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
The website is the property of Tim Schmidt, Palmstraße 17, 09130 Chemnitz ("DOTCOMCANVAS"). By using the website, you acknowledge and accept these terms and conditions.
When the term seller is used below, this refers to the artist who sells his works on the DOTCOMCANVAS marketplace/website.
2. The service
DOTCOMCANVAS offers a gallery of high-quality art for a fair price where selected 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 in the form of canvas pictures, acrylic glass pictures and gold/silver leaf pictures via the website.
3. The registration
Registering on the website is free. When completing an 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 warrant that you are at least 18 years of age and are otherwise able to enter into this agreement.
4. The rules of conduct
You may only use the website for lawful purposes. You may not defame anyone 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 any other person, including DOTCOMCANVAS.
- ii) publish or post any inappropriate, defamatory, obscene, pornographic, racist, indecent or otherwise unlawful content, materials or information,
iii) contribute to destructive activities such as spreading viruses, spam or other activities that may harm DOTCOMCANVAS or the website in any way,
- iv) Post or otherwise make available any images, murals or other material protected by intellectual property laws unless you own, control or have the necessary rights thereto Received consent for your publication,
- v) falsify or delete information, such as: b Information about the author or protected designations or designations 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 does not 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 does not violate any applicable laws or regulations. You are personally responsible for your gallery/products.
5. License, Compensation and Rights
By uploading and saving 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 using it make it available to the public and influencers regardless of the media and marketing channel and transfer these rights to potential business partners. As soon as you want to remove the art from DOTCOMCANVAS, simply contact artist@dotcomcanvas.de. There are the following 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 material containing deleted art (however, DOTCOMCANVAS will always endeavor to use the art available on the site in its marketing).
In addition to the compensation you may receive from the sale of your Art to a customer (see below), you waive all claims for compensation from DOTCOMCANVAS for DOTCOMCANVAS's use of the Art.
DOTCOMCANVAS reserves the right, in its sole discretion, to refuse to upload any Art or to delete any uploaded Art from the Site at any time and without notice.
To ensure that the uploaded art is suitable for large format printing, each uploaded artwork must be printed 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 are waiving your right to be credited as a seller, photographer, artist or copyright holder. However, DOTCOMCANVAS will always endeavor to credit the author of the art and the name of the work.
Art that contains identifiable persons and/or may otherwise infringe upon property and other protected design elements must be accompanied by a signed document indicating consent from the person(s) or legal owner.
The artists are entitled to a remuneration of 8% of the sales price (excluding VAT.)
For sellers who are registered for tax purposes and have 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 and DOTCOMCANVAS will accordingly prepare and issue such invoice on behalf of the Artist and then settle the same. In order to enable such self-invoicing, the Seller hereby agrees and acknowledges that:
- DOTCOMCANVAS can issue an invoice on behalf of the artist,
- The artist will not issue invoices for print/mail sold (as 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 self-invoicing. The artist is always responsible for the invoices and their accuracy. Should Artist become aware of an error or inaccuracy in an invoice, Artist agrees to notify DOTCOMCANVAS in writing within 10 days of receipt of the invoice. If such notification is not received, the invoice is deemed to have been accepted by the artist.
The compensation to the artist 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 compensation to the Artist will be made exclusively via PayPal or any other payment solution determined by DOTCOMCANVAS from time to time. It is the Artist's responsibility to establish and assign an account that may be used to make payments under this Agreement.
The seller is at all times liable for all taxes and duties related to the remuneration paid by DOTCOMCANVAS. The consideration paid by DOTCOMCANVAS shall be deemed to be inclusive of all taxes and duties and in no event shall DOTCOMCANVAS be liable to pay any additional taxes or duties to the Seller or any third party.
6. Intellectual Property Rights and Warranties
You warrant 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 upload the Art to DOTCOMCANVAS in accordance with these Terms to use.
This means that you guarantee that the art does not contain any intellectual property, such as: b 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. b on an image or by their name) are informed about the use of the material and that they have agreed to participate in the artwork and that DOTCOMCANVAS may also 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 and ensures that all personal data is processed in accordance with applicable data protection regulations. You can find our data protection declaration 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 when using the website as a direct result of DOTCOMCANVAS' negligence. DOTCOMCANVAS is under no circumstances 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 website. The operation of the website may be affected by a number of factors beyond DOTCOMCANVAS's control and DOTCOMCANVAS does not guarantee the operation or availability of the website.
10. Compensation for damage
You as a user agree to indemnify DOTCOMCANVAS in the event that a third party claims damages based on 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 Conditions, you agree that the contract you have entered into with DOTCOMCANVAS is transferred to another company owned in whole or in part, directly or indirectly, by DOTCOMCANVAS, or to any third party in connection with any business or commercial transfer involving the Website.
12. Separation clause
If any provision of these Terms is found to be invalid or unenforceable, such provision shall be modified or modified 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 subject to the substantive law of Germany. All disputes arising from or in connection with this contract will be decided by the courts of general jurisdiction in Germany, with the Chemnitz District Court being the first instance.