WELCOME, AND THANK YOU FOR YOUR INTEREST IN FeelTheArt®.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE FeelTheArt® SERVICE. BY ACCESSING OR USING THE SERVICES OR ANY FUNCTIONALITY THEREOF ON ANY COMPUTER, MOBILE PHONE, TABLET, OR OTHER DEVICES (TOGETHER “DEVICES” AND EACH A “DEVICE”), YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND ANY OTHER APPLICABLE LAW.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT ACCESS OR USE THE SERVICES OR ANY FUNCTIONALITY THEREOF.
1.1 The Services are owned and operated by LIVDEO SAS, a company whose registered office is located at 2 Grande Rue, 70190 BUSSIERES, FRANCE (“LIVDEO SAS”).
1.2 FeelTheArt® is a product exclusively owned and operated by LIVDEO SAS.
1.3 For the purposes of these Terms and Conditions of Use, any reference to “LIVDEO”, “WE” or “US” may be a reference to the LIVDEO SAS.
1.4 All “LIVDEO” and “FeelTheArt®” logos and trademarks are the exclusive property of LIVDEO SAS.
2.1. FeelTheArt® is a Mobile App / Platform developed by LIVDEO SAS. It provides augmented layers of storytelling for existing or traveling exhibitions. It has been created for both cultural institutions and Art aficionados, allowing them to create their own digital Art exhibitions using augmented reality technology.
2.2 With FeelTheArt®, you can search and view artworks collections from cultural institutions all over the world. Then it allows you to create your own art gallery within the app, through adaptive storytelling and augmented reality exhibitions.
Be aware that your carrier’s normal rates apply when using the Service. The Service contains services and features that are available to certain mobile Devices. By using the Services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us.
4.1 You do not need to create an account to start using the Services.
4.2 In the future, please note that We may introduce different account plans to fit with your specific needs.
5.1 To use the Service, you need to be at least [14] years old.
5.2 In the future, we might offer in-app purchase features. Note that, in order to buy anything within the Service, you need to be at least [18] years old.
By agreeing to these Terms, you represent and warrant to us that: (a) you are at least [18] years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Service on such entity’s behalf.
5.3 To use specific current or future functionalities of the Services, you will be required to register and create an account within the App.
When creating an account, we will need some of your personal information, such as your First and Last Name, your Mail, and possibly, your Company’s Name if you register as such.
5.4 Please be aware that using the Services’ features requires an Internet connection.
5.5 Without this data, it would, in some cases, be technically impossible to deliver or display the Service content. In addition, the processing of this data is required for security purposes, in particular, to control access, input, transfer and storage. In addition, we may use anonymous information for analytical and service optimization purposes. Furthermore, the log files can be checked and analyzed retrospectively in case of suspected illegal use of the software. The legal basis for this is Article 6.1.f of the GDPR.
5.6 Generally, data such as the website’s / app domain name, the web browser and web browser version, the version of the App, the operating system, the IP address, and the timestamp of the access to the software are collected. The scope of this logging does not surpass the standard log scope of any other websites on the web.
These logs are collected for a period of up to 30 days. There is no right of objection to this.
6.1 FeelTheArt® Mobile App offers its users the opportunity to interact with the Services.
6.2 In the application, you can create and view your own “galleries”. A gallery is a selection of your favorite artworks. From galleries (that belong to you or from the community) you can then create digital exhibitions through augmented reality or through audio storytelling playlists.
6.3 FeelTheArt® includes a feature that allows you to share your “gallery” with the user community and make it publicly available.
6.4 You will be able to generate specific interactions within the application through text and voice comments (under strict moderation by us), “Emoji” reactions to the different artworks during and after an exhibition.
6.5 You are solely liable for the content you generate, your interactions with other users of the Services, and your activity on the Services.
You agree not to post any content or make any communications that may expose LIVDEO SAS or any user of the Services to any harm or liability of any kind.
You agree not to post or submit any content, or link to any website, that is unlawful, fraudulent, deceptive, misleading, defamatory, infringing, harassing, hateful, threatening, abusive, pornographic, or sexually, racially, culturally, or ethnically offensive or otherwise objectionable.
