These general conditions of use are concluded between:
On the one hand,
And:
On the other hand.
The Marketplace and the Organiser may be individually designated as the “Party” or collectively as the “Parties”.
This Website is a Marketplace that connects visual artists (photographers, painters, sculptors, collagists...) and artistic event companies.
The Marketplace is marketed under the name «Staam up» and is protected by copyrights.
The Marketplace provides opportunities for event companies to publish Calls for Applications to which visual artists can respond in order to participate in the events described in the Calls for Applications.
The use of the Staam up Marketplace implies the acceptance of the following provisions by any Organiser wishing to benefit from the services provided by the Marketplace.
The Marketplace is entitled to modify the provisions of the General Terms and Conditions of Use (hereinafter referred to as "the General Terms and Conditions or GTC"), provided that it informs the Organiser within THIRTY (30) Days before the entry into force of the new provisions. Amendments to these GTC shall engage the Organisers from the date of notification and shall not apply to any previous agreements between the Parties. Changes shall be announced in the dedicated area of the Organiser Account.
If the Organiser does not agree to said changes, the Organiser must indicate refusal by sending an e-mail to the following address: support@staamup.com
These GTC constitute a pre-formulated contract and apply without restriction or reservation to any Organisers who wish to register on the Marketplace and submit Calls for Applications to allow Artists to participate in artistic events.
The Organiser’s subscription to the Services offered by the Marketplace implies the acceptance of the General Terms and Conditions by checking a box provided for this purpose and then validating subscription to the Marketplace. This validation implies the acceptance of the entire GTC and constitutes proof of the conclusion of the contract between the Marketplace and the Organiser.
In these GTC, unless the context otherwise requires, the following expressions shall have the following meanings:
Organiser: means the natural or legal person, represented by its legal representative or any person duly empowered, public or private, acting as a professional, which means the individual who acts for purposes that fall within the scope of the commercial activity, or any association whose activity is the organisation of events, who registered on the Marketplace to allow Artists to participate at the Event promoted by the Organiser by responding to Calls for Application.
Organiser Account: means the account created by the Organiser in accordance with the procedure described in Article 4 of this Agreement, from which the Organiser may access the Marketplace Services.
Data:
Marketplace: means the Marketplace published on the present Website under the commercial name «Staam up», allowing the connection between the Artist and the Organisers.
Services: means the following services provided by the Marketplace:
Website: means this Website accessible at the following URL: www.staamup.com, on which the Marketplace is accessible.
Artists: refers to visual artists who create works in the following artistic fields: photography, painting, sculpture, collages, etc., and are individuals who have passed the age of eighteen (18) years, or are represented by their legal guardian, and who register on the Marketplace in order to be able to respond to the Calls for Applications in the context of their professional activities or for leisure purposes.
Calls for Application: refers to the advertisements promoted on the Marketplace by the Organisers and to which the Artists may respond in order to be selected to participate in the Event. The Calls for Applications are open for a certain period of time. The start and end dates to apply are specified in the advertisement.
Events: means the events organised by the Organisers to which the Artists may participate after having responded to a Call for Applications and only if they have been selected by the Organiser.
Order: means the ordering process for the submission of a Call for Application by an Organiser.
Entrance fee: means the cost paid by the Artists to the Organisers in order to respond to a Call for Application if required.
Transaction: means the payment of the Entrance Fee by the Artists.
Day(s): means a calendar day. All deadlines are counted from calendar day to calendar day and run from the receipt of notifications. Any time limit shall expire on the last day at 24 hours. Any period that would expire on a Saturday, Sunday, bank holiday or a non-working day is extended until the next working day.
2.1. Purpose
The purpose of these GTC is to govern the contractual relations between the Organisers and the Marketplace.
2.2. Operation of the Marketplace
The Organisers register themselves on the Marketplace to propose Calls for Application.
The Artists register themselves in order to respond to the Calls for Applications and participate in the Events if they have been selected. The terms of registration for the Artists on the Marketplace are the subject of the General Conditions of Use for the Artists made available on the present Website and to which the Artists subscribe at the time of their registration on the Marketplace.
The purposes of the Marketplace are to:
More specifically:
The Artists shall register on the Marketplace via a dedicated account.
Once said registration is confirmed, the Artists may search for Events in which they wish to participate according to various criteria, such as venue, level and artistic category.
Calls for Applications are advertised based on the search criteria.
The Artist may then apply during the open dates of the Call for Applications, as specified in the advertisement.
Appications are anonymous : the Organiser only receives artists' statements and images of the artwoks.
If applicable and if the Organiser requires it, the Artist shall pay Entrance Fees in order to be allowed to respond to a Call for Applications.
During the broadcast period of the Call for Applications, the Marketplace collects and centralises all of the Artists' applications.
Once the Call for Applications is closed, the Marketplace sends all the applications received to the Organiser.
The Organiser selects the Artists for the Event. From then on, a complete file is sent to the Organiser containing CV, biography, statement and photos of the works of each artist.
Once the Artists have been selected, the Organiser may contact the selected Artists directly through the mail service provided by the Marketplace in the dedicated area of the Organiser Account.
These Terms and Conditions are concluded in electronic form under the procedure commonly referred to as “double-click” pursuant to Articles 1369-1 and 1369-2 of the French Civil Code.
