Legal Notice

1. Presentation of the site

In accordance with the provisions of Articles 6. III. and 19. of French Law No. 2004-575 dated 21 June 2004 pertaining to trust in the digital economy (Loi pour la confiance dans l’économie numérique, LCEN), users of and visitors to the site dedicated to the artist Francis Pellerin (http://www.francis-pellerin.fr) should be aware of the following legal information:

Website creator and owner: Haude Pellerin

Website publisher: Haude Pellerin

The website publisher is a natural person.

Webmaster: Haude Pellerin

Email address: contact@francis-pellerin.fr

Site hosted by: OVH

2. General Conditions of Use of the site

Use of the Francis Pellerin website implies full and complete acceptance of the General Conditions of Use (GCU) described below. These GCU may be changed or added to at any time and without notice; users of the site should therefore review them regularly.

As a matter of principle, the Francis Pellerin website is accessible to users 24 hours a day, 7 days a week, unless there is an interruption to this access, whether scheduled or not, for maintenance purposes or in cases of force majeure. In such circumstances, the site owner will undertake to do everything in their power to restore access and will endeavour to inform users in advance of the dates and times when work is due to be carried out. The Francis Pellerin website is subject to an obligation of means only and as such those responsible for it shall not be held liable for any damage, of any kind whatsoever, resulting from the non-accessibility of the site.

The Francis Pellerin website is regularly updated by the site owner. Similarly, this legal notice may be modified at any time without notice and is implicitly binding on the user. It is assumed that the user has accepted it without reservation and refers to it regularly to take note of any changes.

The owner of the Francis Pellerin website also reserves the right to sell or transfer, without prior notice, the rights and/or obligations set out in these GCU and in this legal notice. By continuing to use the website, the user acknowledges acceptance of any changes to the GCU that may have been made.

3. Description of purpose

The purpose of the Francis Pellerin website is to provide information about the entire body of work produced by the artist Francis Pellerin.

The site owner undertakes to ensure that the information presented on the Francis Pellerin website is as accurate as possible. However, they may not be held liable for omissions, inaccuracies, or failures to update the information, whether caused by themselves or by third party partners who may be called upon to contribute.

All the information presented on the website is given for information purposes only, is not exhaustive, and is subject to change. It is presented with the proviso that changes may have been made since it was published online.

4. Limits of liability

The Francis Pellerin website uses javascript.

The site owner cannot be held responsible for typographical errors or inaccuracies appearing in the content, or for any damage suffered as a result of its use. The user remains responsible for his or her equipment and its use, as well as for any direct or indirect costs incurred as a result of their connection to the Internet.

The user of the Francis Pellerin website undertakes to access the site using recently purchased equipment that does not contain viruses and a new generation browser with all the latest updates installed.

The user will not hold the owner of the Francis Pellerin website responsible for any harm or loss that they may suffer or cause to be suffered, directly or indirectly, as a result of their use of the site. The user is solely liable for their use of the site, and expressly releases the site owner from any liability relating to third parties.

Interactive areas (such as the contact area where questions can be asked) are available to users. The Francis Pellerin site owner reserves the right to delete, without prior notice, any content posted in these areas that contravenes the legislation applicable in France, in particular the provisions relating to data protection. If necessary, the site owner also reserves the right to hold the user liable under civil and/or criminal law, in particular in the case of a racist, insulting, defamatory or pornographic message, regardless of the medium used (text, photograph, etc).

The site owner will retain the user’s email address and IP address. Consequently, the user should be aware that in the event of an injunction issued by a judicial authority, the user may be found and prosecuted.

5. Intellectual property and counterfeiting

The owner of the site is the owner of the intellectual property rights or holds the rights of use for the entirety of the content of the site, in particular the text, images, graphics, logo, icons, sounds, software, etc.

Any reproduction, representation, modification, publication, or total or partial adaptation of this content, regardless of the means or process used, is prohibited, unless prior written permission is obtained by sending an email to: contact@francis-pellerin.fr

Any unauthorised use of the website or its content will be considered as an act of counterfeit and will be prosecuted in accordance with the provisions of articles L335-2 et seq. of the French Intellectual Property Code (Code de Propriété Intellectuelle).

6. Hypertext links and cookies

The Francis Pellerin website contains a certain number of hypertext links to other sites added by permission of the site owner. However, the site owner cannot verify the content of the sites visited as result and therefore disclaims all responsibility for potential risks relating to illicit content.

During their visits to the Francis Pellerin website, one or more cookies may be automatically installed the user’s computer. A cookie is a small file which does not identify the user but which records information relating to their navigation of a given site. The data obtained in this way are intended to facilitate navigation during subsequent visits. They also provide information that can be used to evaluate, in various ways, traffic on the site.

