GENERAL TERMS & CONDITIONS OF USE

 

The operator of the online crowdworking and collaboration design platform community pictosis.com(hereinafter referred to as platform) is Pictosis ecuadorian startup company in 090150 Colina de los Ceibos Mz9 527 Gye, Ecu(hereinafter referred to as Pictosis).

 

The general terms of use listed below contain the basic rules governing the use of the platform and all associated legal transactions and quasi-contractual actions between the members/users of the platform and pictosis. They apply exclusively.

 

We hereby reject any terms and conditions of the members/users that differ from the general terms of use set out below or which contain provisions that contradict them.

 

  1. DEFINITIONS

 

According to these general terms of use, the following concepts have the following meaning.

 

1.1 ‘Member/User’ is any natural person or legal entity that has registered to crowdwork and collaborate in pictosis platform. As part of the registration process, the person concerned must indicate whether the registration is being made on his own behalf or as a representative of a legal entity. If the person performing registration is acting on behalf of a legal entity, that person must guarantee that he is authorized to represent the legal entity. If registration is performed on behalf of a legal entity, the person performing registration, as well as the legal entity, are considered to be “members” according to this agreement.

 

1.2 ‘Designs/Ideas’ according to these general terms of use are all creative content that the member places and makes accessible in a project (see below) on the platform. The concept covers graphics work, photographs, videos, text, musical compositions, sketches and other images that are submitted in digital form.

 

1.3 ‘Design Work’ according to these general terms of use are all creative content that the member/user places in his member profile in digital form for the purpose of self-presentation.

 

  1. REGISTRATION AND CONCLUSION OF THE MEMBER/USER AGREEMENT

 

2.1 Underage persons or other persons without the legal capacity, or with restricted legal capacity, to enter into a contract are not allowed to register to use the platform without the consent of their legal representative(s).

 

2.2 Pictosis provides an online form for the purpose of registration. After the member has entered the required details, the member must then agree to these terms of use. By submitting the form, the member creates a profile on the platform. At the same time, the member receives a confirmation e-mail containing a link at the e-mail address he has given. By clicking on the link, the member validates the e-mail address and, by extension, the member account. The member agreement is concluded when the member clicks on the link.

 

>> Without any obligation to do so, pictosis may also choose to offer alternative means of registration via third-party providers (for example Facebook or Twitter). No separate notification of activation will be sent in this case. The member agreement is concluded when agreement is given to these terms of use on the platform <<.

 

2.3 Pictosis reserves the right to decline a member’s registration without giving any reason.

 

2.4 In any event, the member is obliged to provide truthful and, where the data in question is mandatory, complete details for the information required during registration. In particular, the member is not permitted to enter details of third parties. Pictosis reserves the right to demand proof of the member’s identity and of the authenticity of the details provided in the course of registration. Furthermore, pictosis also reserves the right to verify the member’s identity by reading out technical information (such as IP address, etc.) or through the use of other technical means. After registration, the member/user must update any details supplied in his member/user account should these change. Multiple registrations under different member/user names are not permitted.

 

2.5 The member/user specifies a username and password(hereinafter referred to as “login data”) in the course of registration. The member/user must keep the login data secret and store them safely from access by unauthorized third parties. It is not permitted to disclose these details to third parties, including other members/users. If the member/user loses the login data, or if he discovers or suspects that the login data are being used by an unauthorized third party, he/she must report this to pictosis platform immediately.

 

  1. RIGHT OF CANCELATION

 

Members/users has the right of cancelation to remove their own accounts and designs/ideas from the platform anytime they want.

 

  1. PROJECTS

 

Pictosis or other external companies regularly organize crowdwork and collaboration contests on the platform in which participating members/users can win money and other prizes sponsored either by external companies or by pictosis (hereinafter referred to as “projects”).

