Condition of use
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE ARTTRUST WEBSITE ESPECIALLY BEFORE ACCESSING THE INFORMATION IN THE DATABANK.
I Overview of ARTtrust solution
Welcome to the website ARTtrustonline®, website of PROOFTAG SAS which markets a unique authentication and traceability solution for artworks.
Our mission is to create the world recognized standard for traceability of artworks or individualized and authenticated reproductions. Its aim is to help increase the value of artworks in the interests of all stakeholders in the art market. Its revenues are contributed by subscribing to the website and selling of seals on the Website or in its distribution network.
II The founding of the ARTtrust solution
ARTtrust was born from the collaboration of Prooftag, Hewlett Packard, hereinafter referred to as HP, and Wilhelm Imaging Research Inc., hereinafter referred to as WIR.
- Prooftag® is the inventor of the Bubble Tag ™, physical element that cannot be reproduced identically even by its manufacturer, used for protection of brands and products, as official documents or identity.
- HP is a technology company that operates in more than 170 countries worldwide. Its technology and services are designed to provide answers to the problems and challenges faced by individuals and businesses, combining innovative thinking and ideas to create easier, more valuable and more reliable technologies.
- Wilhelm Imaging Research is an independent laboratory that conducts research on the stability and preservation of photographs and films from digital or conventional techniques. WIR publishes the longevity data for each printer brand, for offices or large format. Wilhelm Imaging Research also acts as a consultant for museums, public archives and private collections for sub-zero temperatures storage for a very long storage of photographic films and prints.
III Presentation of the ARTtrust solution
The ARTtrust solution is designed for artists (photographers, painters, sculptors, designers, filmmakers, digital artists ...), printers (professional photo labs, print service providers specializing in fine arts and reproduction, artists making their impressions themselves ...), art dealers (galleries, auction houses ...) and collectors (private and public collections, institutions and museums ...).
The Website allows on one hand to access online information indicated by the Purchasers of the Solution, artists or entitled on their works, and on the other hand it allows the buyers of Art to know the provenance of the artworks.
Each user can visually check via his cell phone or computer the authenticity of an artwork by entering the number on the silver or on the gold seal in a text box provided for this purpose on the site's home page. It will show a picture of the Bubble Tag ™, and will allow a visual comparison, authenticating the Bubble Code in his hand matches the information that are attached to the PROOFTAG database.
IV User Acceptance
PROOFTAG invites users to print a copy of these terms and conditions so that they can easily refer to it
This page (and other documents to which it refers) provides information on the conditions under which you may use our website http://www.arttrustonline.com, as well as a guest as a registered user. We invite you to read these rules before starting to use the ARTtrustonline® website and view information from our database. By using the ARTtrustonline® website you accept these conditions and you agree to comply with them. If you do not accept these terms, please do not use the ARTtrustonline® website.
Article 1 - Definitions
For the purposes of these terms and conditions the following words beginning with a capital letter have the meanings assigned to them below:
"PROOFTAG" or "We" or "ARTtrust": This term refers to the company PROOFTAG SAS, simplified joint stock company with a capital of € 559,950 based in Montauban (82000), 1100 Avenue de l’Europe ZA Albasud and inscribed at the register of trade and of companies of Montauban under number 477 790 059.
A "solution" or "Product": This term refers to the product and service sold by the company PROOFTAG, consisting of a set of seals, and a right to authenticate an artwork on the database;
A "Seal": This term refers to the immovable and non-falsifiable label that includes a Bubble Code produced by Prooftag, a reference number, the corresponding Datamatrix code, the name ARTtrust or the name the buyer chooses (artist / galleries etc.) and the address of the ARTtrust website, or of the person that the buyer chooses (artist / galleries etc).
A "User" or "You": This refers to a person accessing the ARTtrustonline® website and who is viewing the information of the database
A "Service": Access to the database for ARTtrustonline® users
The "BDD": This term refers to the ARTtrustonline® website database, it allows the Buyers to link a seal with a code and thus to an Authenticated artwork by the buyers of a seal.
