This translation is provided for information only; the French version is legally binding.
In accordance with Articles 6-III and 19 of French Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy (LCEN), visitors are hereby informed of the following:
Pursuant to Article 6 of the LCEN, the identities of the various parties involved in creating and maintaining the following website are set out below:
The i-CAC trademark has been registered with the INPI under number 16 4 273 617
For classes 35 – 41 – 42
The trademark also owns the following domain names: i-cac.fr; i-cac.com; i-cac.net
The i-CAC certification has been reviewed and specified by AFNOR, through the company EGYP, with the INPI
All programs, services, processes, concepts, software packages, trademarks, technology components, all contents of databases and data banks, and all services attached to and offered by i-CAC are and shall remain, in all circumstances, its full, entire and inalienable property.
Any use not expressly authorised is strictly prohibited.
In this case, i-CAC holds all copyright titles and ownership rights, which are furthermore protected under Articles L.712-1 et seq. of the French Intellectual Property Code.
The operator has filed a declaration for its i-CAC.fr website with the CNIL, registered under number 20002218 v0.
i-CAC (Certified Artists’ Price Index) is an association governed by the French Law of 1901 which offers an online service, freely accessible and with no obligation to join the i-CAC association, at the address: www.i-cac.fr
By accessing its website, whatever the URL, any user who registers or takes out a subscription agrees to be bound by all the terms and conditions of the following contract. The customer declares that they have read and accepted the general terms and conditions of sale before placing any order.
Any validation therefore constitutes acceptance of the general terms and conditions of sale.
The purpose of the Terms of Use is to define the conditions of use of i-CAC. They set out the rights and obligations of Users and constitute the Contract between them.
Use of i-CAC is reserved for Users who have first read and unreservedly accepted the Terms of Use.
The User undertakes to comply with these Terms of Use throughout their use of the i-CAC Service. If the User disagrees with the terms and conditions of the Terms of Use, the User shall refrain from using the i-CAC Service.
The User declares that they have the legal capacity to enter into a contract. If the User is a minor, they must warrant that they have received the permission of their parents or of the person holding parental authority.
If the User acts in the name and on behalf of their employer, they warrant that they have received the delegation and authority required for such a commitment.
i-CAC reserves the right to amend these Terms of Use at any time.
For the purposes of these Terms of Use, terms and expressions beginning with a capital letter have the meaning given below, whether used in the singular or the plural:
The User may only use the full i-CAC service after registering by creating an account and logging in with their email address and password as credentials. (See below: Article 7 CERTIFICATION).
The information requested by i-CAC is necessary and mandatory for the creation of the User’s account. In particular, the email address may be used by i-CAC for the administration, management and running of the Service.
The User may change any information provided at registration using their account management settings. The User is responsible for all actions carried out using their login credentials, including their Contributions.
Usernames and communications between Users must comply with the rules of good conduct set out in these Terms of Use.
The User undertakes to create only one account on i-CAC.
In the event of a breach of these provisions, i-CAC may close the account without notice, the User being solely at fault, and the User will no longer be able to use the i-CAC service.
By registering, the User gives i-CAC access to their email address and public data. The default username is then the first name followed by the surname.
Creating an account entails acceptance of these Terms of Use. By registering, the User agrees in particular to receive information from i-CAC by email, from which they may unsubscribe at any time by clicking “Unsubscribe” on their artist profile.
It is also possible to unsubscribe by sending a request via the contact page, giving the address used for registration, with “Unsubscribe” as the subject, and stating the username and the email address linked to the account. Requests to unsubscribe made by any other means cannot be taken into account.
Unsubscribing has no effect on prior assignments; in particular, i-CAC may continue to use Contributions, which will remain published and signed with the User’s public username. Should the User request that their public username be anonymised, they acknowledge being informed that this will remove their signature from their Contributions, and they thereby automatically undertake to waive any legal action or intellectual property claim.
To create a standard account, the User must:
To create an expert account, the User must:
The Expert User may also add to their profile:
Expert User profiles are indexed and only appear in expert listings from their fifth validated answer onwards.