 

Projects are subject to the provisions of these terms of use, in particular section 6, relating to the right of use to the designs/ideas and works submitted by the member/user, and section 11, relating to the member’s/user’s liability for content he contributes, as well as any supplementary terms communicated to the member/user by pictosis or the relevant project’s client prior to the project. The member must accept all terms prescribed by pictosis or the client in order to participate in the relevant project.

 

Pictosis and the project’s client reserve the right to terminate project prematurely or extend it without disclosing reasons. Pictosis and the project’s client reserve the right to restrict access to particular projects to specific members/users or member/user groups and to make participation subject to special terms. Pictosis may introduce ‘Public’ or ‘Private’ corresponding categories for this purpose.

In addition, the following terms apply to projects:

 

4.1 PLACING & EVALUATING DESIGNS

 

4.1.1 The client decides which design/idea wins a project and which places the designs/ideas take.

 

4.1.2 A jury may also be appointed that can provide inputs independently of the client where this is expressly disclosed in the briefing or other declarations on the platform. Separate prizes may also be provided for designs/ideas in the event of jury or people’s choice-based prize.

 

4.1.3 Every member/user(in private or public projects) and not members(in public projects) of the platform can rate a design/idea using the 5 stars rating system. The designs/ideas that scores the highest ratings will be consider(if client decides) for the final round where the winners will be selected.

 

4.1.4 Ratings can be used as soon as the first idea has been placed in the project. At the end of the submission period, ratings can continue to be given according to the date indicated in the briefing(hereinafter referred to as “jury or peoples choice deadline”).

 

4.2 PRIZES AND DISBURSEMENT OF PRIZE MONEY

 

4.2.1 The winner of a project receives the main prize offered while the following places in descending order receive the other prizes where these are offered. Pictosis will contact the members in question prior to disbursement being made.  The member is obliged to provide pictosis with his full proper name, address and account details if he has not already done so in his profile. In particular, Pictosis may require the member to send copies of official documents (e.g. identity card).

 

4.3 Payment

 

4.3.1 Pictosis will effect payment via PayPal.

 

4.3.2 If the winner of a project does not wish to receive payment via PayPal, payment can also be effected by bank transfer. The costs associated with the bank transfer and any charge backs or other fees and costs will be borne by the member/user.

 

4.3.2 Pictosis reserves the right to perform a check on the identity of the member and verification of the member’s bank or PayPal account before transfering the prize. The member undertakes to collaborate with verification in a suitable manner. Pictosis is entitled to refuse to disburse the prize if the member fails to cooperate in the appropriate manner.

 

4.4 WINNER VOUCHER

 

4.4.1 The member will receive a winner voucher as proof of winning. The winner voucher is issued by pictosis as evidence of the win and is sent to the prize winner on disbursement of the prize. Pictosis can make the disbursement of the prize dependent on the member issuing a due and proper invoice for the prize money indicating pictosis as invoicee. The invoice must contain all the information required to meet country-specific tax regulations and which pictosis requires in order to claim tax if needed. Pictosis will inform the member about the tax requirement on request.

 

4.4.2 The winner bears sole responsibility for payment of any tax due in connection with winning a prize.

 

  1. UPLOADING DESIGN/IDEA WORK TO A MEMBER’S PROFILE

 

5.1 The member/user can present himself and his talent to the general public and the community in the member profile on the platform. To this end, he/she can upload digital design/ideas works, in particular picture, video and audio files in popular formats, to his member/user profile. Pictosis reserves the right to reject or to delete the design/idea work uploaded to the member’s/user’s profile without giving any reason.

 

5.2 Members uploading a design/idea work to their member/user profile grant to pictosis non-exclusive transferable rights, without restriction on time, space or content, to use the content to the extent required for the operation of the platform. In particular, the member/user grants to pictosis the right to hold the design work on the platform for downloading by third parties (making them available to the public) and to make any copies necessary for this purpose. The member/user also grants to pictosis the right to edit the works in question in order to present them more favorably on the website.

 

5.3 In some circumstances, a member/user wishing to participate in private projects have to submit design/idea works to request access.

