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TERMS & CONDITIONS FOR PHOTOGRAPHERSAND ARTISTSUSE OF THE WEBSITE

Please read carefully the following terms and conditions before using the websites www.printler.se and www.printler.com (jointly the “Website”).


1. General

The Website is the property of Printler Group AB, Reg No. 559114-9173 (“Printler”). By accessing and using the Website, you acknowledge and agree to be bound by these terms and conditions. 


2. The Service

Printler offers a wall art print market where photographers and artists (“You” or the “Seller”) can upload wall art to an online wall art gallery. Private individuals and/or companies/organizations can then purchase framed high-quality large format prints (each a “Framed Photo”) and/or posters (each a “Poster”) through the Website.


3. Registration

Registration to this Website is free. When you make a registration, you shall provide Printler with true, current, and complete information as requested in the registration form. You are responsible for at all times keeping your information updated and complete. You are only allowed to register one account. 

You hereby agree that you will be entirely responsible for all access to and use of your account.

When you upload wall art through the Website, you warrant that you are at least 18 years of age and that you are otherwise eligible to enter into this agreement.  


4. Rules of conduct

You may use the Website for lawful purposes only. You may not disgrace or in any other way defame people visible in your uploaded wall art. You expressly understand and agree that when uploading wall art to the Website or when communicating via the Website you may not post, transmit or otherwise distribute illegal material.

Further you undertake not to:

i) defame, abuse, harass, threaten, or otherwise violate the legal rights of others or of any third party including Printler,

ii) in any manner publish or post any inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, indecent or otherwise unlawful topic, material or information, 

iii) contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm Printler or the Website in any way,

iv) publish or otherwise make available images, wall art or other material protected by intellectual property laws unless you own or control the rights thereto or have obtained the necessary consent for your publication,

v) falsify or delete any information, such as information about the author or proprietary designations or labels of sighted origin or similar information contained in the wall art, or

vi) download any content that is available through the Website that you know, or should reasonably know, cannot be reproduced, displayed, and/or distributed without   committing copyright infringement.  

Printler does not claim that the information listed above, with respect to what may be considered illegal or improper and thus may not appear on the Website, is complete or exhaustive. You are solely responsible for ensuring that the wall art and information you post on the Website does not violate applicable laws and regulations. You are personally responsible for your gallery.


5. License and renumeration

Unless otherwise agreed, you can upload up to fifteen (15) pieces of wall art on the Website at the same time. By uploading and storing the wall art on the Website, you give Printler an unlimited right to format-customizing, storing, copying, printing, and selling the wall art and freely use the wall art for marketing purposes by making it available to the public and influencers regardless of the media- and marketing channel and to assign these rights to potential business partners. When you delete the wall art from the Website, Printler's right to use the wall art expires with the following two exceptions:

1. Printler has the right to complete orders placed by the customer before the deletion has been effected, and

2. Printler has the right to freely use marketing materials containing deleted wall art (however, Printler always strives to use on the Website available wall art in its marketing).  

In addition to the compensation, you will receive when Printler sells Posters and Framed Photos of your wall art to the customer (see below), you hereby confirm that no other compensation will be required from Printler for the use of the wall art. 

To ensure that the uploaded wall art is suitable for large format prints, each uploaded piece of wall art shall be taken with appropriate equipment (camera, software etc.) and meet the following technical requirements:

i) resolution: at least 10 Megapixels (although 14 Megapixels or higher is preferred),

ii) quality: JPEG:12, and

iii) colour profile: RGB-profiles are required (Adobe RGB is preferred).

You understand and agree that the right to be mentioned as photographer, artist or copyright owner has been waived. However, Printler always strives to name the photographer or creator of the wall art as well as the name of the piece of wall art.   

Wall art containing identifiable individual(s) and/or property and other design elements prohibited for wall art must be accompanied by a signed document in which the individual or rightful owner gives his/her consent.

You are entitled to remuneration equal to 20 percent of the sales price (excluding VAT) for all Posters. For Framed Photos, the remuneration equals 25 percent of the sales price (excluding VAT). 

