General Terms and Conditions of Delivery and Use for Photographers and Artists working with DOTCOMCANVAS work.
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
The website is owned by Tim Schmidt, Palmstraße 17, 09130 Chemnitz ("DOTCOMCANVAS"). By using the website, you acknowledge and accept these terms and conditions.
When we refer to the seller below, we mean the artist who sells his works on the marketplace/website DOTCOMCANVAS.
2. The service
DOTCOMCANVAS offers a gallery of high quality art at a fair price, where select and talented photographers and artists (“You”) can upload art to DOTCOMCANVAS. Individuals and/or companies/organizations can then purchase high quality, large format framed prints through the website in the form of
3. Registration
Registration on the Site is free. When you complete an application, you must provide DOTCOMCANVAS with current, truthful and complete information as prompted by the registration form. You are responsible for keeping your information 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 warrant that you are at least 18 years of age and otherwise able to enter into this Agreement.
4. The rules of conduct
You may only use the Site for lawful purposes. You may not defame any person featured in your uploaded art. You expressly understand and agree that when uploading art to DOTCOMCANVAS or communicating with DOTCOMCANVAS, you may not post, transmit or otherwise distribute any illegal material.
You further agree to the following:
- i) not to defame, abuse, harass, threaten or otherwise violate the rights of others, including DOTCOMCANVAS.
- ii) publish or post any inappropriate, defamatory, obscene, pornographic, racist, indecent or otherwise unlawful content, material or information,
iii) contribute to destructive activities such as the distribution of viruses, spam or other activities that may harm DOTCOMCANVAS or the Website in any way,
- iv) publish or otherwise make available any images, murals or other material protected by intellectual property laws unless you own or control the rights thereto or have received the necessary consent for your publication,
- v) falsify or delete information, such as:Information about the author or protected designations or marks of origin or other similar information contained in the art; and
- vi) download any content available through the Website that you know, or reasonably should know, cannot be reproduced, displayed and/or distributed without committing copyright infringement.
DOTCOMCANVAS makes no claim that the above information is complete or exhaustive with respect to what may be considered illegal or inappropriate and therefore should not appear on the website. As a user, you are responsible for ensuring that the art and information you post on DOTCOMCANVAS does not violate any applicable laws or regulations. You are personally responsible for your gallery/products.
5. License, Remuneration and Rights
By uploading and storing the art to DOTCOMCANVAS, you grant DOTCOMCANVAS the unrestricted right to format, store, reproduce, print and sell the art and to freely use the art for marketing purposes by making it available to the public and influencers regardless of the media and marketing channel and to assign these rights to potential business partners. Once you wish to remove the art from DOTCOMCANVAS, simply contact artist@dotcomcanvas.de. There are two exceptions:
- DOTCOMCANVAS has the right to execute the customer’s orders before deletion has taken place, and
- DOTCOMCANVAS reserves the right to freely use marketing materials containing deleted art (however, DOTCOMCANVAS will always endeavor to use art available on the website in its marketing).
In addition to any compensation you may receive from the sale of your Art to a Customer (as set out below), you waive all claims for compensation against DOTCOMCANVAS for DOTCOMCANVAS’s use of the Art.
DOTCOMCANVAS reserves the right, in its sole discretion, to refuse to upload any art or to remove any uploaded art from the Site at any time without prior notice.
To ensure that the uploaded art is suitable for large format printing, each uploaded artwork must be shot with appropriate equipment (camera, software, etc.) and meet the following technical requirements:
- (i) Resolution: at least 10 megapixels (but preferably 14 megapixels or more),
- 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 identified as the seller, photographer, artist or copyright holder, although DOTCOMCANVAS will always make every effort to credit the creator of the art and the name of the work.
Art that contains identifiable persons and/or may otherwise infringe on property and other protected design elements must be accompanied by a signed document giving consent from the person(s) or rightful owner.
