Hosted Website Terms

These Hosted Website Terms (the 'Website Terms') apply when you activate the website hosting of Art2App (the 'Website Service'). They form part of your agreement with Art2App Ltd, company number 15074861, registered in England and Wales, 12 Barker Close, Richmond TW9 4ET, United Kingdom ('Art2App', 'we', 'us'), together with our Terms & Conditions (the 'Legal Terms'). By accepting them when you publish your website you accept them on behalf of yourself or the organisation you represent ('you'). We keep a record of your acceptance (who, when, which version).

1. WHAT THE WEBSITE SERVICE IS

We host and display, at an address we give you (and, for customers who have this option, on a domain you control), a website that you design and fill from your Art2App account. We provide the technology only. You are the publisher and editor of your website. We do not choose, review in advance or endorse what you publish, and we are not the author of it.

2. YOU ARE RESPONSIBLE FOR WHAT YOU PUBLISH

You are responsible for everything on your website: texts, images, works, names, prices, contact details, translations, links and downloadable files. You confirm that you have all the rights, licences, permissions and consents needed to publish it, and that publishing it does not infringe any law or the rights of any person (including copyright, moral rights, trademarks, image and privacy rights, and the rights of the artist or the estate when the work is not yours). Owning a physical work does not mean owning its copyright.

3. PUBLISHER IDENTITY AND LEGAL NOTICE

The law of many countries requires the publisher of a website to show who they are. You must complete the 'Legal notice' field of your website (at least: the name of the person or organisation that publishes the site, a contact email, and the other details your country requires, such as address, registration number, VAT number, director of publication). It is shown in the footer of your website. You cannot publish your website while this field is empty, and you must keep it accurate. Art2App is shown as the hosting provider.

We keep the identity details you give us, and the records needed to identify who published content, for as long as the law requires or allows (at least one year after the content is removed), and may disclose them to the competent authorities or, where the law requires, to a person with a valid claim.

4. WORKS BY OTHER ARTISTS

If your website shows works created by an artist other than the site owner, you must, before publishing them, confirm in the product that you have the permission of the artist or the estate, or that the work is in the public domain or otherwise lawfully usable. We record this declaration (who, when, which artist, which version of these terms). A false declaration is a material breach of these Website Terms.

5. CONTENT THAT IS NOT ALLOWED

You may not publish:

1. anything illegal in the United Kingdom, the European Union or the country in which you operate, or that infringes someone's rights;
2. any content that sexually exploits or endangers minors, in any form, including works that appear to depict minors in a sexual context. We report such content to the competent authorities and preserve evidence;
3. sexually explicit content (pornography, depictions of sexual acts, or images made mainly to arouse). Artistic nudity is allowed where it is clearly presented as art, for example paintings, sculptures, drawings and artistic photography of the nude, provided it is not sexually explicit and does not involve minors or a person who did not consent;
4. content that incites violence or hatred, terrorist content, or threats and harassment aimed at a person or group;
5. content that is defamatory, deceptive or fraudulent, including fake works, forged certificates, or offers to sell works you do not own or are not allowed to sell;
6. other people's personal data without a lawful basis, intimate images of a person without their consent, or personal data of children;
7. offers to sell animals, plants or products from species protected by law, such as ivory;
8. malware, phishing, spam, or anything that disrupts our service or other users;
9. anything that Art2App, acting reasonably, considers incompatible with a professional art and heritage service. We will explain our reasons.

6. OUR MONITORING

You publish your website yourself, without waiting for our approval. We monitor hosted websites, and we may review any website, or any item on it, at any time, in particular after a report or when a website has changed a lot. The review may use automated tools that flag images or texts for a person to look at. A review is not a guarantee that your content is lawful and does not make us responsible for it.

We may suspend a website, or hide a single item on it, at any time if it does not respect these Website Terms, with or without prior notice when the content is clearly illegal or harmful (we tell you our reasons as described in section 8). We may ask you for information or proof of your rights.

7. REPORTING CONTENT (NOTICE AND ACTION)

Anyone can report content on a hosted website using the 'Report a problem' link in its footer, or by writing to contact@art2app.com. A useful report states: (a) the exact address (URL) of the content; (b) why it is illegal or infringes rights, with enough detail; (c) the reporter's name and email address (not required for reports of child sexual abuse material); (d) a statement that the reporter acts in good faith and that the information is accurate. For copyright, please also say who owns the right and, for reports under US law, include the elements required by 17 U.S.C. 512(c)(3).