Browser settings can provide information about cookies and offer the possibility of refusing or blocking them as described at: www.cnil.fr.

By disabling the installation of cookies, internet users may find it impossible to access certain services. Users can modify their settings to disable cookies as follows:

Internet Explorer: Select gear in upper-right corner of screen/Tools > Internet Options > Privacy. Under Settings, select Advanced.

Netscape: edition tab/settings. Click on Advanced and choose Disable cookies. Click on OK.

7. Applicable law and jurisdiction

Any dispute in connection with the use of the Francis Pellerin website is subject to French law. The user and the site owner agree to submit to the exclusive jurisdiction of the French courts in the event of any dispute.

8. Protection of property and persons: personal data management

User: the Internet user connecting to and using the site dedicated to the artist Francis Pellerin.

In France, personal data is protected by Law No. 78-87 dated 6 January 1978, Law No. 2004-801 dated 6 August 2004, article L. 226-13 of the Penal Code and the European Directive of 24 October 1995.

The Francis Pellerin website owner collects personal information relating to the user only for the purposes of providing certain services offered by the site. The user provides this information with full knowledge of the facts, in particular when they themselves enter it. The user of the Francis Pellerin site is informed whether or not they are obliged to provide this information.

In accordance with the provisions of Articles 38 et seq. of Law 78-17 dated 6 January 1978 relating to data processing, data files and liberties, all users have the right to access, rectify, delete and oppose personal data concerning them. To exercise this right, send your request to Haude Pellerin, the site owner, by email (contact@francis-pellerin.fr) or by making a written and signed request, accompanied by a copy of an identity document signed by the holder, specifying the address to which the reply should be sent.

No personal information relating to the user of the Francis Pellerin site is published without the user’s knowledge, or is exchanged, transferred, or sold on any medium whatsoever to third parties. Only in the event that the Francis Pellerin website and the rights pertaining to it are purchased from the site owner would it be possible to pass on the aforementioned information to the potential purchaser who would in turn be bound by the same obligation to preserve and modify the data with respect to the user of the Francis Pellerin site.

The site is not declared to the French Data Protection Authority (CNIL) as it does not collect personal data.

The databases are protected in law by the provisions of French Law No. 98-536 of 1 July 1998 transposing into the French Intellectual Property Code directive 96/9/CE of the European Parliament and of the Council dated 11 March 1996.

9. Copyrights

The rights concerning the work of Francis Pellerin are managed by the ADAGP (Société des Auteurs dans les Arts Graphiques et Plastiques).

ADAGP

11 Duguay-Trouin Street

75006 Paris

France

Tel: +33 (0)1 43 59 09 79

Permission given and cession of rights

With thanks to:

Anne Dary, on behalf of the Musée des Beaux-Arts de Rennes, who gave her permission for the use of visual documentation (photographs and video) from the 2005 retrospective exhibition.

Jean-Roch Bouiller, on behalf of the Musée des Beaux-Arts de Rennes, who gave his permission for the photographs taken for the video about Structure, and those displayed under the heading Francis Pellerin: Geometric Abstract Art, Kinetic Art, and the Constructivist aesthetic at the Musée des Beaux-Arts de Rennes.

Jean-Paul Bigot, videographer, and the photographers Claude Gaspari, Patrick Merret and Jean-Emmanuel Salingue, who kindly ceded their rights to Haude Pellerin, for a period of 25 years and for the whole world.

The Archives de Rennes, which holds the collection Francis Pellerin 60Z. The Archives staff were very helpful in facilitating access to the documentation.

Ouest-France, which ceded its rights to Haude Pellerin for the articles presented on the site.

The site owner is also grateful to:

Patrice Gerard, for adding the content to the Francis Pellerin website.

Françoise Grayot, for her help with creating the content for the site.

Sylvie Blottière-Derrien, on behalf of Les Amis du Musée, for giving permission for the article “Begotten, not created…” to be made available on the site (originally published in 1977 in the Les Amis du Musée newsletter).

Monique Merly, who gave permission for her articles to appear on the website and ceded her rights to the same (texts registered at the Société des Gens de Lettres, 39 Rue du Faubourg Saint Jacques, Paris).

Laurence Imbernon, for her contribution to the videos that can be viewed via the site.

The INA Atlantique, for providing the integration code (Iframe) of the video “Visite au sculpteur abstrait”, 1964.

Marion Berthonneau (ADAGP), for her valuable legal advice.

Joanna Coryndon, for her translation of the site into English.

Sophie Mesplède, for her academic expertise and for proofreading the French version of the website.

David Morvan and Erwan Leguillermic (DMLG Production), for applying their specialist knowledge to the production of the 2019/2020 videos.