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Terms and Conditions
These terms and conditions outline the rules and regulations for the use of Digital Taxidermy Ltd’s Website, located at Digitaltaxidermy.co.uk.
IMPORTANT: All sales of files for 3D printing and laser cutting are for personal, non-commercial use. If you wish to arrange a commercial license, please contact us to arrange.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use Digital Taxidermy if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “Buyer”, “You” and “Your” refers to you, the person logged on to this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cookies
We employ the use of cookies. By accessing Digital Taxidermy, you agreed to use cookies in agreement with Digital Taxidermy Ltd’s Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Excluding user generated content created by vendors, Digital Taxidermy Ltd own the intellectual property rights for all other material on Digital Taxidermy Ltd. All intellectual property rights are reserved. You may access this from Digital Taxidermy Ltd for your own personal, non-commercial use subjected to restrictions set in these terms and conditions.
User generated content means any and all information and content or products that a User (such as a Vendor) submits to Digital Taxidermy Ltd.
You (the Vendor) retain all your intellectual property rights in your User Content. Digital Taxidermy Ltd does not and will not claim ownership to any of your user generated content You are solely responsible for all of your user generated content, and you assume all risks associated with use of your user generated, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content by you that makes you or any third party personally identifiable. Unless Digital Taxidermy Ltd states otherwise in a writing to you, you may not state or imply that your user generated content is in any way provided, sponsored, or endorsed by Digital Taxidermy Ltd. Digital Taxidermy Ltd is not obligated to backup any user generated content and it may be deleted at any time. You are solely responsible for creating backup copies of your user generated content. All rights are reserved for user generated content by the User/Vendor unless otherwise stated (such as with Creative Commons licenses).
You must not (without the explicit, written permission of the individual content creator/vendor):
- Republish material from Digital Taxidermy Ltd
- Sell, rent or sub-license material from Digital Taxidermy Ltd
- Reproduce, duplicate or copy material from Digital Taxidermy Ltd
- Redistribute content from Digital Taxidermy Ltd in any form
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Digital Taxidermy Ltd does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Digital Taxidermy Ltd, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Digital Taxidermy Ltd shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Digital Taxidermy Ltd reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Digital Taxidermy Ltd a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
WARRANTY / LIABILITY
DIGITAL TAXIDERMY will make its best efforts to ensure that the 3D images in the catalogue published on the digitaltaxidermy.co.uk site are as accurate as possible in the creation itself when printed by you.
However, having regard to the mode of presentation of digital creations on the Internet, it is possible that the perception by the purchaser of the photographic representation of the creations do not correspond exactly to the creation itself.
Differences may result from color photographs, difficulty to appear on the screen rendering or materials, without being exhaustive, technical adaptation.
These differences cannot be interpreted as lack of conformity and cannot avoid the sale.
DIGITAL TAXIDERMY also cannot be liable in cases where the differences would relate to an essential feature of the creation and affect its quality.
The illustrations in the catalogue on the digitaltaxidermy.co.uk site are not contractual.
The BUYER accesses, uses, and browses the site DIGITAL TAXIDERMY as its own risk.
DIGITAL TAXIDERMY has just, for all stages of access to the site, the ordering process, or subsequent services, an obligation of means.
Responsibility, DIGITAL TAXIDERMY not be held liable for any inconvenience or damage arising from the use of the Internet, including interruption of service, external intrusion, computer viruses, or any event of force majeure, in accordance with jurisprudence.
BUYER acknowledges and agrees that, to the extent permitted by applicable law, DIGITAL TAXIDERMY can not be held liable for any damage direct, indirect, incidental to, or repair of non-pecuniary, costs, losses, decrease in turnover or profits, or liabilities of any nature whatsoever (although the realization of such injury was known or could be provided by DIGITAL TAXIDERMY ), may arise from the use of designs or site or from an inability to use the website or its contents.
DIGITAL TAXIDERMY responsibility may not exceed the total amount paid by the buyer in satisfaction of the order in question.
The creator transmits images to a file and undertakes not to transmit files that contain viruses or programs that destroy data.
The designer must keep a copy of the file and in any case DIGITAL TAXIDERMY can not be held responsible for the loss or destruction transmitted by creative files.
