ARTICLE 1: PURPOSE

Every USER is encouraged to carefully read these General Conditions of Use (GCU) before using the services on the site. www.artistswap.net
These GCU (General Conditions of Use) legally govern the use of the services on the Artistswap website (hereinafter referred to as "the site").
Constituting the contract between the Artistswap association and the User, access to the site must be preceded by the acceptance of these GCU. The mere act of using the services offered by the site implies acceptance of these terms. www.artistswap.net Entails the full and unconditional acceptance of these General Conditions of Use (GCU). The USER therefore declares and acknowledges having read these GCU.
For better understanding of these General Conditions of Use (GCU), the following terms are defined as follows:
Platform : Refers to the website. www.artistswap.net, published by the Artistswap association, allowing users to post and view listings, as well as interact with other members.
User : Any person registered on the platform who has accepted these GCU and is accessing the services provided by Artistswap.
Announcement : A publication made by a user on the platform, including exchange or pooling offers, as well as any information related to the goods or services offered.
Swap : Collaboration or provision of goods or services between users, in accordance with the rules established by the platform.
Swap partners : Members of the platform engaging in a collaborative or exchange relationship through the services offered by Artistswap.

ARTICLE 2: LEGAL NOTICE

Website publisher
The website Artistswap is published by the association Artistswap, governed by the law of July 1, 1901, registered with the Prefecture of Marseille under the number n° SIREN : 928752351

• Siège social : 13005 Marseille
• Email address: contact@artistswap.net
• President of the association: Mrs. Wendy VACHAL

Publishing Director
The publishing director is: Mrs. Wendy VACHAL, legal representative of the association Artistswap

ARTICLE 3: MEMBERSHIP OF THE ASSOCIATION AND ACCESS TO SERVICES

Membership and annual fee
Artistswap is a platform managed by an association governed by the French Law of 1901.
Access to the platform and its services (such as viewing and publishing member profiles) is free of charge.

It is, however, possible to become a member of the association by paying an annual subscription of €50 (subject to change by a resolution of the general assembly).
This membership, which is entirely optional, helps support the activities of the association, in particular the management and development of the platform.

In addition, anyone may also choose to make a donation to contribute to the funding of the association’s activities.

Access reserved for members

• Once their membership is validated, members have personal access to their account on the Artistswap platform. This access allows them to:
• View the profiles of other members ;
• Edit their profile in accordance with these GCU;
• Contact and communicate with members via the platform's internal messaging system
• Participer à des échanges et collaborations artistiques dans le cadre des objectifs de l’association
• Post advertisements in the dedicated section
• Leave a testimonial in the dedicated section

Commitment of members
Members agree to:

• Use the platform exclusively within the framework of the objectives defined by the association;
• Respect the rules of courtesy and good conduct set out in these GCU;
• Not to divulge their login details or use another member's account.

Non-refund of membership fee
Under no circumstances may the annual subscription fee be reimbursed, including in the event of deregistration or early termination of membership by the member.

Termination of membership
In the event of a serious breach of these Terms and Conditions or the association's Articles of Association, Artistswap reserves the right to temporarily suspend a member's membership while it assesses the facts and allows the member to present its arguments.

ARTICLE 4: ENTRY INTO FORCE - DURATION

The General Terms and Conditions of Use are applicable for as long as the User is browsing and accessing the site and for as long as the User is using the services.

The User is hereby informed that the GCU may be updated at any time.

ARTICLE 5: ACCESS TO THE SITE

5.1 Services accessible via the website
The Artistswap site allows users to benefit from the following services:

• Creation and management of user profiles (artists, designers, curators, art critics);
• Access to an internal messaging system to facilitate exchanges;
• Publication and consultation of exchange or pooling offers between members.

5.2 Access conditions

• Access to the platform is strictly reserved for natural persons of legal age (aged 18 and over).
• Registration is compulsory to access the features and services dedicated to members (creating a user profile, internal messaging, finding an exchange partner, interactive member map, etc.).