For Sellers registered for Swedish F-tax with a VAT number, Printler offers and the Seller hereby accepts to use self-billing (Sw: självfakturering) and Printler will consequently, on the Sellers’ behalf, prepare and issue such invoice and then settle the invoice. 

In order to arrange for such self-billing, the Seller hereby accepts and confirms that:

  1. Printler can issue invoices on the Seller’s behalf,
  2. the Seller will not issue invoices for any sold Posters/Framed Photos (since Printler will issue the invoice on behalf of the Seller), and
  3. the Seller will inform Printler as soon as it ceases being registered for F-tax and VAT.

Printler undertakes to include information in the invoice stating that it is a self-billing invoice. For the avoidance of doubt, the Seller will always be responsible for the invoices and their correctness. Should the Seller become aware of a mistake or an incorrectness in an invoice, the Seller undertakes to notify Printler in writing within 10 days of the Seller’s receipt of such invoice. If such notice is not given, the invoice will be deemed accepted by the Seller. 

Remuneration to the Seller is paid monthly in arrears after a Framed Photo/Poster has been sold and paid for by the customer, and the customer’s period for cancellation (Sw: ångerrätt) has expired. 

Payment of remuneration to the Seller is made only through PayPal or any other payment solution as designated by Printler in writing from time to time. It is the Seller’s responsibility to create and assign a PayPal or such other account to be used for settling payments hereunder.  

The Seller shall always be responsible for any and all taxes and fees associated with the remuneration paid out by Printler, and hence, the remuneration paid shall be deemed to include any and all such taxes and fees, and Printler shall under no circumstance be liable to pay any additional taxes or fees to the Seller or any third party.  


6. Intellectual property rights and warrants

You warrant that you hold the necessary rights to the wall art that you place on the Website, either by creating it yourself, or that everyone who has participated has given you permission to use the wall art on the Website in accordance with these terms and conditions.

This means that you guarantee that the wall art does not contain intellectual property protected material, such as image, logo or other material that you are not permitted to use.

You guarantee that you have ensured that the people who can be identified by the wall art (for example in an image or by their name) are aware of how the material will be used and that they have agreed to participate in the wall art and that Printler may also use the wall art for marketing purposes.


7. Data protection and privacy 

Printler cares about privacy and protecting the personal data processed by Printler and all personal data is processed in accordance with applicable data protections legislation. 

Visits to the Website can be made without having to provide any personal data or accept cookies. However, if you choose to use our services and register yourself on the Website, you will provide us with personal data. Information about how we collect, process and share such personal data is provided below. Further down we also provide information about the rights you have in relation to us as controller of your personal data as well as our contact details. Printlers’ privacy policy is found at the Website. 

What personal data do we collect and process?  

The personal data Printler collects and processes is given names and surnames, e-mail addresses, telephone numbers, place of residence, addresses, personal ID numbers, account name, logging, IP-addresses and device information. 

What are the purposes of our processing?

The purposes and aims of the processing of personal data are to:

  1. create user accounts, 
  2. create presentations of the Seller, 
  3. arrange payments, and 
  4. register user logins and Facebook retargeting. 

In relation to iv) above, Printler also use cookies (for more information see cookies). 

The name of the Seller may be published on the Website next to the Seller’s wall art. Please notify Printler in case you do not want your name to be published. Printler may use your name in connection with images for marketing purposes through blogs and other social media. Printler may also use personal data as a basis for business and methodology development as well as for statistical purposes, risk management and marketing purposes.

What is the legal basis for Printler’s processing?

The legal basis for processing personal data is administrating the relationship and performing our obligations under the terms and conditions of this agreement. 

When Printler processes personal data in order to analyse and develop our business, and for marketing communication, processing is based on our legitimate interests in improving and marketing our business.  

Who has access to the personal data that we process? 