Accordingly, once the Organiser has validated and confirmed its Order, the contract is concluded between the Marketplace and the Organiser.
The Order process follows the following steps:
7. Finally, the Organiser selects artists from among the applications. It may then receive all the documents and information concerning the artists according to the conditions set out in Article 8.
The Organiser acknowledges that the recordings and backups materializing the electronic exchange between the Parties and kept by the Platform in a structured and organized manner into standardized messages (including any connection Data) shall have a probative value between the Organiser and the Platform.
In particular, the Organiser acknowledges the validity and probative force of emails.
5.1. Registration procedure on the Marketplace
In order to register on the Marketplace and submit a Call for Application, the Organiser follows the following path:
The Organiser must fill in the required Data in good faith on the Organiser Account registration form, in accordance with the procedure described on the Marketplace. This information shall cover the following:
In the event that the Organiser wishes to create an Event for which he or she wishes to collect Entry Fees, the Organiser shall also be required to provide the following additional information:
Once the information has been filled in, the Organiser chooses a password. The Organiser shall then be able to log in to the Organiser Account with log-in credentials consisting of the e-mail address the Organiser indicated on the registration form and the chosen password.
The Marketplace is entitled to refuse any application for registration by a person or entity who does not comply with these GTC, or who does not provide in good faith or in a complete and accurate manner the Data required when registering on the Marketplace.
5.2. Provisions of the Organiser Account
The Organiser may access his or her Organiser Account by authenticating himself or herself on the Marketplace through its login credentials. From said account, the Organiser shall have access to the following Marketplace Services:
It is up to the Organiser to verify the validity of the information he or she indicates when authenticating on the Marketplace, particularly the e-mail address communicated in the registration form, to the extent that this information allows the identification of the Organiser Account. In the case of mistaken information, the Organiser may not be able to access the account without the Marketplace being responsible.
6.1. Validation of the Event
Upon receipt of a request to create an Event and to broadcast a Call for Applications, the Marketplace shall consider the Organiser’s request.
The Marketplace validates or refuses the Organiser’s request.
The Organiser is informed that the request may be refused, particularly for the following reasons:
Any refusal to broadcast an announcement shall be made by the Marketplace.
6.2. Listing of Calls for Application
As soon as the Event is validated by the Marketplace, the Organiser undertakes to reference the Call for Applications on the Marketplace within 24 hours.
6.3. Centralisation of Application
The Marketplace undertakes to collect all the applications received following the advertising of the Call for Applications during its promotional period of time.
At the end of the promotional period of the Call for Applications, the Marketplace shall send all the applications received from the Artists to the Organiser.
6.4. Collection of Entrance Fees by Artists
The Marketplace allows the Organisers to receive payments of Entrance Fees from the Artists who respond to Calls for Application.
6.5. Technical Support
The Marketplace provides technical support in the use of the Marketplace. For this purpose, in case of difficulty, the Organiser may contact the Marketplace by sending an e-mail to the following address: support@staamup.com
The Marketplace undertakes to provide a response to the Organiser within 24 hours.
6.6. Compliance with social and fiscal obligations
In accordance with Article 242 bis of the French General Tax Code, the Marketplace draws the attention to the Organiser to declare to the French Tax Administration the income realized from Orders placed on the Marketplace. The Marketplace also undertakes to provide the Organiser with the mandatory information document that details the gross amount of all the Transactions, as provided in paragraph 2 of Article 242 of the French General Tax Code, by 31 January of the tax year.
6.7. Intermediary
It is recalled that the role of the Marketplace is limited to that of establishing contact between the Artist and the Organiser. As a result, the Organiser is responsible for organising and holding the Event in accordance with the Call for Applications announced.
Likewise, the Marketplace shall not be responsible for the following:
The Organiser must assume full responsibility for these failures and shall be required to settle the dispute with the Artists. In the event of failure by the Organiser to execute the Event, the amount of the commission due to the Marketplace based on the amount of the Entrance Fees will remain with the Marketplace.
7.1. Presentation of Calls for Application and Events
The Organiser undertakes to establish, in good faith, precise descriptions that are not likely to mislead the Artists regarding the Events announced through the Marketplace, both with regard to his or her organisation, place of performance, dates, amount of Entrance Fees, cancellation conditions, etc. The Organiser guarantees the accuracy of the information appearing on the Calls for Applications posted on the Website. The visuals used must comply with the proposed Events and respect the rights of third parties. The Organiser guarantees to the Marketplace that he or she has obtained all the necessary rights to use the elements to describe the Events. The Organiser undertakes, in particular, to not use visuals or other descriptive elements, or to make remarks or send other messages that would be insulting, contrary to public order or morality, or infringe upon the rights of persons or intellectual property rights of third parties, violate laws and regulations, and infringe the branding of the Marketplace. The Marketplace reserves the right to impose a graphic charter and a specific size or resolution for the advertisements.
7.2. Compliant realisation of the Event
The Organiser undertakes to ensure that the Event advertised on the Marketplace is properly held at the place and on the dates as advertised and in compliance with the conditions described in the Call for Applications.
The Organiser shall be solely responsible in case of cancellation of the Event or change of place and/or date of the Event vis-à-vis the Artists.