The creators make available (free or not) creation and undertake quality 3D file, they will guarantee the quality and printability of their creation.
DIGITAL TAXIDERMY does not guarantee the 3D printability of all creations on the site.
In uploading its creation, the creator is committed to ensure that its creation is printable using the 3D printing process.
For all dysfunction, buyers can contact the designer. This one must be able to assist and guide the buyer.
If the buyer after downloading the creation realizes it is not printable, no refund can be made from DIGITAL TAXIDERMY.
DIGITAL TAXIDERMY does not guarantee the quality of the creations made available on its website.
DIGITAL TAXIDERMY is in no way responsible for the content published and uploaded by all its users.
DIGITAL TAXIDERMY does not guarantee the access durability to the orders and files already downloaded by the users, as the CREATORS can delete their creations from the platform at any time.
DIGITAL TAXIDERMY is in no way responsible for links to external content reference to our site.
Except contraindication, all creations published on DIGITAL TAXIDERMY are exclusively reserved for private and personal use. It means not selling the model or any derivative of the model for economic or financial gain. For Example, you cannot sell the digital model, a derivative or adaptation of that model, nor can you sell prints of the model or make trade of it.
In a prosecution, DIGITAL TAXIDERMY undertakes to communicate to the competent authorities all data for all users DIGITAL TAXIDERMY.
In a prosecution, the offender will support any refunds or penalties arising from the procedure.
Creations published on DIGITAL TAXIDERMY must represent 3D objects that are not contrary to public order or good morals.
In particular, but not limited to, the creation of firearms, objects with racist characters or incite racial hatred, discriminatory or hateful towards a group of people based on their religion, sexual orientation, political affiliation, union membership or representative violence without being a work of art, as well as any badge, brand, character whose intellectual property rights are not clearly belong to the creator will be refused by DIGITAL TAXIDERMY.
If a creation seems fraudulent, all users will notify us by clicking the “Flag” button on the product page.
In the event that you are fined for a product that you have printed from a model downloaded from our platform, we recommend that you contact the customs office. If you have any doubts about the legality of the item you wish to 3D print and therefore import into your country, we also recommend that you contact the customs office.
DIGITAL TAXIDERMY reserves the right to delete a member's account, not to pay out a designer's sales money, to delete or modify a designer's creations and/or to block a member's account, if one of the following cases of use occurs:
- a creator offers for sale one or more creations, created by another creator
- a creator offers for sale a creation available for free on DIGITAL TAXIDERMY or on any other website
- a creator offers for sale creations that are not 3D printable
- a buyer who use DIGITAL TAXIDERMY to send money to himself, a relative or an acquaintance via a creator profile
- a buyer whose fraudulent transactions have been reported by banking institutions
- a buyer whose fraudulent transactions have been reimbursed by the banking institutions
- a member who has written insulting and violent remarks against another member or against a member of the DIGITAL TAXIDERMY team
DIGITAL TAXIDERMY only judge the adequacy of creation with these provisions and reserve the right to refuse offenders creations or orders as specified above.
Members who think its establishment or purchase was refused although respecting this article is invited to contact DIGITAL TAXIDERMY to present his case.
Intellectual Property
We will terminate the accounts of users who repeatedly infringe intellectual property and reserve the right to take down any content that we conclude, in our sole discretion, may infringe third party rights.
Pictures, drawings, designs, texts, names and logos appearing on the website digitaltaxidermy.co.uk are the property of their authors and as such are protected by intellectual property rights and exploitation rights which DIGITAL TAXIDERMY and/or creators related to DIGITAL TAXIDERMY by a specific contract hold (see Special Conditions).
Any member who communicates DIGITAL TAXIDERMY a creation of the mind ensures they are the author or they are the owner of all intellectual property rights on it and it does not infringe the rights of intellectual property of others by transmitting it.
The member agrees to hold DIGITAL TAXIDERMY free from any claims of third parties.
Any creation whose intellectual property rights clearly do not belong to the creator will be refused by DIGITAL TAXIDERMY.
DIGITAL TAXIDERMY undertakes to implement all the means at its disposal to fight best against counterfeiting.
