WallMuse

Artistic Usage


Terms of Service

 

Welcome to WallMuse! By using WallMuse (the “Site”), you agree to abide and be bound by these Artistic Usage Terms of Service (the “TOS”) and/or any revised version which are for artists, curators, museums, art centres, festivals, galleries, private collectors, art projects’ communities, teachers, facilitators and learners (individual persons or registered organisations). Any new service available on the Site or any modification of an existing service shall be governed by the TOS, which may be modified or updated from time to time and resent for your approval. The Site is operated by WallMuse SARL, 10 rue de Penthièvre, 75008 Paris (“WallMuse” or “we”).

I. Description of Service

General

WallMuse provides artistic users (“You”) an access to:

  1. WallMuse site and programs (the “Program”) that enables you to view content such as art, lectures, exhibitions and various digitalized collections, curations produced as Digital Exhibitions (also called Montages) for broadcasts on one or multiple synchronised screens/projectors, in one Space of your choice.
  2. a database of such Digital Exhibitions (the “Digital Exhibitions Catalogue”), that are securely encrypted and/or legally binded and managed through a Digital Rights Management (DRM)
  3. Within WallMuse Program, Curation tools (Specify Artworks and Curate pages) so you can broadcast Your Digital Exhibitions. WallMuse offers Curating tools to produce Digital Exhibitions that are composed of Artworks, contents, code or information provided by you or third-parties (“Third-Party Content”) through the Program, enabling you to produce Digital Exhibitions, of any kind, pursuant to the terms of the TOS (“Your Content”)
  4. Your WallMuse Account (“Your Account”) pages that also indicate a shared business model (“Monetisation”), with support of Your Digital Exhibitions Audience, Request for sub domain Art Partner sites to deploy the Program, Your Subscribers for Program deployment(s) on a sub domains and related Money Transfers (together, the “Service”).

The Program is licensed by WallMuse and protected by patent, and its software elements is composed of computer code, exclusive property of WallMuse, used to create, broadcast and play Digital Exhibitions and to encrypt and/or legally bind the Third-Party Content available through the Program. The Standard Definition (SD) one screen use of the Service is free. The High Definition (HD), Ultra High Definition (UHD/4K/8K) or multiple synchronized screen usage is charged either at:

Artistic Users

Artistic Usage accounts are for artists, curators, museums, art centres, festivals, galleries, private collectors, artistic communities (e.g. people or families of a building, a street, a neighbourhood that choose to participate), teachers, facilitators and learners, may they be individual persons or a given user of a registered organisation, have access to the Service if contributing to the Digital Exhibitions Catalogue. An organisation or company for multiple users will need multiple accounts. If Your Content is inactive or if you are not producing Digital Exhibitions, we reserve the right to close Your Artistic Usage Account and/or recommend you another Account Type. Only one account can be used to broadcast Digital Exhibitions within Artistic Usage Accounts, intended to allow you to play Your Digital Exhibitions on different Devices and their screens/projectors. Access to Your Content and Third Party Content such as Artworks and Digital Exhibitions is only possible if their rights wave this for a given country (Different Rights) unless a cooperation agreement exists between different artistic users (e.g. the one of the SHAREX Project facilitating cooperation between different museums, festivals and art centers). WallMuse does not intend to host Third Party Content but has a Server Storage Service for those requiring secured server space. WallMuse keeps technical data and personal data, pursuant to our privacy policy (Privacy Policy<).

Program and Digital Exhibitions Catalogue

Programs may be installed on your Devices (currently computers, TVs, Pads, Smartphones) and use your Username and Password to install the Program on different Devices to play Digital Exhibitions on their screen(s)/projector(s). The Digital Exhibitions Catalogue is composed of Digital Exhibitions produced by other artistic users content, other users, or you. You may select Digital Exhibitions of your choice from Search/Select Digital Exhibitions. You may configure your account, its Devices and displays. You may also customize your WallMuse Player by selecting, ordering or unselecting Digital Exhibitions within Your Playlists and other options according to your subscriptions and their configurations. The Site also enables you to create, submit and/or share your Digital Exhibitions and/or Artworks or contents for which you have rights by specifying these on line, and sharing Your Digital Exhibitions within the Catalogue. You may use your server spaces when specifying Artworks that require a secured FTP such as Secure FTP (SFTP) or FTP over SSH access. By Specifying their exact location and rights, Digital Exhibitions can then be produced. Once Your Montage is in the Digital Exhibitions Catalogue, Your Montage may be searched, selected and played by all WallMuse users if its rights are defined for its given channels (SD, HD/4K/8K including video wall and destructed display configurations) and country(ies).