7.3. Compliance with the Declaration’s obligations
The Organiser undertakes to provide all the Data necessary for referencing the Call for Applications on the Marketplace as listed in Article 5.1. above. The Organiser ensures that the Data provided is sincere, true, complete and up to date. Otherwise, the Marketplace may ask the Organiser for corrective or additional information, and the deadline for referencing may be extended until the Organiser has duly provided the Marketplace with all the information necessary for the referencing of the Call for Applications.
7.4. Payment of the price for access to the Marketplace
In return for the Services provided by the Marketplace, the Organiser is required to pay the price in accordance with the provisions specified in Article 8 below. In addition, the Marketplace shall receive a commission on the Entrance Fees of Artists; the amount and methods of payment of the fees are described below in Article 8.
7.5. Obligations of loyalty and transparency – obtaining the necessary authorisations to hold the Event
Any agreements to participate in any Events promoted by the Organiser on the Marketplace are concluded between the Organiser and the selected Artists.
The Organiser will, in good faith, take all the necessary means to fulfil his or her obligations by delivering quality service to the Artists.
The Organiser undertakes to comply with the legislation applicable to the exercise of a commercial activity (in particular, registration, accounting, social and tax obligations) as well as the laws and regulations applicable to the organisation of the Events proposed via the Marketplace in force in the country where the Event takes place.
The Organiser is required to clearly identify and present himself or herself as a professional on the Marketplace.
is the organiser is forbidden to present himself or herself as a consumer or a non-professional, under penalties provided for in the provisions of Article L 132-2 of the French Consumer Code.
In addition, the Organiser undertakes to comply with the provisions of the French Consumer Code regarding distance selling.
To this end, the Organiser is required:
A commercial practice is also misleading if it omits, conceals or provides unintelligible, ambiguous or untimely material information having regard of the means of communication used and the circumstances surrounding it.
It is also a deceptive commercial practice to claim that a service has been accredited, approved or authorized by a public or private body when it is not, or to fail to comply with the conditions of the accreditation, approval or authorization received.
As a result, the Organiser is prohibited from publishing a Call for Application without having obtained the necessary administrative authorisations to hold the Event.
7.6. General safety obligation
Before the broadcast of the Call for Applications, the Organiser undertakes to comply with all the rules relating to the organisation of events bringing together the public in accordance with the local rules in force in the country where the Event shall take place, as well as to receive all the administrative authorisations necessary for the organisation of the Event announced in the Call for Applications.
In the event of failure to comply with the security standards for the organisation of the Event, the Organiser shall bring any legal proceedings against the Marketplace.
7.7. Liability of the Organiser in holding the Event
It is recalled that the role of the Marketplace is only to connect the Organisers and the Artists.
Once the Marketplace has communicated to the Organiser the list of Artists who have replied to the Call for Applications, the Organisers and the Artists shall be put in touch through the Marketplace’s mail service. From that moment, the Organiser manages the direct contractual relationship with the Artist for the purpose of participating in the Event.
For this purpose and in general, the Marketplace may not be held responsible for the difficulties encountered by the Organiser in the realisation of the Event or in the participation of the Artist in the Event arising between the Artist and the Organiser from their connection through the Marketplace, the Organisers being then only engaged in a contractual relationship with the Artist.
Thus, when the Organiser decides to retain the application of an Artist who will participate in an Event, and as soon as the Organiser makes contact with the Artist, the Organiser concludes a contract with said Artist, and the Organiser is then required to perform the promised service as described in the advertisement. Failing to do so, the Organiser remains solely responsible for the management of the contractual relationship with the Artist and undertakes to settle all litigation that may arise, especially with regard to disputes arising from the following difficulties, without this list being exhaustive:
Consequently, in the event that the Marketplace is required to receive complaints from Artists concerning the performance of the Event, the Marketplace will send the complaint to the Organisation, which undertakes to process it.
7.8. Obligations to declare the income from Transactions to the Tax Administration
The Organiser undertakes to declare his or her activities to the social bodies to which he or she report according to his or her status and field of activity. He or she also undertakes to declare the income from Transactions to the Tax Administration.
7.9. VAT obligations
Except in the case where the Organiser carries out an activity exempt from the payment of the Value Added Tax (VAT), he or she shall apply the VAT on goods and services sold to Artists according to the VAT rate applicable to his or her activity and to comply with tax obligations in terms of the VAT with the Tax Administration. The Organiser is required to verify by himself or herself, or with the help of a tax professional, the VAT rate applicable to services provided and to apply the appropriate VAT rate.
7.10. Tax administration websites
In order to find out more about tax obligations, the Organiser is invited to consult the following Websites of tax administrations: www.impots.gouv.fr regarding tax obligations; and www.securite-sociale.fr concerning social obligations. The Organiser is also invited to consult any professional in the social or tax field of his or her choice in order to be duly informed of social and tax obligations.
8.1. Price for referencing a Call for Application
Submitting a call for applications on the Platform is free of charge. Then, for calls for applications :
- With entry fees: 30% commission on the entry fees received (When you see the number of applications you will receive, you will be happy).
- Without entry fees: Free of charge
8.2. Payment terms
8.2.1. Payment of the price for filing the Call for Applications
The Organiser receives a link by email allowing access to the payment page.
By clicking on the link, the Organiser is redirected towards the payment page edited by the Stripe payment Marketplace where the Organiser is invited to pay for the Order.
Once the payment has been accepted, the Organiser receives an acknowledgment of receipt in the Organiser Account.
