GTC - Authors
GENERAL TERMS AND CONDITIONS
AND LICENCE TERMS AND CONDITIONS
(hereinafter referred to as “GTC“)
of the company
Venus DE s. r. o., with its registered seat at: Soblahov 48, 913 38 Soblahov, Identification no.: 47584769, registered with the Commercial Register of District Court Trenčín, Section: Sro, File no.: 29704/R (hereinafter referred to as the „Operator“) selling goods through an online store at www.epixo.com.
At the same time Operator manages and operates the artwork database created based on the author's artwork for their further use in compliance with these GTC.
These GTC´s form an integral part of the agreement concluded between the parties.
License terms and conditions form a part of these GTC´s, on the basis of these terms, the operator acquires a license for further use of the artworks as well as the subjects of the Copyright from each of the authors.
DEFINITIONS AND INTERPRETATION TERMS
- Artwork for the purpose of these GTC´s means any image, illustration, painting or photo uploaded to the database of artworks of the operator by the author, i.e. the result of the creative intellectual activity.
- Author for the purpose of these GTC´s means any natural person, which has contributed or is contributing to the artwork database by storing one and/or more artworks for their further use in compliance with these GTC´s.
- Artwork Database for the purpose of these GTC´s means a summary of all artworks uploaded by the authors and by the operator, from which the artwork can be selected to create the subject of the order.
- Safe Payment for the purpose of these GTC´s means a payment made through an online payment system „PayPal“.
- Civil Code means act no. 40/1964 Coll. the Civil Code, as amended.
- Copyright Act means act no. 185/2015 Coll. the Copyright act, as amended.
- Income Tax Act means act no. 595/2003 Coll. on Income tax, as amended.
- Personal Data Protection Act means act no. 18/2018 Coll. on Personal data protection, as amended.
- GDPR means regulation (EU) 2016/679 of the European Parliament and of the Council and other relevant regulation
REGISTRATION AND ARTWORKS OF THE AUTHOR
- Any author shall have the right to upload the artwork in to the artwork database in order of further use of the artwork in compliance with these GTC´s.
- Procedure for registration and storage of the artworks in the artworks database
2.1. Registration: If the author is interested in contributing even one artwork to the artwork database for the purpose specified in these GTC´s, he shall register as an author on the website www.epixo.com. Within the registration, the author shall agree with these GTC ´s by marking the relevant box; the author has the opportunity in advance to become acquainted with these GTC´s. The condition for completing the registration is the existence of a PayPal account, held in the name of the author, enabling secure payment. The method of completing the registration is specified in section 2.2 of these GTC´s.
2.2. Confirmation: In the event that it is not clear from the account designation provided during registration, whether the author is the owner of the account, the operations is entitled not to create a user account. The operator informs the author of the before mentioned via the e-mail provided by the author during registration. In the event of a successful verification of the author´s account, completion of all mandatory registrations and agreement with the operator´s standard terms and conditions, the registration will be confirmed.
2.3. User account: Based on the successful registration and following confirmation, a author´s user account is created, to which the author will be able to log via username and password (hereinafter referred to as the „user´s credentials“); within the user account after logging in via the user´s credentials, the author can change some of the entered information’s and also save and manage artworks. The operator informs the author about the creation of a user account via the e-mail provided during the registration. The author´s account keeps all the artworks which the author has contributed as well as all data on the number of uses of individual author´s artwork. Within the account, the operator delivers information on the number of uses of individual artwork and information on the change of these GTC´s as well as on other facts.
2.4. Save of the Artwork: After creating a user account, the author is entitled to save artwork in his account in the format and size specified in the article 6 of these GTC´s for the purpose of it´s activation in the artworks database.
2.5. Artwork evaluation: After saving the artwork to the user account by the author, the operator performs a superficial visual evaluation of the qualitative parameters of the artwork i.e. whether it is possible to display the artwork in the terms of the possible customer orders and the „suitability“ of the artwork with regard to the access of persons without age restrictions to the content of www. epixo. com as well as for other reasons of „suitability“ of the artwork. The operator is entitled to decide on the suitability of the artwork exclusively at his discretion.
2.6. Artwork rejection: The operator is entitled to reject the artwork without giving a reason, and thus its activation pursuant to the section 2.8 of this article of the GTC.
2.7. Informing the author: If the qualitative parameters of the artwork are not satisfactory, respectively the artwork is considered to be inappropriate by the operator for other reasons, the operator shall inform the author of this fact without undue delay, but no later than within 10 working days from the date of uploading of the artwork to the user´s account. The author acknowledges that in this case the artwork will not be activated in the artwork database.
2.8. Artwork activation: At the latest within the period specified in section 2.7 of these GTC´s, the artwork is automatically activated in the artwork database, if the conditions according to the section 2.5 up to 2.7 of these GTC´s are met and the artwork according to the section 2.6 of these GTC´s has not been rejected, i.e. the operator´s customers will be able to choose an artwork for the purpose of fulfilling their order
- Duration of storage of the artwork in the artworks database: The artworks are stored in the artworks database for unlimited period of time; this does not affect section 4 of this article of these GTC´s.
