feedback
next next previous
Limitedpix - Terms of use

Terms of Use

Definition

The terms and expressions identified by a capital letter have the meanings indicated below:

“Artist” means a Member who uploaded at least one Artwork on the Website and has accepted the Terms of use. The Artist remains a Member except than he uploaded at least one Artwork and therefore has access to his seller/artist account.

"Artist compensation" means the compensation given to the Artist by Limitedpix for each Artwork sold.

"Artwork" means the photography and digital art artwork that the Artist uploads on the Limitedpix Platform in accordance with the Terms of use.

"Buyer" means the person or entity who buys an Artwork in one of the formats and mounting available to Limitedpix, either on the Internet through the Website, either by direct or indirect control of Limitedpix.

"Contract" means the agreement between Limitedpix and the Member/Artist resulting from the acceptance of these Terms of use by the Member.

"Limitedpix Platform" means the platform available on the Website.

"Member" means a person or an entity who signed up and created an account "Member" on the Website and has accepted these Terms of use.

"Member and Artist Service" means the functionalities and benefits provided by Limitedpix to the Member and the Artist. These include a hosting service for Artworks, an online marketplace and a pricing platform, community services such as the possibility to like, dislike, comment the Artworks, communicate with other members through group discussion forums and the ability to sell Artworks of the Artists.

"Partner" means a counterparty of Limitedpix that wants to use the Limitedpix Platform under its own brand to sell on its website and in its stores selected by Limitedpix or by the Partner. Any Purchases occurred through a counterparty is subject to Artist compensation as defined in item 5.

"Print" means the Artwork sold as prints either mounted on aluminium-dibond or framed. Buyers can exclusively buy Artworks as Prints.

"Purchase" means the act by which a Buyer pays, directly or indirectly to Limitedpix an Artwork of the Artist in one of the formats and mountings available.

"Sale Price" means the price excluding taxes (given that the VAT rate applied is 19.6%) and excluding shipping costs, paid by the Purchaser to purchase an Artwork in one of the formats and mountings available.

"Net Sale Price" mean the Sale Price less costs, e.g. costs for printing, credit card fees, paypal fees, color adjustement fees and other potential transaction fees.

"Website" means the website Limitedpix (www.limitedpix.com) and any other addresses with a different extension.

Purpose of the Terms of Use

Terms of Use are intended to define the conditions under which the Website will be used by the Members and the rights and obligations of Limitedpix and of the Member/Artist.

Prior to any use of the Website Limitedpix that belongs to the corporation Invaders Corp, a SAS company with a registered capital of 10,000 Euros, registered under number 538 606 377 with the Registry of Trade and Companies of Nancy, whose head office is located at 10 rue de la Croix Mitta, 54600 Villers-Les-Nancy in France (hereafter designated "Limitedpix") , the Member shall accept the Terms of Use, upon registration and at each launch of his photography. The Use of the Wesite is restricted to Limitedpix Members who have previously read and accepted without reservation the Terms of Use. Having agreed, the Member shall comply with these Terms of Use throughout its use of the Website Limitedpix. Terms of Use describes the rights and obligations of Members.

This document has a contract value, it is important to read it carefully before expressing its consent by ticking the box provided for this purpose. It is advisable to keep a copy hereof. This Agreement is effective on the date on which the Member agrees to the Terms of Use.

Limitedpix reserves the right to change at any time the Terms of Use. As far as possible, Limitedpix will notify the Members of the changes to the Terms of Use by email or possibly after having made ​​the announcement on the Wesite. For any changes resulting in a redefinition of the offer, Limitedpix agrees to submit to the consent of the Member of the amended Terms of Use.

Item 1: Purpose of the Website

Limitedpix operates a hosting service for distribution, an online marketplace and community services such as the ability to like, dislike, write comments on the Artworks, communicate with other Members through artist page and group discussion forums.

Limitedpix is appointed by the Artist, under the conditions of item 6, to sell through the website Artworks on which an Artist compensation will be repaid to the Artist under condition of item 5.

Limitedpix prints Artworks on different supports and frames. Therefore the Artist grants its necessary rights to Limitedpix for this activity as described in item 7.

Item 2: Registration as a Member

The Member can use the Member and Artist Service after signing up for an account on the Website. It is a prerequisite for any interaction with the Website Limitedpix (like, dislike, comment, group discussion forums, exhibit and sell Artworks).

To register, the Member chooses a username and a password that will allow access to his personal space. The Member must also indicate its email address. The Member must read and accept without reservation these Terms of use before submitting its registration to the Limitedpix Website.

The Member states he has the capacity to contract. The Website Limitedpix is open to any user who reaches the age of 18 as well as emancipated minors. Protected adults or minors are deemed to be registered by their legal representative (s) and act under its (their) supervision.

The Member agrees to keep his username and password confidential. He takes responsibility for the use of its account and all actions performed using his username and password.