8.2.2. Reversal of Entrance Fees
The Artist pays the amount of the Entrance Fee directly online. Payments are collected by the Stripe payment Marketplace, which is approved as a payment service provider.
The Stripe Marketplace reverses at the end of every month and from the start of the Call for Applications, the amount collected from the All Taxes Included price of Transactions carried out during the previous month, after deducting the commission in the amount of THIRTY PERCENT (30%) of the amount All Taxes Included in the Transaction.
The Marketplace will send the detailed invoice for the Transaction to the Organiser within 30 (THIRTY) Days following the closing date for the Call for Applications.
If there is no dispute within THIRTY (30) Days from the date of receipt by the Organiser, the invoice will prevail between the Parties for the calculation of the commission.
8.3. Accepted means of payment
Payment is made using the payment methods displayed on the payment page.
8.4. Costs
Organisers must personally assume all costs related to the exercise of their activities.
9.1 Copyright
The Website and all its components are protected by the French Intellectual Property Code and international conventions and treaties on intellectual property.
All the original and technical components used and published on the Website, included, but not limited to: the graphic charter, slogans, corporate name, trademarks, logos, graphic images, animations, sounds, musical compositions, audiovisual effects, (hereinafter referred to as “the Components”) are the exclusive property of their authors.
The Marketplace forbids the Organiser, to do any of the following, without prior written authorization:
9.2 Rights on the Corporate name and logotype: “STAAM UP”
The Organiser is not authorised to use or reproduce the name and logo “STAAM UP” or deposit them as a trademark, directly or indirectly through a third party, in any country whatsoever, either identical or by similar marks or names which could create confusion in the mind of a consumer.
9.3 Artists' copyright
Any text file, photo, image, graphic, and other content, data or information that the Artist downloads, stores, transmits, submits, or makes available to the Organizer on the Platform is generated, owned and controlled exclusively by the Artist.
The Organizer is not authorized to do any of the following, without the Artist's written permission:
10.1 Protection of Personal Data of the Artists
Due to the execution of a Transaction, the Organiser shall have access to Personal Data of the Artistes for the necessity ot the performance of the contract concluded between the Artists and the Organiser.
The Organiser undertakes to respect the provisions of the French law n°2004-575 of 21 June 2004 for the confidence in digital economy (as abbreviated LCEN) as well as the provisions of the General Data Protection Regulation (as abbreviated GDPR) in the collection and processing of the Artists Personal Data.
10.2. Protection of the Organisers Personal Data
The Organisers Personal Data are collected for registration and duly using of the Marketplace services.
The Organiser’s Data are transmitted to the Stripe online paiement Platform to allow said platform to collect the sum from the Transactions.
Except Stripe, the Organisers Data are not transmitted to third Parties without the prior consent of the Organiser.
The Organiser may at any time connect itself to its Organiser Account in order to modify its Data and update them.
The Organiser may also requited from the Marketplace to access its Data processed by the Marketplace.
11.1. Organiser’s liability
It is recalled that the Marketplace is not the seller of the Events.
As a result, it may not in any case be responsible for the contracts concluded between the Artists and the Organisers, to which it remains a third party. Any dispute relating to a Call for Applications or the realization of an Event must be settled directly between the Organiser and the Artist.
The Marketplace’s liability to the Organiser may only be invoked for facts directly attributable to it that may cause the Organiser direct damage or a failure in the performance of the GTC, excluding any indirect damage.
The Marketplace’s liability is excluded in the event of improper use of the Marketplace's services by the Organiser or any fault on its part. It may be not be invoked on the basis of facts attributable to a third party.
The Organiser guarantees and shall indemnify the Marketplace at first request for any damage and against any liability claim which may be brought against the Marketplace following the Organiser's violation of Artists' rights, whether said damage results from the promotion of the Calls for Applications, or a refusal to follow up on an application, or a violation of Artists' copyright, or the use made by the Organiser of the Marketplace’s Services, or any other fact which may be attributable to the Organiser.
11.2. Liability of the Marketplace
The Marketplace shall not bear the costs for the connection to the Internet, which are the Organiser’s liability.
The Platform shall make its best efforts in order to maintain a permanently an uninterrupted access to the Internet and to the Website.
Nevertheless, the Organiser accepts that the Marketplace may interrupt for technical reasons, especially for technical reasons in order to ensure the maintenance and the update of the Website, and improve the Website’s ergonomic, without being held liable for such purposes.
In addition, the Marketplace, shall not be held liable in case of an access’s default to whole or part to the Marketplace for technical defaults or any issues, relating and not limited to:
11.3. Force majeure
The Marketplace reserves the right to interrupt access to the Website for a few hours for maintenance purposes. The Organizer agrees that these momentary cuts are intended to allow him/her a better browsing experience and acknowledges that he/she will not sue the Service Provider for liability to that purpose.
The Marketplace does not bear the Internet connection costs that have to be borne by the User.
In accordance with the provisions of Article 1218 of the French Civil Code, any event beyond the control of either Party which could not be reasonably foreseen at the enter into force of these GCU, and that the effects of which may not be avoided by appropriate measures, constitutes a case of force majeure, which suspends their execution.
In addition, the Parties conventionally acknowledge and agree, without this list being restrictive, that damages having their origins or their causes in a strike, a cut of supply of energy, a failure of the network IP on which they depend, a war, riots or popular movements, attacks or weather phenomena, epidemic, shall be a case of force majeure.
