This is a convenience translation only. The German version prevails.

A. Information concerning long-distance transactions and contracts in e-commerce

1. Description of Services

At the Pixel Talents-Websites (www.pixeltalents.com, www.pixeltalents.de, etc.) creative individuals may register as "Talents" and make bid proposals to accomplish digital individual artwork, graphic design and image editing. Visitors to the website can search these proposals and obtain customization by the Artists of their own uploaded pictures. If no acceptable proposals are found, a bid invitation can be created. Upon completion, the result image can be obtained digitally on the Pixel Talents-Website or a finished print may be ordered from Pixel Talents. The prints (such as posters, canvas prints, flyers, and so on) are printed and delivered by Pixel Talents' print partners.

2. Contract Partners

2.1 The binding contract governing the graphic editing of images through one of Pixel Talents GmbH ("Pixel Talents") websites ("Pixel Talents-Website(s)") is solely between the respective Customer and the Artist ("Artist"). Pixel Talents is not itself a vendor and assumes solely the processing with regard to the contract with the respective Artist. Pixel Talents is specifically not liable for pending claims by the customer in the event of insolvency on the part of the Artist.

2.2 Should the Customer order finished prints from Pixel Talents through the Pixel Talents-Websites, a contract relationship will exist between the Customer and Pixel Talents.

2.3 By registering on the Pixel Talents Websites, a contract for use is established between the registering Customers, Artists and Pixel Talents respectively. This contract derives from the General Terms and Conditions for the use of Pixel Talents.

3. Accomplishment of the Contract in e-Commerce

3.1 The Customer offers approval for the conclusion of a contract with the Artist (concerning the editing of photos or the design of visual content, that is, the order for work) respectively with Pixel Talents (concerning production of finished prints) by clicking on the appropriate "Order" Button. The effective charge for a bid will establish that the Customer has filled in all of the required fields (marked by "*"), and has accepted the terms of this Agreement as well as the privacy policy.

3.2 The respective contracts with the Artist or Pixel Talents are reached by adoption of an order through a confirmation e-mail, but deferred by payment of the total price for the purchase into the escrow account specified by Pixel Talents.

3.3 The contract between the Customer and Pixel Talents for use of the Pixel Talents-Websites to order work by an Artist is established by completion of the registration process, with acknowledgment of the General Terms and Conditions for the use of Pixel Talents by the Customer.

3.4 The Customer or the Artist has the option to retrieve agreed-upon provisions between the Customer and the Artist and Pixel Talents regarding the general terms and to store them in a reproducible form, for instance hard copy. The contract text will not be stored by Pixel Talents after the end of the contract period.

4. Information Concerning Right of Rescission

General Terms and Conditions for Use of Pixel Talents by Customers

In the following you will find the General Terms and Conditions for the services of Pixel Talents by for orders of work and prints by Customers. Through your order you accept - in addition to the General Terms and Conditions for use of Pixel Talents when registering as a User ("General Agreement") - the following General Terms and Conditions for Use of the website of Pixel Talents (hereinafter referred to as "Agreement"). Please note our extensive measures for protection of privacy - we place great importance on the protection of personal data.

Preamble

Pixel Talents is an Internet marketplace for graphic imaging and similar products, where creative individuals can come together. Customers can have their photos edited or visually enhanced by Artists, which they can retrieve digitally after completion and/or order prints as posters, on canvas, as flyers or other media directly through Pixel Talents. The order for finished prints can also follow the order for the work in a timely fashion. The finished prints are printed and delivered by printing partners of Pixel Talents. The term "Work" is used to designate the result of graphic preparation in the form of a digital image, printing of the image as a poster, on canvas or in other media.

This Agreement regulates the understanding between the Customer and Pixel Talents, independent of which of the Pixel Talents-Websites is used by the Customer. Offers to the Pixel Talents Websites is limited to persons of legal age. By use of the Pixel Talents-Website to order a work or a finished print, you ("Customer") accept the following "General Terms and Conditions for the Use of Pixel Talents by Customers" ("Agreement").

1. Contract Parties

1.1 The order of work through a Pixel Talents-Website establishes a contract between the respective Customer and Artist. Pixel Talents itself is not the supplier of the respective graphic editing and makes the development of the order through the Pixel Talents-Websites possible. A contract for the work therefore exists only between the Artist and the Customer. The agreement concerning delivery of the "Finished Print" is concluded directly with Pixel Talents.