Program, Artworks/Digital Exhibitions and Digital Rights Management (DRM)

Artworks and contents such as images, videos, audio recordings and texts may be shared with other users if their rights allow sharing, reuse. Such Artworks and contents may be found by other users in Create Montage, Search/List Contents. Artworks with rights that allow sharing, reuse and Digital Exhibitions with rights that permit derivatives (as indicated in certain Creative Commons right types) may be used by other users to produce Digital Exhibitions in Curate. If you wish to create a Montage with your Artworks or contents for which you have full rights, you specify their storage location in Specify Contents. After having named them, described them, indicated if either an image, video, audio or text, you will asked for three specifications, concerning server location and Artworks rights, respectfully for:

  • ­a Thumbnail (100×100 pixels) which will reflect the Artworks
  • ­a Standard Definition (SD – 718×404 pixels) if required so broadcasted to all users, including free Home Account Type users
  • ­a High Definition (HD – 1920×1080 pixels) and Ultra High Definition (UHD/4K – 3840×2160 pixels or slight variations and 8K to come) so broadcasted to only to paid subscriber users

Each of the above need associated rights for one, multiple or all countries (world). You shall not use Artworks from third party websites to create your Digital Exhibitions unless their rights permit such. After having specified Artworks or contents, you can Create Digital Exhibitions with these and/or other Artworks or contents / Montages if their rights permit such. You should describe Your Montage in either languages of your choice, and as Curated by you, determine its Curation rights. Curation rights do not concern the whole Montage but solely Curation. You may also indicate appropriate art categories for the Montage. The Montage when saved may be selected in Search/Select Montage to be later played by other Users as defined in rights. Please note that a Montage and all its Artworks/contents must all have rights for a given country(ies) so broadcasted.

Monetization – based upon audience of Your Contents which you have full rights

WallMuse encourages Artistic Users through a shared business model that redistributes revenues prorata the HD/UHD audience of Your Artworks under Copyright that are played in Montages from the Catalogue. The audience is calculated according to the number of images read. A video is converted to images depending on its length: up to 3 seconds, it is counted as 1 image: for example, a video read 9 seconds will be counted as 3 read images, a video of 10 seconds as 4 read images. An artistic user that produces a Montage with her/his Artworks under Copyright will receive the Artworks audience / Total audience x 50% subscriptions revenues generated directly by WallMuse (Site WallMuse, from home subscriptions and professional subscriptions such as from hospitality, transport and other public spaces). As an Artistic User, you have access to Your Audience (audience indicators of Your Contents under Copyright in played Montages for given quarter for given subscription revenues. You can can manage money transfers, arranged each quarter, for which associated financial transfer costs are shared between you and us.

Monetization – based upon audience of Contents which others have rights

This occurs for Artworks under Copyright of Artists having an artists’ rights management or representative organization authorizing broadcasts. In these cases, the breakdown of HD/UHD redistribution of Contents audience / Total audience is:

  • 20% for the indicated artist’s rights management or representative organization
  • 25% for the digitization/digital preservation of the artwork indicated
  • 5% for the digital curation having created the Montage

Encryption

The server stores safely its data. The server is specifically protected by a firewall. No backdoor or any other method has been programmed to give access to an artwork without a proper authentication and the required access rights. The communications between the Site and the server are safe. All the communications with the server are encrypted using the HTTPS protocol. The Site uses a session ID provided by the server once the user has been authenticated with its Username and Password. A user cannot download Artworks to which access rights are not waved on the server side. WallMuse programs communicate safely with the server. Each program has a unique key assigned during the installation process that identifies it. All the communications with the server are encrypted using the HTTPS protocol. The artworks and contents are always encrypted. The artworks are downloaded through a secured channel. They are stored locally on the client’s hard-drives encrypted with an encryption key specific to the client. The encryption key is never stored, but is asked to the server each time the program starts and is only kept in volatile random access memory (RAM). The Artworks are decrypted in RAM in a stream just before being sent to the screen, so the decrypted version of the artwork in never saved on a permanent storage.