These GTC enter into force from the validation of the Organiser’s registration by the Platform for an undetermined period.
13.1 Termination by the Organiser
The Organiser may delete the Organiser Account at any time by going to the Organiser Account and clicking on the “Delete my account” button.
The Marketplace shall proceed to the closing of the Organiser Account and shall withdraw from the Marketplace all contents promoted on the Marketplace relating to the Organiser within 72 hours. The Organiser’s Data shall be deleted within THIRTY (30) Days from the date of the last Event that the Organiser committed to organise.
13.2 Termination by the Marketplace
The Marketplace may terminate this GTC at any time within 30 (THIRTY) Days of the receipt of the notification by the Organiser.
The Marketplace shall state the reason for such termination to the Organiser.
In the event of a proven defect by the Organiser in the receipt or withdrawal at the Post Office of a notification sent by registered letter with request for acknowledgment of receipt, the notification may be made by any written means.
13.3 Termination for breach of these GTC
In the event of a breach by one of the Parties of one of the obligations hereunder, the other Party will be entitled – subject to observing a notice of THIRTY (30) calendar days from the date of receipt of a first presentation of a formal letter with acknowledgment of receipt, remained unsuccessful, to pronounce the automatic termination of these GTC – without prejudice to any other rights or actions, including any claim for damages.
The Marketplace shall, in particular, have the right to terminate this GTC and dereference the Organiser for the following reasons, without this list being exhaustive:
- repeated complaints from Artists;
- misleading advertising in the promotion of the Calls for Applications;
- cancellation of Events or change of circumstances compared to what was announced in the Call for Application;
- promotion of a Call for Applications without having received the necessary authorizations to be able to carry out the Events.
13.4 Consequences of the termination
In the event of the termination of these GTC, the Marketplace shall stop referencing the Organiser on the Marketplace within a period of THIRTY (30) Days from the date of receipt of the notification by the Organiser, as mentioned above in Article 13.3.
All of the Organiser's Data shall be deleted from the Marketplace files within THIRTY (30) Days from the date of the last Event carried out by the Organiser.
The Organiser's Data shall be archived for reasons of legal certainty, particularly in the context of litigation for the establishment, exercise or defence of the legal rights of each of the Parties. The Organiser's Data relating to order management, invoicing and payment are kept for a period of 10 years from the end of the contractual relationship.
These GTC, concluded in compliance with Article 3 between the Marketplace and the Organiser are archived on the Marketplace's internal server. The Organiser may request at any time to have access to a copy of the order and the corresponding Contract by writing to the email address indicated below in Article 16.
Each Party certifies that it is insured for the consequences of its civil liability towards the other Party. Each Party undertakes to provide the other Party with a statement of insurance at first request.
All notices, autorisation and requirement regarding these GTC must be sent by letter or email at the following details:
These GTC may be assigned to any legal entity.
The assignment shall take effective to the assignee once the agreement concluded between the assignor and the third party.
The assignment must be effected in writing.
In the event that certain provisions or Articles herein are declared void by a competent jurisdiction, the other provisions of these GTC shall remain in effect.
The signatory of each Party guarantees that it has the necessary powers to bind the company that he/she represents within the framework of these GTC.
These GCU are drafted in accordance with French law.
There are translated from the French version. In the event that they are translated in a foreign language, only the French version shall be legally valid in case of litigation.
However, in the event of a dispute and with regard to the provisions of Regulation No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (known as the Rome I Regulation), this choice of law may not result in depriving the Organiser of the protection afforded by the provisions to which it may not be derogated from by virtue of the law that would have been applicable in the absence of choice of law.
In the event of any dispute arising out of the performance of these GTC, the Parties shall make their best efforts to settle the dispute amicably.
The Parties may resort to mediation. Any attempt to reach an agreement by mediation with a view to litigation shall not prejudice the rights of the Organiser or the Marketplace for initiating judicial proceedings before, during or after the mediation process.
Failing to find an amicable solution, all disputes shall be submitted to the competent courts with regard to Article 17 of the Regulation (EU) No 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I bis recast Regulation).
These general conditions of use are concluded between:
On the one hand,
And:
On the other hand.
The Marketplace and the Artist may be individually designated as the “Party” or collectively as the “Parties”.
This Website is a Marketplace that connects visual artists (photographers, painters, sculptors, collagists...) and hotels and hostels.
The Marketplace is marketed under the name «Staam up» and is protected by copyrights.
The Marketplace provides opportunities for event companies to publish Calls for Application to which visual artists may respond in order to participate in the events described in the Calls for Application.
The use of the Staam up Marketplace implies the acceptance of the following provisions by any Artist wishing to benefit from the services provided by the Marketplace.
The Marketplace is entitled to modify the provisions of the General Terms and Conditions of Use (hereinafter referred to as "the General Terms and Conditions or GTC"), provided that it informs the Artist within THIRTY (30) Days before the entry into force of the new provisions. Amendments to these GTC shall engage the Artist from the date of notification and shall not apply to any previous agreements between the Parties. Changes shall be announced in the dedicated area of the Artist Account.
If the Artist does not agree to said changes, the Artist must indicate refusal by sending an e-mail to the following address: support@staamup.com
These GTC constitute a pre-formulated contract and apply without restriction or reservation to any Artist who wish to register on the Marketplace and respond to Calls for Application in order to be allowed to participate in artistic events.