A points system feeds a participation indicator. Points are calculated according to the Expert User’s activity and the interests of Users.
They are linked to the chosen areas of expertise. Any change of expertise leads to a recalculation of the points and therefore changes the participation indicator.
The Expert User has access to a dashboard, where they can:
Expert User profiles may be featured on the Site in various locations on various pages. These features are based on the areas of expertise associated with the sites. Profiles are featured at random from among the eligible profiles. To be eligible to be featured in locations dedicated to the service, the Expert User must have given at least 15 answers validated by moderation and have taken part at least once in the last 30 days.
In addition, they must have customised their profile photo.
i-CAC reserves the right at any time to close an Expert User account, to convert it into a standard User account, or to withdraw areas of expertise from it, if the profile or the answers given do not meet the quality standards required by the Site.
The i-CAC service is accessible free of charge from any location to any User with Internet access. All costs incurred by the User to access the service (computer equipment, software, Internet connection, etc.) are borne by the User.
Given the global nature of the Internet, the User agrees to comply with all public policy rules relating to the conduct of Internet users that apply in the country from which they use the Service. For its part, i-CAC complies with the French legislation in force to which it is subject.
i-CAC uses all reasonable available means to make its service accessible 24 hours a day, 7 days a week. However, it is under no obligation to achieve a specific result.
i-CAC identifies and selects practising professional painters, assesses their reputation according to rational, precise and objective criteria, and then certifies them by assigning them a price index.
The purpose of this index is to establish a professional classification and then to promote the artists to national and international bodies in the field of painting, while granting them a quality certification: a guarantee of quality, recognition and reference for a discerning public.
All the services attached to a subscription are inseparable from the package to which they belong, as presented in the commercial offers.
Furthermore, no special conditions are granted to subscribers, who benefit from an indivisible artist profile whose i-CAC certification includes:
For the subscription period, the subscription to the i-CAC certification plan includes putting online the subscriber’s artist profile, completed and filled in by the subscriber, under the following special conditions:
To access the certification service, the essential condition is to be a professional painter, member of the MDA (Maison Des Artistes), with an URSSAF account and a SIRET number.
The accepted painting techniques are: oil, acrylic or mixed media.
Styles must be contemporary, figurative or abstract, and be listed with the bodies where these conditions apply.
Each criterion has its own weighting coefficient.
The following are taken into account:
These multiple criteria are processed by a set of algorithms which produce a precise index, establishing a reference value for a recommended price rating.
i-CAC endeavours to gather, check and enrich the individual data of the artists who benefit from an index, and a price rating certification is thus assigned to them.
However, the artist remains in control of their work and of the price they set for it, so that no price rating is disclosed without the artist’s consent.
The price index is obtained by cross-referencing the above-listed criteria, made public by the artist themselves through the various bodies that publish them, reflecting their activity and reputation.
However, i-CAC cannot be held responsible for the content of the information collected, and in particular if it contains errors.
On the other hand, the artist may at any time contact i-CAC to request the correction or updating of their personal data with a view to a new price rating.
When its website was launched, i-CAC selected four hundred painters according to the above-mentioned criteria.
Prices are those shown on the website, according to the packages chosen, on the day of subscription. Putting online and publication are subject to full payment of invoices at the rates in force.
Certification subscriptions are invoiced as soon as they are registered, in accordance with an established confirmation process. Payment is made in euros and in full, by credit card, Visa, Mastercard, Paylib or PayPal.
Any unpaid amount or rejection by the financial institution, after 40 days and after a formal notice sent to the subscriber by any means providing proof of delivery has remained unanswered, will lead to immediate suspension as of right until the subscriber’s outstanding balance has been settled and/or cleared. Failing this, the website operator reserves every right to take legal action.
Any agreed contract takes effect immediately and its duration depends on the package chosen by the subscriber.
Before it expires, the operator will offer the subscriber a renewal of the subscription. Unless the subscriber gives notice of termination, the subscription will be renewed on the same terms as before.
Any breach by the subscriber of any of the conditions herein may, at the operator’s discretion and without compensation, result in termination of the subscription.