1.2 Customers and Artists are solely responsible for the development and implementation of their contractual relationship; i.e., Pixel Talents incurs no responsibility therefore. This applies in particular to all disputes arising from poor performance, delay and other damages for breach of contract and any claims resulting therefrom. The mutual obligations between Customer and Artist arising from their agreement concerning the work generally depend upon the relevant provisions of the Civil Code (BGB).

2. Subject and Term of Contract

2.1 Information concerning the graphic editing ("Work") and the duration of the work shall depend on the samples that the respect Artist retains in his portfolio at the time of the placement of the order for the graphic work on the Pixel Talents-Website or upon participation in an invitation to bid. Pixel Talents has no influence on this information; the accuracy of the information is the responsibility of the Artist.

2.2 The Customer makes his offer for the conclusion of a contract with the Artist for the work with Pixel Talents (concerning finished prints), in which he clicks on the specific order button "Order." The effective confirmation of an offer by the Customer establishes that the Customer has completed all required fields (marked "*") and has accepted this Agreement as well as the privacy policy.

2.3 A contract is concluded with the adoption of the order through a confirmation e-mail, and is dependent upon the deposit of the total price for the order into the specific Pixel Talents escrow account. The Customer agrees to stipulate with the Artists through the Pixel Talents-Websites that the contract is effective only upon payment by the Customer of the full amount into the Pixel Talents escrow account. The Customer agrees not to enter into any agreements to the contrary with the Artist.

2.4 For contracts between Pixel Talents and the Customer concerning finished prints: in the event finished prints are ordered before the ordered work (to be created by the Artist) is completed, the contract for the finished prints will be deferred. The applicability of the contract concerning the finished prints depends upon previous completion of the work.

3. Total Price and Payment Methods

3.1 The total purchase price comprises the price quoted by the Artist for the work, the printing costs for the chosen medium, additional costs for express editing or delivery and the shipping costs (printing and postage only insofar as finished prints have been ordered). The customer prices displayed on the Pixel Talents-Websites always includes sales tax.

3.2 The total price will be deposited into the specific Pixel Talents escrow account promptly upon receipt of a confirmation e-mail of the acceptance of the order by the Artist. The contractual relationship between Customer and Artist is deemed effective at the time of such escrow deposit.

3.3 If there are insufficient funds for payment by direct debit, the Customer agrees to replace the existing costs - at least processing costs in excess of 10 €. The Customer may still substantiate whether Pixel Talents has incurred a lesser or even no cost.

4. Delivery, Acceptance and Claims Concerning the Work

4.1 Pixel Talents will inform the Artist immediately upon deposit of the escrowed funds of the payment, and the establishment of the contract with the Customer, and the Artist may commence the editing. The Artist shall place the result on the Pixel Talents Website in the Customer's secured personal area for review, and shall notify him and Pixel Talents through the Pixel Talents Website.
The Customer has 3 days from the date of notification of completion of the work within which to accept the work. After this period, the work will automatically be considered accepted. The Customer may not refuse acceptance due to nonessential defects. Refusal of acceptance by the Customer will be reviewed by Pixel Talents, to determine whether the quality of the work is inadequate and make a mediating recommendation as to how the parties shall proceed.
Should the Customer require revisions, it is understood that appropriate communications will be conducted and the appropriate revisions made prior to final completion. Any further claims or warranties made between Artist and Customer are considered to be made outside the Pixel Talents Websites and without the participation of Pixel Talents.

4.2 Upon acceptance, and in accordance with the purchase order, the work is delivered as a finished print and/or, if agreed upon with the Artist, released for download, and the Customer is notified accordingly.

4.3 Pixel Talents agrees to pay the Artist the compensation paid by the Customer only if the Customer has accepted the work or the acceptance period has lapsed.

4.4 Should the Customer refuse acceptance, the remuneration is refunded within 14 days after the conclusion of the acceptance period.

5. Delivery, Acceptance and Claims Concerning the Finished Print

5.1 Upon purchase of a finished print, the print shall be delivered to the delivery address provided by the Customer unless otherwise agreed.

5.2 In the event of delivery delays concerning the finished print that are not under the control of Pixel Talents (particularly due to force majeure or if the supplier does not meet its contractual obligations), and for which Pixel Talents is not culpable, Pixel Talents is entitled to withdraw from the contract without incurring damages unless the delivery delay is not temporary. During the delay period, Pixel Talents shall not be determined to be in default. In the event of such withdrawal, the previously paid purchase price shall be refunded.

5.3 In the event delivery of the finished print to the Customer is not possible due to the Customer's failure to to be available at the delivery address provided by him, despite appropriate notification to the Customer of the estimated time of delivery the Customer will bear the cost of the attempted delivery.

