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• ArtCritic Materials. The Services include content that includes, but is not limited to, the logos of ArtCritic and its products or services, and all designs, text, graphics, images, information, data, software, audio files or other files, as well as their selection and presentation (collectively, the “Materials”), which are owned by ArtCritic or its licensors and are protected by international copyright laws. This includes all illustrations featured on this site that were specially created for it. They share a common aesthetic and collectively contribute to the visual identity of the site. These illustrations are integral to the texts they accompany and cannot be used separately.
• User Content. The Services may allow you or other users to create, publish, submit or store messages, photos, texts and other materials (“User Content”). ArtCritic claims no ownership or control over such content, and disclaims all liability regarding any User Content published, stored or imported by you or a third party, or for any loss or damage incurred therein.
• Third-Party Content. The Services may include third-party content and links to websites or content owned and operated by third parties (collectively, “Third-Party Content”). ArtCritic does not own, control nor endorses any Third-Party Content and does not represent or warrant in any way the Third-Party Content. You acknowledge and agree that ArtCritic shall not be liable for any Third-Party Content in any way and accepts no responsibility regarding its updating or revising. Users use such Third-Party Content at their own risk.

• ArtCritic. ArtCritic grants you a limited, non-transferable license to access and use the Services, solely for personal use. This license is subject to these Terms and does not include: (a) resale or commercial use of the Services or Materials contained therein; (b) distribution, public display or public performance of the Materials; (c) modification or other derivative use of any part of the Services or Materials; (d) downloading (other than page caching) of any part of the Services, Materials or other information contained therein, except as expressly permitted on the Services; or (f) any use of the Services or Materials for purposes other than those intended. Any use of the Services or Materials other than expressly authorized herein, without prior written permission from ArtCritic, is strictly prohibited and will terminate the license granted here. Such unauthorized uses may also violate applicable laws, including, but not limited to, copyright and trademark laws as well as applicable communication regulations. Unless expressly stated herein, no provision of these Terms shall be interpreted as granting rights to intellectual property, either by estoppel, implication or otherwise. ArtCritic may revoke this license at any time.
• Users. By submitting or publishing User Content on the Services, unless otherwise stated by us, you grant ArtCritic an international, royalty-free, irrevocable, perpetual, non-exclusive and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display such User Content, in whole or in part, and to incorporate it into other works, in any form, medium, or technology now known or later developed, including for promotional or commercial purposes. By submitting or publishing User Content on the Services, you represent and warrant that: (a) the User Content is non-confidential; (b) you own and control all rights in the User Content you publish, or otherwise have all rights necessary to publish such User Content on the Services; (c) the User Content is accurate and not misleading or harmful in any way; and (d) the User Content, as well as its use and publication within the Services, does not violate these Terms or any other applicable law, rule or regulation, and will not do so.

Some of our Services include interactive areas (“Interactive Areas”) in which you or other users can create, publish, submit or store User Content. By using these Interactive Areas, you understand that certain User Content may be published publicly or to selected users. You are solely responsible for your use of the Services and Interactive Areas, and do so at your own risk.

These Terms do not create any reasonable expectation nor promise that the Services will not contain any content prohibited by these Terms. Although ArtCritic is under no obligation to screen, edit or monitor User Content published on the Services, it reserves the right, in its sole discretion, to access, use, control, disclose or retain any information related to your use of the Services, including but not limited to, User Content or any information obtained by ArtCritic about you through your use of the Services, if ArtCritic believes in good faith that it is necessary (a) to comply with applicable law or respond to a legal process issued by competent authorities; (b) to enforce these Terms or protect the rights or property rights of ArtCritic or its users; (c) to help prevent any loss of life or serious physical injury to anyone; or (d) to prevent potentially illegal or offensive activities.

