DIAM (Decentralized Invisual Art Market)

General Terms and Conditions of Use

General Terms and Conditions of Use of the website https://decentralizedinvisualartmarket.com

Last Updated: December 15th, 2021

General Information

The DIAM website is edited by DIAM (Decentralized Invisual Art Market), which is responsible for the website. DIAM strives to provide accurate and up-to-date information. However, some of it may be incomplete and cannot be guaranteed. Users are advised to contact us to check whether additional information is available or necessary. DIAM cannot be held responsible for the availability or content of linked websites other than its own. The contents of the pages of this website are provided for information purposes only and are subject to change at any time without notice. The publication https://decentralizedinvisualartmarket.com eclines all responsibility for any damage, direct and/or indirect, whatever the causes, origins, natures or consequences, caused by the access of anyone to the DIAM website or the impossibility of accessing it, as well as the use of the website and/or the credit given to any information coming directly or indirectly from the website, for any use that may be made of this various information.

Fields of Application

The website accessible at the Internet address https://decentralizedinvisualartmarket.com constitutes the DIAM website (hereinafter the “website”) for which DIAM is responsible for processing. The General Terms and Conditions of Use and the Privacy Policy apply to the whole website, any platform and any application accessible from the DIAM website and for which DIAM is the publisher/processor. The website is governed by these General Terms and Conditions of Use – hereinafter the “GTCU”. The provisions of these GTCU govern the relationship between DIAM and any user who browses the website, uses the various services, including applications, hereinafter the “services” and/or interacts with DIAM in the context of the use of the website – hereinafter the “user(s)”. The GTCU are directly available on the website at any time. DIAM reserves the right to modify them at any time. The modified GTCU will take effect on the date on which they are posted on the website and are deemed to be accepted without reservation by any user who browses the website after they are posted on the website. The applicable GTCU are those in force on the day of navigation on the website.

Minors

Minors may use the site and services under the responsibility and with the authorization of their legal guardian.

Intellectual Property Rights

The user acknowledges that the site and its contents – hereinafter the “contents” including, but not limited to, all texts, graphics, images, logos, names, trademarks, denominations, sounds, photographs, iconography, videos, drawings, data, software or other – are protected by intellectual property law and are the exclusive property of DIAM or its community members.

Under no circumstances may the website and/or its contents be modified, reproduced, represented, distributed, displayed, marketed, incorporated into a derivative work or otherwise, in whole or in part, on any medium whatsoever. In general, the website and its contents may only be used for browsing the website and, where applicable, to use the services. The use of all or part of the website and/or its contents, in particular by downloading, reproduction, transmission or representation for purposes other than those provided for in these GTCU is strictly prohibited. Subject to compliance with these GTCU, DIAM grants users a personal, non-exclusive and non-transferable right to access and use the website and its contents for the sole purpose of consulting the website and using the services. With the exception of the above, it is strictly forbidden for users to :

  • Copy, reproduce, represent, disseminate, distribute, publish, permanently or temporarily, all or part of the site and/or its contents by any means and on any medium known or unknown to date;
  • Create derivative works from the site and/or its contents;
  • Modify, translate, adapt, arrange all or part of the site and/or its contents;
  • Disassemble, decompile, reverse engineer the site and/or its contents;
  • Distribute, transmit, disseminate, sell, rent, lease, license or exploit, in any way whatsoever, without the express prior written consent of DIAM, all or part of the site and/or its contents.

Personal Data

When users browse the website and use the services provided, DIAM may collect and use personal data concerning them on https://decentralizedinvisualartmarket.com Users have the right to access, modify, rectify and delete data collected on this website, under the conditions provided for by Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms. To exercise this right, please send an email to the site manager at the following address: info@dia.market – DIAM undertakes to ensure the protection of users’ personal data. For more information on how DIAM collects, uses and processes personal data, the user is invited to consult the DIAM Privacy Policy.

Technical Information

It is reminded that the secrecy of correspondence is not guaranteed on the Internet network and that it is up to each Internet user to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet. The site does not use “cookies” (identification elements of your computer, stored on the hard disk).

