- Terms of Service
Article 1: object
These "general terms of use" are intended to provide the legal framework for the provision of services on the website https://artistes.nc/ and their use by the "user".
The General Terms of Use must be accepted by any user wishing to access the site. They constitute the contract between the site and the user. Accessing the site by the user signifies their acceptance of these general terms of use.
Possibly :
If the user does not accept the General Terms and Conditions of Use stipulated in this contract, they must refrain from accessing the services offered by the site.
Artists NC reserves the right to unilaterally modify the content of these General Terms of Use at any time.
Article 2: Legal Notices
Online NC Company is responsible for publishing the website https://artistes.nc/.
Online NC is a limited liability company with a capital of 100,000 XPF, whose registered office is located at 10 rue Simon, Logicoop, 98800 Ducos, Nouméa.
The website is hosted by Vultr, located at Binary Lane Pty Ltd. S04 Level 1, 34 Coonan Street, Indooroopilly QLD 4068, Australia
The website's legal notices are accessible at the following address: https://artistes.nc/mentions-legales/.
Article 3: Definition of terms
The purpose of this clause is to define the essential terms of the various contracts on the current site:
Defined by:
– Content creator : Any person who registers on the site, adding and publishing content (profiles, events, articles, announcements).
– Visitor : Any person browsing the site without having registered.
– Subscriber : Any person, registered or not, who subscribes to the site's newsletter.
– Customer : Any person validating an order on the site, the customer is necessarily a user who has published a profile on the site.
– Author : A person who adds content of any kind (articles, pages, profiles, events, announcements, etc.)
– The term "user" therefore represents all the people mentioned above.
– Product : packages, promotional offers, advertising space
– Order : the act of purchasing a product
– Login : Term which refers to the action of providing one's username and password in order to access one's personal space on the site.
– Dashboard : Personal space, reserved for users registered on the site
– Username and password : All the information needed to identify a user on the site.
The username and password allow the user to access services reserved for content creators and clients of the site. The password remains confidential.
Article 4: Access to services
The site allows the user free access to the following services:
– Advanced search for artists or craftspeople, events and all types of structures related to art and culture in New Caledonia
– Participation in competitions
– News blog
– Podcasts & various shows
– Connecting people
– Adding favorites
– Content publication (except Profiles)
The site is accessible free of charge from all locations and to any user with internet access. All costs incurred by the user to access the service (computer equipment, software, internet connection, etc.) are their responsibility.
Depending on the case:
Users who are not logged in to the site do not have access to services reserved for content creators and clients. To access these services, they must log in using their username and password.
The site implements all the means at its disposal to ensure quality access to its services. The obligation being of means, the site does not undertake to achieve this result.
Any event due to a case of force majeure resulting in a malfunction of the network or the server does not engage the responsibility of Artists NCAccess to the site's services may be interrupted, suspended, or modified at any time without prior notice for maintenance or any other reason.
Artists NC cannot be held responsible for financial, commercial or reputational losses resulting from a temporary or permanent unavailability of services.
The user acknowledges that access to the site is provided "as is" and without any guarantee of continuity.
The user agrees not to claim any compensation following the interruption, suspension or modification of this contract.
The user has the option to contact the site by email via its contact form.
Article 5: Personal data
The information requested during site registration is necessary and mandatory for creating a user account. In particular, the email address may be used by the site for the administration, management, and operation of the service.
The site ensures the user that personal information is collected and processed in compliance with privacy laws in force in Metropolitan France since May 25, 2018; the General Data Protection Regulation strengthens and unifies data protection for individuals within the European Union.
In accordance with current regulations, the user may request the deletion of their account and personal data at any time via the contact form.
Accounts that have remained inactive for more than 24 months may be deleted or deactivated by Artists NC, after prior notification to the email address associated with the account.
The user has rights regarding their personal data. For more information, please consult our Cookie Policy.
Article 6: Liability and Force Majeure
The sources of information published on this site are considered reliable. However, the site reserves the right not to guarantee the reliability of these sources. Therefore, the user assumes full responsibility for the use of the information and content on this site.
