DESCRIPTION OF SERVICE
tiltShifted (tiltShifted or “We”) provides a platform via its website to a community of registered users (“Users” or “you”) to upload and display creative work (“Visual Content”) share comments, opinions and ideas, promote Visual Content collections, participate in contests and promotions, and license Visual Content as part of our Marketplace to other users (the “Services”). Additional Services may be offered by us from time to time. The following are the terms of service (“Terms”) for using the Site and the Services.
IN SHORT, We develop a creative community and provide services to create online portfolios and license artwork. We will develop more features and services in the future.
ACCEPTANCE OF TERMS
IN SHORT, By using tiltShifted, you agree to all the terms below.
MODIFICATION OF TERMS
tiltShifted reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms,tiltShifted will notify you by posting an announcement on the site. What constitutes a material change will be determined at tiltShifted’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any Service or viewing any Visual Content shall constitute your acceptance of the Terms as modified.
In addition, when using particular features of the Services, you shall be subject to any posted guidelines or rules applicable to such Services.
Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of tiltShifted. tiltShifted reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Visual Content at any time at its sole discretion and without prior notice. tiltShifted may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your Visual Content and you are directed to retain your own copies of all Visual Content posted on the Site.
As a condition to using Services, you are required to open an account with tiltShifted and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Services, by either terminating your email access or your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your tiltShifted account.
Services are available authorized representatives of legal entities and to individuals who are either (i) at least 18 years old to access the Marketplace, to register a normal showcase account, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site does display Visual Content containing nudity and violence that may be offensive to some.
The Services are for use by a) individuals who own Visual Content; b) entities that represent owners of Visual Content including but not limited to galleries, agents, representatives, distributors other market intermediaries; and c) individuals and entities seeking to license Visual Content. If you are the owner of the Visual Content, but not the creator, you are not allowed to upload content for the purposes of self advertising.
All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not tiltShifted are entirely responsible for all Content that you post, or otherwise submit to the Site. tiltShifted does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by tiltShifted. By way of example, and not as a limitation, you agree not to use the Services:
- To abuse, harass, threaten, impersonate or intimidate any person;
- To post or transmit, or cause to be posted or transmitted, any Visual Content or Communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
- For any purpose (including posting or viewing Visual Content) that is not permitted under the laws of the jurisdiction where you use the Services;
- To post or transmit, or cause to be posted or transmitted, any Communication designed or intended to obtain password, account, or private information from any tiltShifted user;
- To create or transmit unwanted ‘spam’ to any person or any URL
- To create multiple accounts for the purpose of voting for or against users’ Visual Content;
- To post copyrighted Visual Content or other Communications that do not belong to you or, with exception of commenting on Visual Content in Blogs, where you may post such Content with explicit mention of the author’s name and a link to the source of the Content;
- With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- To artificially inﬂate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services;
- To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- To promote or sell Visual Content of another person; or
- To sell or otherwise transfer your profile.
To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to tiltShifted at email: email@example.com.
You are solely responsible for your interactions with other users of the Site. tiltShifted reserves the right, but has no obligation, to monitor disputes between you and other users.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Please read this section carefully before posting, uploading, or otherwise submitting any Visual Content to the Site. By submitting content to the Site you are granting tiltShifted a worldwide, non-exclusive license to use the Visual Content and are representing and warranting to tiltShifted that the Visual Content is either owned or you are authorized to represent or distribute the Visual Content, and that tiltShifted is free to publish, distribute and use the Visual Content as provided in these Terms without obtaining permission, consent or any license from any third party.
