Terms and Conditions

Legal information

• The present terms of use (the “Terms of Use”) govern the relationship between any user (the “User(s)” or “you”) of the website www.depixit.com (the “Website”) and company Depixit Sàrl, a limited liability company having a corporate capital of EUR 12.500,-, established and incorporated under Luxembourg laws, having its registered office at 29, rue de Vianden L-2680 Luxembourg, registered with the Luxembourg Trade and Companies Register under number B203817, holder of a business authorization delivered by the Luxembourg Ministry of Economy under Number 10065839/0.

DEPIXIT may be contacted at the following address:

Depixit S.à r.l.
29, rue de Vianden
L-2680 Luxembourg
Luxembourg
E-mail: info@depixit.com

• Scope
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• The Website is owned and operated by DEPIXIT.
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• The Website is a “teasing” platform. Users (the “Suppliers”) can upload content which will be encrypted by DEPIXIT.
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• The Terms of Use apply to any User of the Website (Suppliers, Contributors, or visitors of the Website).
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• By accessing or using the Website, either from a computer or from a mobile device, you agree to these Terms of Use. Read carefully the Terms of Use before using the Website. If you do not agree to these Terms of Use, you should not access or use the Website. Additional terms may apply to certain services provided by DEPIXIT.
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• DEPIXIT may amend these Terms of Use at any time and without notice. DEPIXIT encourages you to review these Terms of Use whenever you visit the Website. If there are material changes to the Terms of Use or in how DEPIXIT will use your personal data, DEPIXIT will notify Users by prominently posting a notice of such changes on its Website. Your continued access or use of the Website after any such changes are published on the Website will constitute your acceptance of these changes.
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• These Terms of Use constitute the whole agreement between DEPIXIT and the User (together the “Parties”).

Access to the Website

The Website is freely accessible to anyone who has an Internet access. All costs relating to the access and use of the Website, whether costs for hardware, software or Internet access, shall be borne exclusively by the Users.

Users are responsible for the proper functioning of their computer equipment and Internet access.

Some sections of the Website may be reserved to Users who have previously created an account under the conditions set out below and are duly identified with their user name and password.

DEPIXIT reserves the right to refuse access to the Website, unilaterally and without prior notice, to any User not respecting the Terms of Use.

DEPIXIT shall not be held liable for the use of any software or hardware selected by the User.

Creation of an account and login credentials

Creation of an account

Any User willing to publish uploaded content (the “Uploaded content”) on the Website, must register by choosing a user name and password, by indicating an email address and by confirming his registration by clicking on the "Join Now" button or by using the "Join with Facebook" option.

To ensure the proper entry of this information, an email will be automatically sent to the User acknowledging safe receipt of its registration. If Users do not receive this email, they are invited to check the address they have provided or check their inbox.

When creating their account, Users expressly undertake not to use false information or information from third parties.

On the occasion of subsequent visits to the Website, Users may access their account by entering the user name and password chosen when creating the account.

Users may deactivate their account by clicking on the “Deactivate my account” button.

Without an account, only one image every five minutes can be uploaded.

Login credentials

The username and password (the "Login credentials") as chosen when creating the account are specific to the User, personal and confidential.

The User is responsible for maintaining the secrecy and security of its Login credentials, and is fully and exclusively responsible for all activities that occur using its Login credentials, regardless of whether such activities are undertaken by the User or a third party. Any use of Login credentials will be deemed to have been made by the User to which they relate or by a person duly authorized by the User.

Users are warned of the inherent insecurity of the use of automatic memory function of Login credentials that their computer system can allow, and therefore assume full responsibility for the use and possible consequences of such a function.

Therefore, DEPIXIT shall in no event be held liable for any consequences resulting from illicit use, fraud or abuse of Login credentials by a third party not expressly authorized by the User to which they relate and which results from the User’s fault or negligence.

In cases of theft or misappropriation of Login credentials, the User shall immediately notify DEPIXIT by email.

Use of the Website

Users may not interfere with the security of, or otherwise abuse, the Website or any system resources, services or networks connected to or accessible through the Website.

Users may only use the Website for lawful purposes. Users are also prohibited from using the Website to defame, abuse, harass, stalk, threaten or otherwise violate legal rights of others.

Specific provisions for Contributors

Withdrawing of Uploaded content from the Website

DEPIXIT reserves the discretionary right to withdraw immediately from the Website, without prior notice and justification, any Uploaded content in breach of the conditions set out in the present Terms of Use.

DEPIXIT can not be held liable if the Uploaded content is found to be in breach with the present Terms of Use.