 

5.4 The provisions in section 11 apply accordingly to the member’s design/idea works.

 

  1. RIGHTS OF USE

 

6.1 Granting Rights of Use to Pictosis through Participation in a Project or Submission of a Design/Idea

 

Even when participating in a project or submitting a design/idea, the member/user still retains the right, without restriction on content, time or space, to use his own design for the purpose of self-promotion, provided he observes the rights of third parties, in particular those of the client. Pictosis wishes to point out explicitly that participation in a project and/or submission of a design/idea does not give the member/user any right to use material that was not created by him. In particular, participation in the project does not give the member/user any right to use the logo or other materials belonging to the project client or to third parties. 

 

By submit a design/idea in a project, the member/user grants to pictosis and to the client as organizer of the project the rights of use listed in section 6. The member/user undertakes, for a period of six months following submission of the design/idea and/or after the projects have closed in case client wants to buy more extra designs/ideas(prize according to each project rules), not to exploit this design/idea in other ways, or to cede or offer it to any third party.

 

6.1.1 A member/user placing a design/idea in a project grants to pictosis non-exclusive transferable rights, without restriction on time, space or content, to use the design, including associated creative works and any comments submitted therewith, to the extent required for the operation of the platform. In particular, the member/user grants to pictosis the right to every comment and/or design/idea and the associated works on the platform for downloading by third parties and to make any copies necessary for this purpose. The member/user also grants to pictosis the right to edit the works in question in order to present them more favorably on the website or any promotion for the platform as well.

 

6.1.2 In addition, the member/user grants to pictosis the right to make the comment and/or design/idea and the associated works publicly accessible for the purpose of presentation beyond the limits of the project, for example in the pictosis newsletter or in its blog, and to edit them, in particular to create and present summaries or individual pictures of designs, videos and texts, (‘thumbnails’), etc.

 

6.1.3 Furthermore, the member/user grants to pictosis the non-exclusive right, without restriction on content, time or space, to use the designs/ideas and associated works in any medium for the purpose of communicating and promoting the project and/or designs/ideas submitted to the project. To this end, pictosis may reproduce the ideas and associated works, distribute, edit, rearrange them, make them publicly accessible, broadcast and publicly play them in other ways, whereby this includes, in particular, making them available or broadcasting them by transmitting the content to fixed or mobile terminal devices of other members/users as part of automated subscription services (push services) or download services (pull services) (e.g. by podcast, RSS feed, Atom feed, XML interface or other technologies). The parties to this agreement consider the right of public reproduction also to include, in particular, the right to render the design/idea and associated works on the website using methods to play back audio and video data that can be received and simultaneously played by members/users (streaming), including the possibility of configuring the stream in such a way that the broadcast data can be stored by the recipient. In order to document the project and/or to promote the platform, pictosis may in particular include the member’s/user’s design/idea, alone or together with the designs/ideas of other members/users, in a catalog of designs/ideas, which will be made available to the customer on conclusion of a project, and which it may reproduce as a different form of print publication and distribute (together as poster), where this serves as an appropriate form of publication for the platform, present at trade fairs (in particular in the form of banners, posters, video clips), make accessible as “the best” on the platform, also in conjunction with other projects, or make generally publicly available, include in press releases or make available to third parties in the course of normal public relations work (for example for external press reports in journals).

 

6.1.4 In order to secure the greatest possible level of awareness and reach for the member’s/user’s designs/ideas, the member/user additionally grants to pictosis the right to publish the member’s/user’s rights, and/or to have them published, on the websites of external providers, to make the reproductions required for this and to transfer the individual works (i.e. the corresponding files) to the relevant third party, and/or to grant these providers technical access to the designs for the above-mentioned purposes, including the right to reproduce the designs for inclusion in their own websites. In order to achieve the aims mentioned in this sub-section, pictosis may use commonly available technical methods (e.g. embedded functions). The member/user therefore consents to the relevant third-party provider accepting the works in question and also publishing them.

