PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO COMPLY WITH THE TERMS AND CONDITIONS SET FORTH HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE OUR SERVICES.

The use of the Services is prohibited for individuals under the age of 18 without the supervision of a parent or legal guardian who agrees to comply with these Terms. You represent and warrant that you are 18 years of age or older (or the age of majority under applicable law) or that you have reviewed these Terms with your parent or legal guardian and that they have agreed to be bound by them.

Please review our Privacy Policy to learn more about how we collect, use, and share information about users of our Services.

• ArtCritic Materials. The Services include content such as, but not limited to, ArtCritic logos and those of its products or services, and all designs, texts, graphics, images, information, data, software, audio files, or other files, and their selection and arrangement (collectively, the “Materials”), which are the property of ArtCritic or its licensors and are protected by international copyright laws. This includes all illustrations on this site that were specifically created for it. These share a common aesthetic and collectively contribute to the site’s visual identity. These illustrations are inseparable elements of the texts they accompany and cannot be used separately.
• User Content. The Services may allow you or other users to create, post, send, or store messages, photos, texts, and other materials (“User Content”). ArtCritic does not claim ownership or control over such content and disclaims any responsibility for any User Content posted, stored, or transmitted by you or any third party, or for any loss or damage thereto.
• Third-Party Content. The Services may include third-party content and links to websites or content owned and operated by third parties (collectively, “Third-Party Content”). ArtCritic does not own, control, or endorse any Third-Party Content and makes no representation or warranty of any kind regarding the Third-Party Content. You acknowledge and agree that ArtCritic is not responsible for any Third-Party Content and assumes no responsibility for updating or reviewing it. Users use Third-Party Content at their own risk.

• ArtCritic. ArtCritic grants you a limited, non-transferable license to access and use the Services, solely for personal use. This license is subject to these Terms and does not include: (a) resale or commercial use of the Services or Materials; (b) distribution, public display, or public performance of the Materials; (c) modification or other derivative use of any part of the Services or Materials; (d) downloading (other than page caching) any part of the Services, Materials, or any information contained therein, except as expressly permitted on the Services; or (f) any use of the Services or Materials other than for permitted purposes. Any use of the Services or Materials other than as specifically authorized in these Terms, without the prior written permission of ArtCritic, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Except as expressly provided herein, nothing in these Terms shall be deemed to confer any rights to intellectual property, whether by estoppel, implication, or otherwise. ArtCritic may revoke this license at any time.
• Users. By submitting or posting User Content on the Services, unless otherwise indicated by us, you grant ArtCritic an international, royalty-free, irrevocable, perpetual, non-exclusive, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content, in whole or in part, and to incorporate it into other works, in any form, media, or technology now known or later developed, including for promotional or commercial purposes. By submitting or posting User Content on the Services, you represent and warrant that: (a) the User Content is non-confidential; (b) you own and control all rights in the User Content that you post, or otherwise have all the rights necessary for posting such User Content on the Services; (c) the User Content is accurate and not misleading or harmful in any way; and (d) the User Content, and its use and posting in connection with the Services, do not and will not violate these Terms or any other applicable laws, rules, or regulations.

Some of our Services include interactive areas (“Interactive Areas”) where you or other users can, for example, create, post, send, or store User Content. By using these Interactive Areas, you understand that certain User Content may be posted publicly or shared with selected users. You are solely responsible for your use of the Services and Interactive Areas and use them at your own risk.

These Terms do not create any reasonable expectation or promise that the Services will not contain any material prohibited by these Terms. Although ArtCritic is under no obligation to screen, edit, or control User Content posted on the Services, it reserves the right, at its sole discretion, to access, use, monitor, disclose, or preserve any information related to your use of the Services, including but not limited to User Content or any information acquired about you through your use of the Services, if ArtCritic believes in good faith that such action is necessary (a) to comply with applicable law or respond to a legal process served by the competent authorities; (b) to enforce these Terms or protect the rights or property of ArtCritic or its users; (c) to prevent any loss of life or serious physical injury to anyone; or (d) to prevent any potentially illegal or offensive activities.