You agree that your use of the Services, including the publication of any User Content, will not violate any law, contract, intellectual property or other rights of third parties, nor constitute a criminal action or tort, and that you are solely responsible for your conduct while using the Services. You also agree not to:

• Use the Services in any manner that could interfere with, disrupt, negatively affect or prevent others from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any way;
• Engage in discriminatory, defamatory, slanderous, hateful, invasion of privacy of others, abusive, obscene, threatening, physically dangerous, illegal or otherwise objectionable behavior;
• Attempt to imply in any way that you are affiliated with us or that you, products or services have received our endorsement, for any purpose;
• Send any unsolicited advertising, solicitation, promotional material, spam, junk mail, chain letters or pyramid schemes, or collect or harvest the email addresses or other contact information of other users of the Services for the purpose of sending spam or other commercial messages;
• Engage in reverse engineering of any aspect of the Services, attempt in any way to discover the source code, or try to bypass any measures employed to restrict or limit access to any area, content, or code of the Services (unless the law expressly permits);
• Use or attempt to use another user’s account without authorization from that user and ArtCritic or publish, import, transmit, distribute, store, create or otherwise publish or send through the Services any User Content that contains personal information about anyone, including, but not limited to, names, addresses, email addresses, or credit card information;
• Publish, import, transmit, distribute, store, create or otherwise publish or send through the Services any viruses, corrupted data or other harmful, disruptive or destructive files;
• Develop any third-party application interacting with User Content or the Services without our prior written consent; or
• Use any robot, iframe, spider, crawler, scraper or any other automated means or interface not provided by us to access the Services, including, but not limited to, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing content or data made available through the Services.

Some of our services may require or allow you to create an account with us, with a username and password. When creating the account, you agree to (a) provide only accurate, complete and up-to-date information, (b) maintain and update your account information promptly, (c) keep your username and password confidential and secure, (c) accept all risks and responsibilities associated with any access to your account, whether authorized or not, and (d) immediately notify ArtCritic if you discover or suspect any unauthorized use of your account.

ArtCritic has a community of enthusiastic and passionate fans. Every week, we receive hundreds of questions and suggestions regarding our products and services. While we would love to use fan ideas to develop tangible products and services, we do not accept any unsolicited ideas regarding products or services due to the volume of requests we receive and the resources that would be needed to process them. If you submit product suggestions, questions, creative materials, ideas or other information regarding our Services or ArtCritic (“Submissions”), these Submissions, whether transmitted through the Services or by any other means, will be considered non-confidential and will automatically become the exclusive property of ArtCritic. ArtCritic will own, and you hereby assign to ArtCritic, all rights, titles, and interests, including all intellectual property rights, in such Submissions, and ArtCritic shall be free to use and disclose such items without restriction for any purpose, commercial or otherwise, without any recognition or compensation being provided to you. You agree to sign any documents required by ArtCritic (at our sole discretion) to confirm the aforementioned assignment, as well as the unrestricted use and disclosure of these Submissions by ArtCritic.

ArtCritic respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at the help center at https://help.artcritic.com.

ArtCritic reserves the right to modify, update or terminate its Services or any feature or part thereof, without prior notice. You agree that we may suspend or terminate your access rights to our Services at any time, for any reason, without notice, obligation or liability to you.

USE OF THE SERVICES IS AT YOUR OWN RISK. NO INFORMATION OR ORAL OR WRITTEN ADVICE GIVEN BY ArtCritic OR ITS REPRESENTATIVES SHALL BE CONSIDERED A WARRANTY. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ArtCritic MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ArtCritic AND ITS AFFILIATES, LICENSEES, LICENSORS, AND CONTRACTORS (“ARTCRITIC PARTIES”) SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THE SERVICES, EVEN IF ARTCRITIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL EVENTS, THE AGGREGATE LIABILITY OF THE ARTCRITIC PARTIES TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES IS LIMITED TO THE AMOUNT (IF ANY) YOU HAVE ACTUALLY PAID FOR THE SERVICES THAT ARE THE SUBJECT OF SUCH CLAIM. IF OUR ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES IS RESTRICTED BY LAW, THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH A CASE, OUR LIABILITY AND DISCLAIMER OF WARRANTY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

If the ArtCritic Parties are subject to claims, costs, damages, losses or other liabilities, filed or anticipated (collectively, “Covered Losses”) as a result of your use of any of the Services or any data, information or other item that you provide through the Services, including User Content, you agree to indemnify the ArtCritic Parties from all such Covered Losses and any associated expenses, such as reasonable attorney’s fees.