6.6 Your Content generated is not confidential or proprietary. You grant and warrant that you have the right to grant to LIVDEO SAS a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your Content in any manner or media now or later developed for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative work, sublicense, distribute, assign and commercialize without any payment due to you.
6.7 LIVDEO SAS reserves the right to monitor any information transmitted or received through any forum provided, and, at its sole discretion and without prior notice, to review, remove or otherwise block any material posted.
6.8 LIVDEO SAS has no obligation to pre-screen, monitor, edit or remove User-Generated Content and assumes no responsibility for User-Generated Content, even where it chooses to carry out pre-screening, monitoring, editing, or removal of User-Generated Content.
7.1 AI artworks: The AI artworks generated on the app (the “Artworks”) are the property of the person who generated them (the “User”). The User is solely responsible for the content of the Artworks.
7.2 License grant: By generating Artworks on the app, the User grants LIVDEO SAS a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and display the Artworks for any lawful purpose, including for promotion and marketing of the FeelTheArt app.
7.3 Intellectual property rights: The User represents and warrants that the Artworks do not infringe on the intellectual property rights of any third party. If the User becomes aware of any potential infringement, they must immediately notify LIVDEO SAS by email at [email protected].
7.4 Responsibility for content: The User is solely responsible for the content of the Artworks and any consequences arising from the use or distribution of the Artworks. LIVDEO SAS is not responsible for the Artworks content or any actions users take in relation to the Artworks.
7.5 Termination of license: The license granted to Livdeo SAS in these terms may be terminated by the User at any time by deleting the Artworks from the app. Upon termination, LIVDEO SAS will no longer have the right to use, reproduce, distribute, or display the Artworks.
7.6 Changes to these terms: LIVDEO SAS reserves the right to update or modify these terms at any time and without prior notice. Any changes will be effective immediately upon posting on the app or website. It is the User’s responsibility to review these terms regularly.
7.7 Governing law: These terms shall be governed by and construed in accordance with the laws of France, without giving effect to any principles of conflicts of law.
7.8 Dispute resolution: Any disputes arising out of or in connection with these terms or the Artworks shall be resolved through binding arbitration in accordance with the rules of France. The arbitration shall take place in France.
7.9 Entire agreement: These terms constitute the entire agreement between the User and LIVDEO SAS with respect to the Artworks, and supersede all prior or contemporaneous communications and proposals, whether oral or written.
The app allows users to purchase credits, which can be used to generate AI artworks. The following terms and conditions apply to the purchase of credits:
8.1 Payment: All payments for credits must be made through the app using a valid payment method. We reserve the right to change the price of credits at any time, but LIVDEO SAS will not charge you more for credits you have already purchased.
8.2 Refunds: LIVDEO SAS does not offer refunds for credits that have been purchased, except in the case of defective credits or if required by law. If you believe you have received defective credits, please contact us at [email protected].
8.3 Termination: We reserve the right to terminate or suspend your account and revoke any unused credits if LIVDEO SAS believes you have violated these terms and conditions or if we believe that your use of the app is fraudulent or inappropriate.
8.4 Responsibility for use: You are responsible for all activities that occur under your account, including the purchase and use of credits. You should keep your account information and password confidential and not share them with anyone.
8.5 Intellectual property: The AI artworks generated using the app are the property of the User and are protected by copyright and other intellectual property laws. You may not copy, distribute, or create derivative works from the AI artworks without the Creator’s express written permission.
By purchasing credits and using the app, you agree to these terms and conditions. If you do not agree to these terms and conditions, you should not purchase credits or use the app.
9.1 LIVDEO SAS has teamed up with renowned partners to offer you derivative products on the theme of your favorite artworks.
We are not in charge of collecting your data. If you make a purchase via the Service, you will be redirected to the partner website. Therefore, it will be necessary to ensure that you agree with their terms of use and privacy policy.
