AGREEMENT ON TERMS AND CONDITIONS OF USE
I - Scope - Field of application
FineArtTv.tv offers to its user, in return for payment, access to the information available at the moment of connection.
The present Agreement in Terms and Conditions of Use apply to all products and services proposed and offered by FineArtTv.tv, irrespective of whether these have been purchased on a unit, pack, or subscription basis.
By buying the products online or using the services offered, the client declares using the services offered by FineArtTv.tv in accordance with the applicable law and the following Terms and Conditions of Use.
II - Conditions of use
1- The contractual information is presented in French and English. FineArtTv.tv reserves the right to annul any order by a client with whom a payment dispute should exist, in this case the aforementioned client will not be able to claim any compensation on whatever basis.
2- Validation by a client of his order implies full and unreserved acceptance of the present Terms and Conditions of Use. The data recorded by FineArtTv.tv on the site http://www.finearttv.tv/ constitute full proof for all transactions having been concluded between FineArtTv.tv and its clients. The data recorded by the payment system constitute full proof for the financial transactions having occurred.
III - Payment and conditions of payment
The prices of our products are shown in euros, all taxes included. All orders, whatever their origin may be, are payable in euros. FineArtTv.tv reserves the right to modify the prices at any time. Products are always billed on the basis of the tariffs in force, at the moment a transaction is recorded. The special offer "3 months + 1 month offered for 32,99 Euros" applies at the end of the first month of subscription, renewal is automatic for a period of 3 months for the price of 32,99 Euros. Promotional subscription rates apply from the first subscription.
Payments are made through bank cards and the PayPal system: mostly bank cards dependent on the original country are accepted as well as the American Express, Eurocard / Mastercard and Visa International cards.
The offered price should be paid automatically by credit card according to the payment procedure as laid out during the registration process.
The services offered by FineArtTv.tv are paid.
The client is solely responsible for the payment of the purchased product. Only the user is responsible for the service offered. FineArtTv.tv bears no responsibility for any problems that may occur during the payment process, linked to the functioning of the services of e-commerce.
3- Security of payments
All transactions on FineArtTv.tv are effectuated through PayPal, of the Ebay Group, or CCBILL. These are amongst the leaders in the worldwide market of payment services: http://www.ccbill.com, http://www.paypal.com.
To increase the security of payments, the 3-digit security number at the back of your credit card (4-digit number for American Express cards) is required, in order to conclude any transaction.
IV - Subscription terms and terminaion
The payment terms and conditions that apply to the whole offer (see article III) apply also for the subscriptions.
Within the context of an open-ended subscription, renewal of the subscription for an equal period occurs tacitly and automatically. The client can at any moment ask for the termination of his subscription by sending a simple email to customer services and (or) via his account opened at "PayPal" or "CCBILL". Customer services will ask the client to confirm his request by sending back an email, before carrying out the suspension of the subscription. Termination will take effect at the end of the last billed month.
An individual subscription to the web channel FineArtTv.tv gives rights to access, articles, photographic portfolios and short films. Access to the archives depends on the type of subscription.
To give access to the web channel FineArtTv.tv, the subscription to FineArtTv.tv must have been made on an individual basis. Each individual subscription gives rights to one and only access to the subscribers' edition and one and only access to the website. In order to access the web channel FineArtTv.tv, the subscriber must provide a valid subscriber's identification number.
V - Availability
Our product offers and prices are valid for the periode they are published on the site.
Where a user enjoys favourable terms and conditions owing to one of the partners of FineArtTv.tv, the preceding favourable terms and conditions cannot under any circumstances be combined with others offers proposed by FineArtTv.tv or by one of its partners.
VI - Delivery
The products are directly accessible on line on the client's browser after validation.
The contents and services for any subscription proposed by FineArtTv.tv are specifically accessible only for the duration of the current subscription period.
VII - Customer service
For all information or questions, please contact our Customer Service.
VIII - Confidential information
FineArtTv.tv commits that all information recorded, concerning the use by a client of the electronic trade services, in order for him to buy or acquire a product of FineArtTv.tv, and which information could allow the aforementioned client to be identified, should be regarded as strictly confidentialproperty of FineArtTv.tv.
IX - Protection of privacy
FineArtTv.tv respects the privacy of its users and clients and fully abides by the laws for the protection of privacy and of individual freedoms in force in the United Kingdom. FineArtTv.tv reserves the right to inform its clients with emails of the development of its own services or commercial offers. Clients may cancel their subscription to these emails.
FineArtTv.tv re-states that the articles, photographic portfolios, photographs, videos, drawings and any material accessible on the web for the use of the clients should not be communicated to third parties. The client will be held responsible for all unauthorised use of this confidential information, if he has provoked the unauthorised use.
