Terms and Conditions
These terms and conditions are divided in three sections:
Section A – General Provisions which applies to all Users;
Section B – Contributors which applies to Users who upload Contributions (“Contributor”); and
Section C – Buyers which applies to Users who purchase Contributions (“Buyer”).
Section A – General Provisions
- The Service Piqmo is an online photo gallery which Photographers (“Contributors”), free of charge, contribute to by uploading one or more photographic art (“Contributions”). Piqmo will offer the Contributions for sale as limited reproduction prints. PiQmo has nothing in stock. Upon order from a Buyer, we will print the Contribution in accordance with the Buyer’s demands, package and dispatch the printed contribution, and issue the payment from the Buyer. Once the Buyer has paid to us and the sale is completed, we will pay the Contributor for the sale of the Contribution. By using Piqmo or using any of our products or services, you acknowledge that these general terms and conditions constitute a legally binding agreement between you and Piqmo.
- Relationship of the Parties Piqmo and the User are independent parties and nothing in these terms and conditions shall establish any form of partnership, joint venture, agency, franchise, sales representation or employment between the parties.
- Eligibility and Content Piqmo is designed for participants aged 18 and above and who have the legal capacity to enter into agreements in accordance with applicable laws. By accepting these terms and conditions, you confirm that you are at least 18 years of age.
- Registration In order to submit Contributions, you will need to register a user account at Piqmo’s website. Upon registering the user account, you shall submit your personal and address details as set out in the registration form. These details will inter alia include a Piqmo alias, your first name, your last name, personal or corporate identification number, postal and email address, phone number and payment details (collectively referred to as “Registration Data”). Users that are legal entities shall also submit information on the contact person who is authorized to represent the User in its dealings with Piqmo. The User undertakes to keep us informed of any changes in the Registration Data. If a User has submitted false, inaccurate or incomplete Registration Data, Piqmo is entitled to terminate that User’s user account and deny him or her access to Piqmo’s services. The User further undertakes to ensure that the password and other login data to its user account is stored in a satisfactory manner and protected from being used by any third party. The User is responsible for any and all unauthorized use of the user account.
- Payment Details In connection with the registration of a user account, the User is required to submit its paypal email address or bank and payment details which is necessary in order for Piqmo to pay to the Contributor and to charge the Buyer in the event of sales or purchase of a Photographic art/contribution (the “Payment Data”). The payment solutions applied by Piqmo are listed on Piqmo’s website and the User can choose between any of these.
- “Duty to Complain” If you find that a Contribution, your own or another User’s, is in breach of these terms and conditions, you undertake to file a complaint with Piqmo’s customer support, email@example.com. In the event of such a complaint, Piqmo reserves the right to remove the Contribution.
- Termination These terms and conditions may be terminated by the User at any time and with immediate effect by the deactivation of the Contributor’s user account. These terms and conditions may be terminated at will by Piqmo with 30 days notice by notification to the User via the user account or email to the email address set out in the Registration Data. Upon termination of these terms and conditions, the User’s access to Piqmo’s services will automatically cease. Please be advised that the transfer of title made by Contributors is irrevocable and will not be affected by the termination of these terms and conditions. Piqmo may choose to store or to delete Contributors’ Contributions at its own discretion. Upon Piqmo’s termination of these terms and conditions due to the breach of contract of the User, Piqmo is entitled to compensation from the User for all damage caused by the User’s breach of contract.
- Personal Data Your personal data is important for us at Piqmo. We gather and process personal data in accordance with the Swedish Personal Data Act (Swe: “personuppgiftslagen”). In order for Piqmo to fulfill our assignment, we need to compile and process personal data about you, which includes the information you have submitted to us by opening your user account and other information you have submitted to us by phone, email or postal writing. Furthermore - we gather non-personally identifiable data when you visit our website, i.e. which browser you use (Internet Explorer, Chrome, Firefox, Opera etc.) which operating system you use (Windows, iOS, Linux etc.) and which webpages you have visited at our website. We process your personal data with utmost respect and use the data to fulfill and administrate our obligations, and for accounting/billing purposes, customer relations and if otherwise necessary. The data may also be used for the purpose of improving our services, products and website, and may be transferred to Piqmo’s partners in order for us to provide offers and services that might interest you as our customer, such as for marketing purposes by Piqmo or its partners. Of course, you may ask us to correct any incorrect personal data. If you have subscribed to our newsletter and wish to cancel the subscription, you may unsubscribe by clicking the link at the bottom of any of the newsletters we have sent to you. Piqmo or, if you have submitted any personal data to another entity, that other entity is the data controller. Piqmo may forward data to third parties, (such as Google and other search engines, Facebook etc.), for advertising purposes.
- Limitation of Liability Piqmo is not responsible for any losses or damages arising from and in connection with your Contributions, individual photo or profile information, except if caused by Piqmo’s aggravated negligence (Swe: “grov vårdslöshet”) or intent (Sw: “uppsåt”). Piqmo is under no circumstances liable for any disruptions or misrepresentations of Contributions. Further, Piqmo shall not be liable for any loss of revenues, profits, data, indirect, special, or consequential damages arising in connection with this agreement even if Piqmo has been advised of the possibility of such damages or if such damages were reasonably foreseen at the date of this agreement.
- Indemnity You agree to indemnify and hold harmless Piqmo and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable legal fees) incurred by us and arising out of or in connection with your Contributions, activities or the content of your profile information, including, without limitation, any actual or alleged infringement of copyright or other intellectual property rights.
- Severability If any term, clause or provision of these terms and conditions shall be deemed invalid or unenforceable for any reason, the remainder of these terms and conditions shall remain valid and enforceable in accordance with its terms.
