Terms of service

The website gargantuart.com (hereinafter “the Site”) is published by INTERNET ART SOLUTIONS, a French SARL with a share capital of EUR 1,500, registered with the Paris Trade and Companies Register under number 539 998 328, whose registered office is at 3 rue Bonaparte, 75006 Paris, France (hereinafter “the Publisher”).

The Site offers an online consultation service for digitised art documentation: historical art journals and contemporary art books, with a full-text search engine. Users can create an account, subscribe to a plan giving access to all or part of the catalogue, or purchase individual items, which become available in their personal library.

These terms of service (hereinafter the “Terms”) govern access to and use of the Site by any visitor or registered user (hereinafter “the User”).

The Site, its structure, its databases, its texts, its interfaces and all the digitised content it makes available (journals, books, reproductions, records, metadata) are protected by intellectual property law and, where applicable, by the sui generis right of the database producer.

Access to the Site grants the User a strictly personal and private right of consultation. Without the Publisher’s prior written authorisation, the following in particular are prohibited:

• any reproduction, communication, distribution or resale of all or part of the content, beyond personal consultation;
• any bulk or systematic extraction of content or metadata, whether manual or automated (mass downloading, harvesting, scraping, building datasets);
• any circumvention of the technical protection measures in place on the Site.

Any unauthorised use may give rise to civil and criminal liability.

The Site offers three ways to access content:

• Limited free access: some content and features can be consulted without payment, within the limits (number of pages, quotas) indicated on the Site.
• Subscription: a subscription gives access, for its duration, to the content and features described in the plan subscribed to.
• One-off purchases: some items can be purchased individually; they then remain accessible in the User’s personal library, under the conditions set out in the terms of sale.

The financial conditions (prices, duration, renewal, cancellation) are detailed in the terms of sale.

Subscriptions and one-off purchases concern the supply of digital content not supplied on a tangible medium, the performance of which begins immediately after payment.

In accordance with Article L221-28, 13° of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of digital content without a tangible medium where performance has begun with the consumer’s prior express consent and acknowledgement that they thereby lose their right of withdrawal.

At the time of each purchase, the User expressly consents to the immediate performance of the contract and expressly waives their right of withdrawal.

The User undertakes to:

• provide accurate information when creating their account and keep it up to date;
• keep their sign-in credentials confidential; they are strictly personal, and any use of the account is deemed to be made by its holder;
• not circumvent, disable or alter the technical measures protecting the content;
• not use automated extraction methods (bots, scripts, scraping) on the Site;
• use the Site in accordance with these Terms and with applicable regulations.

In the event of a breach, the Publisher reserves the right to suspend or terminate the User’s account, without prejudice to any damages.

Anyone who considers that content available on the Site infringes their rights or is unlawful may report it to juridique@gargantuart.com, specifying the address of the content concerned and the grounds for the report. The Publisher will review the report as promptly as possible.

The processing of personal data carried out in connection with the Site (account, payments, emails, technical logs) is described in the privacy policy, which forms an integral part of the information provided to the User.

The Publisher uses its best efforts to ensure the accuracy of the information published and the proper operation of the Site. However, the Publisher cannot be held liable for indirect damage, for loss of data attributable to the User, or for malfunctions resulting from force majeure, the act of a third party or non-compliant use of the Site.

In any event, and unless mandatory law provides otherwise, the Publisher’s liability towards a User is limited to the amounts actually paid by that User during the twelve months preceding the event giving rise to the claim.

The Site is provided “as is”. The Publisher does not warrant that the Site will be free of anomalies or errors, or that it will be accessible without interruption. The Publisher may temporarily suspend access to the Site for maintenance, security or update reasons, while endeavouring to keep such interruptions short.

These exclusions apply to the extent permitted by law and do not affect the statutory guarantees available to consumers.

Any complaint may be sent to contact@gargantuart.com or juridique@gargantuart.com. If no amicable solution is found, consumers may use, free of charge, the consumer mediator to which the Publisher belongs:

Association MEDIATION-NET, 3 rue des Morillons, 75015 Paris, France.

They may also use the European Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/.

These Terms, supplemented where applicable by the terms of sale and the privacy policy, constitute the entire agreement between the User and the Publisher regarding the use of the Site. Should any provision of these Terms be declared void or unenforceable, the other provisions shall remain in full force.

These Terms are governed by French law. Any dispute relating to their interpretation or performance falls within the jurisdiction of the French courts, subject to the mandatory jurisdiction rules applicable to consumers.

Use of the Site and, in particular, the creation of an account constitute full and complete acceptance of these Terms. The Publisher may amend the Terms; the applicable version is the one online on the date the Site is used, whose last update date appears at the top of the page. In the event of a substantial change, registered Users will be informed.