Welcome to WallMuse! By using WallMuse (the “Site”), you agree to abide and be bound by these Artistic Usage Terms of Service (the “TOS”) and/or any revised version which are for artists, curators, museums, culural mediators, art centres, cultural sites, performance producers, festivals, galleries, private collections, community art/cultural projects, education or training entities, teachers, facilitators and learners, individual persons or registered organisations (Art or Cultural Mediators). 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 and re-sent for your approval by email. The Site is operated by WallMuse SARL, 10 rue de Penthièvre, 75008 Paris, France (“WallMuse” or “we”).
I. Description of Service
General
WallMuse provides artistic/cultural users (“You”) an access to:
- WallMuse site and programs (the Program) that enables you to view content such as art, culture, lectures, exhibitions and various digitised collections, curations produced as Digital Exhibitions called Montages for encrypted downloads or streaming, for one or multiple synchronised screens/projectors, in various Spaces, in situ or outside of your physical locations.
- a database of such Montages (the “Montages Catalogue”), that are securely encrypted and/or legally binded and managed through a Digital Rights Management (DRM),
- Within the WallMuse Programs, Curation Tools (Add Content, Modify Contents and Curation Planner, also called Create Montages, as well as Planning Tools) so you can share Your Montages with a broader public, if needed. WallMuse offers these Programs and Curation Tools to produce Montages that are composed of Artworks, Contents, Code or any information provided by you or 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”)
- Your WallMuse Account (“Your Account”) may participate in or offer various business models (Monetization through subscription freemium practices, bundled with other membership services, adjacent to sponsoring/patronage, subsidies…), to support Your Montages’ Audience, your subdomain, also called Custom Apps/Sites that deploy the Program, Your Subscribers for Program deployment(s) and related Money Transfers (together, the “Service”). Case studies conducted during SHAREX EU co-financing may be shared.
The Program front-end interfaces, also called user interface, use React, an open-source library and are under same kind of open-source license. The back-end programs, the servers, the web services are documented, but as handling copyright contents and allow synchronised playing, are the exclusive property of WallMuse, protected by patent, and are composed of computer code to manage create, play Montages and to encrypt and/or legally bind the Third-Party Content available through the Program. The Standard Definition (SD), High Definition (HD), Ultra High Definition (UHD/4K/6K/8K or higher) formats for multiple synchronized usage may be free when Third-Party Content under a Creative Commons license or monetized, under a given business model, when under Copyright for outside spaces to your physical location(s).
Artistic/Cultural Users
Artistic Usage accounts are for artists, curators, museums, culural mediators, art centres, cultural sites, performance producers, festivals, galleries, private collections, community art/cultural projects (e.g. people or families of a building, a street, a neighbourhood that choose to participate), education or training entities, teachers, facilitators and learners, may they be individual persons or a given user of a registered organisation, have access to the Service when producing Montages. An organisation or company with multiple users will require multiple accounts. If Your Content is inactive or if you are not producing Montages, we reserve the right to close Your Artistic Usage Account and/or recommend another Account Type. Only one account can be used to play Montages within Artistic Usage Accounts, intended to allow you to play Your Montages on different Devices and their screens/projectors in situ, in your premisses, physical location. Access to Your Content and Third Party Content such as Artworks, Contents, Code and Montages is only possible when rights are waved this for a given country (Different Rights) unless a cooperation agreement exists between different Artistic/Cultural Users (e.g. the one of the SHAREX Project facilitating cooperation between different museums, festivals and art centres). WallMuse does not intend to host Third Party Content but has a Server Storage Service for those requiring secured server space. WallMuse keeps technical data and personal data, pursuant to its privacy policy (Privacy Policy).