You further agree to indemnify the ArtCritic Parties from any Covered Losses arising from or related to: (a) any Submission you provide; (b) any breach of these Terms by you; and (c) any infringement of the rights of others by you. Some jurisdictions limit indemnification of consumers, so that some or all of the indemnification provisions above may not apply to you. If you are required to indemnify us, we shall have the right, at our sole discretion, to control any action or proceeding and determine whether or not to settle any such action or proceeding and, if so, upon what terms.

• Our customer service is available to address any concerns you may have regarding the Services. You can contact them at https://help.artcritic.com.
• Any issues we are unable to resolve as well as any dispute or claim arising from or related to these Terms or your use of the Services (individually, a “Claim”), except for matters described in Section 13(d) below, shall be finally resolved by binding arbitration by the International Arbitration Chamber of Paris, in accordance with its Commercial Arbitration Rules and the additional procedures for consumer disputes of the International Arbitration Chamber of Paris (the “CAIP”), excluding any rule or procedure governing or permitting class actions. The authority to resolve Claims shall be vested exclusively in the arbitrator and not a federal, state or local court or agency. The arbitrator is authorized to grant any relief that would be available in a court of law or in equity. The arbitration award is binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties acknowledge that, without this mandatory provision, they may have the right to sue in court and have a trial by jury. They further understand that, in some instances, the costs of arbitration may exceed those of litigation, and that the right to disclosure may be more limited in arbitration than in court. ANY ARBITRATION OF THIS NATURE WILL BE CONDUCTED BY THE PARTIES SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES WAIVE THEIR RIGHT TO INITIATE A CLASS ACTION OR SEEK REMEDIES ON A CLASS BASIS. If a court or arbitrator determines that the class action waiver set forth in the preceding sentence is invalid or unenforceable for any reason or that arbitration can proceed on a class basis, then the arbitration provision set forth in this Section 13 shall be deemed null and void in its entirety and the parties will be considered not to have agreed to arbitrate Claims.
• The rules governing arbitration can be found at www.arbitrage.org or by contacting the CAIP by phone at +33 142 369 965. If the initial filing fees for the arbitration exceed the initial filing fees for a lawsuit, the difference in fees shall be our responsibility. If the arbitrator determines that the arbitration is not frivolous, we will pay all actual filing and arbitration fees, provided your claim is less than €100,000. The arbitration rules also allow you to recover attorney’s fees in certain cases.
• Section 13(b) does not apply to claims (i) in which one party seeks to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret or moral rights, but excluding its rights of privacy or publicity), or (ii) that may be brought in small claims court.
• Right to Opt-Out within 30 Days. You have the right to opt-out of the provisions stated in Section 13 by sending to our help center a message informing us of your decision to exercise your opt-out right within 30 days of the commencement of your use of the Services. If you send such notice, Section 13 will not apply to either party. If you do not send such notice, you agree to be bound by Section 13 of this document.
• You and ArtCritic agree that the Commercial Court of Paris (France) has exclusive jurisdiction in the event of an appeal of an arbitration award as well as for lawsuits between the parties not subject to arbitration. Any dispute between the parties shall be governed by this Agreement and French law, without regard to the principles of conflicts of law that may lead to the application of the law of another jurisdiction.

If any portion of these Terms is found to be illegal, void, or unenforceable for any reason, that portion will be severed from these Terms, and the remainder of the Terms will remain in full force. Our failure to enforce any one or more of these Terms does not constitute a waiver of our rights. Any waiver of these Terms must be in writing and signed by an authorized representative of ArtCritic.

We may modify these Terms from time to time. In such cases, we will notify you of any changes, such as by posting the most recent version on our Services and updating the “Last Updated” date above. You can view the most recent version of the Terms at any time by clicking on “Terms of Use” at the bottom of the relevant web page. We encourage you to review them regularly to see updates. If you continue using the Services after we notify you, you confirm that you have accepted the modified Terms. If you do not agree to the modifications to the Terms, you must cease using the Services.