If a creation seems fraudulent, all users will notify us by clicking the “Flag” button on the product page.
To file a pages removal request due to intellectual property or copyright infringement, the rightful owner must take the following two steps:
- on each offending page, use the “Report a problem” button, choose the reason for the report related to “Copyright”
- and send the official and legal letter requesting the removal of the content by post with acknowledgement of receipt to the address of Digital Taxidermy headquarters: Three Wells Farm, Clay Hall Lane, Blo Norton, Diss, IP22 2HZ
In this way DIGITAL TAXIDERMY will be able to intervene to warn the creator(s) in question in order to ask them to withdraw their designs as soon as possible.
In a prosecution under the misuse of a trademark, patent, copyright, DIGITAL TAXIDERMY undertakes to provide the competent authorities all data of all DIGITAL TAXIDERMY users who clearly violated the intellectual property of a third.
If sales were made on these contentious creations DIGITAL TAXIDERMY will not repay the amount of the commission.
The creator remains the owner of the creation, they grants DIGITAL TAXIDERMY only a license to single use its creation for the completion of the order.
In order to sell to another member the right to use its creation, the designer has the opportunity, if desired, to give DIGITAL TAXIDERMY the free right to use and reproduce this item in the catalogue appearing on the digitaltaxidermy.co.uk website.
In this case, the designer must accept the Special Conditions under which it mandates DIGITAL TAXIDERMY reproduce its creation on digitaltaxidermy.co.uk site and manage on its behalf and for its account all aspects of its business relationship with a prospective buyer wishing to purchase the right to use its creation.
In the event that a buyer would order a creation, the creator of creation will be paid by DIGITAL TAXIDERMY for the right to use its creations and DIGITAL TAXIDERMY will be paid by the creator in its capacity as agent under the terms defined in the Special Conditions.
The designer also has the option to sell to DIGITAL TAXIDERMY a free non-exclusive license to its creation.
This license entitles DIGITAL TAXIDERMY to propose the creation in its catalogue for its other members.
This license may be revoked at any time by the designer by changing the price of its creation or deleting directly from the catalogue contained on the website digitaltaxidermy.co.uk.
SPECIAL CONDITIONS
Agency contract and license reproductions’ rights of and use of Creations.
This Agreement (hereinafter “Agreement”) is signed when the Creator as defined below chooses to create a vendor profile associated with the user profile on the website DIGITAL TAXIDERMY “digitaltaxidermy.co.uk”.
between
Digital Taxidermy Ltd, Registered in the UK CRN: 12482648
Registered office: Three Wells Farm, Clay Hall Lane, Blo Norton, Diss, IP22 2HZ
represented by legal representatives of the Digital Taxidermy Ltd
On the one hand,
and
The Creator, as identified during registration, hereinafter referred to as “The Creator”.
Hereinafter collectively referred to as “Parties” and each individually a “Part”.
It is set that:
DIGITAL TAXIDERMY provides potential customers on its website “digitaltaxidermy.co.uk” (hereinafter the “Site”) catalogue Creations 3D (hereinafter the “Catalogue”);
The Creator who addresses DIGITAL TAXIDERMY in order to allow DIGITAL TAXIDERMY to make available Creation on the Catalogue and to mandate DIGITAL TAXIDERMY to manage all aspects of the business relationship with potential customers in order to sell the right to use the creation.
Potential customers will be able to purchase the right to use the Creation of Creators available on the Catalogue.
ARTICLE - I: SCOPE AND DURATION OF THE CONTRACT
COPYRIGHT AND USE
The purpose of this Agreement is to determine the conditions under which the Creator of Creation allows DIGITAL TAXIDERMY to make it available in the Catalogue.
By this Agreement, the Creator allows DIGITAL TAXIDERMY to make available on the Catalogue and accordingly publish on its Website Creation annexed to this Agreement and to allow access and downloading.
TERMS
The purpose of this Agreement is to determine the conditions under the Creator mandates DIGITAL TAXIDERMY, which accepts this mandate, to manage, on behalf and for the account of the Creator, all aspects of the business relationship with potential customers, namely:
linking with potential customers who wish to purchase the right to use the creation of the Creator. Linking is done by breeding Creation in the Catalogue, giving potential customers the opportunity to purchase the right to use the Creation;
the repayment by DIGITAL TAXIDERMY of the portion of the price paid by the final customer to purchase the right to use the Creation to the Creator.