X - Intellectual property
FineArtTv.tv is a product of LLP FINE ART TV. The logos Fine Art TV and FineArtTv.tv are registered trademarks. All texts, commentaries, works, illustrations and pictures reproduced on FineArtTv.tv are protected everywhere in the world by copyright and intellectual property laws. Therefore, in accordance with copyright and intellectual property rules, only a personal use of the site is permissible, without prejudice to any eventual stricter rules concerning intellectual property code. Therefore, the client is not allowed, except for personal use, to copy, reproduce, broadcast, distribute, sell, publish, or in any other way exploit and circulate in a different format whether or not electronic, any information found on FineArtTv.tv. Consequently, any other use, without prior express authorisation by FineArtTv.tv, constitutes a copyright infringement and is penalised by intellectual property laws. All reproduction of the constitutive elements of the subscription offer, whether total or partial, is strictly forbidden.
The reproduction of one or more of the contents as article, photographic portfolio or films and services of FineArtTv.tv, in their totality or not, is subject to reproduction rights. For all information relevant to this subject, please read the FAQ - Rights and Authorisation.
XI - Disclaimer - Limitation of liability
The client uses the services of FineArtTv.tv at his own risk and peril. FineArtTv.tv can in no case guarantee the unchangeability of the services offered. FineArtTv.tv's supply obligation is an obligation regarding the means, and therefore limited by its nature. Likewise, the information the client gets in the framework of the services proposed by FineArtTv.tv, whether through the site, emails or text messages, does not imply any warranties on the part of FineArtTv.tv, insofar as FineArtTv.tv is not the producer of this information. The articles of these Terms and Conditions of Use are in conformity with the British legislation in force. FineArtTv.tv will not assume responsibility for non conformity of these Terms and Conditions with the legislation of a country where the products are bought.
"The only warranty admitted by FineArtTv.tv relates to providing the client with the requested product and FineArtTv.tv MAKES NO further REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE quality or even the contents of the product, inasmuch as it is not the author of the provided data. IN NO EVENT SHALL FineArtTv.tv BE LIABLE IN ANY PARTY FOR DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES, for loss of information or problems occurring during the electronic payment, for costs linked to a delay or to the supply of replacement products or services, whATEVER the source, based on any legal theory of responsibility, emanating from the present Agreement (including but not limited to formal, contractual, tortious responsibility), EVEN IF FineArtTv.tv HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, notwithstanding a failure to perform basic obligations of limited recourse."
XII - Links
FineArtTv.tv or a third party may create a link to other sites or sources. FineArtTv.tv cannot in any way control these sites and sources and does neither answer for the availability of such sites and external sources nor guarantee it. FineArtTv.tv does not appropriate the contents, which these sites or sources give access to, and waives all responsibility and warranties as far as these contents are concerned. The links and in particular the searches are done to the greatest part automatically and, on account of their number, it is absolutely impossible for the staff of FineArtTv.tv to separately verify each and everyone of these.
In cases, where, there exists a link in FineArtTv.tv to an external web page, which depicts illicit material broadcasted by a third party, FineArtTv.tv will erase this link, after having been informed of the aforementioned content.
XIII - General clauses
1- Changes and waivers. FineArtTv.tv reserves the right to modify these Terms and Conditions of Use.
2- Concession. The client cannot concede to a third party any information that is exclusively reserved for personal use, at any moment deemed fit.
3- Applicable law. The Terms and Conditions of Use, all deeds and transactions by virtue of the present Terms and Conditions of Use as well as the rights and obligations of the parties in accordance with the present Terms and Conditions of Use shall be governed by the British laws and the parties accept the exclusive jurisdiction of the British courts.
4- Jurisdiction. If the parties do not achieve a settlement of their disputes relevant to the Terms and Conditions of Use within sixty (60) days after a written notification has been communicated by one of the parties to the other concerning such a dispute, the aforementioned dispute shall be judged by a competent court.
5- Integrality of the agreement. The Terms and Conditions of Use represent the integrality of the agreement existing between the client and FineArtTv.tv relevant to their legal relations.
6- Force majeure. Neither FineArtTv.tv nor any third party participating in the supply of the services offered by FineArtTv.tv will be held responsible in case of failure to execute or delay in executing their obligations under the Terms and Conditions of Use, when the failure or delay results from circumstances outside their control and will, including with no limitation all possible cases of force majeure, acts of civil or military authorities, fires, floods, earthquakes, riots, wars, sabotage, network failures, encoding errors of the electronic files, software limitations, disruptions to receive telecommunication services, or, governmental measures, as long as the parties concerned take all necessary action to mitigate the effects emanating from any of the aforementioned situations.
7- Basis for negotiations. The client and FineArtTv.tv acknowledge and admit that the exclusions of warranties and the limitations of liability laid out in the Terms and Conditions of Use have full effect and constitute the foundations of the Terms and Conditions of Use.
"The client" designates a natural person that registers and / or subscribes to FineArtTv.tv with the purpose of having access to the products offered by FineArtTv.tv on the site FineArtTv.tv.
"Personal information relative to a client" designates a client's full name, email address, company name and billing address (to the extent FineArtTv.tv collects such information).
"Information providers" designates a third person that provides information accessible through the services of FineArtTv.tv.
"Information" designates the texts, images and films on FineArtTv.tv.
"Price" designates the purchase price of the product.