- Procedure of removal of the artworks from the artworks database: The author is entitled to remove any artwork from the artworks database or from the user´s account.
4.1. The operator is entitled to remove the artwork from the artwork database or the user´s account without giving a reason or without prior warning.
4.2. The operator shall inform the author about the removal of the artwork via the user´s account without undue delay, no later than within 10 working days from the day of deleting the artwork from the artworks database or from the author´s user account.
4.3. Artwork removed pursuant to the section 4.2 of these GTC´s may not be re-uploaded by the author; in the event of re-uploading of the artwork, the artwork will be rejected by the operator, and thus deleted from the user account.
- Termination and blocking of the user account:
The author has the right to decide to deactivate his user account through the options of the user account, without the possibility of renewing the account of the author; this does not affect the provisions on the protection of personal data and the operator´s archives specified in this agreement.
5.1. The operator is entitled to block the author´s user account in the event of a regular storage of inappropriate artworks or due to violation of these GTC´s, even without prior notice. By blockading of the account, the author´s artworks are temporarily inaccessible in the artworks database, this does not affect the author´s right of access to the user account. The operator decides on the length of the blocking.
5.2. Based on the termination of the author´s user account, the author´s artworks will also be removed from the artwork database. In the moment of expiration of the author´s user account, the contract concluded between the operator and the author also cease to exist; this does not affect the provisions of these GTC´s on the protection of personal data and the operator´s archives.
DECLARATION OF THE AUTHOR
- The author hereby declares, that:
- he is the author of each individual artwork that he uploaded to the user account, respectively to the artworks database
- he owns all copyrights on the content or, if he is not the owner of the content, that he has permission to use the content and that it has all the rights necessary to display, reproduce and sell the content
- the content which he uploads does not infringe the intellectual property rights or other rights of any person or entity, including copyrights, moral rights, trademarks, patents, or privacy or publicity rights
- its use of the website will comply with all applicable laws, rules and regulations
- the content does not contain material, that defames any person, people, race, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or the to advertise, offensive, outrageous or otherwise undesirable
- the content is not misleading and deceptive and does not offer or distribute fraudulent goods, services, schemes or promotions
- At the same time, the author declares, that by uploading the artwork into the user account, he does not infringe any way any intellectual property rights of third parties, personal or property rights of third parties, violates the law on personal data protection or similar legislation which governs the personal data protection in the country of residence of the author, and at the same time the author is entitled to license each individual artwork at least to the extent specified in these GTC´s.
- By uploading the artwork into the artworks database, the author at the same time declares, that he has decided on:
a) to publish the artwork in compliance with the article 18 section 2 letter a) of the Copyright Act;
b) the method of designating the authorship of the artwork; the designation of the authorship of the artwork is respected by the operator;
c) granting consent with the use of the artwork by the operator for the purpose of using the artwork in compliance with these GTC.
- The author shall be liable for any damage cause to the operator as a result of false or incomplete statements specified in this article of the GTC´s or for the insufficient quality of the artwork pursuant to the article 6 of these GTC´s.
- The author undertakes to indemnify the operator in the event that the operator is obliged to indemnify any third party for any damage, unjust enrichment, compensation, contractual penalty or other sanction due to breach of obligations and or declarations of the author arising from these GTC´s, the operator accepts this promise of compensation.
AUTHOR´S REMUNERATION AND PAYMENT TERMS
- By uploading the artwork to the artworks database, the author is not entitled to any remuneration, as well he is not entitled to any remuneration by activating the artwork in the artworks database on the web page of the operator.
- The author is entitled to remuneration for each single use of the artwork in compliance with the purpose agreed in these GTC´s and according to the individual binding orders of the operator’s customers (hereinafter referred to as the „remuneration for use “). To avoid any doubt, a single use of the artwork is considered to be the production of one piece of a puzzle product from that artwork for the purpose of its subsequent sale or storage. The remuneration for the use of the artwork is specified in terms of the license fee determined by the author when depositing each individual artwork in the user account. For the purpose of tax regulations, remuneration for use is considered to be a passive component of income. Remuneration of use is payable by the 15th day of the month following the calendar month for which the remuneration for use is being paid.
- Remuneration for the use shall be paid by the operator to the author through a secure payment based on the data provided by the author´s account. The day of debiting of the funds from the operator´s account is considered to be the day of payment.
- The author acknowledges that all costs associated with making a secure payment shall be borne by the author.
- If the author has got a tax residence in the territory of the Slovak Republic and entitled for remuneration, the operator shall deduct a contribution of 2% from the remuneration to the relevant art fund in compliance with a special regulation; this does not apply to authors who do not have permanent residence in the territory of the Slovak Republic.
