Conditions for artists

General terms and conditions of delivery and use for photographers and artists working with DOTCOMCANVAS.

Please read the following terms and conditions carefully before using this website at www.dotcomcanvas.de and www.dotcomcanvas.com and the associated pages (collectively the "Website").

1. General

This website is owned by Tim Schmidt, Palmstraße 17, 09130 Chemnitz ("DOTCOMCANVAS"). By using this website, you acknowledge and accept these terms and conditions.

When the term "seller" is used below, it refers to the artist who sells his works on the marketplace / website DOTCOMCANVAS.

2. The service

DOTCOMCANVAS offers a gallery for high-quality art at a fair price, where selected and talented photographers and artists (“you”) can upload their art to DOTCOMCANVAS. Individuals and/or companies/organizations can then purchase high-quality, large-format framed prints in the form of canvas prints, acrylic glass prints, and gold/silver leaf prints through the website.

3. Registration

Registration on the website is free. When completing a registration, you must provide DOTCOMCANVAS with current, truthful, and complete information, as requested in the registration form. You are responsible for ensuring that your information is current and complete. You may only register one account.

You acknowledge and agree that you are responsible for all access to and use of your account.

By uploading art to DOTCOMCANVAS, you guarantee that you are at least 18 years old and otherwise capable of entering into this agreement.

4. The rules of conduct

You may only use the website for lawful purposes. You may not defame any person who appears in your uploaded artwork. You expressly understand and agree that when uploading artwork to DOTCOMCANVAS or communicating with DOTCOMCANVAS, you may not post, transmit, or otherwise distribute any illegal material.

Furthermore, you agree to the following:

1. i) not to defame, insult, harass, threaten or otherwise infringe the rights of other persons, including DOTCOMCANVAS.
2. ii) to publish or post inappropriate, defamatory, obscene, pornographic, racist, indecent or otherwise unlawful content, materials or information,

iii) to contribute to destructive activities such as the distribution of viruses, spam or other activities that may harm DOTCOMCANVAS or the website in any way,

1. iv) To publish or otherwise make available images, murals or other material protected by intellectual property laws, unless you own or control the rights to them or have obtained the necessary consent for their publication,
2. (v) To falsify or delete information, such as information about the author or protected designations or marks of origin or other similar information contained in the artwork; and

1. vi) to download content available through the website which you know or reasonably should know cannot be copied, displayed and/or distributed without infringing copyright.

DOTCOMCANVAS makes no claim that the above information is complete or exhaustive with regard to what may be considered illegal or inappropriate and therefore may not appear on the website. As a user, you are responsible for ensuring that the art and information you post on DOTCOMCANVAS do not violate any applicable laws or regulations. You are personally responsible for your gallery/products.

5. License, remuneration and rights

By uploading and saving your artwork to DOTCOMCANVAS, you grant DOTCOMCANVAS the unrestricted right to format, store, reproduce, print, and sell the artwork, and to freely use it for marketing purposes by making it available to the public and influencers regardless of the media and marketing channel, and by transferring these rights to potential business partners. If you wish to remove your artwork from DOTCOMCANVAS, simply contact artist@dotcomcanvas.de . There are two exceptions:

1. DOTCOMCANVAS has the right to execute customer orders before the deletion has taken place, and

2. DOTCOMCANVAS reserves the right to freely use marketing material containing deleted art (however, DOTCOMCANVAS will always strive to use the art available on the website in its marketing).

In addition to the compensation you receive from the sale of your art to a customer (see below), you waive all claims for compensation against DOTCOMCANVAS for DOTCOMCANVAS's use of the art.

DOTCOMCANVAS reserves the right, at its sole discretion, to refuse the uploading of art or to delete uploaded art from the website at any time and without prior notice.

To ensure that the uploaded artwork is suitable for large format printing, each uploaded artwork must be captured with appropriate equipment (camera, software, etc.) and meet the following technical requirements:

1. i) Resolution: at least 10 megapixels (preferably 14 megapixels or more),
2. ii) Quality: JPEG: 12; and

iii) Color profile: RGB profiles are required (Adobe RGB is preferred).

You acknowledge and agree that you waive your right to be named as the seller, photographer, artist, or copyright holder. However, DOTCOMCANVAS will always endeavor to credit the creator of the artwork and the name of the work.

