In the following you will find the General Terms and Conditions for the services of Pixel Talents GmbH ("Pixel Talents"). Please note our extensive measures for protection of privacy - we place great importance on the protection of personal data.
By registering as a user of Pixel Talents (hereinafter referred to as "User"), you accept the following General Terms and Conditions for Use of the website of Pixel Talents (hereinafter referred to as "Agreement"). Pixel Talents operates under various top level domains (pixeltalents.com, pixeltalents.de etc.) as well as under various subdomains and aliases of those domains. All of these websites under which services of Pixel Talents are provided, will be referred to in the aggregate as the "Pixel Talents-Websites". This Agreement governs the contractual relationship between the User and Pixel Talents, regardless of with which of the Pixel Talents-Websites the User has chosen to register or to log in. This offer is restricted to adults.
1.1 Pixel Talents is an Internet marketplace that puts creative artists together with graphic products and services. Users can have their photos imaged or enhanced by visual editing by digital artists ("Graphic Artists"), then printed directly on posters, canvas or other media. Users can also offer their own services as Graphic Artists. Pixel Talents reserves the right to charge a fee for certain services. The User accepts the respective monetary obligation by clicking on the confirmation box provided.
1.2 The data and/or information provided by the User may be used by other Users of Pixel Talents-Websites only to the extent that this data and/or information is not used contrary to law or to the Agreement. Pixel Talents is entitled to remove unlawful content from the Pixel Talents-Websites without prior notice.
1.3 The User acknowledges that it is technically impossible for the Pixel Talents-Websites to achieve 100% availability. However, Pixel Talents endeavors to keep the Pixel Talents-Websites available as constantly as possible. Unexpected maintenance, security or capacity issues (such as disruption of public communication networks, power outages, etc.), may result in short-term disruptions or temporary loss of services to the Pixel Talents-Websites.
1.4 With the Pixel Talent-Websites, Pixel Talents offers the User a platform to come together with other Users. Pixel Talents is prepared to offer technical applications that enable general contact between Users. Pixel Talents generally does not involve itself with communication between Users. Pixel Talents is not involved in, nor is it a partner to, any contracts made between Users on the Pixel Talents-Websites, The Users are solely responsible for the management and compliance with the terms of their respective contracts. Pixel Talents is not liable if no contact is achieved in connection with such an agreement between Users on the Pixel Talents-Websites. Furthermore, Pixel Talents is not liable for user damages in the event of any breach of contract.
2. Registration and Assurances
2.1 The User affirms that all information provided at registration is true.
2.2 The User affirms that he or she is of legal age at the time of registration.
2.3 At logon, the User will choose a password, and is obligated to keep that password secret. Pixel Talents will not release the password to third parties, and at no time (other than logging on) will the User be asked to disclose the password.
2.4 Each User may only register once, and may create only one User profile.
2.5 Pixel Talents cannot technically determine with any certainty if the individual logging on is truly that authorized User. Pixel Talents makes no guarantees as to the actual identities of individual Users. Therefore, each User must verify the identities of other Users himself.
3. User Obligations
3.1 The User agrees to use the Pixel Talents-Websites solely for the purpose of the ordering of work, i.e., to use the services offered on the Pixel Talents-Websites for the agreed-upon services and not for non-platform purposes (e.g. sale items, etc.), unless Pixel Talents has previously approved such use in writing.
3.2 The User is required:
3.2.1 To provide only true and not misleading information in his profile and his communication with other Users.
3.2.2 To use the content and services on the Pixel Talents-Websites in accordance with all applicable law and third-party rights. The User is particularly prohibited from using offensive or defamatory content, whether this content concerns other Users, Pixel Talents employees, or other people or companies; using content which is pornographic or violates laws intended for the protection of youth; using content to promote pornographic products or those violating said youth protection laws; offering or distributing unacceptable information to harass other Users (in particular through SPAM) (see §7 UWG: German law against unfair competition), or content use protected by law (e.g. by the copyright, trademark, patent, registered design or utility model law) without entitlement; promoting proprietary goods or services; or providing, distributing and making anti-competitive acts or promotions, including progressive marketing (such as tracked, snowball or pyramid systems).
3.2.3 To refrain from the following annoying actions, even if they violate no specific laws: sending chain letters; implementation, application and promotion of structural distribution measures (such as multi level marketing or multi level network marketing), or offensive or sexually flavored communication (explicitly or implicitly).
3.3 The following actions are prohibited: (i) using mechanisms, software or scripts in connection with use Pixel Talents-Websites. The user may, however, use the interfaces or software, provided to him by Pixel Talents within the framework of the Pixel Talents-Websites, block, overwrite, modify, and copy if this does not preclude the proper use of those services. Copying by means of "Robot/Crawler" search engine technologies as are not required for the proper use of these services is strictly prohibited. (ii) distribution and public playback of content of Pixel Talents-Websites or other Users. (iii) any act which can affect the functionality the Pixel Talents infrastructure excessively and unnecessarily.