5.3 Registration procedure
In order to guarantee a community of trust and avoid identity theft, users must provide the following information when registering on the platform:

1. Accurate and verifiable personal information (surname, first name, e-mail address, etc.);
2. A portfolio and a link to a website or social media account showcasing their artistic practice;
3. A curriculum vitae
4. A selfie holding a valid ID document

These documents help verify members’ identities and ensure the authenticity of profiles within the community. All submitted materials are handled with strict confidentiality and are never shared with third parties.

The documents will only be kept for the time required to validate the membership and will be destroyed if the member's account is permanently deleted.

5.4 Access to the site

• The site is accessible free of charge from any terminal with an Internet connection. All access costs (hardware, Internet connection, etc.) are the responsibility of the user.
• Access to services reserved for registered members. Once registered, members receive a username and password allowing them to access dedicated services such as internal messaging, viewing listings, and participating in exchanges. Members are responsible for keeping this information confidential.

5.5 Interruption or suspension of access

• The publisher reserves the right to interrupt or suspend access to the site without notice, in particular for maintenance or updating purposes.
• Users will be informed as soon as possible of any prolonged suspension of services.

ARTICLE 7: INTELLECTUAL PROPERTY

7.1 Brand and site content
The trademarks, logos, content of the Artistswap site (graphic illustrations, text, videos, works, etc.) are protected by the Code of Intellectual Property and copyright. Any reproduction, representation or exploitation of the contents of the site is strictly forbidden without the prior authorisation of Artistswap, except for private and non-commercial use.

7.2 Ownership of content published by the user
Users retain full ownership of the rights attached to the content they publish on the Artistswap platform (text, images, videos, works, etc.). By posting such content, users grant Artistswap a non-exclusive license, valid for the entire period of their presence on the site., free and transferable, for :

• Use, represent, reproduce, distribute and adapt this content as part of the services offered by the platform;
• Adapting content to the site's technical requirements (file compression, optimisation for different digital media).

This licence is limited in particular in time to the use of the contents within the framework of the services provided by Artistswap, and this, as long as the contents remain on line or until the user chooses to remove them.

7.3 Warranties Provided by the User
The user guarantees to Artistswap that they:

• Owns or has the necessary rights to publish and distribute the content;
• Does not infringe on the intellectual property rights or other rights of third parties (copyright, trademarks, privacy, etc.);
• Does not publish content that is contrary to good morals or current laws, including:
  • Works or elements protected by copyright without prior authorization;
  • Content that incites illegal, defamatory, offensive, or discriminatory activities;
  • Unauthorized commercial solicitations (advertisements, spam, etc.).

7.4 Use by Artistswap
By publishing content (texts, images, videos, artworks, etc.) on the Artistswap platform, the user retains all intellectual property rights to such content.

However, in order to ensure the proper functioning and promotion of the platform, the user grants Artistswap a non-exclusive, free, global, and transferable license to:

• Use, display, reproduce, adapt, modify, and distribute this content within the scope of the services offered by the platform;
• Promote the artistic projects of members across various media (website, newsletters, social media, etc.).

License Limitations:

• This license does not authorize the use of the content for commercial purposes outside of activities directly related to Artistswap, unless explicitly agreed upon by the concerned user.
• Artistswap agrees to credit the user's name next to the content whenever it is used.

ARTICLE 8: RESPONSIBILITY

Artistswap ensures the reliability of information relating to the identity of users. However, users are solely responsible for the content they upload to the platform.

Despite regular updates, the site cannot be held liable for any changes in administrative or legal provisions occurring after publication. The same applies to the use and interpretation of information communicated on the platform. Artistswap undertakes to update its content within a reasonable time following the entry into force of new applicable regulations.

The site disclaims any responsibility for any viruses that may infect the user's computer equipment after using or accessing this site.

The site cannot be held responsible in the event of force majeure or the unforeseeable and insurmountable actions of a third party.

The site does not guarantee the complete security and confidentiality of data. However, the site commits to implementing all necessary methods to ensure it to the best of its ability.