Specific provision for Suppliers

Uploading process

To be posted on the Website, Uploaded content must not (i) infringe the rights of third parties, including the right to privacy and data protection, image rights and intellectual property rights, or (ii) promote, support, strengthen or incite the commission of illegal activities or contrary to public order and morality.

DEPIXIT reserves the discretion to assess whether these conditions are met and therefore the right to accept or reject the Uploaded content without having to justify its decision, according to its own assessment of these criteria.

Uploaded content will particularly not be posted on the Website if there are found to be intellectual property violation, child pornography, illegal content or if it raises integrity issues.

Uploaded content will be encrypted by the DEPIXIT Image Encryption Algorythm (DIA) before being posted online to DEPIXIT.

Intellectual Property

The Supplier is responsible for any content he/she uploaded on the Website and agrees to obtain all necessary rights and authorizations, particularly in terms of image rights and intellectual property rights, whatever it may be, allowing him/her to upload that content on the Website.

If DEPIXIT becomes the subject of any dispute or extra-litigation claim, administrative, civil or criminal action, due to a third party alleging a violation of his/her rights or having suffered a damage as a result of the contents published by the Supplier on the Website, the Supplier agrees to hold harmless and indemnify DEPIXIT for any consequences, direct or indirect, financial or another which may result from such dispute, claim or action, at first request from DEPIXIT.

The Supplier grants DEPIXIT for free, throughout the world and for the duration of the Parties’ relationship, all the intellectual property rights required to enable DEPIXIT to disseminate the Uploaded content on the Website, and agrees not to contest the use of the Uploaded content by DEPIXIT.

The Supplier also agrees to authorize the Users to use the Uploaded contents for personal use only. Users/Contributors shall refrain to make any unlawful, commercial, or promotional use of the Uploaded contents.

Notice and procedure for reporting Users or Uploaded contents

DEPIXIT respects other people rights, and in particular intellectual property rights of others, and expects Users to do the same. However, DEPIXIT assumes no liability regarding the Uploaded content or any content posted online by the Users.

DEPIXIT can remove any content or information posted on the Website by Users if DEPIXIT believe that it violates the Terms of Use.

DEPIXIT also provides Users with tools to help them to protect their intellectual property rights or themselves.

If you believe that a User (i) is using your work without your permission in a way that constitutes copyright or trademark infringement, or your intellectual property rights have been otherwise violated, or (ii) is harassing you or spamming, or (iii) if you notice that a User is not a real person or that an account is a fake, you may wish to submit a report by using the Report User form.

If you believe that an Uploaded content (i) is violating your copyrights, (ii) is not safe for life or (iii) is illegal, you may wish to submit a report by using the Report image form.

The fastest and easiest way to send a claim is by using our online forms. However, if you wish to contact our designated agent through traditional methods, you can contact him by writing at:

If you do so, you must include the following information in your claim:

• Your contact information (full name, mailing address, email address and phone number),
• A description of the content that you want to report,
• A description of the copyrighted work or other intellectual property that you claim has been infringed. Regarding trademarks infringement, please provide DEPIXIT with a copy of the trademark registration certificate,
• A declaration that your claim is accurate, and, regarding Intellectual property infringement, that (i) you believe in good faith that the use of the content described above is not authorized by the IP rights owner, its agent or the law, and that you are duly authorized to act on behalf of the owner of the IP rights that is allegedly infringed,
• Your electronic signature or physical signature.

If you repeatedly infringe other people’s intellectual property rights, DEPIXIT reserves the right to disable your account.

If DEPIXIT disables your account, you will not create another one without DEPIXIT’s prior authorization.

Intellectual Property

All elements of the Website, including its structure, its graphics, its source or object code and its content (including, but not limited to, texts, graphics, images, photographs, videos, information, logos, icons, buttons, software, audio and other files, databases) are the property of DEPIXIT and may be protected by intellectual property laws, and notably by copyright and trademark laws.

DEPIXIT allows the User to access and use the Website and its contents exclusively for personal purposes. Any professional or commercial use of these elements is strictly prohibited. Users may not create derivative works from or otherwise exploit the elements of the Website in any way.

DEPIXIT reserves all rights on the Website. Access to and use of the Website cannot be considered as an assignment or a license agreement. Consequently, Users are prohibited from using the Website for purposes other than those mentioned above, including reproducing or publicly displaying, modifying, performing extraction or decompilation of all or part of the Website, including in particular its structure, its graphics, its object code or source and its content (including texts, graphics, images, video, information, logos, icons, buttons, software, audio and other files, databases), without the prior and written express consent of DEPIXIT.