5.4 A Customer who has signed a contract in his capacity as a consumer is required to check the delivered finished print for any obvious defects, transport-related damages or transport-related losses, that a non-expert, average customer would observe. If any such defects are detected, he shall notify Pixel Talents in writing within three weeks. If the Customer fails to notify Pixel Talents accordingly, the work will be assumed to approved without defects.

5.5 A customer who has entered into a contract in his capacity as an entrepreneur is required to examine the delivered finished print, if feasible in the ordinary course of business, for any obvious defects, transport-related damages or transport-related losses. He shall promptly notify Pixel Talents in writing of any noticeable defects. If the Customer fails to notify Pixel Talents accordingly, the work will be assumed to approved without defects.

5.6 If the Customer files a timely and verifiable claim for defects regarding the finished print, Pixel Talents has the right of twice subsequent performance (if possible) before the Customer may assert further warranty rights. The warranty period runs 24 months from the date the statutory period of limitation began; if the Customer is an entrepreneur under the definition of § 14 BGB, the warranty period commences 12 months from the onset of the statutory period of limitation. By way of derogation, the same applies to claims for damages resulting from poor performance in the presence of intent or gross negligence, breach of essential contractual obligations, and injuries to life, body, or health.

5.7 Pixel Talents is entitled to provide partial deliveries.

6. Liability and Warranty

6.1 Pixel Talents is liable without restriction for any damages arising from injury to life, body or health, which are the result of any breach of duty by Pixel Talents, its legal representatives or agents.

6.2 Pixel Talents is liable without restriction for any damages arising from any willful or gross acts of negligence by Pixel Talents, its legal representatives or agents, as well as any damages arising out of any errors in quality guaranteed by Pixel Talents.

6.3 Pixel Talent is liable for minor breach of fundamental contractual obligations, limited to typical foreseeable damages except in cases under paragraphs 7.1 and 7.4. Fundamental contractual obligations are those abstract obligations, fulfillment of which are made possible by the orderly implementation of the contract, and on compliance with which both parties may rely.

6.4 Liability under the product liability law remains unaffected.

6.5 Any further liability for damages in excluded, particularly strict liability. Pixel Talents and its agents are not liable for interference of any kind caused by circumstances beyond their control. In particular this shall apply to failure or malfunction of telecommunication lines or power supplies.

6.6 The maximum period allowable for claims against Pixel Talents is one year, except under Paragraphs 6.1., 6.2. and 6.4. and/or the Customer is a consumer in accordance with § 13 BGB (German Civil Code).

7. Refund of Purchase Price

7.1 If the Artist does not produce a graphic edit, Pixel Talents will refund to the Customer the previously paid total purchase price within 14 days following the agreed-upon delivery date.

8. Final Provisions

8.1 Unless otherwise agreed herein, the Customer may provide all communications with Pixel Talents via e-mail through any of the accessible contact forms on the Pixel Talent-Websites or through facsimile or mail to Pixel Talents. Pixel Talents may communicate with the Customer via the e-mail address provided by the Customer in his user account.

8.2 This Agreement applies only to orders made over the Pixel Talents-Websites between Pixel Talents and the Customer. The inclusion of the Agreement of the Customer is expressly excluded.

8.3 In the event individual provisions of this Agreement or the individual contract are void, the validity of the remainder of the provisions shall remain unaffected. The parties will replace any ineffective provision of the individual contract with a valid provision which is as close as possible to the intent of the original ineffective provision.

8.4 Amendments to or revocations of this agreement between Customer and Pixel Talents must be in writing. Pixel Talents nevertheless reserves the right to alter this Agreement at any time without designation of reasons (and without being bound to the written form), unless this is not reasonable for the Customer. Pixel Talents will inform the Customer of changes of the Agreement in a timely fashion. If neither party challenges the validity of the new Agreement within two weeks after the notification, the changed Agreement will be assumed to be accepted by the Customer. Pixel Talents will inform the Customer within said notification of the Customer's right of opposition and the significance thereof, particularly of the consequences of any failure to respond. Should the Customer challenge the proposed alterations, Pixel Talents has the right to cancel the contract.

8.5 Jurisdiction and place of performance with regard to disputes over the contract between the parties are - insofar as supported by law - Munich.

8.6 In the event of any conflict between the Agreement and the "General Agreement", this Agreement shall take precedence.

8.7 German law applies to contracts between the parties with regard to performance. Application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is barred.