The username must comply with legal disposals described in Item 8. Prohibited actions include racist, violent, erotic, pornographic usernames and usernames borrowing or recalling a well known name of a brand. In case of violation of these legal disposals, Limitedpix reserves the right to suspend without notice any account and/or request a change of the Member username. It is forbidden to open multiple accounts on the Website Limitedpix.

Item 3: Migration to an Artist account

The Member may also be considered as an Artist. As soon as the Member upload its first Artwork, it will be considered as an Artist and will have access to its seller/artist account to manage its Artworks and to a free Web Space hosted by Limitedpix. The space is available at http://www.limitedpix.com/artistusername

Artists agree the release of some information about them, like public information contained in their personal Artist page. This public information will be accessible to all Internet users, Members of the Website Limitedpix or not. These information include the username of the Artist, his country, his current location city, his biography and his equipment/techniques used if filled by the Artist.

The Artist uploads his Artworks to the Limitedpix server through the Limitedpix Paltform. Files uploaded by the Artist on theLimitedpix Platform must meet the specifications listed on the Website. Limitedpix may modify these specifications.

The Artist warrants that Artworks uploaded to Limitedpix are not original files and data, but single copies of these files and original data, which he personally ensures conservation. The Artist acknowledges and accepts that Limitedpix will not be responsible for any loss and / or damage to files and data transmitted by the Artist on the Limitedpix Platform.

For each Artwork uploaded to Limitedpix, the Artist can choose to make it available for sale as:

Item 4: Artist compensation

The artwork as prints will be offered to customers at a price defined by Limitedpix in its sole discretion: the Sale Price. The Sale Price is based on a algorithm which analyse the popularity of artwork available for sale.

The artists receive a compensation for each of their artworks sold under this agreement. This compensation shall be 50 percents of the Net Sale Price defined as the Sale Price less costs. For limited edition copies, the compension will be higher by 5 percents to 55 percents of the Net Sale Price. In any cases, the compensation can be lower than 15% of the Sale Price (guaranteed minimum).

The compension will be accumulated on artist account after payment received from the customer. Through the seller/artist account interface, the Artist can follow the history of his sales and the compension owed by Limitedpix to him. To facilitate payment management, Limitedpix will pay their compensations to Artists only until an minimum amount of 50 € is reached. Below this threshold of 50 €, the Artist may at any time require the payment of all of his compensation by sending a request to Limitedpix to Contact[at]limitedpix[dot]com stating the reasons of this request.

It is understood that in case of cancellation of the Purchase or non-receipt of the Purchase as defined in the Terms of Sales, the Artist does not entitle to any Artist compensation.

Item 5: Sale of Artworks as prints

Prints can be purchased on Internet, through the Website or its partner websites or in Partner stores with direct or indirect control of Limitedpix.

Format, mounting and Sale Price of each Artwork are defined by Limitedpix. For each Artwork uploaded to Limitedpix, the Artist can choose making his Artwork available in open or limited edition (30 or 100 copies).

Limitedpix is responsible for all the printing services, shipping and billing.
Limitedpix strives to do its best to ensure optimal distribution of the Prints and optimal operation of its Website.

Limitedpix do not guarantee of any matter any sales volume of the Prints. Limitedpix cannot be held responsible for loss of data relating to photographs on sale, problems with dissemination of photographs or any technical problem that may hinder access to the Webite Limitedpix or sale of Artworks.

Item 6: Property Rights of the Artist

Before uploading an Artwork on Limitedpix, the Artist shall accept without reservations the present Terms of use.
It is understood that any Purchase of Prints gives right to an Artist compensation in accordance to Item 6.


Artwork sold as limited edition

The Artist remains the owner of its intellectual property rights of its Artworks available for sale in limited edition.However, the Artist gives Limitedpix the rights to reproduce his Artwork exclusively for an indefinite period. This period corresponds to the sale of all of the 30 or 100 Prints component of the limited edition available on the Limitedpix Platform.
In the event that the Prints were not totally sold within two years, the Artist gets his reproduction rights back and has the ability to exploit his Artwork for a personal use.

After this time, the Artist may at any time remove his Artwork from the Limitedpix Platform, under conditions specified in Article 9.

Nevertheless, during this period, the Artist is allowed by Limitedpix to broadcast and share its Artwork on any website (such as Flickr, Devianart…) provided that the Artwork cannot be download in a format higher than 1000 x 1000 pixels.

Artwork sold as open edition

The Artist remains the owner of its intellectual property rights of its Artworks available for sale in open edition. At any time, the Artist may remove his Artwork from the Limitedpix Platform under conditions specified in Article 9.

In all cases (open and limited edition), and as soon as the Artwork has not been withdrew of the Limitedpix Platform, the Artist authorizes Limitedpix to:

The Artist is hereby notified and agrees that Limitedpix, in order to execute the Contract, may reframe, change the format of the Artwork and the Artwork alongside Artworks from other Artists. By uploading the Artwork on Limitedpix Platform, the Artist is fully aware of these technical requirements agrees them.