ARTICLE 9: PUBLICATION AND MANAGEMENT OF PROFILES

9.1 Definition and Content of the User Profile
After creating a user account in accordance with the provisions of Article 5, the User has access to their profile page, which they can modify through their personal space. This page will contain essential information accessible to other Users. This information includes, but is not limited to:

• A mandatory profile picture
• Their biography
• An image representative of their artistic work

9.2 Modification of Listings
– Modifiable Settings :
The User can modify any elements of their profile at any time.

– User Responsibility :
The User remains responsible for updating their profile and agrees to provide accurate, verifiable information that complies with these Terms and Conditions of Use. Any changes made must not be misleading or harm the integrity of the platform.

– Validation Process :
After modification, the profile will be automatically updated on the platform. However, Artistswap reserves the right to verify that the new information complies with the platform's usage rules and may decide to suspend the publication of a profile if it does not adhere to the CGU.

9.3 Validation and Publishing of the User Profile
The User acknowledges that the publishing service begins immediately after electronic validation. Artistswap does not carry out prior validation or review of the content of profiles before they are published online. Any subsequent modification of the modifiable settings remains the exclusive responsibility of the User.

9.4 User Commitment
By publishing a listing, the User declares that the information provided is accurate, truthful, and reflects reality. They commit to:

• Not to distribute malicious, defamatory, misleading, illegal, or immoral content;
• To respect the values and objectives of the Artistswap site by ensuring a climate of respect and trust between members.

Any breach of these rules may result in the deletion of the Profile and, where applicable, the disciplinary measures described in Articles 11, 13.7 and 16 of these Terms and Conditions.

ARTICLE 10: HYPERTEXT LINKS AND COOKIES

10.1 Hypertext Links
The site may contain hypertext links. By clicking on these links, the User will leave the platform. The platform has no control over, and cannot be held responsible for, the content of the web pages linked to these hyperlinks.

10.2 Cookies
During visits to the site, the automatic installation of a cookie on the User's browsing software may occur.

Cookies are small files temporarily placed on the User's computer hard drive. These cookies are necessary to ensure accessibility and navigation on the site. These files do not contain personal information and cannot be used to identify an individual.

The information contained in the cookies is used to improve the browsing performance on the site www.artistswap.net.

By browsing the site, the User accepts the use of cookies. They can be disabled through the settings of the browsing software.

ARTICLE 11: USER PUBLICATION

11.1 Publication of profiles
Members of the Artistswap site can publish their profile via their personal space. They agree to respect the rules of the Netiquette and the laws in force.

11.2 Ownership of Content
Members retain all intellectual property rights to their content. However, any publication involves granting Artistswap a non-exclusive, free right to use, reproduce, modify, and distribute this content on any medium for the duration of the intellectual property rights. The site agrees to credit the author’s name with each use.

11.3 User Responsibility
Users are responsible for the content they publish and undertake not to disseminate content that infringes the rights of third parties or contravenes the laws in force.

11.4 Deletion of Content
The site reserves the right to delete or modify any content without notice for any reason deemed necessary.

ARTICLE 12: RESPECT OF EXCHANGED GOODS AND LIMITATION OF LIABILITY

12.1 Commitment of Users
By using the services of the Artistswap platform, members agree to:

• Respect the goods exchanged, lent, or made available within the framework of collaborations or mobility organized through the platform;
• Ensure the safekeeping, security, and original condition of entrusted property (equipment, artworks, workspaces, tools, etc.);
• Immediately report any incidents or damage to the exchanged goods to the concerned parties;
• Immediately report any incidents or damage to the exchanged goods to the concerned parties;

12.2 User Responsibility
Users are fully responsible for the goods they receive, lend, or exchange through the platform.

– In the event of loss, theft, or damage to property, they agree to reach a mutual agreement to resolve the issue.

12.3 Loan or Exchange Agreement
Artistswap is based on a mutual trust agreement between exchange and mobility partners, promoting artistic collaborations in a spirit of respect and responsibility.
However, to manage potential unforeseen circumstances and better frame these exchanges, some practical tools are recommended and made available to users:

• A sample agreement is provided by Artistswap. This example must be adapted according to the specifics of the exchange or collaboration.
• These documents, provided for guidance, help ensure transparency and prevent disputes by clearly defining the responsibilities and expectations of each party.
• In the case of making real estate available (studios, workshops, accommodations), examples of inventories are also provided to document the initial and final condition of the spaces used.