In consideration of tiltShifted’s agreement to allow you to use the Services, you agree with tiltShifted as follows:
- You acknowledge that:
- Any Visual Content uploaded to your account must be created by you;
- By uploading your photographic or graphic works to tiltShifted you retain full rights to those works that you had prior to uploading;
- By posting Visual Content to the Site you grant to tiltShifted a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Visual Content in connection with the Services. This license will exist for the period during which the Visual Content is posted on the Site and will automatically terminate upon the removal of the Visual Content from the Site;
- The license granted to tiltShifted includes the right to use Visual Content fully or partially for promotional reasons and to distribute and redistribute Visual Content to other parties, websites, authorized agents, applications, and other entities, provided such Visual Content is attributed in accordance with the credits (i.e. username or collection name, profile picture, work title, descriptions, tags, and other accompanying information) if any and as appropriate, as submitted to tiltShifted (notwithstanding the foregoing, no inadvertent failure to provide attribution shall be considered a breach of these Terms);
- tiltShifted has the right to modify, alter and amend work titles, descriptions, tags, and other accompanying information for any Visual Content and the right to submit Visual Content to other parties and authorized agents for the purpose of creating tags for Visual Content;
- tiltShifted uses measures to restrict the ability of users and visitors to the Site to make high resolution copies of Visual Content posted on the Site. Notwithstanding this, tiltShifted makes no representation and warranty that Visual Content posted on the Site will not be unlawfully copied without your consent. tiltShifted does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of Visual Content posted on the Site and you hereby expressly authorize tiltShifted to permit users and visitors to the Site to make such low resolution copies of the Visual Content; and
- Subject to the terms of the foregoing license, ownership or other rights in the Visual Content including any intellectual property rights or other proprietary rights associated with the Visual Content are retained by you or the Visual Content owner represented by You.
- You represent and warrant that:
- You are the owner or the authorized representative of the owner of all rights, including all copyrights in and to all Visual Content you submit to the site;
- You have the full and complete authority and right to enter into this agreement and to grant to tiltShifted the rights in the Visual Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by tiltShifted of the Visual Content as contemplated herein; and
- The Visual Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
- You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against tiltShifted, all of which such rights are hereby expressly and irrevocably waived by you in favor of tiltShifted.
FAIR STORAGE POLICY
tiltShifted maintains a fair usage policy to ensure stable and fast service to all users. Any extreme usage may result in restrictions on your account including limited access to your portfolio or account closer.
All purchases on getinspiredmagazine.com are made exclusively on the basis of the following General Terms and Conditions. Deviating regulations are only valid if they have been agreed in writing. Should any provision of these become invalid or unenforceable, the remaining provisions of these Terms and Conditions shall remain unaffected. In place of the invalid provision, it is agreed as to what comes closest to it in a legally permissible manner. Of course, all personal names used, regardless of their grammatical form, equally refer to women and men.
1. REQUIREMENTS FOR PURCHASERS
In order to make purchases on getinspiredmagazine.com, the buyer must be able to work or come of age, otherwise the purchase requires the consent of the legal representative. All data necessary for the purchase must be complete and up-to-date. tiltShifted is not responsible for deliveries that can not be delivered due to incomplete or incorrect name or address information.
All prices are quoted in Euro (EUR) and include all taxes except customs duties in the importing country. The purchase price includes the VAT rate applicable under Dutch law. Not included are any customs fees that may apply if you order from abroad. In this case, please note the customs and import regulations to which you are subject as an importer of goods. The shipping costs are EUR 5.00 (European Union and the United States) per item / EUR 15.00 (other countries) per item. Discount on shipping may apply on orders larger than 1 item. The payment of the goods takes place exclusively in Euro (EUR). tiltShifted reserves the right to change prices, however, the price stated at the time of purchase is binding on both sides (exceptions excluded).
The ordering of goods via the webshop getinspiredmagazine.com takes place in several steps. Before finalizing the order, the final price and all the details of the order are displayed and it is possible to correct the order data. With the completion of the order comes a purchase contract. Upon receipt of the order, the customer will receive a confirmation to the e-mail address specified by him, in which all order details and the terms of payment are listed again.
By clicking on the ‘checkout’ button to complete the order, the customer accepts the terms and conditions. The stored order data of the website getinspiredmagazine.com are valid as proof of the completed transaction.
