Welcome to WallMuse! By using WallMuse (the “Site”), you agree to abide and be bound by these Home Personal Usage Terms of Service (the “TOS”) and/or any revised version for home and personal usage (individual persons only). 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. We strongly encourage you to regularly review the TOS.
The Site is operated by WallMuse SARL, 10 rue de Penthièvre, 75008 Paris, France (“WallMuse” or “we”).
I. Description of Service
WallMuse provides its users (“You”), for a non-commercial personal use, with an access to:
- WallMuse site and programs (the “Program”) enable you to view content such as art, lectures, exhibitions and various digitalized collections, curations produced as Montages for broadcasts on one or multiple synchronised screens/projectors, in one space of your choice.
- a database of such Montages (the “Montages Catalogue”), that are securely encapsulated and managed through a Digital Rights Management (DRM)
- Within WallMuse Program is also Curation tools (Specify Artworks and Create Montages pages). WallMuse offers Curating tools to produce Montages that are composed of Artworks or information provided by third-parties (“Third-Party Content”) through the Program, enabling you to produce Montages, of any kind, pursuant to the terms of the TOS (“Your Content”) (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 Montages and to encapsulate 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) or multiple synchronized screen usage is charged at Home Personal Usage subscription costs (Home Subscription).
Only one Space can be defined for Home Personal Usage. For multiple Space usage, you may consider a Professional Usage Subscription.
Access to Third Party Montages, Artworks or information is only possible if their rights wave this for a given country (Different Rights).
WallMuse can also host Third Party Content through its Server Storage Service.
Program and Montages Catalogue
Programs may be installed on your Devices (currently computers, but later TVs, Pads, Smartphones) from the WallMuse Set-Up Install page. You will have to use your Username and Password to install the Program on different Devices to play Montages on their screen(s)/projector(s).
The Montages Catalogue is composed of Montages produced by professional artistic content providers, other users, or you. You may select Montages of your choice from the WallMuse Search Montages page.
You may configure a Space, its Devices and screens on the Site Play Montages and Configure Screen pages. You may also customize your WallMuse Player by selecting, ordering or unselecting Montages within Your Playlists. Your Playlists are accessible through the Player by logging in with your Username and your Password.
The Site also enables you to create, submit and/or share your Montages and/or Artworks or other artistic content by specifying these on line, and offering Your Montages within the Montages Catalogue. Your Montage(s) may be searched, selected and viewed by all WallMuse users and WallMuse partners if their rights are defined for their given channel (SD, HD/4K), country(ies).
Program and Artworks/Montages
Artworks and contents such as images, videos, audio recordings and texts may be shared with other users when only if their rights that allow sharing, reuse. Such Artworks and contents may be found by other users on the Site Create Montage Specify Contents or on the List Contents pages.
Artworks and contents with rights that allow sharing, reuse and Montages with rights that permit derivatives may be used to produce Montages on the Site Create Montage page.
If you wish to create a Montage with your Artworks or other contents for which you have full rights, you specify their storage location on the site Specify Artworks page. After having named them, described them, indicated if either an image, video or audio, you will asked for three specifications, concerning server location and Artworks rights, respectfully for:
- a Thumbnail (100×100 pixels) which will reflect the Artworks or other information appearance
- a Standard Definition (SD – 718×404 pixels) if required so broadcasted by the all users, including free users
- a High Definition (HD – 1920×1080 pixels) and Ultra High Definition (UHD/4K – 3840×2160 pixels) so broadcasted to only to paid subscriber users
Each of the above need associated rights for one, multiple or all countries. You shall not use Artworks from third party websites to create your Montages unless their rights permit such.
After having specified Artworks or contents, you can on the site Create Montage page produce a Montage with these and/or other Artworks or contents / Montages if their rights permit such. You should describe the Montage in either languages of your choice, and as Curated by you, determine its Curation rights. You may also indicate appropriate art categories for the Montage.
Once Your Montage is in the Montage Catalogue, Your Montage may be searched, selected and played by all WallMuse users if their rights are defined for its given channels (SD, HD/4K) and countries. Please note that a Montage and all its Artworks must all have rights for a given country(ies) so broadcasted.
If you create Montages that are viewed by a significant number of users, you may consider Artistic Usage: Terms of Service where you can be associated to WallMuse’s shared business model where subscription revenues are shared to all that contribute to the Montages Catalogue.
II. Registration and Conduct
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 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 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 shall not communicate it to any third-party individual or website. 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:
a. 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;
b. 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;
c. Not to harass any other user of the Site or to impersonate another user by any means including by using her/his email address and Password;
d. To always provide truthful, sincere and actual personal data and information and to update said data and information as needed so that they remain true, complete, accurate, and current;
e. 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;
f. 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;
g. 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 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
You may specify Artworks and other 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.
You understand that you may not request any payment from WallMuse for specifying Artworks, creating Montages unless you change your account type, see Artistic Usage: Terms of Service.
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.
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.
Before using the Service, you must communicate all personal data or information requested by WallMuse. You must update your personal 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 distributing Your Montages. 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 distribution of Widgets embedding 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.
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. 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.
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 to inform others on other sites 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, by remotely disabling it directly) that may harm third parties rights, which you expressly agree.
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. You understand that you may not request any payment from WallMuse for posting, sharing, modifying, or distributing Your Content. If you are an artist, a collector, part of an artistic community, a student in art, you may prefer to change your account type to an Artistic User Account.
Limitation of Liability
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.
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 Public Pages, Widgets or Themes embedding Your Content, the violation of the TOS, or, more generally, the violation of the law.
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.
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.
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.
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.
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