Item 7: Responsibility and Warranties

The Member/Artist is responsible for all the Artworks and all the content he uploads and makes available on the Platform Limitedpix.
Thus, comments, pseudonyms, Artworks, titles, descriptions and Tags related to the Artwork published by the Artist must comply with legal and regulatory. These public information shall not:

Limitedpix reserves the right to remove or suspend the account of the Member/Artist who temporarily or permanently violation of the Terms of use.
The Member warrants that he is the sole owner of the rights of the Artwork uploaded to Limitedpix or has obtained in writing, prior to make the Artworks available, all the necessary approvals.

The Artist warrants Limitedpix against any trouble, action, claim, opposition, and claim any eviction from a third party who asserts that one of the Artwork violated his rights whatsoever, and against any damage or liability incurred in the use of rights to the Artwork.

The Artist warrants that the explicit authorization of the persons depicted on the Artworks, or their contractual or legal representatives, for use of their image. The Artist is solely responsible authorizations necessary for image rights of property. The Artist agrees to justify and provide to Limitedpix a copy of all written justifying the authorizations.

The Artist warrants that it has not assigned, licensed or transferred to a third party, a part or the totality of any rights related to the Artwork and which conditions would not allow him to engage in the Terms of use. The Artist will not do so throughout the duration of his Artworks are available on the Limitedpix Platform. In case the Artist wishes to contract with a publisher, producer or company for rights collection and distribution, he must, prior to signing such a contract, remove the Artworks concerned from Limitedpix Platform under the conditions specified in Item 9. The Artist must also prevent of the fact that his Artworks have been previously released on Limitedpix Platform.

If someone finds or believes that an Artwork or other content stored on Limitedpix Website is manifestly illegal, he can notify Limitedpix by:
- Clicking the button "Report Abuse"
- Emailing to: contact[at]limitedpix[dot]com
- Addressing a letter to: Limitedpix, 12 rue de Toul, 54230 Maron, France.

Such notice shall contain the following elements:
- Your name and email address
- The type of abuse found
- The URL of the illegal content
- The reasons why you want the content to be removed from the Limitedpix Website.

In any case, the Artist authorizes the comments of other Members about his Artwork.
The artist acknowledges that Limitedpix has the ability to insert a watermark in the exhibits of the Artwork on the Website to limit copying.

Item 8: Artwork removal

At any time, the Artist can remove its Artwork from the Limitedpix Website. The removal can be done through its seller/artist account.

The removal of an Artwork involves removing all the information related to it: title, description, number of like, dislike and views, comments, number of purchases…

The Artist acknowledges that the removal of Artworks will not have effect on the Purchases made before and past uses by Limitedpix under the Terms of use.

Item 9: Termination

Termination by Limitedpix

At any time, Limitedpix reserves the ability to suspend or terminate the account of a Member at its sole discretion and for any duration.
Cases leading to a suspension or a termination of the account of a Member include but are not limited to:

Termination by the Member

At any time, the Member has the right to terminate his account. To this end, he must inform Limitedpix by email to contact[at]limitedpix[dot]com. The termination of the account will take effect by giving 15 days after the receipt of the request from the Member.

In case the Member is also an Artist, the termination leads to the removal of his Artwork in the condition defined in Item 9. The Artist acknowledges and accepts that Limitedpix retains the right to use Artworks for advertising and promotion purpose for a duration of 3 months after the termination date.

Item 10: Suspension of a personal account

In case of temporarily or permanently violation of the Terms of use as described in Item 8, Limitedpix reserves the right to suspend a Member’s account and to block its access to the Limitedpix Website. If the Member had uploaded Artworks and was recognized as an Artist, the content will be removed from the Limitedpix Platform. An email will be sent to the Member/Artist notifying the suspension of its account and the reasons for the suspension.

In addition, Limitedpix reserves the right at any time and without justification to change the access to its services and or suspend its services.

Item 11: Protection of personal data

Members must understand that certain personal data are required (such as name, username, email, country) in order for the Platform to function properly.
Limitedpix agrees to comply strictly with the provisions of the "Computers and Liberties" Law No. 78-17 of January 6th 1978. 

The site has been declared to the The Commission nationale de l’informatique et des libertés (CNIL) under number 1554191 v 0.
You can equally consult or modify your personal information in your account section on Limitedpix.com. Limitedpix is brought to collect personal information at different moments: ordering, creation of your account, Like or dislike an artwork, comment an artwork, upload of artwork with their related information. The information communicated to us will be able to be the object of computerized treatments in order to allow the handling of your artwork, the security of the payments, the expedition of the artworks and the popularity pricing. This information won't be communicated to anyone or private societies, public organisms exception of your name and address that will be communicated to our laboratory to process your order.

In accordance with Articles 38 and law 78-17 of January 6th 1978 relating to data, files and freedoms, any person may obtain and, where appropriate, correct or delete information, the Member/Artist has a right to ac