The Artist’s subscription to the Services offered by the Marketplace implies the acceptance of the General Terms and Conditions by checking a box provided for this purpose and then validating subscription to the Marketplace. This validation implies the acceptance of the entire GTC and constitutes proof of the conclusion of the contract between the Marketplace and the Artist.
In these GTC, unless the context otherwise requires, the following expressions shall have the following meanings:
Organiser: means the natural or legal person, represented by its legal representative or any person duly empowered, public or private, acting as a professional, which means the individual who acts for purposes that fall within the scope of the commercial activity, or any association whose activity is hotel business who registered on the Marketplace to allow Artists to participate at the Event promoted by the Organiser by responding to Calls for Application.
Artist Account: means the account created by the Artist in accordance with the procedure described in Article 5 of this Agreement, from which the Artist may access the Marketplace Services.
Data:
Marketplace: means the Marketplace published on the present Website under the commercial name «Staam up», allowing the connection between the Artist and the Organisers.
Services: means the following services provided by the Marketplace:
Website: means this Website accessible at the following URL: www.staamup.com, on which the Marketplace is accessible.
Calls for Application: refers to the advertisements promoted on the Marketplace by the Organisers and to which the Artists may respond in order to be selected to participate in the Event. The Calls for Application are open for a certain period of time. The start and end dates to apply are specified in the advertisement.
Events: means the events organised by the Organisers to which the Artists may participate after having responded to a Call for Application and only if they have been selected by the Organiser.
Entrance fee: means the cost paid by the Artists to Staam up in order to respond to a Call for Application.
Transaction: means the payment of the Entrance Fee by the Artists.
Day(s): means a calendar day. All deadlines are counted from calendar day to calendar day and run from the receipt of notifications. Any time limit shall expire on the last day at 24 hours. Any period that would expire on a Saturday, Sunday, bank holiday or a non-working day is extended until the next working day.
2.1. Purpose
The purpose of these GTC is to govern the contractual relations between the Artists and the Marketplace.
The Artists register themselves on the Marketplace to respond to Calls for Application.
The Artist acknowledges that this GTC do not apply to contractual relationship between the Artists and the Organisers following the response by an Artist to a Call for application.
The Artist acknowledges and accepts that in the event of a dispute arising out of a response to a Call for Application, he/she must bring the claim to the Organiser and cannot hold the Platform liable, except if the Artist is able to prove a fault of the Platform in the execution of the present GTC.
Actually, the Platform has solely the obligation to connect the Artists and the Organisers.
2.2. Operation of the Marketplace
The Artists shall register on the Marketplace via a dedicated account.
Once said registration is confirmed, the Artists may search for Events in which they wish to participate according to various criteria, such as venue, level and artistic category.
Calls for Application are advertised based on the search criteria.
The Artist may then respond during the open dates of the Call for Application, as specified in the advertisement.
The Artist shall pay Entrance fees in order to be allowed to respond to a Call for Application.
During the broadcast period of the Call for Application, the Marketplace collects and centralises all of the Artists' applications.
Once the Call for Application is closed, the Marketplace sends all the applications received by the Artists to the Organiser.
The Organiser selects the Artists for the Event.
Once the Artists have been selected, the Organiser may contact the selected Artists directly through the mail service provided by the Marketplace in the dedicated area of the Artist Account.
These Terms and Conditions are concluded in electronic form under the procedure commonly referred to as “double-click” pursuant to Articles 1369-1 and 1369-2 of the French Civil Code.
Accordingly, once the Artist has validated and confirmed its registration, the contract is concluded between the Marketplace and the Artist.
The registration process follows the following steps:
Thereinafter, in case the Artist wishes to participate to an Event, the Transaction process is the following:
Once the Transaction has been validated, it cannot be canceled by the Artist except in the event of force majeure as described in Article 12 below.
In accordance with the provisions of Article L 221-28 12° of the French Consumer Code, the Artist is informed that he/she will not be able to benefit from the right of withdrawal as this the Events in a service that fall within the framework of the exception provided for in the aforementioned Article. Said Article provides that the right of withdrawal does not apply to the services of leisure activities which must be provided on a specific date or period.
5.1. Procedure of registration
In order to register on the Marketplace and submit a Call for Application, the Artist follows the following path:
The Artist must fill in the required Data in good faith on the Artist Account registration form, in accordance with the procedure described on the Marketplace. This information shall cover the following:
Once the information has been filled in, the Artist chooses a password. The Artist shall then be able to log in to the Artist Account with log-in credentials consisting of the e-mail address the Artist indicated on the registration form and the chosen password.
The Marketplace is entitled to refuse any application for registration by a person or entity who does not comply with these GTC, or who does not provide in good faith or in a complete and accurate manner the Data required when registering on the Marketplace.
5.2. Provisions of the Artist Account
The Artist may access his/her Artist Account by authenticating himself or herself on the Marketplace through its login credentials. From said account, the Artist shall have access to the following Marketplace Services:
It is up to the Artist to verify the validity of the information he or she indicates when authenticating on the Marketplace, particularly the e-mail address communicated in the registration form, to the extent that this information allows the identification of the Artist Account. In the case of mistaken information, the Artist may not be able to access the account without the Marketplace being responsible.