3.4 The User grants Pixel Talents a temporally and spatially non-exclusive usage right to make any content or information uploaded by the User available for unlimited availability and reproduction. Pixel Talents has the right to make content user-friendly. This includes transferring to other data formats. Furthermore, Pixel Talents is granted the right to edit content in its optical appearance in terms of set, layout, scaling, etc., and to place it in reasonable proximit to any advertisements on the platform. With regard to all preceding content, the customer renounces the exercise, within the framework permissible by law, of any copyright, particularly in regard to impairments by changes of the contents by the offerer or third persons or by the representation of the contents on the platform in direct proximity to the advertisement.
4. Alterations to Services on the Pixel Talents-Websites
Pixel Talents reserves the right to modify services offered on the Pixel Talents-Websites or offer different services, with the exception of any services which are not reasonable for the User.
5. Termination of Contract
5.1 The User may cancel the contract any time without the necessity of specifying a reason and terminate his use of the Pixel Talents-Websites. The cancellation may be done on any of the contact pages for the Pixel Talents-Websites. The registration e-mail address must be provided with the notice of cancellation.
5.2 Pixel Talents may also terminate the contract at any time without cause. If, at the time of termination of the contract by Pixel Talents, the User is still involved in a contract for purchase or as a graphic artist, or the contract is incomplete, all rights and obligations under the contract will apply in those cases until after the completion of the work.
5.3 The right of either party to cancel the contract for important grounds remains unaffected. One important reason for Pixel Talents lies in particular, although not exclusively, if the continuation of Pixel Talents' contractual relationship, taking into account all of the circumstances of the case and the interests of Pixel Talents and the User, is not reasonable. These grounds involve in particular the following events: (i) Noncompliance with legal regulations by the User; (ii) The User's violation of its contractual obligations, particularly under Paragraphs 2 and 3 of this Agreement; (iii) The reputation of the Pixel Talents-Websites for offering services is substantially impaired by the presence of the user (e.g. if turns out after registration of the user that the user has been legitimately convicted of a criminal offence and this offence is known to other uses); (iv) The user advertises unions or communities - or their methods or activities - which are observed by security or child protection authorities; or (v) The user damages one or several other Users.
5.4 By presenting an important reason in accordance with Paragraph 5.3, Pixel Talents can also unilaterally impose the following sanctions against the user: deletion of the User's content, issuance of a warning, or removal of access to the services of the Pixel Talents-Websites.
6. Responsibility for User-provided Content, Data or Information
6.1 Pixel Talents takes no responsibility for content, data and/or information provided by Users of the Pixel Talents-Websites or for content to linked external websites. Pixel Talents particularly does not warrant that such content is legitimate or that it fulfills or serves any specific purpose.
6.2 If the User observes any use of the Pixel Talents-Websites that is illicit or contrary to the terms of this agreement, he can use any page of the contact form for any of the Pixel Talents-Websites to notify the proper authority.
7. Liability of Pixel Talents
Claims for compensation - regardless of legal basis - against Pixel Talents (including vicarious liability) due to negligence may stand only if an essential contract obligation / cardinal obligation has been violated. In this case claims for compensation are limited to typical foreseeable damage. Personal injury and property damage claims based on product liability law remain unaffected.
8.1 The User releases Pixel Talents from all claims, including claims for compensation, asserted by other Users or by other third persons against Pixel Talents because of a violation of their rights by the User on the Pixel Talents-Websites. Pixel Talents further releases the User from all claims, including claims for compensation, asserted by other Users or other third persons against Pixel Talents because of a violation of their rights by the User's use of the Pixel Talents-Websites services. The User will assume all appropriate expenses in the event of damages to a third party, including the appropriate legal defense expenses. All further rights, as well as claims for compensation, of Pixel Talents remain unaffected. The preceding obligations of the User do not apply as long as the User does not have to appear with respect to the instant violation.
8.2 If any third parties are damaged by the User's content, at the discretion of Pixel Talents, the User shall rectify the content or provide copyright rights to the content at his own expense. If the User damages any third parties through usage of the services of the Pixel Talents-Websites, the User will immediately rectify the violative or illegal usage in accordance with his agreement with Pixel Talents.
9. Final Provisions
9.1 Amendments to this agreement must be in writing. Pixel Talents' legal rights to modifications as referred to in these terms and conditions remain unaffected.
9.2 Pixel Talents reserves the right to modify these terms and conditions at any time without giving reasons for change, except where this is not reasonable for the User. Pixel Talents will notify the User of any changes to the terms and conditions in a timely fashion. If the User does not oppose the application of new terms and conditions within a period of two (2) weeks after notification, the modified terms and conditions will be considered accepted by the User. Pixel Talents will include in the notification the User's right to object and the importance of the opposition period.
9.3 Unless otherwise agreed herein, the User can provide all notifications to Pixel Talents via e-mail, through the respective contact pages in any of the Pixel Talents-Websites, or by standard mail to Pixel Talents. Pixel Talents may provide the User with any notifications via e-mail, to the actual e-mail address which the User provided in his user account.
9.4 Should any individual provisions of this Agreement become unenforceable, the remaining provisions shall remain effective. The parties hereto agree to replace any ineffective provisions with a equivalent and enforceable provision as close to the meaning and purpose of the prior provision. This will apply equally to any contractual loopholes which may develop.
9.5 Place of performance is the location of Pixel Talents.
9.6 Jurisdiction is likewise set in the venue where Pixel Talents lies.
9.7 German law applies under the exclusions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).