Program and Montages Catalogue
Programs may be installed on your Devices (currently Windows and iOS PCs, called Standalone Player) or steamed to Smart TVs, Pads, Smartphones (called Web Player). For Copyrighted Artworks, Contents and Montages, Username and Password are required 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 other Artistic Users’ content, other users, or you. You may select Montages of your choice from Search/Select Montages. You may configure your account, your Devices and displays. You may also customise your WallMuse Player by selecting, ordering or unselecting Montages within Your Playlists and other options according to your subscriptions and their configurations. The Site enables you to create, submit and/or share your Montages and/or Artworks, Contents or Code for which you have rights by specifying these online, and sharing Your Montages within the Montages Catalogue. You may use your server spaces when specifying Artworks, Contents that require a secured FTP such as Secure FTP (SFTP) or FTP over SSH access. By Specifying their exact location and rights, Montages can then be produced. Once Your Montage is in the Montages Catalogue or on your subdomain, Your Montage may be searched, selected and played by users when rights are defined for its given channels (download and play, as well as streaming), for various formats (SD, HD/4K/6K/8K or higher, including for video walls and destructed display configurations when permitted) and country(ies).
Program, Artworks/Contents/Code, Montages and Digital Rights Management (DRM)
Artworks and Contents such as images, videos, audio recordings and texts may be shared with other users if their rights allow sharing, reuse. Code may be developed as a Planning Tool in the Curation Planner through its open-source repository and submited as a branch. Such Artworks, Contents may be found by other users in the Curation Planner (Create Montage), Search/List Contents. Artworks when rights allow sharing, reuse, with rights that permit derivatives (as indicated in certain Creative Commons right types) and may be used by other users to produce Montages in Create Montage. Code is handled independently through the repository. If you wish to create a Montage with your Artworks, Contents for which you have full rights, you specify their storage location in Specify Contents. After having named them, described them, indicated if either an image, video, audio or text, you will asked for their rights, associated for one, multiple or all countries. You shall not use Artworks, Contents from third party websites to create your Montages unless their rights permit such. After having specified Artworks, Contents, you can Create Montages with these and/or other Artworks, Contents, or Montages if their rights permit such. You should describe Your Montage in either languages of your choice, and as Curated by you, determine its Curation rights. Curation rights do not concern the whole Montage but solely Curation and should be aligned with the rights of the Artworks or Contents. You may also specify appropriate categories and keywords for the Montage, aiding in better referencing. The Montage when saved may be selected in Search/Select Montage to be later played by other Users as defined in rights. Please note that a Montage and all its Artworks/Contents must all have rights for a given country(ies) so broadcasted.
Monetization for Common Catalogue- based upon audience of Your Contents which you have full rights
WallMuse encourages Artistic/Cultural Users through a shared business model that redistributes revenues prorata audience of Your Artworks under Copyright that are played in Montages from the Catalogue. The audience is calculated according to the number of images read. A video is converted to images depending on its length: up to 3 seconds, it is counted as 1 image: for example, a video reading 9 seconds will be counted as 3 read images, a video of 10 seconds as 4 read images. Similar time principles would apply to Third Party Code, as a Planning Tool within the Planner/Create Montages. An artistic user that produces a Montage with her/his Artworks, Contents under Copyright will receive the Artworks/Contents audience / Total audience x 60% subscriptions revenues generated directly by WallMuse (Site WallMuse, from end-user subscriptions, professional spaces such as from hospitality, transport and other public spaces or personnal spaces. As an Artistic User, you have access to Your Audience (audience indicators of Your Contents under Copyright in played Montages for a given quarter for given subscription revenues. You can manage money transfers, arranged each quarter, for which associated financial transfer costs are shared between you and us.
For free subscriptions based upon business models such as sponsoring/patronage, subsidies, specific agreements might be required when subject to copyright holders demands.
Monetization – based upon audience of Contents which others have rights
This occurs for Artworks, Contents under Copyright of Artists having an artists rights management or representative organisation (Copyright Management Organisations – CMOs). In these cases, the breakdown of HD/UHD redistribution of Contents audience / Total audience is:
20% for the indicated artists rights management or representative organisation
40% for the art or cultural mediators having created the Montage
Standalone WallMuse Player Encryption
The Standalone WallMuse Player Encryption is a proprietary ‘push’ method developed by WallMuse, offering advanced security features. In contrast to common streaming ‘pull’ methods relying on existing norms, the Standalone WallMuse Player Encryption introduces an innovative approach. This unique encryption method provides an added layer of security, especially beneficial for highly sensitive artworks or contents. The following section elaborates on the distinct features of this encryption mechanism.