Payment is made through secure payment systems such as PayPal.
The ordered goods are packed with the utmost care and shipped within 3 to 5 working days to the delivery address specified in the order. The shipping of prints is exclusively rolled in sturdy shipping tubes. Should the shipment be delayed, the customer will receive a notification by e-mail. The choice of packaging and shipping route is the responsibility of tiltShifted. The customer accepts that the delivery may be delayed by customs formalities, in particular by disregarded import regulations or unpaid customs duties. tiltShifted is not responsible for any such delays. If the ordered product arrives damaged at the customer, tiltShifted must be notified as soon as possible.
tiltShifted guarantees the authenticity of the ordered works.
The products offered on getinspiredmagazine.com comply with Dutch law. Customers who import these products from abroad are required to comply with the import regulations of the country of destination. Product photos and texts have been compiled with great care, but are not contractually binding, in particular as regards textual errors or color deviations. tiltShifted is not responsible for purchase contracts that are not due to unavailability of a product, force majeure, restricted transport services, limited communication services, fire, floods, etc. also tiltShifted is not liable for indirect damages, especially for lost profits, business failure or costs and Fees. The contract language is English.
9. DATA PROTECTION
tiltShifted will only use personal data for order processing and in no case pass it on to third parties.
All contents of the site getinspiredmagazine.com are protected by copyright worldwide and may not be published otherwise without the prior written consent of tiltShifted.
11. CANCELLATION / CANCELLATION OF PURCHASE
A cancellation or a withdrawal from the purchase must be made in writing (by e-mail) to firstname.lastname@example.org. If the shipment has not been made at the time of cancellation, the purchase price will be refunded immediately. If you would like to cancel the purchase after receiving the goods, please inform us in advance by e-mail before returning the goods to tiltShifted. The postal address can be found on the shipping tube sticker and on the receipt inside the tube. Upon receipt of the original packaging and undamaged (!) Goods, the purchase price will be refunded immediately. The shipping costs are excluded from a refund, the return shipping is also at the expense of the buyer.
tiltShifted respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. tiltShifted will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
To notify tiltShifted of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of email@example.com and include in your notice a detailed description of the alleged Infringement sufficient to enable tiltShifted to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide tiltShifted with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at firstname.lastname@example.org. You must include in your counter notice sufficient information to enable tiltShifted to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking the advice of an attorney.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because tiltShifted has no control over such sites and resources, you acknowledge and agree that tiltShifted is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that tiltShifted shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge tiltShifted, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless tiltShifted, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or tiltShifted Username and password, (iv) the sale or use of your Marketplace Images, or (v) any violation of any rights of a third party.
tiltShifted may terminate or suspend any and all Services and/or your tiltShifted account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your tiltShifted account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to send an email with your wish to terminate your account to email@example.com. Upon termination of your account tiltShifted will automatically remove all Visual Content posted to your account.
YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. tiltShifted EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. tiltShifted DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES.
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER tiltShifted NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. tiltShifted SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, tiltShifted’ SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
YOU AND tiltShifted AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF tiltShifted AND ALL PARTIES TO ANY SUCH PROCEEDING.
The Terms shall be governed by and construed in accordance with the laws of the Netherlands.
Any controversies or disputes arising out of or relating to these Terms shall be resolved by binding arbitration. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of these Terms. The arbitration proceeding shall be conducted in English and all documentation shall be presented and filed in English. All documents, materials and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator shall not have the authority to modify any provision of these Terms or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under these Terms. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events, or occurrences giving rise to the claim.
Indemnification of tiltShifted
You, agree to defend, indemnify and hold tiltShifted, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services. tiltShifted reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. Any rule of construction stating that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. If one or more of the provisions herein shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. Any inconsistency between these Terms in English and these Terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any prior, subsequent or other default or breach.
IN SHORT, We are not liable if things go really wrong. Things can happen — we are not responsible.
Last updated: 6 November 2019