General terms and conditions for photographers and artists working with DOTCOMCANVAS work.
Please read the following terms carefully before using this website at www.dotcomcanvas.de and www.dotcomcanvas.com and related pages (collectively, the "Site").
The website is owned by Tim Schmidt, Palmstraße 17, 09130 Chemnitz ("DOTCOMCANVAS"). By using the website you acknowledge and accept these terms.
When in the following we speak of seller, we mean the artist who sells his works on the marketplace / website DOTCOMCANVAS.
2. the service
DOTCOMCANVAS offers a gallery of high quality art for a fair price where select and talented photographers and artists ("You") can upload art to DOTCOMCANVAS. Individuals and/or businesses/organizations can then purchase high quality, large format framed prints through the website in the form of canvas paintings, acrylic paintings and gold leaf / silver leaf paintings.
3. the registration
Registration on the website is Free. When you complete a registration, you must provide DOTCOMCANVAS with current, truthful and complete information as requested on 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 otherwise capable of entering into this Agreement.
4. the rules of conduct
You may only use the Site for lawful purposes. You may not defame any person appearing 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 slander, abuse, harass, threaten or otherwise violate the rights of other persons, including DOTCOMCANVAS.
- ii) post or publish any inappropriate, defamatory, obscene, pornographic, racist, indecent or otherwise unlawful content, materials or information,
iii) contribute to destructive activities such as the spreading 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 obtained the necessary consent for your publication,
- (v) falsify or delete information, such as information about the author or proprietary designations or marks of origin or other similar information, contained in the art; and
- vi) download any content available through the Site 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 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, 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 media or marketing channel, and to transfer those rights to potential business partners. Once you wish to remove the art from DOTCOMCANVAS, simply contact us at. firstname.lastname@example.org. There are the following two exceptions:
- DOTCOMCANVAS has the right to execute orders from the customer before the cancellation has taken place, and
- DOTCOMCANVAS reserves the right to freely use marketing materials that contain deleted art (however, DOTCOMCANVAS will always endeavor to use 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 the use of the art by DOTCOMCANVAS.
DOTCOMCANVAS reserves the right, in its sole discretion, to refuse to upload art or to delete 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 captured using 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 named as the seller, photographer, artist or copyright holder. However, DOTCOMCANVAS will always endeavor to credit the creator of the art and the name of the work.
Art that contains identifiable individuals and/or may otherwise infringe on property and other protected design elements must be accompanied by a signed document indicating consent from the individual(s) or rightful owner.
The artists are entitled to a remuneration in the amount of 8% of the sales price (excluding VAT).
For Sellers who are tax registered and have a tax identification number (IdNr.), as well as a business identification number (W-IdNr.), DOTCOMCANVAS offers self-billing, and the Seller hereby agrees, and DOTCOMCANVAS shall accordingly prepare and issue such invoice on behalf of the Buyer and then settle the same. To enable such self-billing, Seller hereby agrees and acknowledges that:
- DOTCOMCANVAS may issue invoices on behalf of the artist,
- The artist will not invoice for print/mail sold (as DOTCOMCANVAS will invoice on behalf of the artist), and
- The artist will inform DOTCOMCANVAS as soon as he/she 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. Should the Artist become aware of an error or inaccuracy in an invoice, the Artist agrees to notify DOTCOMCANVAS in writing within 10 days of receipt of the invoice. In the absence of such notification, the invoice shall be deemed accepted by the Artist.
Remuneration 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 revocation period has expired.
Payment of compensation to the Artist shall be made exclusively through PayPal or such other payment solution as DOTCOMCANVAS may determine from time to time. It is the Artist's responsibility to establish and allocate an account that may be used for the settlement of payments under this Agreement.
Seller shall at all times be liable for all taxes and duties in connection with the consideration paid by DOTCOMCANVAS. The remuneration paid by DOTCOMCANVAS shall be deemed to be inclusive of all taxes and duties, and DOTCOMCANVAS shall in no event be obligated to pay any additional taxes or duties to Seller or any third party.
6. intellectual property rights and guarantees
You warrant that you own the necessary rights to the art you upload to DOTCOMCANVAS, either because you created it or because all contributors have given you permission to use the art on DOTCOMCANVAS in accordance with these terms.
This means that you warrant 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 individuals who may be identified by the art (for example, in an image or by their name) are aware of the use of the material and that they have consented to participate in the artwork, and that DOTCOMCANVAS may also use the Wall Art for marketing purposes.
7. data protection and privacy
8. limitation of liability
DOTCOMCANVAS shall not be liable for any damages arising directly or indirectly from the use of the website and its contents.
DOTCOMCANVAS will only reimburse direct costs incurred in the use of the website as a direct result of DOTCOMCANVAS's negligence. In no event shall 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 Website. Operation of the Website may be affected by a number of factors beyond DOTCOMCANVAS's control, and DOTCOMCANVAS makes no warranty as to the operation or availability of the Website.
10. compensation for damage
You, the user, agree to indemnify and hold DOTCOMCANVAS harmless from any claim by a third party due to Content you post on the Site or otherwise violate these Terms or any applicable law or the rights of a third party.
11. transfer of the contract
By accepting the Terms, you agree that the contract you entered into with DOTCOMCANVAS may be assigned to another entity owned in whole or in part, directly or indirectly, by DOTCOMCANVAS, or to a third party in connection with a business or trade transfer that includes the Site.
12. separation clause
If any provision of these Terms is found to be invalid or unenforceable, such provision shall be modified or amended to the extent necessary to eliminate the invalidity or unenforceability so that the Terms may otherwise be maintained and enforced.
13. applicable law and participation in disputes
This Agreement and all related matters between DOTCOMCANVAS and the Seller / Artist shall be governed by the substantive laws of Germany. All disputes arising out of or in connection with this contract shall be decided by the courts of general jurisdiction in Germany, the District Court of Chemnitz being the first instance.