General terms and conditions of pixoona
The General Terms and Conditions (abb. "terms") of pixoona regulate the relationship of pixoona Users among each other, the relationship between a User and pixoona and the use of the various pixoona services. The services encompass all of pixoona’s websites, the pixoona Gallerys, the Add PIX-button, the process of setting PIX, the pixoona profile and Drap It. By registering the User agrees to these terms. The term “User” will from here on refer to any User who is registered with pixoona.
1. Specification of services
pixoona GmbH & Co. KG (from here on, referred to as „pixoona“) provides all pixoona services, expressly the PIX-technology that enables the linking of digital images with other information and media content. The linked content can be enriched with a personal message and be sent to social networks. For the purpose of commercialization and provision of the PIX-technology pixoona operates several platforms, which cover both public and private sectors. With registration each User opens a virtual image gallery, the pixoona Gallery. Every image tagged/pixed by this User will be displayed here. Additionally, the User can upload images to the pixoona Gallery, he can set more PIX and in doing so he can communicate with other Users directly on images. Another component of the pixoona Gallery is a User profile including a private section for profile administration. The PIX-technology can be employed on any website worldwide, with reference to the terms at hand. Upon registration the following services become available to the User.
1.1 Image tagging
After registration the User can tag images and set PIX on any website. For this, the pixoona platforms – his own and other pixoona Gallerys, his profile and the pixoona applications – the browser extension, the plugins for integration of the PIX-technology to websites, the Facebook app, the Drap It features - are all available free of cost. The User is – whether as an individual or a legal entity – actively integrated in the process of referring content and media to third parties. By pixing, commenting and rating and sharing content, he can also recommend goods, services and other offers. These goods and services can be his own or those of any business connected to the pixoona network. In any case, the User is able to participate in the remuneration program and receive his share of the turnover generated by his recommendations.
1.2 Website integration
Whoever owns a webpage may implement the PIX-technology to his webpage. For this purpose he can copy the PIX-technology code into the source code of his webpage. He can pix images on his website or permit other users to set PIX on his images. By using the PIX-technology on his own webpage or blog the User participates in pixoona’s remuneration program and therefore in the revenue.
2. Conclusion of contract
2.1 Requirement for using the services is a registration on www.pixoona.com. The registration is only permitted to legal entities, partnerships and individuals with unrestricted legal capacity. The registration is ensued by entering a valid email address, a profile name and a password of choice.
2.2 By registering, the User opens a pixoona Gallery on which he can manage his images and his account. He has now gained all rights and duties of a User, i.e. he can set PIX on his own website or on external websites and integrate the PIX-technology to his own webpages.
2.3 All the User‘s PIX activities are documented on the pixoona Gallery. i.e. all images he has pixed are displayed there. Additionally, he can upload images or set PIX directly on the Gallery.
2.4 Since the User may take part in the pixoona remuneration program through his activities, this may create a balance in his personal pixoona-account. Retrieval of the commissions demands the User to have access to a bank account and to deposit the account information in his profile data at the time of disbursement.
3. Registration and user profile
3.1 Upon registration the User will receive a confirmation email from pixoona. pixoona reserves the right to reject the offer without stating the grounds for such rejection. In this case all data submitted with the registration form will be promptly deleted.
3.2 pixoona Users register by submitting a valid email address, a profile name and a password of choice. Any further information, like first and last name, current address, phone number and date of birth can be submitted to the User‘s profile. Bank data is only to be submitted if the User intends to participate in the pixoona renumeration program. The data entered must be correct and complete and kept up to date.
3.3 Upon registration the User chooses a user name. This name will be part of his pixoona Gallery‘s URL: http://username.pixoona.de. The pixoona name can be chosen freely. It may not be composed of an email or internet address, infringe on third party rights – particularly protected names or trademark – and may not be immoral or offensive.
3.4 For registration pixoona also offers single login solutions. The Terms and Conditions of other associated web services apply as well (such as Facebook, Twitter, etc.).
3.5 The registration of a legal entity may only be undertaken by an individual authorized to represent it, who must be identified by name. Only single individuals are permitted to be identified as proprietors of the User account (i.e. no married couples or families).
3.6 If pixoona disables a User's account, it is not permissible for the same User to open a new account without written authorization by pixoona.