You agree that your use of the Services, including the posting of any User Content, will not violate any law, contract, intellectual property rights, or other rights of any third party, and will not constitute a criminal or tortious act, and that you are solely responsible for your conduct while using the Services. You further agree not to:

• Use the services in a manner that could interfere with, disrupt, negatively affect, or prevent other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
• Engage in discriminatory, defamatory, libelous, hateful, privacy-invading, abusive, obscene, threatening, physically dangerous, illegal, or otherwise objectionable behavior;
• Imply in any manner that you are affiliated with us or that you, your products, or your services have been endorsed by us for any purpose;
• Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters, or pyramid schemes, or harvest or collect email addresses or other contact information of other users of the Services for the purpose of sending spam or other commercial messages;
• Reverse engineer any aspect of the Services or attempt to discover the source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services (except as expressly permitted by law);
• Use or attempt to use another user’s account without authorization from that user and ArtCritic, or post, transmit, distribute, store, create, or otherwise publish or send through the Services any User Content that contains personal information of anyone, including but not limited to names, addresses, email addresses, or credit card information;
• Post, transmit, distribute, store, create, or otherwise publish or send through the Services any viruses, corrupt files, or any other harmful, disruptive, or destructive files;
• Develop any third-party applications that interact with User Content or the Services without our prior written consent;
• Use any robot, iframe, spider, crawler, scraper, or any other automated means or interface not provided by us to access the Services, including but not limited to, for the purpose of copying, extracting, aggregating, displaying, publishing, or distributing content or data made available by the Services.

Some of our services may require or allow the creation of an account with us, including a username and password. When creating an account, you agree to (a) provide only accurate, complete, and up-to-date information, (b) maintain and promptly update the information in your account, (c) maintain the confidentiality and security of your username and password, (d) accept all risks and responsibilities for any access to your account, whether authorized or not, and (e) immediately inform ArtCritic if you discover or suspect any unauthorized use of your account.

ArtCritic has a passionate and enthusiastic fan community. Each week, we receive hundreds of questions and suggestions about our products and services. Although we would like to use fan ideas to develop concrete products and services, we do not accept unsolicited ideas about products or services due to the volume of requests we receive and the resources required to process them. If you send product suggestions, questions, creative materials, ideas, or other information about our Services or ArtCritic (“Submissions”), whether through the Services or otherwise, such Submissions will be considered non-confidential and will automatically become the sole property of ArtCritic. ArtCritic will own, and you hereby assign to ArtCritic, all rights, title, and interest, including all intellectual property rights, in such Submissions, and ArtCritic will be entitled to use and disclose them without restriction for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to sign any documents required by ArtCritic (at our sole discretion) to confirm the assignment and unrestricted use and disclosure of such Submissions by ArtCritic.

ArtCritic respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at the help center at https://help.artcritic.com.

ArtCritic reserves the right to modify, update, or terminate its Services or any feature or part thereof at any time without notice. You agree that we may suspend or terminate your rights to access our Services at any time for any reason, without notice, obligation, or liability to you.

USE OF THE SERVICES IS AT YOUR OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ArtCritic OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ArtCritic MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, ArtCritic AND ITS AFFILIATES, LICENSEES, LICENSORS, AND CONTRACTORS (“ArtCritic PARTIES”) SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, EVEN IF ArtCritic HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL EVENTS, THE TOTAL LIABILITY OF THE ArtCritic PARTIES TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNT (IF ANY) THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES GIVING RISE TO SUCH CLAIM. IF OUR ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES IS RESTRICTED BY LAW, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, OUR LIABILITY AND WARRANTY DISCLAIMER SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

If the ArtCritic Parties are subject to any claims, costs, damages, losses, or other liabilities, whether actual or potential (collectively, “Covered Losses”) resulting from your use of any of the Services or any data, information, or other material you provide through the Services, including User Content, you agree to indemnify the ArtCritic Parties against all such Covered Losses and related costs, including reasonable attorney’s fees.