Your personal data is processed mainly by us at Printler. We will never sell your personal data. In some cases, we share your personal data in order to fulfil our obligations to you in a good and effective manner:

  • To arrange for payments, our payment solution providers will have access to your personal data?
  • In order for us to be able to deliver your products to your home address or delivery point and to handle returns, we will share your personal data with shipping companies.
  • In order to obtain and publish your possible reviews on the ebsite, we share your personal data with the supplier who provides us with technical solutions to collect and publish the reviews.
  • In order to promote our products and to make the Website as relevant as possible, we share your personal data with those who provide us with marketing services, e.g. Google and Facebook.

Transfers to third countries

Printler will not transfer personal data to any third country (i.e. a country outside of the EU/EEA).

How long will we keep personal data?

We do not save your personal data longer than necessary given the purpose of the processing, unless otherwise required by law. 

What rights do you have in connection to our processing of your personal data? 

You have the right to know what personal data we process about you. You also have the right to request that we rectify or erase inaccurate personal data about you. You are also entitled to object to specific processing of personal data and request that processing of personal data shall be restricted. Finally, you have the right to receive, in machine-readable format, personal data you have provided, and have the data transferred to another party for data protection. 

Security

Printler shall take all appropriate technical and organisational security measures which are necessary to the safeguard the personal data against unauthorised access, modification, or destruction. However, providing personal data over digital channels always entails a risk since it is not possible to completely protect technical systems from unauthorised access.

Personal data breach

In case of a personal data breach, Printler shall notify the supervisory authority (the Swedish Data Protection Authority) and you as required by law.

Printler shall always record any personal data breach including the facts surrounding the breach, its effects and the remedial action taken.

Cookies

The Website contains cookies. These cookies are used for various functions such as user login and Facebook retargeting.

Facebook retargeting has the following meaning. When you visit and navigate on the Website your web browsers can collect and store small pieces of data known as “cookies.” Your information gathered by browser cookies is then sent back to Printler’s server which tracks and records your behaviour on the Website. This allows Printler to send posts or ads to you via Facebook (provided that you have Facebook and that you accept the use of cookies).

If you do not accept the use of cookies, you may turn cookies off in your browser’s security settings. However, this may limit the functionality of the page. 

Contact information

Printler is the controller of the personal data processing as described above. This means that we are responsible for ensuring that the personal data are processed correctly and in accordance with applicable data protection laws.  

 

If you have any questions regarding’s processing of your personal data, please feel free to contact us by email to info@printler.com or by regular mail to Printler at: 

Printler Group AB

Att: Chief Executive Officer 

Bondegatan 21
116 33 Stockholm
Sverige

 

Anyone who has objections to, or comments on, the way we process their personal data is entitled to contact or file a complaint to the Swedish Data Inspection Board (Sw. Integritetsskyddsmyndigheten), at imy@imy.se or 08-657 61 00, which is the supervisory authority for our processing of personal data. 


8. Limitation of Liability

Printler cannot be held liable for damages caused directly or indirectly by the use of the Website and its contents.

Printler only reimburses direct costs incurred when using the Website as a direct result of negligence on the part of Printler. Printler is not responsible in any case for indirect damages such as loss of profits or other consequential damages. 


9. No warranties

Printler does not warrant continuous, uninterrupted or secure access to the Website. The operation of the Website may be disrupted by a number of factors beyond Printler's control and Printler makes no warranties regarding the functionality or availability of the Website. 


10. Indemnification

You as a user undertake to hold Printler harmless in the event that any third party claims compensation because of the wall art you have posted on the website or because you have otherwise acted in violation of these terms or in violation of applicable law or third party rights.


11. Transfer

By accepting the terms and conditions, you agree that the agreement you have entered into with Printler may be transferred to another company wholly or partly, directly or indirectly owned by Printler or to third parties in connection with a merger or acquisition of business that includes the Website. 


12. Severability

If any provision of these terms and conditions is found invalid or unenforceable, such provision shall be limited, modified or severed to the minimum extent necessary to eliminate its invalidation or unenforceability so that the balance of these Terms remain in full force and effect.


13. Governing law and disputes

These terms and conditions and all issues concerning them or any matter in relation to services performed by us are to be construed in accordance with Swedish substantive law and be settled exclusively by Swedish courts, with the Stockholm District Court (Stockholms tingsrätt) as first instance.