Terms & Conditions
Learn more about the terms and conditions covering participation in the PokaMax Designer Program (let's call it the "Program"). The info on this page is what you agree to when you sign up for our program. As we are constantly tweaking our program to give you the most benefit, we will update any changes on this page. If you have any questions or comments, please e-mail us at service@pokamax.com.
Program Benefits
Free Category Site. When you become a member of the Program, you're able to select an artist name that will be used for your personal personalized PokaMax storefront, and we'll host your storefront for free. We ask that you refrain from creating any addresses that could be considered infringing, misleading, inappropriate, or otherwise objectionable, and we retain the right to take appropriate action, including the cancellation of any selected names that don't live up to these standards.
Guaranteed Profit on Every Order. We'll handle all the production and shipping of the products you sell from your storefront, and you'll receive 0,20 EUR commission when a customer has come to PokaMax via any source.
Payment and Reporting.
We offer realtime reporting and a self payment system of the Program, and have integrated the initial signup for both programs to make it as easy as possible for you. We will e-mail you your PokaMax Account information after you sign up for PokaMax, and we will send you your Commission via direct deposit or PayPal after it exceeds €
Exposure. In addition to the online exposure of your new Postcard Gallery, you will be able to deep link to each of your cards and increase your sales
General Program Information
Your Images
The copyrights in the images remain unchanged by your submission of those images to us, and no exclusivity or related ownership right is created by your submission, though we do retain the right to store and use those images to create the cards for your clients and to display them on PokaMax or PokaMax related pages. You must have the right to provide those images to us without violating the rights of any party. Greater specifics are described in the "Legal" section below.
Branding We each acknowledge the value of our respective brands, and so it is critical to ensure that trademarks are honored in the course of offering this Program. We appreciate your support of the Program; please make sure that there are no misleading or negative impressions created by the use of the materials or your actions. If you have any questions regarding appropriate branding attribution or usage, please contact us at service@pokamax.com before using any of the PokaMax branding or trademarks.
When you sign up for the Program, we use the contact information (name, address, e-mail) you provided to create your PokaMax Designer Account.
Legal
Images Rights and License. You may not submit photos that could infringe any rights of privacy, publicity or copyrights, unless you have the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the photos. Furthermore, you may not submit any photos that may give rise to any civil or criminal liability under applicable law, or expose PokaMax or its legal affiliates or partners to the threat of the same. We reserve the right to delete, move, edit images, or suspend viewing or printing of images if, in our sole discretion, we deem any submission abusive, defamatory, or in violation of copyright, trademark, or privacy laws or otherwise inappropriate or likely to lead to civil or criminal liability.
In the event that you post, submit or upload to your storefront, the PokaMax site, or as part of the Program, any materials including, without limitation, photographs and other images, text, graphics, videos, visuals, sounds, data, files, links and other materials (collectively, "Materials"), you will retain ownership of such Materials, and you hereby grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform (publicly or otherwise) such Materials, solely in connection with the Program. Please note that, while you retain ownership of your Materials, any design, template or layout in which you arrange or organize such Materials through tools and features made available through PokaMax are not proprietary to you, and can be used by PokaMax and others for any purposes. You acknowledge and agree that you have no rights in any such design, template and/or layout, and such template or layout shall be the sole and exclusive property of PokaMax or its licensors.
You represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to your Materials, (ii) your Materials do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, and (iii) you hereby consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in a Materials to use such individual's likeness, for purposes of using and otherwise exploiting the Material in the manner contemplated by these terms and conditions or, if any such identifiable individual is under the age of eighteen, you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to PokaMax a copy of any such consents, releases and/or permissions upon PokaMax's request).
None of the Materials will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Materials. You acknowledge and agree that we may (but are not obligated to) do any or all of the following, at our discretion: (a) monitor and/or filter any Materials (b) alter, remove, or refuse to send, transmit or otherwise use any Materials (including, without limitation, by suspending the processing and shipping of any order relating to any Materials); and/or (c) disclose any Materials, and the circumstances surrounding the transmission or use thereof, to any third party in order to operate the Program.
Please note that our community members may report Materials that they believe to be inappropriate. PokaMax has the right, but no obligation to remove Materials in response to user reports or requests. PokaMax is not responsible for, and will have no liability for, the removal or non-removal of any Materials.
DMCA. PokaMax is committed to protecting copyrights and expects users of the Program to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the PokaMax site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. More information may be found at http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act DMCA notices and counter-notices should be sent to:
PokaMax GmbH
Lortzingstr. 15
97074 Würzburg
GERMANY
Artist name.
You select a unique Artist name when you create a storefront as part of the Program. We do not guarantee the availability of any particular web page or URL, and we reserve the right, at any time and in our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL. In such cases, we may, at our option, provide you with another web page and URL.
Indemnity. You agree to indemnify, defend and hold PokaMax, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers harmless from and against all claims, liabilities (including tax liabilities or penalties), losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any liabilities to any third parties (including taxing authorities), or any activity related to the Program (including negligent or wrongful conduct) by you or any other person accessing or using your account.
Disclaimer. While we continually pursue excellence and strive to make our Program and services as robust as possible, we recognize that there are limitations. Thus, the PROGRAM AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, POKAMAX EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. POKAMAX MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. POKAMAX MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED ON OR THROUGH POKAMAX'S SITE OR THE PROGRAM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM POKAMAX OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Tax Disclaimer. You alone shall be responsible for the payment of any tax that arises as a result of receiving payment from PokaMax. PokaMax will have no involvement in the processing of your tax form.
Limitation of Liability.
To the fullest extent permitted by applicable law, under no circumstances shall PokaMax be liable for any indirect, incidental, special, punitive or consequential damages, including, but not limited to, damages for loss of profits, use, data or other intangibles, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if PokaMax has been advised of the possibility of such damages, that result from your access to or use of, or inability to access or use the Program or PokaMax's site or services, from any changes to the site or its services, or from unauthorized access to or alteration of your submissions or data. You specifically acknowledge that PokaMax is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, PokaMax with have no liability to you or to any third party for any third-party content uploaded onto or downloaded from the site or through the service. You agree that the aggregate liability of PokaMax to you for any and all claims arising from the use of the Program, site or service is limited to the amounts you have previously paid to PokaMax, or 20€, whichever is greater. Some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the above limitations may not apply to you.
Governing Law; Claims. These terms and conditions and any disputes arising therefrom will be governed by and interpreted in accordance with the laws of Germany without regard to conflicts of law provisions. The parties consent and agree to the exclusive jurisdiction of the District Court for Würzburg. Any action hereunder must be brought, if at all, within 6 months from the accrual of the cause of action.
Miscellaneous. We may assign our rights and responsibilities hereunder without notice to you. If any part of these terms and conditions is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the terms and conditions will continue in effect.
Revised as of May 29, 2015