"Authenticate" or "Certify": This term refers to the action of the Buyer to place a Seal on an artwork and who inscribes this associated artwork with the registered Seal code on the database to demonstrate the authenticity of the work.
The "Buyer": This term refers to the person having the rights of use and enjoyment of an artwork subscribing to the Solution to certify the artwork. This term includes:
• The artists themselves;
• The individual artist's partners, such as for example their agents, agencies, Galleries, professional labs, independent shooters and in general any person or entity to which the artist has decided to delegate the entering of information of his artworks
The person entitled: person with a right because of its legal, tax, financial, or family relationship with the direct beneficiary of the right, for example, the heirs, rights management societies of author or publishers. One that legitimately owns the copyright of an artist will have to justify these rights by communicating to ARTtrust a legal evidence or official attesting expertise.
The "website", “site” or "ARTtrust website": This term covers the www.ARTtrustonline.com website and all applications for mobile phone and / or tablet that allow to access to the database.
Article 2 - Conditions of access to the ARTtrust website
The access to the ARTtrust website is allowed temporarily and we reserve the right to withdraw or amend the service we provide through the Website without prior notice. We exclude all liability if for any reason the ARTtrust website was temporarily unavailable at any time or for any period whatsoever.
Periodically, we may restrict access to some or all parts of ARTtrust website.
It is your responsibility to make all arrangements necessary for you to access the ARTtrust website. It is your responsibility to ensure that all persons who access the ARTtrust website through your internet connection are aware of these conditions and compliance.
Article 3 - Use of the ARTtrust website
From the ARTtrust website you can view the database and thus check the Authenticity of the seal of the artwork certified by the artist.
The access to the website and to its content are free for consultation and control of the authentication made by the purchaser of artworks, without giving the right to publish, reuse or provide third parties with content for any purpose whatsoever. If there is a failure to comply with these requirements, access to the Site may be suspended by the sole decision of PROOFTAG, without recourse from the one who was not complied with the terms and conditions described here.
The PROOFTAG company reserves the right to limit the number and frequency of queries and consultations effected on its website, any such reduction or limitation cannot give rise to any claims or damages from the user.
We prohibit any non-customary requests, any automated consultations, especially those generated by a machine, software or hardware system, and any consultation based on algorithms, mathematical series or by comparison with another database.
You are not permitted to copy the images of the works included in the database.
You are not allowed to use the ARTtrust website or its contents:
- for commercial purposes,
- in order to sell the information it contains, including the systematic extraction and, or, re-use of any part of the ARTtrust website content,
- downloading (other than the screenshot) or change the ARTtrust website or any portion of it,
- for any purpose or effect whatsoever that would be contrary to law.
Article 4 - Intellectual Property Rights
The information published on the ARTtrust website are protected by copyright, trademark law, the law of databases and other laws and conventions concerning the protection of intellectual property around the world. All such rights are reserved.
You cannot change in any way the paper copies or copies done on digital media for all the items you printed or downloaded, and you must not use any illustrations, photographs, video or audio or graphic representation by separating the text that may accompany them.
The use of the ARTtrust website does not allow you to associate or to make use of brands, models, and presentations, or logos of any kind contained in it.
The ARTtrust name and logos appearing on the website are trademarks owned by the PROOFTAG company or its partners.
Article 5 - The ARTtrust website is modified regularly
We aim to update the ARTtrust website and ensure continuity of service regularly and may change the content at any time. If necessary, we may suspend access to the ARTtrust website or its services indefinitely at any time. It is possible that an item listed on the ARTtrust website is outdated and we have no obligation to update it or to refresh it.
Article 6 - Changing the BDD
No information on a work can be removed from the database. If new information on a work or errors are made by the Purchaser who verified the authenticity of the seal of an artwork, it can only be corrected by adding data.
ARTtrust launches data related to artists and artworks seized by Buyers. The PROOFTAG company is committed to an obligation of means in coordinating between the seals and the reference number and maintaining the consistency of the database to allow consultation at all times and in all places.