Users may not use metatags or any other hidden text containing the word “DEPIXIT” or any other name, trademark, or product or service name of DEPIXIT, without DEPIXIT’s prior written permission.

Any non-authorized use of the Website, in whole or in part, or of any of its components, including DEPIXIT trademark(s), by any process whatsoever, constitutes an infringement punishable by law.

Functioning, modification, suspension or interruption of the Website

DEPIXIT reserves the right, at any time, without the need to give prior notice to the Users, to interrupt temporarily the access to all or part of the Website for technical reasons, updating of the present Terms of Use or compliance of the Website with any legal or regulatory provisions.
DEPIXIT cannot be held liable for malfunctions or failures of the network or servers or other technical malfunction beyond its reasonable control that prevent or alter access to all or part of the Website, nor in the case of a force majeure event, as defined below.
DEPIXIT can also not be held liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact the User use of its computer equipment, or other property, which may result from User access or use to the Website.
The User's attention is drawn to Internet limitations and constraints and to the fact that DEPIXIT cannot therefore guarantee the total security of data exchanges. The User is expected to take all necessary measures to protect him/herself against unauthorized intrusions within his/her information system, notably by securing his/her Internet connection by a password and a security code or by using appropriate anti-virus software.
Furthermore, the User is informed that functioning of the Website and response times may vary according to his/her system of connection parameters and his/her Internet access service network. DEPIXIT assumes no responsibility in that regard.
Consequently, DEPIXIT can in no case be held liable, directly or indirectly, due to any malfunction of the Website, and notably in the case of loss of data saved by the User on his/her personal account or of a damage caused to the hardware or software used by the User to access or use the Website, caused by:

• one or more technical features inherent to Internet, or
• the computer hardware or software used by the User, or
• a misuse of the Website by the User.

Users assume all responsibility and risk for use of the Website and of its elements, including without limitation the information and content contained herein.

Currency of the Website

DEPIXIT updates the information on the Website regularly. However, DEPIXIT cannot guarantee the accuracy, currency or completeness of the information on the Website.

Force majeure

All events of force majeure, as defined by the applicable regulations and case law, constitute a cause for suspension or termination of DEPIXIT’s obligations. DEPIXIT shall have no liability toward the User if it is prevented from or delayed in performing its obligations under these Terms of Use or from carrying on its business if a force majeure event occurs.

Waiver

• DEPIXIT’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

Severance

If any provision (or part of a provision) of these Terms of Use is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties.

Hypertext links

The Website may contain links or references to other websites, including social networks, belonging to third parties. The inclusion of these links does not imply that DEPIXIT endorses these websites. DEPIXIT does not accept any responsibility for the content of these websites.
Users can make on their personal website, if any, a direct link to the home page of the Website, provided that such personal website, in whole or in part, complies with the law, the public order and morality, and is not likely to prejudice the reputation of DEPIXIT.
The inclusion of such a link on the above conditions may in no way be interpreted as an implicit affiliation agreement or as involving a contract between DEPIXIT and the owner of a third party website.
Framing and In-line linking are strictly prohibited.
In any case, any link made to the Website must be removed if requested by DEPIXIT.
Any hypertext link to the Website requires the prior written express consent of DEPIXIT.

Proof/archiving

Computer data generated as a result of access to and use of the Website (the "Connection Data") may be stored and archived within the limits prescribed by law, by DEPIXIT within its computer system, in conditions that ensure the integrity of such data.
Electronic transmission of Connection Data through the Website is considered by the Parties as evidence of the existence, content, origin, sending, integrity, date and hour, and receiving of the Connection Data; it being agreed that the sending and receipt are deemed to occur at the same time.
Connection data are considered by the Parties as proof of communications between them.
Connection data constitutes documentary evidence within the meaning of Article 1341 of the Luxembourg Civil Code and has the same probative value as a document created, received or kept in writing on paper.
Therefore, Connection Data may be validly produced as evidence by DEPIXIT and be opposed to the User in connection with any claim or action with the same value as any document created, received or kept in writing on paper, which the User expressly acknowledges.
The User agrees not to contest the admissibility, enforceability or probative value of the Connection Data purely because of their electronic nature. Users may access their Connection Data on request addressed to DEPIXIT by mail or email.

Governing law and jurisdiction

The Terms of Use are governed by, and construed in accordance with, the law of Luxembourg.
The Parties irrevocably agree the exclusive jurisdiction of the Courts of Luxembourg-City to settle any dispute or claim that arises out of or in connection with the validity, interpretation and enforcement of the Terms of Use or the access and/or use of the Website.