 

6.1.5 The member/user will receive no monetary recompense for granting the aforementioned rights of use to pictosis. In return for being granted the rights, pictosis presents the member’s/user’s design/idea on the platform and gives him the opportunity to sell his designs/ideas to third parties or to pictosis and to participate with his designs/ideas in projects. The parties regard this return service as appropriate recompense.

 

6.1.6 Pictosis endeavors wherever possible to allow the member/user every freedom to exploit his designs/ideas in relation to third parties. Within the scope of projects, the member/user may, where applicable, have the opportunity to subject his design/idea to open content licensing terms(such as Creative Commons licensing). Whether this is the case for the content in question (including the associated details), it will be specified in the relevant briefing.

 

6.1.7 Pictosis reserves the right to display third-party advertising in members/users profiles and to reserve advertising space on the profile pages for this purpose.

 

6.1.8 Notwithstanding the opportunity to present his own designs/ideas and the associated self-promotion this provides, the member/user may not use the member/user profile to advertise his own commercial offering(in the form of price lists, etc.). Any advertising for third-party offerings is forbidden.

 

6.2 Granting of Rights of Use to the Client/Design Customers by Participating in a Project or Submitting a Design/Idea

 

6.2.1 By participating in a project, the member/user grants to the project’s client or the design/idea customer the non-exclusive right of use, without restriction on content, time or space, to present the design/idea or work as such outside of design/advertising campaigns or in order to promote the project, alone or together with the designs/idea and works of other members/users participating in the project, in any medium, whereby pictosis explicitly requires the original author to be named. Moreover, the member/users grants to the client the right to use the designs/ideas and works for the purpose of internal and external market research and for preparing the purchase of the exclusive rights of use to the designs/ideas and works. This requires restrictions on the distribution of, and public accessibility to, the designs/ideas and works.

 

6.2.2 The rights to the use of the member’s/user’s designs and works for communication/advertising campaigns are governed by section 6.1 and the framework contract for work which is then concluded between pictosis and the member/user.

 

6.3 In technical terms, the platform is an userfriendly system with a large number of links. Member/User content builds on from different member/user content and is cross-linked with it in many ways, etc. In addition, as a platform for creative services, the platform must provide a high degree of transparency and traceability – also covering the possibility of investigating or searching through events set in the past. The granting of rights of use in accordance with this section 6 is therefore irrevocable and extends beyond any end date of the member/user agreement. Content submitted by the member/user to the platform can therefore remain accessible on the platform even after this member/user agreement terminates or the member/user is no longer a member/user of the platform for other reasons.

 

  1. IMPERMISSIBLE CONTENT

 

7.1 The member/user assures pictosis that he will not submit to the platform any illegal or other impermissible content in accordance with this clause, nor will he offer such content, make such content accessible or advertise it.

 

The applies in particular to content(especially graphics, videos, photographs, pieces of music and text):

 

  • Which contravenes the provisions of the International criminal code or other criminal norms and/or represents means of propaganda,

 

  • Which challenges the free democratic basic order or the concept of international understanding,

 

  • Which incites hate against sections of the population or against a specific national, racial, religious or ethnic group, which advocates violence or arbitrary acts against them, which attacks the dignity of others by insulting, maliciously offending or defaming sections of the population or any of the aforementioned groups or which depicts cruel or otherwise brutal violence against humans in any way,

 

  • Which glorifies or trivializes such acts of violence or which portrays the cruelty or brutality of an action in a manner that violates human dignity; this also applies to virtual representations that glorify war, violate human dignity, in particular through the portrayal of people dying or who are or have been exposed to extreme physical or mental suffering, while reporting actual facts without any justified public interest in such form of representation or reporting being given; any agreement granted is irrelevant,

 

  • Which portrays children or young people in unnatural and blatantly sexual positions, which is pornographic or which depicts violence, the sexual abuse of children or young people or sexual acts between humans and animals.