Article 7 - Liability of ARTtrust
7.1. The ARTtrust website is provided "as is". While we have taken great care in preparing the content of the ARTtrust website, we cannot guarantee its accuracy nor that it is error-free. We cannot be held responsible for any errors or omissions or any technical difficulties you may encounter on the ARTtrust website.
We assume no responsibility concerning anyone for any injury, loss or damage that may result from the use, or misuse, of the ARTtrust website or any of the items of the ARTtrust website (including error on the thing or its value, lost revenues, lost profits, loss of contracts, failure to realize savings envisaged, costs and expenses incurred for nothing, loss of data or intangible assets).
7.2. It is the buyer that authenticates the seal of the artwork and not PROOFTAG. PROOFTAG, despite the care put into the holding and the verification of the database has not the technical capacity to certify the rights of the Purchaser on the work it authenticates. PROOFTAG therefore disclaims all liability in the event that the Buyer does not have the rights to the work it authenticates. However, PROOFTAG provides a copy of the written request of the certificate sent by the Buyer PROOFTAG to justify its rights to the work.
PROOFTAG urges users to proceed under their own responsibility to further checks if there was a doubt on the Rights of the Buyer who performed the authentication.
The photographs, texts and illustrations representing the works are written and inserted by the Buyer under his sole responsibility. PROOFTAG would not be held responsible in cases of discrepancy of these elements with the work.
The PROOFTAG company will do its best to correct errors identified by adding a comment.
7.3. Similarly, PROOFTAG cannot be held responsible and therefore judge the morality expressed in certain artworks. However, PROOFTAG reserves the right to remove any textual or visual information terrorist, racist, pedophile, excessively violent, or any other characteristic contravening international laws.
7.4. Modification of the number of prints :
Once the artists or the person entitled has affected a kit to a piece of art, the modification of the number of prints of this edition (limited or unique) is strictly impossible.
7.5. PROOFTAG makes no warranty or encounters no responsibility for any error in the handling of the database, other than its best efforts to recreate the information in the best period when it is possible.
We are committed to provide all the care in use in the profession for the implementation of the service to the client. Nevertheless, our responsibility could not be retained in case of breach of our contractual obligations because of a fortuitous event or a major force event such as, without limitation, disasters, strikes, fires, floods, failure or breakdown of equipment, means of transportation, communication, or because of your actions.
7.6. Similarly, PROOFTAG cannot be held responsible, whatever the maturity of time whatsoever, of the durability of the print displayed on the website, because the conditions of use of the print cannot be considered compared to the conditions in laboratory. Indeed, PROOFTAG has no knowledge of the holder of a work at a given time nor of the conditions under which that work is held, conserved or presented.
In some cases, PROOFTAG can display the results of durability testing of prints from recognized or independent laboratories or technical processes of suppliers or carriers. In this case, the information will be made available under the sole responsibility of the issuer and PROOFTAG will provide relevant links to their websites.
7.7. In no means PROOFTAG, its representatives or its employees can be liable for any direct or indirect economic losses, whether these losses are foreseeable or provoked or not by PROOFTAG’s negligence in connection with or arising from the use of the ARTtrust website.
You will fully indemnify PROOFTAG, its partners, its directors, its officers and its employees and will guaranty them against any third party claim related to the use of any part of the ARTtrust website or any content or any application related to the ARTtrust website.
Article 8 - Transfer- Use
The use of the user account is personal.
The Buyer and the User prohibit themselves to assign, transfer or sublicense its rights as a User or Buyer to anyone.
However, they may delegate to other people the entering of information on their behalf. PROOFTAG will not publish this information until the buyer will formally authorize it too, under the procedure provided for this purpose on the website. In this case, they pull away PROOFGTAG from any responsibility for the consequences of such use, which must in all cases be in accordance with these terms and conditions.