3.7 It is prohibited to give the password to another person, or grant another person access to the pixoona account, or to perform any other activity which could endanger the security of the pixoona account. A transfer of the account to another person is not permitted without previous written permission on the part of pixoona.
3.8 pixoona will not relay the password of the User to third parties and will never ask a User for his password by email or telephone.
3.9 When the User chooses a profile-name for his pixoona account, pixoona reserves the right to remove or recall it, should it be necessary (such as by violation of a brand name).
4. Object of agreement
4.1 pixoona operates and administers all activities of the pixoona network. Involved persons in the network are individuals and legal entities, who act as Users in pixoona. From the moment of registration the User participates in the pixoona network.
4.2 Usage of tagging functions via pixoona applications and the integration of the PIX-technology to websites are free of charge. Each User may partake in the pixoona remuneration program by means of his activities and can retrieve his current commissions balance at any time.
4.3 pixoona monitors and logs the business transactions of affiliated Users independently or with the help of associated partner programs. The User may gain access to this tracking within his profile at any time.
4.4 pixoona is not obligated to examine the activities of Users regarding their legitimacy or integrity. pixoona ensures that all pixoona functions remain current, intact and error-free in their application. Due to execution of necessary routine maintenance and improvements it may occur that certain functions are temporarily not available. pixoona will rectify any disruptions or malfunctions without delay, insofar as it is necessary, for economically and legally appropriate and the impairment is not negligible.
4.5 All functionalities of pixoona are in beta-phase and will be further developed continually. In the context of this development individual applications may be improved, extended or changed by pixoona. This could include the eventuality that functionalities or other parts of the service may be partly or completely discontinued, provided that it does not lead to more than a negligible restructuring of the performance of pixoona. The right to affect performance changes especially exists, if these changes are standard industry practice, if there is a change in the legal framework, or if an obligation arises through case law.
5. Obligations of the user
5.1 The User guarantees that the required data, given at the time of registration, is true and complete. Should the data supplied during registration process change at any time after registration, said data is to be promptly updated in the pixoona profile, at the latest, however, within 4 weeks.
5.2 Entrepreneurs who are liable to tax are obligated to disclose to pixoona, as part of the contact information as User, the taxpayer ID received from the tax office, or the VAT ID number received from the Federal Office of Finances or alternatively received from the appropriate foreign registration office.
5.3 The User commits himself to treat the access information (email address and password) chosen during the registration process confidentially, not to pass them on to third party and to store them in such a way, that third parties do not have access to the information. It is not permitted for third parties to use the profile by means of this access data. If there is cause to suspect that third parties have cognizance of the access information, pixoona must immediately be informed in writing or by email under email@example.com.
5.4 The User commits himself a) not to violate any third-party rights (especially copyrights, trademark rights, personal rights or similar rights) and/or b) not to infringe any statutory regulations (particularly in respect to competition law) and c) not to publish information which is of a nature that is endangering to the State, racist, violence glorifying, pornographic or endangering to youth or that is not allowed to be made publicly accessible.
5.5 The pixoona Gallery is a website which the User may use in the context of his pixoona account free of charge. The Gallery displays all images pixed by the User. He can also upload images directly to the Gallery and set PIX.
5.6 pixoona makes it possible for the User, to publish content and products, to make them accessible to the public, to reproduce and to disseminate them. pixoona itself does not provide this content. The Users are responsible for all actions carried out via their pixoona Gallery, in particular for the content which they publish on their pixoona Gallery as well as the image files that they upload and publish via pixoona Gallery.
5.7 Content published via the pixoona Gallery, including comments and ratings about the pixed content and media, will not be reviewed by pixoona and do not represent pixoona’s opinion.
5.8 If the User owns a website, he can register his URL in his profile. Upon verification of the website the control of all rights and roles for and on the pictures on his website rests with the User. He is unlimitedly responsible for the content of the images and the PIX and releases pixoona from all liability claims, even in respect to third parties. The User can participate in revenues, gained through a PIX on his image content.
6. Usage rights for the PIX-Technology
6.1 pixoona grants the User exclusive and non-transferrable rights of unlimited duration to use its PIX-technology on the domain registered in his profile. The PIX-technology comprises the Code, which resides in the profile, the Add-PIX-button, that denotes if a picture is provided with the PIX-technology and the process of setting PIX.
6.2 The PIX-technology may be applied exclusively to the domain specified by the User, on its subpages and on image content accessible from sub-domains.