II. Registration and Conduct

Important Information

To access and use the Service, you must be legally capable of entering into a binding agreement and acknowledge that some Third-Party Content might be found offensive by some and might not be suitable for individuals under the age of 18. You must also abide by all applicable statutes and regulations in the United Kingdom and, if applicable, in your home country. You also acknowledge that the activity of creating, sharing or broadcasting Your Content may give rise to various types of legal liabilities and you represent that Your Content (whether or not you are the author of said content) complies at all times (both when first submitted and throughout its accessibility on the Site) with the TOS and all applicable laws. You understand that WallMuse does not exercise systematic control over (other than technical if necessary) and does not pre-screen Your Content and Third-Party Content and may not be held liable for their communication to the public. In particular, you are solely responsible of your choices of Artworks and Montages creation and share them under your sole responsibility, regardless of whether these Artworks and Montages embed Your Content or Third-Party Content.

Username, Password and Email

You need to register under a Username, a valid email address and a Password of your choice and provide some personal, and if a registered organisation also organisation data, to access and use the Service. Your email address must remain valid as long as your WallMuse account remains active and it is your responsibility to update it should it no longer be accurate or current. More generally, all personal and organisational information communicated to WallMuse must always be promptly updated as soon as it stops being true, complete, accurate, or current. Your Password is confidential and you will have sole responsibility of your account so you must be very careful when sharing it with affiliated companies, principals, directors, agents, and employees which might be required for Montages productions. You should immediately contact WallMuse should you have reason to believe that your Password is being used by an unauthorized third party. You shall be liable for all actions taken with your Password as well as for any loss or liability consequential to such use. We may cancel your account without notice in the case of any violation of the TOS.

Conduct of Users

As a condition for accessing and using the Site and the Service, you agree:

  1. Not to post, share, or otherwise transmit any content that is unlawful, obscene, harmful, threatening, defamatory or hateful or that contains objects or symbols of hate, invades the privacy of any third party, or is otherwise objectionable;
  2. To respect the privacy of others, including that of your friends and followers, and the confidentiality of the information you may receive and not to post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  3. Not to harass any other users of the Site or to impersonate another user by any means including by using her/his email address and password;
  4. To always provide truthful, sincere and actual personal and organisational data and information and to update said data and information as needed so that they remain true, complete, accurate, and current;
  5. To respect the rights of others and, more generally, all applicable laws and regulations relevant to your use of the Service, and not to make available any content that you do not have the lawful right to transmit (including any content that would violate any confidentiality or fiduciary obligations you might have), that would infringe the intellectual or proprietary rights of any third party (including, but not limited to, copyrights, trademarks, service marks or patent rights), or that would violate the right of privacy or publicity of any public or non-public persons;
  6. Not to engage in any conduct or to post or share any content that would interrupt, destroy, limit or more generally harm the Site and/or the Service or enable you to gain unauthorized access to the Site, including by using viruses, malicious computer code, programs or files;
  7. Not to reproduce, copy, sell, or commercially use (including the right to access) in whole or in part, the Service and/or Site.

In case of any violation of the above, WallMuse reserves the right to cancel or rename your account and/or to block you from accessing the Site as well as to disclose any information as necessary to satisfy any law, regulation, governmental request or partner request, at its sole discretion. WallMuse also reserves the right to block the distribution of Your Montages or any Third-Party Content through the Service. You also agree that WallMuse modifies, at its sole discretion, the restriction of broadcasting to certain country(ies) the descriptions of Your Montages/Artworks for any reason. Further, you represent that you shall hold harmless (including reasonable attorneys’ fees) WallMuse, its affiliated companies, its principals, its agents, its administrators, and its employees from and against any claim by any third party arising out of or connected with the use of the Service, the violation of the TOS or of any other document therein, or, more generally, the violation of the law.

III. Posting and Sharing Content

Basic Principles

You may specify Artworks and contents, create Montages that will be part of the Montages Catalogue. You understand that you share Your Content under your sole responsibility and represent that you own all the rights to, or have secured the necessary authorizations for said Content. You shall verify that Your Content is in compliance with the TOS and, more generally, is not harmful or unlawful. You agree to comply with all policies or technical requirements from WallMuse, provide all the data and information, whether personal and not, requested by WallMuse, and more generally follow all procedures that may be implemented from time to time by WallMuse with respect to the Artworks/contents and Montages. Without limiting the foregoing, you will respect all the rules, provide all information, and follow all instructions displayed on WallMuse Site.