The artists are entitled to a remuneration amounting to 8% of the sales price (excluding VAT).
For Sellers who are registered for tax purposes and have a tax identification number (ID number) and a business identification number (W-ID number), DOTCOMCANVAS offers self-invoicing and the Seller hereby agrees to this and DOTCOMCANVAS will accordingly create and issue such invoice on behalf of the Artist and then settle the same. To enable such self-invoicing, the Seller hereby agrees and acknowledges that:
- DOTCOMCANVAS may issue an invoice on behalf of the artist,
- The artist will not issue invoices for sold print/post (since DOTCOMCANVAS issues the invoice on behalf of the artist), and
- The artist will inform DOTCOMCANVAS as soon as he is no longer registered for tax purposes.
DOTCOMCANVAS undertakes to indicate on the invoice that it is a self-billing. The artist is always responsible for the invoices and their accuracy. If the artist becomes aware of an error or inaccuracy in an invoice, the artist undertakes to notify DOTCOMCANVAS in writing within 10 days of receiving the invoice. If no such notification is received, the invoice is deemed to have been accepted by the artist.
The artist's remuneration 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 of the remuneration to the Artist shall be made exclusively through PayPal or such other payment solution as DOTCOMCANVAS may determine from time to time. It shall be the responsibility of the Artist to set up and assign an account that may be used to settle payments under this Agreement.
The Seller shall at all times be liable for all taxes and duties related to the remuneration paid by DOTCOMCANVAS. The remuneration paid by DOTCOMCANVAS shall be deemed to include all taxes and duties, and DOTCOMCANVAS shall under no circumstances be obliged to pay any additional taxes or duties to the Seller or any third party.
6. Intellectual Property Rights and Warranties
You warrant that you own the necessary rights to the Art you upload to DOTCOMCANVAS, either because you created it yourself or because all contributors have granted you permission to use the Art on DOTCOMCANVAS in accordance with these Terms.
This means that you guarantee that the art does not contain any intellectual property, such as images, logos, or other material that you do not have permission to use.
You warrant that you have ensured that the persons who can be identified through the Art (e.g. in an image or by their name) are informed of the use of the material and that they have consented to participate in the Artwork and that DOTCOMCANVAS
7thdata protection and privacy
DOTCOMCANVAS cares about your privacy and the protection of the personal data we process and ensures that all personal data is processed in accordance with the applicable data protection regulations. You can find our privacy policy here.
8. Limitation of Liability
DOTCOMCANVAS is not liable for any damages arising directly or indirectly from the use of the website and its contents.
DOTCOMCANVAS will only reimburse the direct costs incurred in using the website as a direct result of DOTCOMCANVAS's negligence. In no event will DOTCOMCANVAS be liable 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 Site. The operation of the Site may be affected by a number of factors beyond DOTCOMCANVAS's control, and DOTCOMCANVAS makes no warranty regarding the operation or availability of the Site.
10. Compensation for damages
You as a user agree to indemnify DOTCOMCANVAS in the event that a third party makes a claim for damages due to the content you publish on the website or due to any other violation of these terms and conditions or of applicable law or the rights of third parties.
11. Transfer of the contract
By accepting the Terms, you agree that the contract you have entered into with DOTCOMCANVAS may be assigned to another company owned in whole or in part, directly or indirectly, by DOTCOMCANVAS or to a third party in connection with a business or commercial transfer involving the Site.
12th Separation Clause
If any provision of these Terms is found to be invalid or unenforceable, such provision shall be modified or altered to the extent necessary to eliminate the invalidity or unenforceability so that the Terms may otherwise be maintained and enforced.
13. Applicable law and dispute participation
This contract and all related matters between DOTCOMCANVAS and the Seller/Artist are governed by the substantive laws of Germany. All disputes arising out of or in connection with this contract will be decided by the courts of general jurisdiction in Germany, with the District Court of Chemnitz being the first instance.