The Artist acknowledges that the recordings and backups materializing the electronic exchange between the Parties and kept by the Platform in a structured and organized manner into standardized messages (including any connection Data) shall have a probative value between the Organiser and the Platform.
In particular, the Artist acknowledges the validity and probative force of emails.
7.1. Platform availability and access to the Artist Account
The use of the Platform by the Artists is free (excluding the cost of connection to the internet).
However, Artists may be required to pay Entrance fees which may be requested by the Organisers in order to be authorised to respond to a Call for application.
The Platform provides the Artist with a dedicated space in their Artist Account so that he/she may create his/her profile and thus respond to Calls for application.
The Artist may, in his/her Artist Account, manage all of his/her applications and see their evolution, namely whether his/her application has been retained or refused by the Organiser.
Staam up is entitled to request Artists to pay Entrance fees in order to be authorized to respond to Calls for Application.
The Artists pay the Entranc e fees directly online on the Website according to the procedure described above in Article 3.
7.3 Technical Support
The Marketplace provides technical support in the use of the Marketplace. For this purpose, in case of difficulty, the Organiser may contact the Marketplace by sending an e-mail to the following address: support@staamup.com
The Marketplace undertakes to provide a response to the Organiser within 24 hours.
7.4 Intermediary
It is recalled that the role of the Marketplace is limited to that of establishing contact between the Artist and the Organiser. As a result, the Organiser is responsible for organising and holding the Event in accordance with the Call for Applications announced.
The Platform is not the service provider. As a result, the Platform shall not be held liable for the contracts concluded between Artists and Organisers to which it remains a third party. Thus, any dispute relating to the rejection of an application, the cancellation of an Event or the change of conditions of an Event must be settled directly between the Artist and the Organiser.
The Platform's liability with regard to the Artist may only be invoked for a fault which are directly attributable to it and which would cause the Artist direct damage, excluding any indirect damage.
8.1. Presentation of the Artist’s profile
The Artist undertakes to establish, in good faith, precise descriptions that are not likely to mislead the Organisers regarding his/her resume and his/her works.
The Artist guarantees the accuracy of the information appearing on its profile created in his/her Artist Account.
8.2. Payment of the price for the Entrance fees
In return for the opportunity to respond to Call for application, the Artist is required to pay some Entrance fees.
9.1. Price for Entrance Fees
To be allowed to respond to a Call for Application on the Marketplace, the Artist shall pay a sum required by Staam up, the current rate of which is displayed on the Marketplace before the Transaction.
9.2. Payment of the Entrance fees
The Artist receives a link by email allowing access to the payment page.
By clicking on the link, the Artist is redirected towards the payment page edited by the Stripe payment Marketplace where the Artist is invited to pay for the Transaction.
Once the payment has been accepted, the Artist receives an acknowledgment of receipt in the Artist Account.
10.1 Copyright
The Website and all its components are protected by the French Intellectual Property Code and international conventions and treaties on intellectual property.
All the original and technical components used and published on the Website, included, but not limited to: the graphic charter, slogans, corporate name, trademarks, logos, graphic images, animations, sounds, musical compositions, audiovisual effects, (hereinafter referred to as “the Components”) are the exclusive property of their authors.
The Marketplace forbids the Artist, to do any of the following, without prior written authorization:
10.2 Rights on the Corporate name and logotype: “STAAM UP”
The Artist is not authorized to use or reproduce the name and logo “STAAM UP” or deposit them as a trademark, directly or indirectly through a third party, in any country whatsoever, either identical or by similar marks or names which could create confusion in the mind of a consumer.
10.3 Artists' copyright
The Artist guarantees that he/she is the author of the works promoted on the Website.
The Artist undertakes to indemnify the Marketplace for any direct or indirect damages in case that the Marketplace is sued because of an infringement to the copyrights of a third party by the Artist.
To that purpose, the Artist guarantees the Platform that he/she:
Artists' Personal Data is collected by the Platform to allow access to the Platform Services and to ensure payment of the Transactions.
Due to the execution of a Transaction, the Artist is informed that the Organiser shall have access to Personal Data of the Artistes for the management of responses to Call for applications and for the organisation of the Events.
The Artist has a right of permanent access, modification, rectification, opposition, portability and limitation of processing of his/her Personal Data which he/she may exercise through his/her Artist Account.
The Artist is informed that he/she can lodge a complaint with the French Data Protection Authority (CNIL). He/she may also contact his/her local Data protection authority in case of violation of his/her rights regarding the collection and processing of his/her personal data.
The Artist shall read the privacy policy available on this Website in order to have a perfect knowledge of all of his.er rights regarding the protection of his/her personal data.
12.1. Liability of the Platform
It is recalled that the Marketplace is not the seller of the Events.
As a result, it may not in any case be responsible for the contracts concluded between the Artists and the Organisers, to which it remains a third party. Any dispute relating to a Call for Applications or the realization of an Event must be settled directly between the Organiser and the Artist.
The Marketplace’s liability to the Artist may only be invoked for facts directly attributable to it that may cause the Artist direct damage or a failure in the performance of the GTC, excluding any indirect damage.
The Marketplace’s liability is excluded in the event of improper use of the Marketplace's services by the Artist or any fault on its part. It may be not be invoked on the basis of facts attributable to a third party.
The Marketplace shall not bear the costs for the connection to the Internet, which are the Artist’s liability.
