For the purpose of these Terms ART DE VIVRE sets up the following provisions:
- Intellectual Property
- Use of ART DE VIVRE Content
- Registration, Passwords and Responsibilities
- Subscription and Cancellation
- Fees and Payments
- User-Created Content
- Changes to the Site and Digital Applications
- Liability and Indemnity
- Force Majeure
- Term and Termination
- Governing Law and Jurisdiction
- Previous versions of our Terms
These Terms were last updated on 17 June 2022 and are effective as of that date.
Article 1. Intellectual Property
The contents and design of the Site, any Digital Application, any article and picture, and any material e-mailed to you or otherwise supplied to you in conjunction with the Site and/or a Digital Application (such contents, design and materials being collectively referred to as the "ART DE VIVRE Content"), is copyright of ART DE VIVRE and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (including, without limitation, ART DE VIVRE name and logo or other trade names and logos appearing on the Site or any Digital Application) for any reason without written permission from ART DE VIVRE and/or its licensors. The software that operates the Site and all Digital Applications is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software of the Site of ART DE VIVRE.
For more information please refer to the Copyright Policy.
Article 2. Use of ART DE VIVRE Content
All ART DE VIVRE Content is designed strictly for personal, non-commercial use.
You may retrieve and display ART DE VIVRE from the Site on a computer screen or mobile device, print individual pages on paper (but not photocopy or screen them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use.
You may use Digital Applications only on devices for which they were intended, for your personal, non-commercial use and on no more than five separate devices. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit any ART DE VIVRE Content. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from ART DE VIVRE:
- Reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the ART DE VIVRE Content; or
- modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the ART DE VIVRE Content (including as part of any library, archive or similar service) without the prior written consent of ART DE VIVRE; or
- remove the copyright or trademark notice from any copies of ART DE VIVRE Content made under these Terms.
Any use of ART DE VIVRE Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to the Law department, by email at firstname.lastname@example.org and may be subject to a fee.
Provision 3. Registration, Passwords and Responsibilities
You are responsible for keeping your information and passwords up to date and confidential.
Certain areas or features of artdevivre.com Site and/or Digital Applications in respect of ART DE VIVRE (the “ART DE VIVRE Site and Digital Applications”) may only be open to registered users or subscribers. By registering for an account on the ART DE VIVRE Site and Digital Applications and not also becoming a subscriber, you will become a customer of ART DE VIVRE as a “Registered User”. Being a Registered User shall entitle you to certain benefits as amended from time to time. For an up-to-date information you should check the benefits page.
Certain areas or features of ART DE VIVRE may only be open to subscribers and certain features of ART DE VIVRE Digital Application may only be open to subscribers that create an account on artdevivre.com.
By providing your email address on certain Sites or Digital Applications in order to receive certain products or services but not also becoming a subscriber or a Registered User, you will become a “Recipient”.
You are solely responsible for the confidentiality and use of and access to ART DE VIVRE Content and the Site and/or Digital Applications using your user name and/or password.
You agree to immediately notify ART DE VIVRE if you become aware of the loss, theft or unauthorized use of any password, user ID or e-mail address or of any ART DE VIVRE Content. You will provide ART DE VIVRE with accurate, complete registration information and inform ART DE VIVRE of any changes to such information. For the purpose of confirming your compliance with these Terms, ART DE VIVRE reserves the right to monitor and record activity on the Site and Digital Applications, including access to ART DE VIVRE Content.
Each registration and subscription is for the personal use of the Registered User or subscriber only. You may not share your log-in details or password with any other person. You may not share or transfer your subscription. ART DE VIVRE does not allow multiple users (networked or otherwise) to access the Site and/or any Digital Application through a single name and password and may cancel or suspend your access to the Site and/or a Digital Application if you do this, or breach any of these Terms without further obligation to you.
Provision 4. User-Created Content
You are responsible for all content you post in comments section or otherwise.
The Site and any Digital Applications may include comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback to ART DE VIVRE and interaction between users and ART DE VIVRE’s representatives ("Forums"). While ART DE VIVRE does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.
You are solely responsible for the content of your Messages. You must comply with any rules posted by ART DE VIVRE on a Forum
ART DE VIVRE respects your privacy.
By submitting Messages or Comments on the artdevivre.com you agree to indemnify and hold harmless ART DE VIVRE from all claims, costs and expenses (including legal expenses) arising out of any Messages or Comments posted or published by you that are in breach of this section.