The subscriber will be liable for any resulting damage.
The information requested when registering on the website is necessary and mandatory for the creation of the User’s account. In particular, the email address may be used by the website for the administration, management and running of the service.
As owner, the website operator reserves the right to refuse the registration or subscription of any user, producer or contributor.
The website ensures that producers and users’ personal information is collected and processed with respect for privacy, in accordance with French Law No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties. The website is registered with the CNIL under number 20002218 v0.
Under Articles 39 and 40 of the Law of 6 January 1978, the User has a right of access, rectification, deletion and objection regarding their personal data.
In this respect, the User is invited to consult this document on the protection of personal data to find out how their personal data is used on the i-CAC website
Producers and users are solely responsible for the information, messages and, generally, any content they distribute via the interactive services of i-CAC, such as the question-and-answer, comment, private messaging or quotation request services.
They are also solely responsible for contacts made via the interactive services of the i-CAC website, such as questions and answers, private messaging or quotation requests.
The Contributor undertakes not to do anything that could harm the honour or reputation of i-CAC, its activities or its representatives.
Use of the Service to distribute advertising or commercial messages to other Users is prohibited.
The User undertakes to be courteous towards other Users and to respect the customs of Netiquette.
All contributions and communications that openly glorify crimes against humanity, incite racial hatred or violence, or are erotic, pornographic, defamatory, insulting, untruthful, offensive to the dignity of persons, contrary to public order or public decency, as well as commercial free-riding, are prohibited.
The account of any User who does not comply with these conditions may be closed and their messages deleted without notice.
Furthermore, the Contributor undertakes to provide entirely original contributions. Any copy, paraphrase or reminiscence of a text written by a third party, whether published or not, is strictly prohibited.
i-CAC warns Contributors against borrowing from websites, books, newspapers or magazines, studies, dissertations or white papers, brochures, etc. In particular, with each Contribution, the Contributor undertakes to comply with the moderation charter as worded at the time the Contribution is posted.
In the event of a breach of these provisions, the Contributor alone is liable.
Furthermore, i-CAC may then, depending on the seriousness of the facts:
i-CAC carries out moderation after publication and undertakes to follow up on all reports of abuse (indicated by a small bell next to the Contributions).
If works constituting illegal content or plagiarism are published, the User is encouraged to alert i-CAC by email to contact@i-cac.fr, with “Illegal content” or “Plagiarism” as the subject, and giving the link to the page containing the disputed content.
In the event of illegal or malicious behaviour, the User is encouraged to alert i-CAC by email to contact@i-cac.fr with “Report of abuse” as the subject, providing a complete and faithful transcript of the disputed behaviour or message if it is not public.
The User accepts that i-CAC may, on its own initiative and without prior formal notice, delete all or part of any content that the User distributes or that is sent to them via the interactive services, if such content is likely to infringe the laws and regulations in force or public decency.
The user undertakes to use the quotation request service for personal purposes and for genuine and serious services. The User undertakes to provide accurate information in their quotation requests.
Any misuse of the service may result in legal proceedings. For example, fanciful quotation requests, requests containing false information or impersonating a third party, and the creation of multiple accounts for the same natural person are considered abusive.
The User shall keep their password secret. Any disclosure of the password, in whatever form, is strictly forbidden.
The User assumes the risks associated with the use of their login and password. The website accepts no liability.
Any use of the service by the User that directly or indirectly causes damage must be compensated in favour of the website.
The website does not provide an absolute guarantee of the security and confidentiality of the data transmitted. However, the website undertakes to use all necessary means to ensure the security and confidentiality of the data as far as possible.
The website cannot be held liable in the event of force majeure or the unforeseeable and insurmountable act of a third party.
Numerous outgoing hyperlinks may appear on the website; however, i-CAC, which has no control over these links, accepts no liability whatsoever for the web pages they lead to. The User therefore shall not hold the website liable for the content and resources relating to these outgoing hyperlinks.
The trademarks, logos, signs and all other content of the website are protected by the French Intellectual Property Code, and more particularly by the copyright provisions codified in Articles L.111-1 et seq. of said Code.