These documents are provided as examples for guidance only. They must be adapted by the parties and cannot hold Artistswap liable. Users are encouraged to have the final version reviewed by their advisor.

12.4 Specific Obligations for Certain Services
When providing specific assets, such as workspaces or equipment, users must comply with particular rules regarding their maintenance, security, and the confidentiality of associated information. These rules will be specified in the documents used by the parties.

RTICLE 13: PRACTICAL ARRANGEMENTS FOR EXCHANGES AND CROSS-MOBILITIES

13.1 Prior Organization via Internal Messaging

• Exchange partners must define the terms of their collaboration or mobility through the platform's internal messaging system.
• Discussions must include:
  • The exact start and end dates of the exchange.
  • The exchanged or lent goods (accommodation, studio, tools, artworks, etc.).
  • The respective responsibilities, particularly regarding maintenance costs or minor repairs.

13.2 Key Handover and Logistical Guarantees
To ensure a smooth exchange and avoid any inconvenience, partners must organize the key handover and ensure the continuity of mobilities. Several options are recommended:

1. Hand-to-hand exchange : If possible, the keys are exchanged directly between partners before departure.
2. Local intermediary : Partners can designate a trusted third party on-site (friend, neighbor, building manager) to handle the key exchange and retrieval.
3. Secure key storage : Use a secure key box or a dedicated key-holding service (e.g., Keycafe or equivalent). This is particularly useful for long-distance exchanges.

13.3 Managing Unexpected Events
In case of transportation delays, flight cancellations, or other unforeseen events, partners must:

• Communicate immediately through the platform's internal messaging system or any other agreed method.
• Provide an emergency solution, such as:
  • A night in a hotel or temporary accommodation covered by the concerned user.
  • The possibility for the local partner or an intermediary to temporarily manage access to the exchanged goods.

13.4 Respect of Commitments

• Partners agree to respect the agreed-upon arrival and departure times.
• Partners agree to respect the agreed-upon arrival and departure times.
• Any issues or damages must be reported promptly in order to find an amicable solution.

13.5 Documents and Insurance

• Partners are encouraged to use the document templates provided by Artistswap (agreement, inventory) to formalize the terms of the exchange.
• It is recommended to subscribe to travel or liability insurance to cover potential damages, incidents, or unforeseen events related to the exchange.
• Users are invited to subscribe to appropriate insurance covering the exchanged or lent goods (liability, artwork or equipment insurance, etc.) to protect against any incidents.
• Artistswap Association does not provide any insurance coverage for exchanges made via the platform.

13.6 Limitation of Liability of the Platform

The Artistswap Association is not a party to the contract concluded between users. The Artistswap Association cannot be held responsible for the non-compliance with the contract made between exchange partners.

• The Artistswap Association acts as a technical intermediary between users and cannot under any circumstances be held responsible for incidents, disputes or damage relating to goods exchanged or loaned via the platform.
• The platform does not guarantee the quality, condition, or conformity of exchanged goods, nor the accuracy of users' statements.
• Any claims related to exchanged goods or agreements made between users must be resolved directly between the concerned parties.

13.7 Suspension or Exclusion for Non-Compliance

• Any failure to comply with these commitments may result in a temporary suspension or permanent exclusion from the platform, as decided by the management committee.
• Any costs resulting from non-compliance with these rules may be charged to the responsible user.

ARTICLE 14 : ROLE OF TECHNICAL INTERMEDIARY

14.1 Platform Operation
Artistswap exclusively acts as a technical intermediary by facilitating member connections through the publication and hosting of announcements on its site. The platform does not directly or indirectly participate in the conclusion of exchange or provision agreements between members.

14.2 Limitation of Responsibility
As an intermediary:

• Artistswap does not guarantee the quality, security, compliance or legality of the content and goods exchanged or made available by members.
• Artistswap does not provide advice or assistance that could be considered as services of an agent or real estate intermediary, as defined by applicable regulations.
• Members acknowledge that Artistswap has no active control over the content of published profiles, other than to ensure compliance with the Terms and Conditions.