6.3 The User is not authorized to change or modify the technology in whole or in part. pixoona is not liable for damages which incur through manipulation of the software and is not obligated to rectify damages which incur through such manipulation and can, should the occasion arise, refuse to do so.
6.4 The PIX-technology, parts of the PIX-technology and the source code as well as graphics used for the PIX-technology may not be utilized for the purpose of developing own products or services and/or supplied to third parties.
6.5 The source code of the PIX-technology is a business secret of pixoona and/or an item under copyright and/or other rights and belongs to pixoona The User is to respect these rights. The PIX-technology categorically may not be passed on, neither in whole nor in part, for remuneration or gratuitously, to third parties.
6.6 The PIX-technology will be available in the latest version. Apart from that, no warranty will be assumed that the software and its data structure are free from defects.
6.7 The warranty also does not extend to deficiencies which are attributable to inappropriate handling or other causes outside of the sphere of influence of pixoona Further warranty claims are excluded.
7. Sanctions, blockage and termination
by reason of abuse
7.1 pixoona can take action if concrete indications exist that a User has violated statutory provisions, third party rights, the pixoona terms or policies, or when a legitimate interest exists in protecting other Users from fraudulent activities.
7.2 Any form of abuse is prohibited, i.e. the attainment of business transactions through unfair practices or illegal agents which infringe on applicable law, on these terms, on any additional program-specific conditions of participation and on the concepts and principles of the pixoona network.
7.3 It is expressly forbidden for the User to attempt to obtain remuneration in such a way that, either by himself or through third parties, while using the advertising media, tracking-links, and/or other technical resources conveyed to him in the framework of the pixoona network, he effects business transactions while employing one or more of the following practices:
7.3.1 Simulation of business transactions, which in reality never occurred, such as through the input of unauthorized data of others or the giving of false or non-existent data while ordering goods and/or services or by online-registration.
7.3.2 Utilization of legally protected terms, especially trademarks, for instance in search engines, in ad placement.
7.4 Any form of misuse leads to an immediate blocking of the pixoona account. Within one month after blocking, an objection in written form may be lodged to clarify the circumstances of the case. Should the facts, however, not be clarified in favour of the User, pixoona will issue a notice of termination. Further, no claim for remuneration on the part of the User is established by abusively precipitated business transactions. The User commits himself to pay for each case of culpable infringement of these regulations, whether a penalty for breach of contract set by pixoona, using equitable discretion, or if disputed, the penalty established by a court. The contractual penalty amounts maximally to the assets on hand and confirmed in the pixoona account at the time of its blocking.
7.5 Blocking an account encompasses every area. If a User perpetrates abuse, the PIX-technology which is incorporated into the source code of his website will be blocked at the same time as the blockage of his account and access will be denied.
7.6 Adherence to the terms is of considerable importance to the operation of the pixoona network. Besides the cancellation of services, pixoona reserves the right to take further steps in the case of substantial offenses. Should the User infringe on these regulations and as a result of this breach of contract pixoona is subject to litigation by a third party, pixoona is entitled to demand the payment of all costs and expenditures from the User which pixoona incurs due to the infringement. These include in particular damage and expense compensations for the defense of third party claims and other damages.
8. Forbidden content
8.1 The pixoona User, namely the person issuing the content, is solely liable for any content, data, texts, photos, graphics, news, videos, profiles, products that he publishes or transmits via pixoona.
8.2 It is forbidden to publish content on pixoona websites which infringes upon statutory provisions, third-party rights or offends common decency. Further, it is the responsibility of every User to ensure that all content is lawful and does not contravene third-party rights.
8.3 In particular the following content is prohibited: content which is indecent, pornographic, obscene, extortionate, endangering to youth, violence glorifying or in any other way reprehensible; content which promotes or glorifies hate, violence or racist discrimination; content which infringes on applicable laws or promotes contravention of laws; untrue assertions of facts, abusive language and abusive criticism; contributions and content which is misleading; content whose reproduction, publication and/or dissemination impinge on intellectual property rights of third-parties, in particular copyright law, or promotes such impingement.
9. Sharing our earnings
9.1 pixoona is all about sharing, and that includes money. It is one of pixoona`s main intents to let its Users participate in its growing success. Every User should be able to help make pixoona more successful and automatically participate in the rewarding system (badges, bonuses, or the like) through his community activities. This way, pixoona is allowing the community activities of every User to be a means of participation in the company‘s success.