Any content put online by the Producer is their sole responsibility and can in no way engage that of the operator of the i-CAC website.
The Contributor undertakes not to put online any content that may harm the interests of third parties. Any legal action brought against the website by an aggrieved third party shall be borne by the Producer/Contributor.
In this respect, any content that is the subject of controversy and/or objection may be deleted or modified by the website at any time and for any reason deemed necessary. The contributor receives no justification or notification prior to such deletion or modification. The producer therefore cannot claim any compensation for damage.
The Contributor retains all of their intellectual property rights but, through their contribution on i-CAC, the Contributor grants it the non-exclusive, royalty-free right to represent, reproduce, adapt, modify, broadcast and distribute their Contribution, directly or through an authorised third party, worldwide, on any medium (digital or physical), for the duration of the intellectual property rights.
In particular, the Contributor grants i-CAC the right to use their works on the Internet and on mobile telephone networks, in the form of a website or downloads, or in printed documents, free of charge or for a fee.
i-CAC undertakes to display the Contributor’s public username close to each use of their Contribution. Should a User request that their public username be anonymised, they acknowledge being informed that this will remove their signature from their Contributions, and they thereby automatically undertake to waive any legal action or intellectual property claim.
i-CAC may make the spelling and grammatical corrections required to publish Contributions. As these Contributions are incorporated into its websites, i-CAC may also insert hyperlinks to its own websites or to its partners’ websites.
Finally, in order to improve the quality of the content published on the Site, i-CAC may edit these Contributions, in particular by rewriting them, while respecting the Contributor’s moral rights.
No use of the Contributions will give rise to any payment of royalties or to any remuneration in any form whatsoever.
The Contributor guarantees i-CAC the peaceful enjoyment and exercise of all rights attached to the Contributions.
The Contributor thus indemnifies i-CAC against any disturbance, action, claim, objection, demand and eviction whatsoever from a third party alleging that any of the Contributions infringes its rights, and against any damage or liability incurred in the exercise of the rights attached to the Contributions.
Users shall refrain from any use of the products, services, document collections, texts, works, signatures, monogram, price ratings and illustrations to which i-CAC provides access.
Making the data available entails subscribing to a non-exclusive, non-transferable user licence, which is systematically granted when ordering or when validating directly on screen during installation of the product or service.
Apart from this decisive condition, the user shall refrain from any use or exploitation, and undertakes to stop the installation and to return any product, at their own expense.
Failing this, they would be liable to legal proceedings.
The use of online services neither entails nor grants any transfer of ownership rights.
The user shall never infringe in any way whatsoever the representation rights held by i-CAC.
All these provisions apply everywhere in the world, including after termination of the contract.
The website reserves the right to amend and adapt the clauses of this contract at any time.
The parties agree that they may exchange the information necessary for the performance of the contract electronically.
Any electronic communication between the parties is presumed to have the same evidential value as a written document on paper.
If an essential provision of the Terms of Use is declared null and void, or deemed unwritten, in whole or in part, pursuant to a law or regulation or following a final court decision, the other provisions will remain in force and retain their full binding effect between the parties.
The invalid provision would then be duly replaced by a compliant provision.
In the event of difficulties in the performance of the contract, and before any termination, rescission and/or legal proceedings, the parties undertake to submit their dispute to an amicable conciliation procedure.
To this end, the party wishing to initiate the amicable conciliation procedure must notify the other party, by registered letter with acknowledgement of receipt, of its intention to initiate said procedure, specifying the difficulties of application encountered.
Throughout the period during which such difficulties are observed, the parties agree that the continuity of the services provided for in the Terms of Use shall prevail over any other consideration.
Failing agreement between the parties within fifteen (15) days of the above-mentioned notification, the parties will regain full freedom of action.
These Terms of Use are governed by French law.
In the event of a dispute, express jurisdiction is conferred on the courts of Paris (France), within whose jurisdiction the registered office of the publisher i-CAC is located, where the contract between the parties is formalised, notwithstanding multiple defendants or third-party claims, including for emergency proceedings or protective measures in summary proceedings or by petition.