The server stores its data safely. The server is specifically protected by a firewall. No backdoor or any other method has been programmed to give access to an artwork without a proper authentication and the required access rights. The communications between the Site and the server are safe. All the communications with the server are encrypted using the HTTPS protocol. The Site uses a session ID provided by the server once the user has been authenticated with its Username and Password. A user cannot download Artworks to which access rights are not waved on the server side. WallMuse programs communicate safely with the server. Each program has a unique key assigned during the installation process that identifies it. All the communications with the server are encrypted using the HTTPS protocol. The artworks and contents are always encrypted. The artworks are downloaded through a secured channel. They are stored locally on the clients hard-drives encrypted with an encryption key specific to the client. The encryption key is never stored, but is asked to the server each time the program starts and is only kept in volatile random access memory (RAM). The Artworks are decrypted in RAM in a stream just before being sent to the screen, so the decrypted version of the artwork is never saved on a permanent storage.
II. Registration and Conduct
Important Information
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 should be aware of potential offensive Third-Party Contents. 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 or sharing 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 for your choices of Artworks, Contents, Code and Montages creation and share them under your sole responsibility, regardless of whether these Artworks, Contents, Code 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, and if a registered organisation also organisation 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 and organisational 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 will have sole responsibility of your account so you must be very careful when sharing it with affiliated companies, principals, directors, agents, and employees which might be required for Montages productions. You should immediately contact WallMuse should you have reason to believe that your Password is being used by an unauthorised 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:
- 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;
- 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 unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Not to harass any other users of the Site or to impersonate another user by any means including by using her/his email address and password;
- To always provide truthful, sincere and actual personal and organisational data and information and to update said data and information as needed so that they remain true, complete, accurate, and current;
- 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;
- 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 unauthorised access to the Site, including by using viruses, malicious computer code, programs or files;
- 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/Artworks 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
Basic Principles
You may specify Artworks and 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 authorisations 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.
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.
Feedback
WallMuse collects users’ feedback or ratings pertaining to Your Montages. WallMuse may also implement a computerised process that would, without any intervention from WallMuse, block access to Your Content, without any liability whatsoever.
Personal Data
Before using the Service, you must communicate all personal or organisation data or information requested by WallMuse. You must update your personal or organisation 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 distributing partners of Your Montages, except for the case if you are an Art/Culural Partner site where you can access to emails and usage statistics and of such subdomain Art/Cultural Partner subscribers. 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 broadcast of Your Montages or Montages that include 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.
IV. Privacy Policy
WallMuse respects your privacy and that of others. We encourage you to read our Privacy Policy.
V. Proprietary Rights
Access to the Site
WallMuse is the sole holder of all proprietary rights to the back-end parts of the Site (programs, the servers, the web services), and the Service including the users databases. Any reproduction, display, publication, transmission or, more generally, any unauthorised use of the back-end parts 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 authorisation 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 unless authorised by the rights of Artworks and/or Montages. 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.
Trademarks
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 towards other sites to enable others to know 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 authorisation 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) that may harm third parties rights, which you expressly agree.
Your Content
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.
VI. Disclaimer
Limitation of Liability
The Service and the Site are made available to you “as is.” WallMuse makes no warranty, whether implied or express, as to the Service and the Site. In particular and without limitation, we may not warrant the continuity and quality of the Service available on this Site, or the fact that the Site will be permanently accessible, or that our users will not violate the TOS or our privacy policy. We may limit the use of our Service. You understand that you are accessing and using the Site and the Service at your own risk, although we endevour to provide a secure and reliable programs. 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.
VII. Warranties
You expressly warrant that you own all the rights to, or have secured all the necessary authorisations 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 Montages that refer to Your Content, the violation of the TOS, or, more generally, the violation of the law.
VIII. Miscellaneous
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.
Notices
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.
Severability
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.
Entire Agreement
The TOS and the Privacy Policy constitute the entire agreement between You and WallMuse and shall supersede any prior agreement.
No Waiver
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.
Headings
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 26 February 2024