10.1 In order to fully use the Service and its features, we will need you to authorize access to your position and to your camera. Here is why and how we ensure your privacy while doing so.
10.2 We require localization access to offer you a range of cultural institutions and digital exhibitions near your position. We use the services and features from Mapbox to ensure the most precise and secure ways to help you reach your points of interest wherever you are on the globe.
By following those links, you will find their respective Terms and Conditions and Privacy Policy :
Terms and Conditions: https://www.mapbox.com/legal/tos
Privacy Policy: https://www.mapbox.com/legal/privacy
10.3 If you want to use our Augmented Reality features, we will need you to grant us access to the camera while using this specific service. While we may need to use world tracking information from the camera to better position your AR experience (World Tracking uses algorithms on your device to process information from these sensors to determine a user’s position relative to a physical space), we do not collect nor store any data when you stop using the features.
11.1 If you choose or are provided with a username, password, or any other piece of information as part of the security procedures of LIVDEO SAS, you must treat such information as confidential and must not disclose it to any third party nor allow any unauthorized person access to the services under your username and/or password. You are responsible for any actions that take place while using your Services account or while using the Services via your Device, and LIVDEO SAS is not responsible for any loss that results from the unauthorized use of your username and/or password, with or without your knowledge.
12.1 All intellectual property contained in or on the Services (except for User-Generated Content) is owned by LIVDEO SAS or its licensors. All content in the Services (except for User-Generated Content) including, but not limited to, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, interactive features, and all other content (“Content”) is a collective work under applicable copyright laws and is the proprietary property of LIVDEO SAS or its licensors. LIVDEO SAS reserves all of its rights in respect of the IPR contained in the Services and in respect of the Content.
12.2 In particular, the Services contain trademarks including, but not limited to, the mark “FeelTheArt®” and the “FeelTheArt®” logo. All trademarks included in the Services are owned by LIVDEO SAS or its licensors. LIVDEO SAS reserves all of its rights in respect of the trademarks included on the Services.
12.3 Nothing in these Terms and Conditions of Use shall be interpreted as granting Users any license of IPR owned by LIVDEO SAS or its licensors.
13.1 LIVDEO SAS may change the format and content of all or any part of the Services at any time, including but not limited to the removal of features or functionalities in the Services.
13.2 LIVDEO SAS may suspend the operation of the Services, or of certain of its features or functionalities, for support or maintenance work, in order to update the content or for any other reason.
13.3 Updates to the Services may be issued from time to time. Regardless of the update, you may not be able to use all or part of the Services until you accept any new terms.
14.1 Each of the Clauses or sub-clauses of these Terms and Conditions of Use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining Clauses or sub-clauses will remain in full force and effect.
15.1 LIVDEO SAS reserves the right in its sole discretion to terminate your account and/or access to the Services or any functionalities thereof, delete your profile and any of your User-Generated Content, and/or restrict their use of all or any part of the Services if those terms are not strictly respected.
15.2 After any line of action subject to Clause 11.1 you are not allowed to create a new account to circumvent the termination, deletion or restriction.
15.3 You understand and agree that some of your User-Generated Content may continue to appear on or through the Services or may persist in backup copies for a reasonable period of time even after their account and/or access to the Services is terminated.
15.4 These Terms and Conditions of Use remain in effect after your account and/or access to the Services is terminated.
16.1 LIVDEO SAS may change these Terms and Conditions of Use at any time after noticing users and making sure you are asked to accept them once again and for every new update or amendment.
16.2 LIVDEO SAS must publicly amend the Terms and Conditions of Use to the Services. In the event that the Terms and Conditions of Use are amended, you will be asked to accept those revised Terms and Conditions of Use when you next use the services. Any use of the Services thereafter will be on the basis of those revised Terms and Conditions of Use.
16.3 You must not use the Services if you do not agree to the terms of our revised Terms and Conditions of Use.
17.1 Please note that these Terms and Conditions of Use, their subject matter, and their formation are governed by French law. You and we must agree that the courts of Besançon, France will have exclusive jurisdiction.
FeelTheArt is a product by Livdeo