9.2 The exact outcome and crediting of community activities and the determination of the activities to be credited are subject to the respective pixoona campaigns made public on the pixoona website. pixoona reserves the right to change these terms, also in respect to future campaigns. No claim can be made by any user in respect to the operation of any kind of rewarding system or community participation according to any kind of conditions. The current campaigns with their terms and conditions are displayed on the pixoona website.
9.2.1 No claim can be made in respect to any other type of reimbursement in respect to any of the User‘s expenses.
9.2.2 The validity of a User‘s activities in respect to possible renumeration is determined and confirmed at the sole discretion of pixoona alone.
9.2.3 No claim can be made in respect to any confirmation.
9.2.4 pixoona evaluates community activities according to a person‘s usage and way of interacting. Provisions never occur based on any successful individual activities. pixoona is expressly neither an affiliate-, nor a cash-back-program.
9.3 The User can look into his community-related earnings in his User profile, through which all badges, bonuses or monetary renumeration are processed. Monetary renumeration is distributed via credit notes. The User does not issue invoices to pixoona, but pixoona automatically credits possible earnings to his User-account.
9.4 Badges, bonuses or other rewards may be evaluated by pixoona only in respect to monetary renumeration.
9.5 In the case of monetary renumeration of a User‘s community activities, whenever the minimum of 25 € is reached, an electronic credit-receipt is issued at the beginning of the following month. The User in informed via e-mail and after he clears the credit-receipt the amount is transferred to his bank account free of cost. If the account is not in Germany and/or does not have IBAN/BIC, the transferral is free of cost as of an amount of 250 €. Any smaller value is transferable at the cost of the respective bank fees, which will be deducted from the balance, and only after the Users explicit request.
9.6 There is no interest on the User‘s account-balance.
9.7 Transferal of the account balance under the minimum value is possible at the cost of 5 € handling fees or the actual bank fees, should they amount to more than 5 €. The fees will be deducted from the amount payable.
9.8 Only credit receipts which are cleared in a timely manner can be taken into account. If the minimum value has not been reached and/or the credit-receipt has not been cleared the balance will be carried over to the following month and remain on the User‘s account.
10. Duration and Termination
10.1 The contract for participation in the pixoona network is entered into for an indefinite period. The User can terminate the license agreement at any time. For the notice of termination a written notification by email to pixoona at firstname.lastname@example.org. is sufficient.
10.2 Business transactions which have been facilitated up to the point of termination, will still be processed after receipt of the termination notification. Any remaining balance will be paid out to the User at the time of termination of the contract, reduced by a handling fee of 5 EUR. Should the balance at the time point of termination be 5 EUR or less, no payout will take place.
10.3 With the ending of participation in the pixoona network, all personal data recorded at registration will, after the expiration of the legal retention period, be completely deleted. 10.4 Should the User be given notice because of misuse or abuse, the penalty for breach of contract will be retained from the remaining balance.
11. Ending participation in pixoona
due to inactivity or limitation
11.1 Should a User register with pixoona but fails to activate the registration through the activation link, the registration will automatically be deleted at the end of 60 days. A new registration process may be initiated.
11.2 Should the User account have no commissions credited to it within a time period of two (2) years following registration, pixoona reserves the right to close the account and to delete the registration. A new registration process may be initiated.
11.3 The individual commissions lapse after a period of two (2) years, beginning with the conclusion of the year in which they were credited to the account.
12.1 The protection of personal data is of vital concern to pixoona – at the same time gathering, processing and utilization of such data is an indispensable requirement for the operation of the pixoona network. pixoona collects, processes, and uses personal data exclusively with respect to the applicable legal data protection regulations.
12.2 pixoona is therefore entitled to gather and use personal data, insofar as it is necessary to enable the participation in the pixoona network.
12.3 pixoona gathers, processes and uses specifically the data gathered during registration as well as data, which accrues in the normal course of network usage.
12.4 pixoona also uses the contact data in order to initiate contact by email with the User in context with the pixoona network participation.
12.5 pixoona will not pass on address or contact data to third parties, insofar as there is no legal obligation for it. Personal data will also not be sold or made available to third parties.
12.6 pixoona sends individual status-emails, in which important personal statistics as well as the account balance are disclosed to the User. The individual status-emails are, for reasons of their importance, not suppressible, because they can directly affect the contractual relationship. This service from pixoona does not release the User from his general reporting requirement as User.