 

  • Which in any other way is pornographic and/or is clearly likely to seriously endanger the development of children and young people or their upbringing to become independent and active members of society, taking into account the specific effect of the medium of transmission.

 

The member/user must notify pictosis of any content which is likely to pose a risk to the development of children and young people or their upbringing to become independent and active members of society.

 

7.2 All the above provisions also apply to virtual representations.

 

7.3 In particular, content that is insulting, defamatory or is any other way derogatory is also illegal.

 

7.4 Content is also prohibited which infringes the right to the protection of personal privacy and the right to one’s own image, since it infringes the rights of third parties. The member/user must, in particular, guarantee that photographs, graphics and videos submitted only depict persons who consent to the publication of their image on platforms such as pictosis.com and to its further use by a company, above all in advertising communication. It is immaterial in this context whether the works involve only a person who is incidental to the subject, i.e. is in the background of the main motif of the image, photograph or video, largely escapes the attention of the viewer and has no influence on the subject of the work. The consent of the appropriate legal representative must be obtained if the person depicted has no full legal capacity.

 

7.5 Content is also prohibited whose use on the platform or by third parties, in particular clients, would infringe rights relating to copyright, design, performance protection rights and trademarks of third parties.

 

7.6 Furthermore, the member/user is not allowed to set hyperlinks in his member profile that reference offerings of third parties when the websites concerned include content that is covered by the above provisions.

 

7.7 Content that infringes the above provisions, or any other objectionable content, may be reported to pictosis using a procedure intended for this purpose.

 

  1. VIRUSES, ETC.

 

It is forbidden to upload viruses, Trojans, corresponding scripts and programs and similar harmful code to the platform. The same applies to denial-of-service and similar attacks like hacking on the platform and/or individual member profiles.

 

  1. RATING AND COMMENTING ON OTHER MEMBERS’/USERS’ IDEAS

 

9.1 Under certain circumstances, members/users may rate and comment upon the designs/ideas and associated works of other members/users in the course of a project.

 

9.2 Ratings and comments are publicly accessible(for public project).

 

9.3 Ratings are processed using a 5 stars rating via unique logged in user system(only 1 rating per idea by user).

 

9.4 Ratings can’t be changed once user clicks the 5 stars rating system(be aware of this when you rate ideas).

 

  1. VOTING FUNCTION

 

10.1 Members/Users(and not members if it’s the case) must endeavor to be as objective as possible in the instance they apply the voting. The following rules apply in order to guarantee fairplay in voting:

 

  • As voting ratings are only use as hints by the client, it doesn’t matter if the member/user gives a rating to designs/ideas with whose development he was involved.

 

  • Furthermore, it is forbidden to give ratings using false or third-party member/user accounts.

 

  • The member/user undertakes to submit objective ratings and to use the full range of the voting system to achieve the fairplay.

 

  • The member/user is obliged to respect the rights of other members/users in ratings and comments. In particular, this involves refraining from insulting other members/users or harming their designs/ideas. Criticism is allowed, but it must be objective and appropriate to collaborate in the improvement of such design/idea work subject, otherwise, that member/user will be reported with the chance to be temporarily or permanently exclude from the platform.

 

  • Furthermore, it is not allowed to collude with other members/users in order to express or submit specific comments or ratings.

 

  • It is not permitted to induce other members/users to submit specific ratings, whether through the use of threats, the offer of benefits, the submission of mutually positive ratings, or in any other way.

 

10.2 In cases where pictosis suspects that the rules have been infringed, it may disable the member/user account(s) temporarily or permanently, exclude the member(s)/user(s) from the platform and/or, in the event of repeated infringements, exercise its right of extraordinary termination of contract. Pictosis monitors and analyses all voting processes and will intervene where necessary. Pictosis reserves the right to annul the votes of individual members when it suspects manipulation and may, as a consequence, modify the result of a project appropriately.