The user is responsible for keeping their password secret. Any disclosure of the password, in any form whatsoever, is prohibited.
The user assumes all risks associated with the use of their username and password. The website accepts no liability.
The user assumes the consequences of publishing AI content.
The user guarantees that they hold all the necessary rights to publish their content and agrees to indemnify Artists NC in the event of a claim or legal action related to its publications (counterfeiting, copyright infringement, invasion of privacy, defamatory statements…).
The site is committed to implementing all necessary measures to ensure the best possible security and confidentiality of data.
The site cannot be held liable in the event of force majeure or the unforeseeable and insurmountable fact of a third party.
For more information regarding the collection and processing of personal data, please refer to Article 2 of our Privacy Policy.
Article 7: Hyperlinks
Many outgoing hypertext links are present on the site, however the web pages to which these links lead do not in any way engage the responsibility of Artists NC, which has no control over it.
Users are prohibited from inserting links leading to illegal, misleading, malicious content or content that infringes on the rights of third parties.
Artists NC reserves the right to remove any link deemed inappropriate without prior notice.
The user therefore agrees not to hold the website liable for the content and resources related to these external hyperlinks. Refer to the "Hyperlinks" section in our Legal Notice for more details on hyperlinks.
Article 8: User-generated content
The site allows users to publish:
– Profiles
– Pages
– Events
– Images related to competitions
– Announcements
In their publications, users agree to comply with the rules of Netiquette, these General Terms of Use, as well as all applicable laws and regulations.
The site exercises moderation [a prior / a posterior] on publications and reserves the right to refuse or delete any online posting without having to justify itself to the user.
All users assume full responsibility for the content they publish. It is their responsibility to verify the accuracy of the information provided, to act as its legal representatives, and to ensure that no third-party rights (copyright, related rights, trademarks, image rights, etc.) are infringed. The owners of content copied or used without authorization may take legal action against the user in question.
The user retains full ownership of their intellectual property rights to the content they publish.
By publishing content, the user agrees to Artists NC a non-exclusive, worldwide, free and transferable license allowing it to reproduce, represent, adapt, modify and distribute the content in connection with the operation of the site and its promotion (including on the internet, social networks and any digital or physical medium).
This license does not grant any right to resell the works by Artists NC.
Authors of blog articles must cite their sources when their content relies on external information.
The publishing company undertakes to display the user's name next to each use of their publication.
Article 9: Content generated by artificial intelligence
Website Artists NC Its mission is to promote, as a priority, artists and original creative works resulting from human labor.
1. Limited use of AI
The user agrees not to publish on the site any content (images, texts, videos, audio or any other media) entirely generated by artificial intelligence systems, without significant creative intervention on their part.
The use of AI tools to assist creation is permitted provided that the final work retains a personal and substantial creative contribution from the user.
2. Obligation of transparency
When published content has been partially assisted by AI, the user must clearly and honestly mention this in the description or information accompanying the work.
3. Moderation and right of withdrawal
Artists NC reserves the right, at its sole discretion, to verify the compliance of published content with these conditions, including the authenticity of creations.
The site may at any time refuse, suspend or remove any content deemed non-compliant, misleading, or detrimental to the spirit of promoting artists and original works.
4. Sanctions
Any breach of this rule may result in measures ranging from the removal of the content in question to the deletion of the user's account, without prior notice or compensation.
Article 10: Contract Evolution and Duration
The site reserves the right to modify, at any time and without notice, the clauses stipulated in this contract.
The duration of this contract is indefinite. The contract takes effect with regard to the user from the use of the service.
The user will be notified by email of any updates to these General Terms and Conditions of Use.
Continuing to access the site or use its services after notification or publication of these changes constitutes full and complete acceptance of the new terms.
Article 11: Applicable Law and Jurisdiction
This contract is governed by French law. In the event of a dispute concerning the application or interpretation of this contract, the parties agree to seek an amicable solution. If no amicable solution can be reached, the courts of Nouméa shall have exclusive jurisdiction.