You further agree to indemnify the ArtCritic Parties for any Covered Losses arising from or relating to: (a) any submissions you provide; (b) any violation of these Terms by you; and (c) any violation of the rights of others by you. Some jurisdictions limit consumer indemnities, so some or all of the above indemnification provisions may not apply to you. If you are obligated to indemnify us, we will have the right, in our sole and absolute discretion, to control any action or proceeding and to determine whether we wish to settle and, if so, on what terms.

• Our customer service is available to address any concerns you may have regarding the Services. You can contact it at https://help.artcritic.com.
• Any issue that we cannot resolve and any dispute or claim arising out of or related to these Terms or your use of the Services (individually, a “Claim”), except for matters described in section 13(d) below, shall be finally resolved by binding arbitration by the International Chamber of Arbitration of Paris, in accordance with the provisions of its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the International Chamber of Arbitration of Paris (the “ICAP”), excluding any rules or procedures governing or permitting class actions. The power to resolve Claims shall belong exclusively to the arbitrator and not to any federal, state, or local court or agency. The arbitrator shall be authorized to award any remedy that would be available in a court of law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties acknowledge that, in the absence of this mandatory provision, they may have the right to litigate in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court. ANY SUCH ARBITRATION SHALL BE CONDUCTED BY THE PARTIES ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES WAIVE THEIR RIGHT TO BRING A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If a court or arbitrator determines that the class action waiver set forth in the preceding sentence is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the arbitration provision set forth in this Section 13 shall be deemed null and void in its entirety and the parties shall be deemed to not have agreed to arbitrate Claims.
• The rules governing the arbitration can be found at www.arbitration.org or by contacting the ICAP by telephone at +33 142 369 965. If the initial filing fee for the arbitration exceeds the initial filing fee for a lawsuit, the difference will be reimbursed by us. If the arbitrator finds the arbitration to be non-frivolous, we will pay all actual filing and arbitration fees, provided that your claim is for less than 100,000 €. The arbitration rules also allow you to recover attorney’s fees in certain cases.
• Section 13(b) does not apply to claims (i) in which a party seeks to protect its intellectual property rights (such as patent, copyright, trademark, trade secret, or moral rights, but excluding privacy or publicity rights), or (ii) that can be brought in small claims court.
• 30-Day Opt-Out Right. You have the right to opt out of the provisions of Section 13 of this agreement by sending a message to our help center informing us of your decision to opt out within 30 days of beginning to use the Services. If you send such notice, Section 13 will not apply to any party. If you do not send such notice, you agree to be bound by Section 13 of this document.
• You and ArtCritic agree that the Paris Commercial Court (France) shall have exclusive jurisdiction over any appeal of an arbitration award and over any suit between the parties not subject to arbitration. Any dispute between the parties shall be governed by this Agreement and the laws of France, without regard to its conflict of law principles that may provide for the application of the law of another jurisdiction.

If any part of these Terms is deemed unlawful, void, or unenforceable for any reason, that part will be severed from these Terms, and the remainder of the Terms will remain in effect. Our failure to enforce any of these Terms at any time shall not be construed as a waiver of our rights. Any waiver of these Terms must be in writing and signed by an authorized representative of ArtCritic.

We may make changes to these Terms from time to time. If we do, we will notify you of any changes, for example by posting the most recent version on our Services and updating the “Last Updated” date above. You can view the most recent version of the Terms at any time by clicking on “Terms of Use” at the bottom of the relevant web page. We encourage you to check this page regularly for updates. If you continue to use the Services after we notify you, you confirm your acceptance of the modified Terms. If you do not accept the changes to the Terms, you must stop using the Services.