14.3 Member Commitment
Members agree to provide accurate, truthful, and verifiable information when creating their profile, posting announcements, and in all their interactions on the platform.

In the event of the publication of false, erroneous, or misleading information that causes harm to Artistswap or other users, the offending member agrees to:

• Compensate Artistswap for any damage or costs resulting from these statements (legal fees, repairs, reputational loss, etc.).
• Compensate other members affected by these statements in accordance with the terms defined in agreements between the parties.

Artistswap reserves the right to suspend or terminate access to the platform for any user who does not comply with these commitments, as outlined in Article 16.

14.4 Legal Protection of Artistswap
Members agree to indemnify and hold Artistswap harmless from any liability in the event of:

• Claims or legal actions initiated by other members or third parties resulting from an exchange or provision made through the platform.
• Damages or losses arising from the use of the platform or associated services.

If Artistswap is sued due to the actions of a member, that member agrees to:

• Compensate Artistswap for any judgments rendered against it.
• Cover the costs incurred (including legal fees) by Artistswap in defending itself.

14.5 Acknowledgment of Limitations
By accepting these GCU, members declare that they have understood Artistswap's limited role as a technical intermediary and acknowledge that the use of the platform is at their own risk.

ARTICLE 15: DISPUTES BETWEEN USERS

Artistswap acts solely as a platform for connecting and facilitating exchanges between its members. Consequently, Artistswap does not intervene in any disputes or conflicts that may arise between users, whether regarding exchanged goods, agreements made, or any other aspect of their interactions.

15.1 Dispute Resolution
Users agree to resolve any dispute directly with another member, in accordance with the terms agreed upon between them, especially within the framework of exchange agreements or contracts. Artistswap recommends using mediation or other amicable dispute resolution methods before considering legal action.

15.2 Exemption from Liability
In the event of a dispute, users release Artistswap from any liability and agree to indemnify the platform for any claims, actions, or damages resulting from the conflict between them.

ARTICLE 16: SANCTIONS IN CASE OF BREACH OF THE GCU

In the event of a violation of these Terms of Use, Artistswap reserves the right to take the following measures, depending on the severity of the breach:

16.1 Temporary Suspension
In the case of a minor or temporary breach of the Terms of Use, Artistswap may temporarily suspend the user's access to the platform's services, with or without prior notice, until the breach is rectified.

16.2 Account Termination
In the event of a serious or repeated violation of the Terms of Use (such as the dissemination of illegal content, fraud, or harmful behavior towards other users), Artistswap may immediately terminate the user's access to the platform, without prior notice or refund of membership fees, after notifying the user of the decision.

16.3 Compensation and Fees
In the case of a violation of the Terms of Use causing harm to Artistswap or another user, the offending user agrees to compensate the injured parties and cover any costs and damages related to the breach.

16.4 Review of Sanctions
Sanctions may be reassessed by an internal committee of Artistswap based on the specific circumstances of the breach, and any decision can be contested by the user through an internal appeal process on the platform, according to the procedures outlined in the internal regulations.

ARTICLE 17: DURATION OF THE CONTRACT

This contract is concluded for an indefinite period. The use of the platform’s services marks the commencement of the application of this contract to the user.
Les utilisateurs peuvent résilier leur contrat à tout moment en désactivant leur compte sur la plateforme.

ARTICLE 18: APPLICABLE LAW AND COMPETENT JURISDICTION

These Terms of Use are governed by French law.

In case of a dispute, the parties agree to seek an amicable resolution before resorting to legal action.

• If the user resides in France, any dispute will be subject to the exclusive jurisdiction of the courts within the jurisdiction of Marseille, France.
• If the user resides outside of France, they may bring their dispute before the competent courts in their place of residence, in accordance with the applicable rules for consumer protection.

ARTICLE 19: CAUTION AND CLARIFICATIONS ON EXCHANGES

19.1 Principles of exchanges on Artistswap
Artistswap is based on a collaborative model for the exchange and mutualization of goods, services, and resources between its members. No financial compensation between members (such as deposits, additional fees) is normally required, except in exceptional cases.