We acknowledge receipt by email. We review reports promptly and aim for these times: child sexual abuse material or imminent harm, immediately once we are aware; intimate images shared without consent, within 48 hours; copyright and other illegal content, within 5 working days. Knowingly false or abusive reports are a breach of our Legal Terms.

8. WHAT WE MAY DO, AND HOW WE TELL YOU

When we have good reason to believe that content is illegal or breaches these Website Terms, we may, without prior notice where the situation is urgent: remove or disable the content, unpublish or suspend the website, put it offline, restrict the domain, and keep a copy as evidence. Where we can, we tell you what we did and why (the content concerned, the reason, whether the decision was based on a report or on our own review, the contractual or legal ground, and how to respond), unless the law or an authority forbids us.

We keep the evidence (content, reports, decisions, logs) for as long as needed for legal claims and legal duties, and at least one year, even if you delete the website or close your account.

9. YOUR REPLY AND APPEAL (COUNTER-NOTICE)

If you disagree with a decision, reply to the email you received or write to contact@art2app.com within 14 days, explaining why the content is lawful. Someone who has not been involved in the first decision will look at your reply. For copyright removals you may send a counter-notice containing: the content and where it was before removal, a statement under penalty of perjury (if US law applies) that you believe the removal was a mistake, your name, address and consent to the jurisdiction of the courts, and your signature. We may restore the content if the reporter does not start a legal action within 10 working days, or if we conclude the removal was wrong. Nothing here limits your right to go to court or to any out-of-court dispute body available to you.

10. REPEAT INFRINGERS

If repeated valid reports show that you repeatedly publish infringing or illegal content, or if a single case is serious, we may terminate your Website Service and your account, without refund of the period already paid where the law allows, and refuse to host your websites in the future. We consider three confirmed cases in twelve months to be repeated.

11. YOUR DOMAIN (ORGANISATIONS THAT HAVE THIS OPTION)

If we set up your own domain for your website: you declare that you control the domain; you will keep your DNS records as we instruct; if you remove them or the domain expires, your website returns to its Art2App address or goes offline; we may disable a domain used for illegal content or in breach of these Website Terms; the domain remains yours, and Art2App acquires no right in it.

12. VISITORS AND PERSONAL DATA

• Visitors' data on your website (for example people who send you a message through the contact form): you decide why and how it is used and are responsible for the lawful use. Art2App processes it on your behalf under our Data Processing Agreement. Each website has a privacy notice for its visitors that we provide, which you may complete.
• Messages sent through the contact form are forwarded by email to the address you chose. Art2App does not keep their content: it keeps only a technical record of the time and a pseudonymised fingerprint of the sender's IP address, for at most two days, to limit abuse. You are responsible for the messages you receive, for answering them and for handling requests from the people concerned.
• Hosted websites use only cookies that are strictly necessary (for example to remember a preview or catalogue password); they do not use advertising or analytics cookies. If you add anything else, you are responsible for the information and consent that the law requires.
• We keep short-term technical logs (including IP addresses) to protect the service against abuse.

13. AVAILABILITY, CHANGES AND ENDING

We aim to keep your website available but do not guarantee uninterrupted service. We may change how the Website Service works for security, legal or technical reasons, with notice where it materially affects you. You can unpublish your website at any time. If your subscription ends or the Website Service is cancelled, your website goes offline; the retention periods of the Legal Terms apply to your data, and you can export your data beforehand. Copies of published content made by visitors, search engines or other third parties are outside our control.

14. CHANGES TO THESE TERMS

We will tell you in advance by email or in the product, as set out in the Legal Terms. If you do not accept a change, you may unpublish your website and cancel the Website Service.

15. OUR CONTACT POINTS

• Contact point for authorities and for users (EU Digital Services Act, Articles 11 and 12): contact@art2app.com. You may write to us in English or French.
• Reporting content: the contact point above, or the 'Report a problem' link of the website concerned.
• When Art2App appoints a legal representative in the European Union (Digital Services Act, Article 13; GDPR, Article 27) or a copyright agent in the United States (17 U.S.C. 512(c)), their details are published on this page. Representatives are contacts for authorities and for people in their territory; they do not replace Art2App as the provider of the service and they do not decide on your content.