, the other provisions of these GTC shall remain in effect.
The Artist declares that he/she is of legal age and has the capacity to conclude contract.
The signatory of the Platform guarantees that it has the necessary powers to bind the company that he represents within the framework of these GTC.
These GTC are drafted in accordance with French law.
There are translated from the French version. In the event that they are translated in a foreign language, only the French version shall be legally valid in case of litigation.
However, in the event of a dispute and with regard to the provisions of Regulation No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (known as the Rome I Regulation), this choice of law may not result in depriving the Artist of the protection afforded by the provisions to which it may not be derogated from by virtue of the law that would have been applicable in the absence of choice of law.
In the event of any dispute arising out of the performance of these GTC, the Parties shall make their best efforts to settle the dispute amicably.
The Parties may resort to mediation. Any attempt to reach an agreement by mediation with a view to litigation shall not prejudice the rights of the Artist or the Marketplace for initiating judicial proceedings before, during or after the mediation process.
The Artist is also informed that he/she may in any case resort to conventional mediation (Article L616-1 of the French Consumer Code). The Artist may also use any other alternative method of dispute resolution.
Failing to find an amicable solution, all disputes shall be submitted to the competent courts with regard to Article 17 of the Regulation (EU) No 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I bis recast Regulation).