Hypertext Links

The site may provide links to other websites. Insofar as DIAM has no control over these third party websites, DIAM makes no commitment as to the availability and content of these sites and declines all responsibility for the content, advertising, products, services or any other material available on or from these external sites or sources. DIAM also disclaims all liability for any damage or loss, whether actual or alleged, arising out of or in connection with the use of, or reliance on, the content, goods or services available on such third party websites.

Warranties and Liabilities

The Responsibility of the User

Within the framework of the use of the website and/or access to the services, the user undertakes to:

  • To remain courteous and not to make remarks and/or not to have any derogatory behaviour likely to harm, in any way whatsoever, DIAM, other users and more generally any third party;
  • Not to attempt to disrupt or compromise the integrity or security of the DIAM system, or to decipher any transmission to or from the servers of the website or services;
  • Not to download invalid data, viruses, worms or any other software agents through the website or services;
  • Not to impersonate any person or entity, to use a false name or to make false statements when using the website or services;
  • Not to engage in any act of piracy, to send unsolicited e-mails or to carry out any phishing operation against DIAM or other users;
  • Not to use the website or services in a manner that is not in accordance with these GTCU.

Should the user fail to comply with any of these obligations, the User shall be solely responsible for any damage caused by him/her to DIAM, other users or third parties. In this respect, the user undertakes to guarantee DIAM against all claims, actions or recourse of any kind that may result from it and to compensate it for any damages, costs or indemnities whatsoever relating thereto.

The Responsibility of DIAM

DIAM ensures that the site is regularly updated but cannot guarantee users that all the information published is accurate and/or up-to-date. Consequently, DIAM declines all responsibility with regard to any inaccuracies, omissions or errors.

The site is accessible 24 hours a day, and 7 days a week, subject to :

  • A case of force majeure;
  • The availability of the Internet network;
  • Temporary suspension of the website for technical reasons related to site updates, maintenance or any other technical cause.

DIAM undertakes, on the basis of an obligation of means, to provide access to the site and the services, to act with diligence and competence and to do its utmost, within reasonable limits, to remedy any malfunction brought to its attention. 

DIAM may, however, be obliged to suspend the website or the services temporarily or permanently without notice, for technical maintenance reasons, whatever the origin or cause, without DIAM being held liable. It is specified that the Internet network and the computer and communications systems used to access and use the site are not free of errors and interruptions and breakdowns may occasionally occur. DIAM cannot be held liable for any inconvenience or damage related to the use of the Internet network. It is the responsibility of users to take all appropriate measures to ensure the security of their equipment, data, software or other, in particular against contamination by any virus and/or attempted intrusion of which they may be victims.

DIAM also declines all responsibility:

  • In the event of direct or indirect damage caused to the user, whatever its nature, resulting from the content, access or use of the site (and/or sites linked to it),
  • In case of abnormal use or illicit exploitation of the site.

Applicable Law

These GTCU are subject to French law. In the event of a claim or dispute concerning the application, interpretation or execution of these GTCU, the parties undertake to seek an amicable settlement to the dispute concerned before any legal action or recourse to a mediation procedure. In the absence of an amicable agreement, the French courts shall have sole jurisdiction. No commercial exploitation, even partial, of the data presented on the site may be made without the prior written consent of the users of the website. The contents of the publication are under the responsibility of http://www.enda.fr. Any reproduction, use and/or modification that would be made without the prior written consent of https://decentralizedinvisualartmarket.com will in no way engage the responsibility of DIAM. It is reminded that the law authorizes the user to use all or part of the contents proposed on the site for his strictly personal use. However, the reproduction, in whole or in part, of this site, by any process whatsoever, and/or of the elements appearing on it, without the express and prior authorisation of DIAM is prohibited, and constitutes an infringement punishable by articles L.335-2 and following of the Intellectual Property Code. Any reproduction of the logotype without the express authorisation of the site operator is prohibited.

Miscellaneous

In the event that one or more of the provisions of the GTCU are considered invalid or unenforceable by a competent court or by applicable law or regulation, such provision(s) shall be deleted without affecting the validity and enforceability of the other provisions of these GTCU. DIAM’s failure to rely on any provision of these GTCU shall not be considered as a waiver of the benefit of that provision or of the right to rely on that provision at a later date and/or to claim compensation for any breach of that provision.

Information and Claims

Any request for information, clarification or complaint may be notified to DIAM at info@dia.market