- Enter into Force and Changes The User understands that these terms and conditions is an agreement between the User and Piqmo, which enters into force upon approval by the Contributor and remains in force until terminated. Piqmo reserves the right to modify these terms and conditions at any time. Any changes to these terms and changes will be notified on our website.
- Choice of Law and Jurisdiction These terms and conditions are governed by Swedish law, and any dispute shall be submitted to the exclusive jurisdiction of the Swedish Courts.
Section B – Contributors
- Introduction Please be advised that once you have submitted a Contribution, you have assigned all intellectual property rights to the Contribution to Piqmo. Therefore you do not dispose of the Contribution, and do not have the authority to remove, replace, change or in any other way claim the Contribution. Piqmo will provide you with an individual URL to use for promotion and direct web traffic to your Contribution. Contributors may also submit textual profile information, which we will display with your Contributions.
- Transfer By accepting these terms and conditions, you hereby convey, transfer and assign to Piqmo all of your right, title and interest in and to the Contribution, together with it’s a) goodwill, b) all income, royalties and damages that become payable with respect to the Contribution, including damages and payments resulting from past or present infringements and unauthorized use of the Contribution and all thereto related rights, and c) the right to use the Contribution for marketing purposes.
- Categorization of Contributions All Contributions will be tagged with one or several categorizations. Piqmo may at its own discretion categorize or re-categorize Contributions. Furthermore - Piqmo is entitled to create compilations or portfolios of Contributions (by the same Contributor or by combining Contributions from different Contributors).
- Limitations of Contributions Piqmo reserves the right to, at its own discretion, decline Contributions uploaded to the Piqmo website. The reason for us to decline a certain Contribution may vary; the quality of photo, ratings, a jury’s assessment, the photographer or the object of the photo and more. Furthermore, Piqmo reserves the right to limit the number of Contributions, in total and per Contributor. We are committed to promote photo art in all its guises, however, we will reject any Contribution we deem inappropriate for Piqmo.
- The Photographer transfers herewith to Piqmo the right to produce one copy, one photo, of each edition, of each uploaded photograph to piqmo’s gallery to use as a display copy for PR and marketing purposes. PiQmo shall bear the costs for any such production, but no compensation shall be paid for this first display copy.
- Your Artwork and Profile Information [The Contributor’s guarantees] You are solely responsible for all Contributions and profile information submitted to the Piqmo Gallery. Furthermore, you warrant that a) you are the full owner and copyright holder of the Contribution, b) the Contribution is your own original work, c) the Contribution does not infringe any intellectual property rights of any third party, and d) you have the consent of any and all persons displayed in the Contribution and that the Contribution does not violate any laws or conventions, such as but not limited to the right to respect for private and family life or intrusive photography (e.g. art. 8 of the European Convention on Human Rights, or chapter 4 section 6a of the Swedish Penal Code). Also, you undertake to categorize your Contributions in the most accurate way possible and not to submit any Contribution in for the purpose of promoting any other business than Piqmo without Piqmo’s prior written consent. Once the Contribution has been uploaded to Piqmo, we have the right to re-categorize your Contributions, to add or edit information or Contributions at our own discretion.
- Pricing and Services If your Contribution is sold to a Buyer, you will get paid a fixed fee by Piqmo. The fee varies depending on the Contribution, the size, format and quantity of the purchased Contribution. The fee you have earned will be stored at your user account under “my page” until you demand a cash out (see below).
- Contributor’s Cash Out The Contributor may at any time request for his/her accumulated amount of fees to be payed through the cash out function on the contributor´s user account (“Cash Out”). A Cash Out is requested by using the Cash Out function on the Contributor’s user account under “my page”. Once the Cash Out request has been received by Piqmo, we will release the royalties in accordance with the Payment Data and piQmo payout policy. The royalties will be transferred to the Contributor at the end of the calendar month if the request for Cash Out was made before the 15th that calendar month. If the Cash Out request was made later than the 15th of a calendar month, the payment of royalties will be made the following month. Read more under cash out
- Disclaimer Piqmo is not liable for any losses or costs of a Contributor due to the malfunctioning, errors or downtime of the Piqmo website or any affiliated websites.
Section C – Buyers
- Introduction Piqmo offers Contributions for sale. You may purchase a Contribution and choose from different styles, sizes and qualities which are available at the time.
- Purchase of Contributions Upon purchase of a Contribution, Piqmo grants the Buyer an exclusive limited edition of the Contribution.
- Policy Returns Upon purchase of a Contribution, the Contribution will be produced, mounted and delivered in accordance with the Buyer’s order. Piqmo will only return purchased Contributions which are damaged during production, mounting or delivery. Piqmo shall not be liable for any other costs or losses and Piqmo’s responsibility to indemnify the Buyer will never exceed the purchase price.
- Title Please be advised that Piqmo is the owner of the Contributions. Therefore all requests, purchases or other contacts regarding a Contribution shall be made to Piqmo.
- Consumer Distance Contracts If you are a physical entity and essentially purchase a Contribution for reasons which have no connection with your professional economic activity, you are entitled to withdraw from the contract in accordance with the Swedish Act of Protection of Consumer in Respect of Distance Contracts (Sw: “distans- och hemförsäljningslagen (2005:59)”). You may withdraw from the purchase contract within 14 days from when the purchase was made. The cancellation shall be sent to Piqmo by postal service, to the following address:
Piqmo AB, Hedinsgatan11, 11533 Stockholm, Sweden
or by email to: firstname.lastname@example.org
subject: withdraw from purchase contract
In the event of your withdrawal from the contract, both parties’ services and any profits shall be reimbursed. If Piqmo – in whole or in part – has provided its service at the time of cancellation, you are obliged to pay for the services Piqmo already has provided. Your right to withdraw from the contract lapses prematurely if the assignment has been completed by both parties as a result of your explicit request prior to your withdrawal.