- Income tax on remuneration pursuant to this article of the GTC shall be deducted via withholding tax pursuant to the article 43 of the Income Tax Act. The tax base pursuant to the article 43 of the Income Tax Act is reduced by the withheld advance payment specified in the section 5 of this article of the GTC. The list of countries with which the state of the operator has concluded a double taxation agreement is listed on the website of the operator.
- By uploading the artwork, the author on the side and the operator on the other side in the position of the acquirer, conclude the license agreement pursuant to article 65 of the Copyright Act based on which the author grants to the operator license for further use of the artwork (hereinafter referred to as the „license“) under the conditions specified in this article of GTC´s; this article of the GTC´s also represents the license conditions of the acquisition of a license by the operator.
- Author hereby grants license to the operator:
a) as non – exclusive ;
b) for world-wide territory;
c) for active period of time (for as long as the template is active in the Epixo database).
- Parties agreed that the operator is entitled to use artwork of the author, which was uploaded to the operator´s database of the artworks, for further process and reproduction of the artwork in a format based on the requirements of the clients. Parties hereby agreed, that the operator shall have the right for further use of the author´s artwork which was uploaded to the operator´s artwork database for the purpose of the operator´s own promotion.
- Removal of the artwork from the database of the artworks also causes the expiration of the license; this does not in any way affect the protection of personal data and the archive of the operator pursuant to this GTC´s.
FORMAT AND THE QUALITY OF THE ARTWORK
- The author shall upload the artwork to the artworks database in format JPG. or PNG. within the sizes from 0,5 MB up to 30 MB.
- The operator recommends, that the artwork:
a) should not be blurred;
b) should not include large areas of single color;
c) should not have a thin frame around the whole artwork.
- The quality of the artwork is evaluated (superficially and visually) by the operator every time for each individual artwork; previously mentioned does not affect in any way the responsibility of the author for each individual artwork. In the event of insufficient quality of the artwork, the process specified in article 2 of the GTC´s shall apply.
PERSONAL DATA PROTECTION AND ARCHIVE OF THE OPERATOR
- The operator ensures the protection of author´s personal data; this data should be processed pursuant to the Personal Data Protection Act and relevant GDPR provisions.
- Authors personal data are processed by the operator in order to enable the selection of the author´s artworks published in the operator´s artworks database by the clients of the operator, whereby the author´s name (name, surname, artistic name, graphic designation or personal photograph – chosen by the author) is directly published together with the artwork and artwork designation; other data are processed by the operator for the purpose of the proper fulfillment of the obligations arising from the contractual relationship with the authors and for the purpose of fulfillment of legal obligations.
- The author hereby grants to the operator the consent with the processing of the author´s personal data in pursuant to the section 2 of this article of the GTC´s, unless the consent of the author is not needed, for a period of 5 years from the termination of the registration under these GTC´s.
- At the same time, the author hereby grants the consent to the operator for the internal archiving of the author´s artworks, for those which have been used at least once by the client´s, for a period of 5 years from their last use pursuant to the section 2 article 4 of these GTC, for the purpose of their use in possible judicial proceedings including with any operator´s clients.
- The operator is entitled to use the personal data of the author for the purpose of direct marketing during the duration of the user´s account.
- The author declares that all information provided by him are correct, complete and latest.
- Author agrees, that his personal data such as photo or banner (if it includes any personal data) will be publicly accessible on web page www.epixo.com.
- Author agrees, that his name, nickname, artistic pseudonym, will be publicly accessible on web page www. Epixo. com. In addition, the nickname/pseudonym will be part of the profile page on epixo.com and on product packaging.
- Governing law: Legal relationships between the operator and the author shall be governed by the respective provisions of the Slovak law, international and internal provisions regarding to the conflict of law shall not apply.
- Jurisdiction: The operator and the author hereby agreed, that all possible disputes which may arise from the legal relationship between the operator and author shall be governed by Slovak courts; This does not affect the mandatory provisions of act no. 97/1963 Coll. on private and procedural international law, as amended, relevant European Union regulations and international treaties by which the Slovak Republic is bound.
- Issues not explicitly provided for by the GTC, shall be governed by the relevant provisions of the Civil Code or Copyright Act or other relevant provisions of the Slovak Republic legal order.
- GTC´s forms an integral part of the agreement concluded between the parties, author is bound by these GTC´s from the day of the effectiveness of the agreement, which they are part of.
- Change of the GTC: The operator reserves the right to unilaterally change the GTC´s; Operator undertakes to inform the authors about the change of the GTC´s by releasing the new wording of the GTC´s on his website: www.epixo.com, change is effective on the day following after the day of their release on the www.epixo.com, unless the new wording of GTC´s stated another, later date of effectiveness.
- If the author does not agree with the change of the GTC´s, he is entitled to withdraw from the agreement within 30 days from the release of the changed GTC´s.
- GTC´s shall become valid and effective from May 10th 2021.