ART DE VIVRE has no control over individuals posting Messages or Comments. ART DE VIVRE cannot guarantee the accuracy, integrity or quality of any Messages or Comments. Some users may breach these terms and post Messages or Comments that are misleading, untrue or offensive. You must bear all risk associated with your use of the artdevivre.com and should not rely on Messages or Comments when you make (or refrain from making) any specific act.
Provision 6. Changes to the Site and Digital Applications
The ART DE VIVRE reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of ART DE VIVRE Content available on the Site and/or on a Digital Application at any time and to restrict the use and accessibility of the Site and its Digital Applications.
Provision 7. Liability and Indemnity
All ART DE VIVRE Content and services are provided “as is”. You indemnify us for breaches of these Terms.
Although we endeavor to ensure the highest quality and accuracy of the Site and Digital Applications, ART DE VIVRE makes no warranty, express or implied concerning ART DE VIVRE Content, any Digital Application, the Site or any software that are made available through the Site (the “Services”), which are provided “as is”. ART DE VIVRE expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will ART DE VIVRE, its agents, suppliers or licensors be liable for indirect, special, incidental, and/or consequential damages that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services, even if ART DE VIVRE has been advised of the possibility that such damages may arise.
ART DE VIVRE does not guarantee the accuracy, content, or timeliness of the Services or that they are free from viruses or other contaminating or destructive properties.
In no event will any liability of ART DE VIVRE or its agents, suppliers and licensors to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or in breach of these Terms by ART DE VIVRE.
Upon ART DE VIVRE’s request, you agree to defend, indemnify and hold harmless ART DE VIVRE, its agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Services.
Provision 8. Force Majeure
ART DE VIVRE will not be held responsible for circumstances beyond its control.
ART DE VIVRE, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the ART DE VIVRE Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Provision 9. Miscellaneous
Additional Terms apply to your use of ART DE VIVRE.
Changes to these Terms.
ART DE VIVRE may, in its discretion, change these Terms (including those that relate to your use of the Site, Digital Applications and/or ART DE VIVRE Content). Whenever the Terms are changed, ART DE VIVRE will notify you by e-mail, directly through the Site and/or Digital Application, or by publishing the revised terms on the website.
If you use the Site and/or a Digital Application after ART DE VIVRE has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site or a Digital Application any further after they are published. Access to certain ART DE VIVRE may be subject to additional terms and conditions. ART DE VIVRE may also modify, limit or terminate any Subscription offer at any time without prior notice.
Advertising, Third Party Content and other Web Sites.
Parts of the Site and/or Digital Applications may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. ART DE VIVRE is not responsible for any third party content or error, or for any omission or inaccuracy in any advertising material. The Site and/or Digital Applications may also contain links to other web sites. ART DE VIVRE is not responsible for the availability of these websites or their content.
Assignment of Agreement.
This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by ART DE VIVRE.
No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices to ART DE VIVRE must be given in writing, by letter, and sent to ART DE VIVRE, to the following email address: email@example.com (for the attention of Legal Department) or by post to the following address: 9 rue du General de Larminat, 75015, Paris, France, Attn: Vladislav Rodionov, Art de Vivre.
Severability/Survival/Statute of Limitations.
If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid. Rather, the Terms will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein.
Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings in these Terms are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms.
Provision 10. Term and Termination
ART DE VIVRE may terminate or suspend your access to ART DE VIVRE Content at any time.
ART DE VIVRE may, in its discretion, terminate or suspend your access to and/or use of all or part of the Site and/or a Digital Application (including any ART DE VIVRE Content) with or without cause by delivering notice to you.
These rights of termination are in addition to all other rights and remedies available to ART DE VIVRE under these Terms or by law.
Provision 11. Governing Law and Jurisdiction
These Terms (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of England and Wales without regard to choice or conflicts of law principles.
You and ART DE VIVRE further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration provision or to the arbitrability of any claim or counterclaim.
Exceptions to Mandatory Arbitration.
Notwithstanding the foregoing, to the extent the dispute arises from a violation of your or ART DE VIVRE’s intellectual property rights in any manner, both parties agree that the non-infringing party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the Governing Law and Jurisdiction subsections, and both parties consent to exclusive jurisdiction and venue in such courts. Additionally, you or ART DE VIVRE may take the dispute to small claims court if the dispute qualifies for small claims court.