19.2 Prohibition of sharing sensitive information
Users are strictly advised to:

• Never share their banking information (credit card numbers, account codes, etc.) with other members, whether via internal messaging or any other means.
• Conduct all communications and transactions related to exchanges directly through the platform, following the ethical rules established by the Artistswap community.

19.3 Reporting abuse
In case of a suspicious request, non-compliant behavior, or violation of the established rules, users must report these incidents to the administration team via the email address contact@artistswap.net.
Artistswap reserves the right to suspend or delete any user account that does not adhere to these fundamental principles.

19.4 Relationship between exchange partners
The relationship between exchange partners is strictly a private agreement between them. Artistswap acts solely as an intermediary to facilitate connections and will not be responsible in the event of financial disputes or issues regarding the management of goods provided.

ARTICLE 20: GENERAL CONDUCT OF USERS

Users agree to respect the rules of courtesy and the principles outlined in these GCU, including:

• Providing accurate information during registration.
• Respecting the privacy of other users and not sharing personal data without consent.
• Refraining from publishing inappropriate content, such as:
  • Content inciting hate, violence, discrimination, or harassment.
  • Pornographic, defamatory, or illegal content.
  • False or misleading information that could harm other users.

Sanctions in case of breach
In the event of a breach of these TOS, Artistswap reserves the right to remove the offending content, suspend or terminate the account concerned, without prior notice.

ARTICLE 21: MODIFICATIONS OF THE GENERAL CONDITIONS OF USE

Artistswap reserves the right to modify or update these GCU at any time in order to comply with legal, regulatory, or technical developments, or to improve the platform's functionalities.

Substantial modifications will be communicated to users through a notice posted on the site and/or by email, at least 30 days prior to their effective date. Users who continue to use the platform after this period will be deemed to have accepted the new GCU.

For minor or non-significant changes, these will take effect immediately upon publication on the site. Users are encouraged to regularly review the T&Cs to stay informed of their content.

ARTICLE 22: TERMINATION OF USER ACCOUNT

• The user may terminate their account at any time by going to the settings of their profile.
• In the event of a serious breach of these T&Cs, Artistswap reserves the right to suspend or terminate the user's account without prior notice or refund of the subscription, at the discretion of the management committee.

ARTICLE 23: INDEMNIFICATION

The user agrees to indemnify and defend Artistswap against any claims, damages, liabilities, or costs (including attorney’s fees) resulting from a breach of these T&Cs or the misuse of the platform.

ARTICLE 24: FORCE MAJEURE

Neither party shall be held responsible for the total or partial failure to fulfill its obligations under these GCU if such failure results from an event of force majeure, as defined by applicable legislation.

Force majeure events include, but are not limited to:

• Natural disasters (floods, earthquakes, fires, etc.)
• Strikes, riots, or social unrest
• Strikes, riots, or social unrest
• Pandemics or epidemics affecting the platform’s or users' ability to operate
• Governmental or judicial decisions preventing the performance of services

In the case of force majeure, the affected party must inform the other party as soon as possible.

ARTICLE 25: FINAL PROVISIONS

25.1 Validity of the Terms and Conditions
These Terms and Conditions constitute the entire agreement between the User and Artistswap regarding the use of the site and related services. They supersede any prior discussions, negotiations, or agreements between the parties regarding the same matters.

25.2 Severability
If any provision of these T&Cs is found to be invalid or unenforceable by a competent court, that provision will be enforced to the fullest extent permitted, and the remaining provisions will continue in full force and effect.

25.3 Modification
Artistswap reserves the right to modify or adjust these T&Cs at any time. Modifications will be effective immediately upon their publication on the site and will be communicated to the User appropriately. The User must regularly review the T&Cs to stay informed of any updates.

25.4 Applicable Law and Jurisdiction
These GCU are governed by French law. In the event of an unresolved dispute, French courts will have exclusive jurisdiction.

25.5 Force majeure
Neither party shall be held responsible for the failure to perform its contractual obligations in the event of force majeure, in accordance with the terms of Article 23 of these GCU.