Identification of Your Content

As we do not exercise any control over Your Content, it is your sole responsibility when specifying Your Artworks/contents or Your Montages on the WallMuse Montages Catalogue to clearly and truly identify its actual or potential nature to ensure its classification in the proper category(ies). This is necessary for the good operation of the Service.

Feedback

WallMuse collect users’ feedbacks or ratings pertaining to Your Montages. WallMuse may also implement a computerized process that would, without any intervention from WallMuse, block access to Your Content, without any liability whatsoever.

Personal Data

Before using the Service, you must communicate all personal or organisation data or information requested by WallMuse. You must update your personal or organisation data or information from time to time so that it remains true, complete, accurate, and current at all times. You understand that you have no right whatsoever in the personal data or information pertaining to users of WallMuse or of its partners broadcasting Your Montages, except for the case if you are an Art Partner site where you can access to emails and usage statistics and of such sub domain Art Partner subscribers. Further, WallMuse or its partners are under no duty to provide you with said data, wholly or in part. You shall never collect the Password associated with the account of a user of WallMuse or of its partners.

Limitation of Liability

WallMuse does not host Your Content, although some content may be cached for efficiency purposes, and may never be liable for any loss of data or any harm to Your Content, your Devices including computer systems or any other electronic devices. WallMuse may not be held liable for terminating the license herein granted or for discontinuing the broadcast of Your Montages or Montages that include Your Content. Further, WallMuse may not be held liable for any use or misuse of Your Content or services made by a third party or a commercial partner, or more generally for the conduct of others.

IV. Privacy Policy

WallMuse respects your privacy and that of others. We encourage you to read our Privacy Policy.

V. Proprietary Rights

Access to the Site

WallMuse is the sole holder of all proprietary rights to the Site and the Service including the users’ databases. Any reproduction, display, publication, transmission or, more generally, any unauthorized use of the Site or the Service may trigger your liability and result in criminal or civil legal action. You undertake not to access the Service by any means other than those made available to you by WallMuse. The use of Third-Party Content may only be done in compliance with the authorization or license granted by the respective right holders.

Intellectual Property – Patent

The Program is protected by patent FR 2 943 438 (WO2010106125) entitled “Method and System for the Synchronised Broadcasting of Complementary Media on a Plurality of Broadcasting Devices” intellectual property laws and international conventions.

Intellectual Property – Copyright

The Site is an original work protected by intellectual property laws and international conventions. Its structure and the Third-Party Content available may be protected by copyright or any other intellectual property right. You warrant that you will not modify, lease, borrow, sell, or distribute these works, or create derivative works based wholly or partly on the Site or on Third-Party Content unless authorised by the rights of Artworks and/or Montages. You may access the Site for your personal and private use. Screen Copying of Montages is prevented. Printing is limited to your personal non-commercial use; any other use or communication is prohibited without receiving WallMuse’ or right holders prior written consent. All rights not expressly granted to you by the TOS are reserved.

Trademarks

The registered WallMuse trademark and logo and all other WallMuse trademarks are owned by WallMuse. You agree not to use or communicate said trademarks or logo without our written consent. However, and by exception, you may use WallMuse Sharing in SD towards other sites to enable others to know about Montages you appreciated.

Intellectual Property of Others

We respect the intellectual property of others. If you believe that material over which you have rights has been reproduced or used in such a way as to constitute an infringement, please contact us with your personal information, a description of your work, the location on the Site of the potentially infringing material, a statement of the rights you have asserted over the work, and a statement of the absence of authorization given to the party using said material.

Third Party Rights

Without prejudice to the step that WallMuse may take to protect its rights, WallMuse reserves the right, without justification nor notice, to prevent access to any Content or to delete any Montage (including when it has been selected by users) that may harm third parties rights, which you expressly agree.

Your Content

You hereby grant WallMuse the right to incorporate in its Services and Site Your Content as well as to broadcast Your Montages and as such display, adapt, and communicate to users of Your Montages, for the countries where rights are indicated as long as you decide to leave them within the Montages Catalogue.