Article 9 - Viruses, hacking and other offenses
You must not use the ARTtrust website for harmful purposes by the deliberate introduction into the system of viruses, Trojan horses, worms, logic bombs or other intentional or technologically harmful components. You must not attempt to access the ARTtrust website, the server on which to store the ARTtrust website or any server, computer or database connected to the ARTtrust website without being duly authorized to that effect. You must not attack the ARTtrust website or service as an attack leaded by denial of service or an attack distributed by denial of service.
By violating these provisions, you would make yourself guilty of the offenses referred to 322-1 and following and 323-1 and following of the Penal Code. We can report any breach of such authorities and agencies responsible for enforcing the relevant legislation and work with them by disclosing your identity. On the occurrence of such a breach, your right to use the ARTtrust website and our Service will cease immediately.
We assume no responsibility of any injury, loss or damage that would be caused by an attack distributed by denial of service, viruses or other technologically harmful or dangerous elements that are likely to infect your computer equipment , programs, data or other proprietary material due to the use of the ARTtrust website, or on any website linked to it.
Article 10 - Links from the ARTtrust website
In case the ARTtrust website contains links to other sites and resources provided by third parties, these links are provided for your information. We have no control over such websites or resources, and we accept no responsibility for them or for any injury, loss or damage that may arise from their use.
PROOFTAG has reserved the right to change the terms and conditions of sale, it is the customer's responsibility to check the website to be aware of any changes made. The changes will take effect 24 hours after publication and must be accepted as is by the users in the future.
If the client continues to use the website after the posting of such changes, he will be deemed to have accepted this agreement with the changes.
If the client does not agree with these changes, he will have to inform the PROOFTAG company within 30 days of their transmission.
Article 12 - Computing and Liberties
By using the ARTtrust website you agree that we treat them as personal data concerning you and you guarantee that all data provided by you is accurate.
Under the law 78-17 of 6 January 1978, it is reminded that personal data requested from you is necessary for the proper functioning of the website.
The treatment of the information provided through the ARTtrust website has been declared to the CNIL.
The User has, in accordance with national and European regulations of a permanent right of access, modification, rectification and opposition with regard to information about it.
Article 13 - Respect for privacy
13.1. Personal data
When shopping or consulting of the database, we only ask you for the information needed to ensure the quality of our services and the processing of your order. We may need to pass them in the future to our partners, suppliers or affiliates.
According to Article 27 of the Data Protection Act of 6 January 1978, amended in 2004, you have the right to access and correct the data concerning yourself. All you have to do is to to access the My Account section on our website using your username and password or send an email to the following address:
Correction of personal data -
1100 Avenue of Europe
For any other question concerning the protection of your personal data, you can send us an email via our contact page.
By adhering to these terms you acknowledge having read our policy of protection of personal data and agree that we collect and use the data.
We need this information to understand your needs and provide you with the best service, and in particular for the following reasons:
- We may use the information to improve our website (we continually seek to improve our website offerings through the information and feedback that you provide).
- We may use the information to improve our products and services.
- We may occasionally send promotional emails about new products, special offers or other information of interest to you at the address you provided.
- We also sometimes use your information to contact you for market research. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.
You can also, for legitimate reasons, oppose the processing of your data.
Article 14 - Tolerance
The fact that one of the parties did not require the application of all or part of the commitments stipulated in these terms and conditions, whether permanent or temporary, cannot be regarded either as a modification of these terms or as any right in favor of the User.
Article 15 - Jurisdiction and Governing Law
ALL DISPUTES RELATING TO THE EXECUTION OF THESE TERMS AND CONDITIONS, TO THEIR INTERPRETATION OR THOSE WHO WILL BE THE RESULT OR THE CONSEQUENCES WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT COURT OF MONTAUBAN (FRANCE).
HOWEVER, THE PARTIES UNDERTAKE TO NEGOTIATE IN GOOD FAITH TO FIND A FRIENDLY SOLUTION BEFORE PROCEEDING TO THE COMPETENT COURT. PAST WITHIN FOUR WEEKS IF THE NEGOTIATIONS COULD NOT ACHIEVE, THE MOST DILIGENT PART WILL SEIZE COURT.
These terms and conditions are written in French and English. In case of dispute only the French text will prevail.