For artwork that includes identifiable persons and/or could otherwise infringe on property and other protected design elements, a signed document must be attached in which the person(s) or the rightful owner give their consent.

The artists are entitled to a fee of 8% of the sales price (excluding VAT).

For sellers who are tax-registered and possess a tax identification number (IdNr.) as well as a business identification number (W-IdNr.), DOTCOMCANVAS offers self-invoicing, and the seller hereby agrees to this. DOTCOMCANVAS will accordingly create and issue such an invoice on behalf of the seller and then settle it. To enable such self-invoicing, the seller hereby agrees and acknowledges that:

1. DOTCOMCANVAS can issue invoices on behalf of the artist,
2. The artist will not issue invoices for sold print/postal items (as DOTCOMCANVAS issues the invoice on behalf of the artist), and
3. The artist will inform DOTCOMCANVAS as soon as he is no longer registered for tax purposes.

DOTCOMCANVAS is obligated to indicate on the invoice that it is a self-billing transaction. The artist is always responsible for the invoices and their accuracy. Should the artist become aware of an error or inaccuracy in an invoice, the artist is obligated to notify DOTCOMCANVAS in writing within 10 days of receiving the invoice. If no such notification is received, the invoice will be considered accepted by the artist.

The artist's compensation is paid monthly in arrears after a work of art has been sold and paid for by the customer, and the customer's cancellation period has expired.

Payment to the artist will be made exclusively via PayPal or another payment solution determined by DOTCOMCANVAS from time to time. It is the artist's responsibility to set up and assign an account that can be used to make payments under this agreement.

The seller is liable at all times for all taxes and duties related to the remuneration paid by DOTCOMCANVAS. The remuneration paid by DOTCOMCANVAS is considered inclusive of all taxes and duties, and DOTCOMCANVAS is under no circumstances obligated to pay any additional taxes or duties to the seller or any third party.

6. Intellectual Property Rights and Guarantees

You guarantee that you have the necessary rights to the art you upload to DOTCOMCANVAS, either because you created it yourself or because all contributors have given you permission to use the art at DOTCOMCANVAS in accordance with these terms.

This means that you guarantee that the artwork does not contain any intellectual property, such as images, logos, or other material for which you do not have permission to use.

You guarantee that you have ensured that the individuals who can be identified through the artwork (e.g., in a picture or by their name) are informed about the use of the material and have agreed to participate in the artwork, and that DOTCOMCANVAS is also allowed to use the mural for marketing purposes.

7. Data protection and privacy

DOTCOMCANVAS cares about your privacy and the protection of the personal data we process, ensuring that all personal data is processed in accordance with applicable data protection regulations. You can find our privacy policy here .

8. Limitation of Liability

DOTCOMCANVAS is not liable for damages that arise directly or indirectly from the use of the website and its content.

DOTCOMCANVAS will only reimburse direct costs incurred through the use of the website as a direct result of DOTCOMCANVAS' negligence. DOTCOMCANVAS is not liable under any circumstances for indirect damages such as lost profits or other consequential damages.

9. No guarantees

DOTCOMCANVAS does not guarantee continuous, uninterrupted, or secure access to the website. The operation of the website may be affected by a number of factors beyond DOTCOMCANVAS's control, and DOTCOMCANVAS makes no warranty regarding the operation or availability of the website.

10. Compensation for damages

As a user, you agree to indemnify DOTCOMCANVAS if a third party makes claims for damages due to the content you have published on the website or due to any other breach of these terms or applicable law or the rights of third parties.

11. Transfer of the contract

By accepting these terms and conditions, you agree that the contract you have entered into with DOTCOMCANVAS may be transferred to another company that is wholly or partially, directly or indirectly, owned by DOTCOMCANVAS, or to a third party in connection with a business or commercial transfer that includes the website.

12. Separation clause

Should any provision of these terms and conditions prove to be invalid or unenforceable, that provision shall be adjusted or modified to the extent necessary to eliminate the invalidity or unenforceability so that the terms and conditions may otherwise be upheld and enforced.

13. Applicable Law and Participation in Disputes

This contract and all related matters between DOTCOMCANVAS and the seller/artist are governed by the substantive law of Germany. All disputes arising from or in connection with this contract shall be decided by the courts of general jurisdiction in Germany, with the Chemnitz District Court constituting the court of first instance.