 

  1. MEMBER’S/USER’S GUARANTEE, INDEMNITY

 

11.1 The member/user guarantees that he has developed all designs/ideas, and works associated with the designs/ideas together with the individual elements, himself, and that he is the owner of all rights that are necessary in order to grant the rights of use in accordance with section 6 and to meet any other applicable conditions. The member/user also guarantees that his designs/ideas and associated works are free of any third-party rights.

 

11.2 In the event that claims are asserted against pictosis by third parties, the member/user will indemnify pictosis from any liability and costs, including any costs of legal proceedings.

 

11.3 The same applies in the event of claims asserted by third parties when the member/user culpably infringes legal positions of third parties, in particular trademark rights or personal rights, or other legal provisions (such as prohibitions contained in the international copyrights laws through the subject of the content, irrespective of the copyright thereto.

 

  1. PICTOSIS LIABILITY

 

Pictosis is liable in accordance with legal provisions subject to the following restrictions:

 

12.1 Pictosis will not be liable for damage suffered by the member/user as a result of the loss of data where the damage would have been avoided through a regular and complete backup of all relevant data by the member/user.

 

12.2 In the event of slightly negligent actions or omissions, liability on the part of pictosis is excluded for damage which is not normally associated with this type of agreement or which was unforeseen, unless injury to life, body or health is involved.

 

  1. INFRINGEMENTS OF THE GENERAL TERMS OF USE

 

Pictosis reserves the right to caution the member/user after infringements against these general terms of use and/or to temporarily or permanently disable his member/user account in order ensure that he observes his obligations. The member/user will be notified of any caution or disabled account in written form. The contractual relationship may also be terminated in exceptional circumstances.

 

  1. TERM AND TERMINATION OF THE MEMBER AGREEMENT

 

14.1 These terms of use are concluded for an indefinite period.

 

14.2 They can be terminated by the member/user at any time with a period of notice of two weeks. The two-week period of notice also applies to pictosis. However, pictosis will not give normal notice of termination of a member/user account where the member/user concerned is currently participating in a project.

 

14.3 Pictosis and the member/user are, however, entitled to give immediate notice of termination in exceptional circumstances for important reasons. Pictosis may give notice of termination in exceptional circumstances, in particular in the event of infringements against these terms of use, especially infringement against the obligation to accurately provide the required details, against the principles of fairplay, in the event of loss, or on suspicion of the misuse of login data through a third party.

 

14.4 In the event that a member/user account is disabled or pictosis terminates the agreement for an important reason, the member/user concerned is prohibited from re-registering for the platform and opening a new account subject to the express prior consent of Pictosis.

 

14.5 The granting of rights of use in accordance with section 6 remains unaffected by the termination of the contractual relationship between the member/user and pictosis and the underlying terms of use.

 

  1. DATA PROTECTION

 

All data is protected by pictosis and will not be shared or sold to any third party. It’s totally private, confidential and is safely protected within the platform operator.

 

  1. CHANGES TO THE TERMS OF USE

 

16.1 Pictosis reserves the right to change the general terms of use at any time without notice. Changes or new general terms of use will be communicated to the member by email.

 

16.2 The new terms of use will be regarded as agreed if the member fails to challenge their validity within 14 days of receiving them by e-mail. Any objection must be made in writing. In its e-mail, pictosis will make special mention of the possibility of objection, of the deadline and of the consequences of the member failing to act. If the member/user objects, each party is entitled to terminate the member/user agreement in writing with a period of notice applicable for normal termination.

 

16.3 The possibility of changing the general terms of use in accordance with the aforementioned provisions does not exist for modifications that have a negative effect on the content and extent of core use options of the platform, i.e. especially participation in projects, and for the introduction of new obligations for the member that were previously not contained in the general terms of use.

 

  1. FINAL PROVISIONS

 

17.1 The copyrights laws will apply exclusively to the contractual relationship between pictosis and the members/users and to these general terms of use.