The Platform shall make its best efforts in order to maintain a permanently an uninterrupted access to the Internet and to the Website.
Nevertheless, the Artist accepts that the Marketplace may interrupt for technical reasons, especially for technical reasons in order to ensure the maintenance and the update of the Website, and improve the Website’s ergonomic, without being held liable for such purposes.
In addition, the Marketplace, shall not be held liable in case of an access’s default to whole or part to the Marketplace for technical defaults or any issues, relating and not limited to:
12.2. Force majeure
The Marketplace reserves the right to interrupt access to the Website for a few hours for maintenance purposes. The Artist agrees that these momentary cuts are intended to allow him/her a better browsing experience and acknowledges that he/she will not sue the Service Provider for liability to that purpose.
The Marketplace does not bear the Internet connection costs that have to be borne by the Artist.
In accordance with the provisions of Article 1218 of the French Civil Code, any event beyond the control of either Party which could not be reasonably foreseen at the enter into force of these GCU, and that the effects of which may not be avoided by appropriate measures, constitutes a case of force majeure, which suspends their execution.
In addition, the Parties conventionally acknowledge and agree, without this list being restrictive, that damages having their origins or their causes in a strike, a cut of supply of energy, a failure of the network IP on which they depend, a war, riots or popular movements, attacks or weather phenomena, epidemic, shall be a case of force majeure.
These GTC enter into force from the validation of the Artist’s registration by the Platform for an undetermined period.
14.1 Termination by the Artist
The Artist may delete the Artist Account at any time by going to the Artist Account and clicking on the “Delete my account” button.
The Marketplace shall proceed to the closing of the Artist Account and shall withdraw from the Marketplace all contents promoted on the Marketplace relating to the Artist within 72 hours. The Artist’s Data shall be deleted within THIRTY (30) Days from the date of the last Event to which the Artist has participated.
14.2 Termination by the Marketplace
The Marketplace may terminate this GTC at any time within 30 (THIRTY) Days of the receipt of the notification by the Artist.
The Marketplace shall state the reason for such termination to the Artist.
In the event of a proven defect by the Artist in the receipt or withdrawal at the Post Office of a notification sent by registered letter with request for acknowledgment of receipt, the notification may be made by any written means.
14.3 Termination for breach of these GTC
In the event of a breach by one of the Parties of one of the obligations hereunder, the other Party will be entitled – subject to observing a notice of THIRTY (30) calendar days from the date of receipt of a first presentation of a formal letter with acknowledgment of receipt, remained unsuccessful, to pronounce the automatic termination of these GTC – without prejudice to any other rights or actions, including any claim for damages.
The Marketplace shall, in particular, have the right to terminate this GTC and dereference the Artist for the following reasons, without this list being exhaustive:
14.4 Consequences of the termination
In the event of the termination of these GTC, the Marketplace shall stop referencing the Artist on the Marketplace within a period of THIRTY (30) Days from the date of receipt of the notification by the Artist, as mentioned above in Article 14.3.
All of the Artist’s Data shall be deleted from the Marketplace files within THIRTY (30) Days from the date of the last Event to which the Artist has participated.
The Artist’s Data shall be archived for reasons of legal certainty, particularly in the context of litigation for the establishment, exercise or defense of the legal rights of each of the Parties. The Artist’s Data relating to order management, invoicing and payment are kept for a period of 10 years from the end of the contractual relationship.
These GTC, concluded in compliance with Article 3 between the Marketplace and the Artist are archived on the Marketplace's internal server. The Artist may request at any time to have access to a copy of the order and the corresponding Contract by writing to the email address indicated below in Article 17.
Each Party certifies that it is insured for the consequences of its civil liability towards the other Party. Each Party undertakes to provide the other Party with a statement of insurance at first request.
All notices, autorisation and requirement regarding these GTC must be sent by letter or email at the following details:
These GTC may be assigned to any legal entity.
The assignment shall take effective to the assignee once the agreement concluded between the assignor and the third party.
The assignment must be effected in writing.
In the event that certain provisions or Articles herein are declared void by a competent jurisdiction, the other provisions of these GTC shall remain in effect.
The Artist declares that he/she is of legal age and has the capacity to conclude contract.
The signatory of the Platform guarantees that it has the necessary powers to bind the company that he represents within the framework of these GTC.
These GTC are drafted in accordance with French law.
There are translated from the French version. In the event that they are translated in a foreign language, only the French version shall be legally valid in case of litigation.
However, in the event of a dispute and with regard to the provisions of Regulation No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (known as the Rome I Regulation), this choice of law may not result in depriving the Artist of the protection afforded by the provisions to which it may not be derogated from by virtue of the law that would have been applicable in the absence of choice of law.
In the event of any dispute arising out of the performance of these GTC, the Parties shall make their best efforts to settle the dispute amicably.
The Parties may resort to mediation. Any attempt to reach an agreement by mediation with a view to litigation shall not prejudice the rights of the Artist or the Marketplace for initiating judicial proceedings before, during or after the mediation process.
The Artist is also informed that he/she may in any case resort to conventional mediation (Article L616-1 of the French Consumer Code). The Artist may also use any other alternative method of dispute resolution.
Failing to find an amicable solution, all disputes shall be submitted to the competent courts with regard to Article 17 of the Regulation (EU) No 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I bis recast Regulation).