12.7 In addition pixoona sends newsletters to all pixoona Users on a non-regular basis. In these pixoona informs the Users among other things about new features in pixoona. The User can deactivate the reception of the newsletter.
12.8 The User can receive information about his saved data via the usual contact possibilities or via the email address email@example.com.
13. Liability and limitations of liability
13.1 pixoona assumes absolutely no responsibility for the content of Users‘ websites, who have employed the PIX-technology on their website or their Drap It website. pixoona is not responsible for damages or other disturbances, which are the result of faultiness or incompatibility of the software or hardware of the User, nor for damages which result from insufficient availability or improper working of the internet.
13.2 pixoona assumes no responsibility for the comments and PIX contents of Users. As a general rule, pixoona inspects neither the lawfulness, completeness or correctness of the inserted PIX, nor the contents, that are published within the framework of setting Pix. User content does not represent the opinion of pixoona or their advertising partners. pixoona assumes no liability for content, which is published by Users on pixoona websites or on pixoona Gallerys or on external websites and/or which are forwarded to other website operators.
13.3 Otherwise liability exists – for whatever legal reason – only:
13.3.1 due to intent and gross negligence of a legal representative, an executive or other agents,
13.3.2 with each culpable violation of a significant contractual obligation (whereby the concept of the significant contractual obligation describes abstractly any such obligation, whose fulfillment makes possible the proper execution of the contract and upon whose compliance the other parties may regularly rely), by default and impossibility of fulfillment.
13.4 Liability according to subparagraph 8.10 ff in the case of financial and property damages is limited to the level of predictably foreseeable damages.
13.5 The aforementioned liability limits are not valid in the case of compulsory legal liability, particularly according to the product liability law, by the acquisition of a guarantee, as well as by culpable injuries of life, of body and health.
14. Rating system and badges
14.1 pixoona offers the Users a rating system for pixed products in the course of referral marketing. These recommendations per se are subjective and are not subject to any evaluation criteria which can be validated. The evaluations are not audited by pixoona.
14.2 Users are obligated to enter exclusively truthful entries in their comments and to observe statutory regulations. Evaluations entered by Users must be kept factual and must not contain abusive criticism.
14.3 Every User has the option of procuring pixoona “badges”. These badges can be quantitatively measured and validated, since they have reference to the User\'s activities, such as the number of set PIX, the number of PIX that have been clicked on, or the level of compensation he has generated. Badges will be posted in the pixoona community, in order to make the User’s status symbolically available to others.
15. Changes to terms
pixoona reserves the right to make changes to less important regulations of these terms at any time and without naming the grounds for said changes, insofar as these changes do not lead to a reconstruction of the contractual framework as a whole. The changed terms will be communicated by email at least two weeks before they take effect. Should a User not object to the application of the changed terms within four weeks after reception of the email in written form, the changed terms will be deemed accepted. pixoona will separately emphasize the possibility to lodge an objection and the importance of the 4 week deadline.
16. Final provisions
16.1 To use the pixoona network and its applications it is necessary to utilize certain technical systems, such as end user devices, software, transmission paths, telecommunications and other third party services, through which further costs could arise for the User. pixoona does not supply such end user devices, software, transmission paths, telecommunications and other services and therefore assumes no liability for the services of third parties.
16.2 Rights and duties of this contract can only be transferred with the agreement of pixoona.
16.3 This contract establishes no organization like a corporation and thus it also authorizes none of the parties to make legally binding statements, neither for both of them together nor for the respective other parties, or in any other way to obligate or represent them.
16.4 These terms and the contractual relationship with the User are under exclusive application of the Laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
16.5 Wiesbaden, Germany is deemed to be the place of jurisdiction as appointed, as long as the User is a merchant according to the commercial code, does not have a residence in Germany, has relocated his residence abroad after these terms having come into effect, or when the residence or usual place of residence at the time of the commencement of proceedings is unknown.
16.6 If and when individual articles of these terms in whole or in part should become void, the efficacy of the remaining regulations remains unaffected. The void regulations are deemed to be replaced with regulations that customarily come closest to the spirit and purpose of the voided regulations in a commercially and legally effective manner. The same applies for any potential regulatory gaps. This English version is merely a rough translation for information purposes. The German language version of these terms and conditions (AGB) shall govern in case of any ambiguities or disputes.