VI. Disclaimer

Limitation of Liability

The Service and the Site are made available to you “as is.” WallMuse makes no warranty, whether implied or express, as to the Service and the Site. In particular and without limitation, we may not warrant the continuity and quality of the Service available on this Site, or the fact that the Site will be permanently accessible, or that our users will not violate the TOS or our privacy policy. We may limit the use of our Service. You understand that you are accessing and using the Site and the Service at your own risk. WallMuse may not be held liable for your reliance on any information or data you may have accessed, directly or indirectly, through the Service, nor for your accessing or downloading of any material, program, or file through the Service. WallMuse may not be held liable for any loss of data or for any damage to your computer system or any other device used to access the Service. Although we use our best efforts and all available means to ensure the confidentiality of your personal data, we may not be held liable in the case of a breach of said confidentiality, regardless of its cause (including, but not limited to, technical difficulty, intrusion into our data processing system, or human mistake). More generally, you accept that we may not be held liable for any consequential, special, or incidental damages, direct or indirect, resulting from the access to or use of the Service and/or Site and that the limitation of liability applies to WallMuse SARL and to its affiliated companies, principals, directors, agents, and employees.

Third-Party Content – Links

WallMuse has no control over and does not host Third-Party Content that may be provided by third parties through the Montages Catalogue or the Site. Similarly, we cannot control links to other websites or other Internet resources. These resources, content and services are provided to you “as is” to facilitate further information research. As such, you acknowledge that we may not be held liable with respect to third-party resources, content or services and you undertake to directly and exclusively contact the appropriate third party with any claim or request you may have. We may not be held liable with respect to the content, advertisements, products, services or any other data or information available on or from those external sites or sources. Furthermore, you understand that we may not be held liable for any damages or loss arising from or connected with the use of or the reliance on the contents, goods, or services available on those external sites or sources.

VII. Warranties

You expressly warrant that you own all the rights to, or have secured all the necessary authorizations for, the use and distribution of Your Content, including the right to sublicense those rights. As WallMuse does not exercise any control in Your Content, you understand that WallMuse may not be held liable for its communication to the public and share Your Content under your sole responsibility. Your Content shall at all times be in compliance with the WallMuse TOS and, more generally, is not harmful or unlawful, in particular towards minors. Further, you represent that you shall hold harmless (including reasonable attorneys’ fees) WallMuse, its affiliated companies, its principals, its agents, its administrators, and its employees from and against any claim by any third party arising out of or connected with the use or distribution of Montages that refer to Your Content, the violation of the TOS, or, more generally, the violation of the law.

VIII. Miscellaneous

Update and Modification

We reserve the right to correct possible errors on the Site and, more generally, to modify, from time to time and without notice, the Site or any part thereof. We may not be held liable for any modification, interruption, or suspension of the Service or for any resulting damages.

Notices

We may send you notices via email, or display on the Site links to said notices. We may use this method, for instance, to inform you of future revisions to the TOS.

Termination of account

You may terminate your account at any time. In the case of violation of the TOS, we reserve the right to limit your access to the Site and/or to rename or terminate your account. You understand and accept that we may not be held liable for the cancellation of your account.

Severability

If any provision of the TOS is adjudged by a court to be void or unenforceable, this shall in no way affect any other provision of the TOS, which shall remain in full force and effect.

Entire Agreement

The TOS and the Privacy Policy constitute the entire agreement between You and WallMuse and shall supersede any prior agreement.

No Waiver

A waiver by WallMuse of any term or condition of the TOS shall not be deemed or construed to be a waiver of such term or condition for the future or any subsequent breach thereof.

Headings

The headings of the clauses do not form part of and shall not be read into the construction of the TOS.

Choice of Law – Forum

The TOS and your relationship with WallMuse are governed by English law. If any dispute arises with respect to the validity, interpretation or performance of this TOS, the parties shall try in good faith to reach an amicable settlement .If no settlement is reached within 15 days, the parties shall submit their dispute governed by English law. English courts shall have jurisdiction over any dispute arising out of or connected with the use of the Service or the Site.

Versioning 9 April 2019

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Signature Certificate
Document name: Artistic Usage
Unique Document ID: 50377cfa1603aa244d662296dafcff41e3542bc2
Timestamp Audit
21 September 2017 06:15 GMTArtistic Usage Uploaded by Alexandre Khan Khan - alexandre.khan@wallmuse.com IP 88.202.59.8