This Agreement is concluded for an initial period of 12 months, renewable by tacit agreement for a further period of 12 months except in the case where the Creator or DIGITAL TAXIDERMY decide to withdraw Creation Catalogue.
ARTICLE - II: RIGHTS AND OBLIGATIONS OF THE CREATOR
Creator represents and warrants have the right to enter into this Agreement.
As regards the right of reproduction and use:
Creator warrants that they are the original author of Creation or holds the exclusive rights of authors on Creations uploaded. If this is not the case, the Creator may be subject to prosecution by DIGITAL TAXIDERMY, or (the) buyer(s) and by (the) original(s) author(s) of the Creation.
In case a creation represents architectural monuments, works of people, objects or trademarks protected by a particular copyright (intellectual property code, image rights and property, the Civil Code, right designs, right registered trademarks), it remains the responsibility of the creator to obtain the holders of such rights, downstream necessary for the free dissemination, use and operation of this Creation.
Creations must not represent commercial entities or advertising.
The Creator is forbidden to offer a particular creation with obscene insults, violent, pornography or paedophilic, and, in general, contrary to the laws and regulations. Proposed by the Creator, Creation must not infringe the rights of third parties, including intellectual property rights and the right to privacy.
Creator ensures that support creation contains no computer program designed to or may damage or intercept a computer system or data and personal information.
Regarding the mandate:
By this Agreement, the Creator gives DIGITAL TAXIDERMY mandate to manage on its behalf and for its account all aspects of the business relationship with potential customer as it relates to the website.
The Creator must specify the price at which it wants to sell to potential customers the right to use his creation. They may at any time change the price of its creation by having access to their vendor dashboard.
On DIGITAL TAXIDERMY, the minimum price to sell Creation is established minimum £1.50 (and its equivalent in $ or Euro). Below this price, DIGITAL TAXIDERMY may not submit a Creation for sale.
The Creator is committed to provide the most truthful information used to purchase and download its creation. A full technical description, photographs of the object when printed, creations of the 3D file, choice of the price, everything must be oriented so that buyers will want to download the product.
If a product does not meet the quality expectations of DIGITAL TAXIDERMY, DIGITAL TAXIDERMY reserves the right to modify, supplement sheets some manner whatsoever (amendment of the description, add photos, etc.).
The Creator making available (free or not) a Creation, is committed to the quality of its 3D file. It guarantees the quality and printability of their creation, DIGITAL TAXIDERMY not guaranteeing 3D printability of all creations on the Site. Depositing his Creation, the Creator is committed to ensure that his creation is printable using the 3D printing process.
The Creator also mandates DIGITAL TAXIDERMY to manage the financial relationship with the final customer.
The Creator may, at any time, delete its Creations by sending an email at sales@digitaltaxidermy.co.uk. Deleting one or more Creations not however cancel or have any impact on any sales of goods previously entered into by DIGITAL TAXIDERMY on the basis of this Creation, any transaction prior to the deletion request is maintained in the state.
Thus, the removal of a Creation applies only from the end of the period of 48 hours notice required to take into account the change of status of Creation concerned. Thus, sales of items made prior to that date retain their full value and can not be questioned.
ARTICLE - III: RIGHTS AND OBLIGATIONS OF DIGITAL TAXIDERMY
DIGITAL TAXIDERMY reserves the right to refuse any creation which, by its content or for any other reason, is considered inadequate to justify by DIGITAL TAXIDERMY for inclusion in the Catalogue.
DIGITAL TAXIDERMY reserves the right to exclude a Creation or a Creator, to block a Creator's account and thus to deny him/her access to all or part of the Site's services.
DIGITAL TAXIDERMY reserves the right to pass the price of a Creation free of charge if it is shared free of charge elsewhere on the Internet.
DIGITAL TAXIDERMY reserves the right not to transfer money to a Creator who would have infringed the present General Terms and Conditions of Sales (ex: sale of illicit 3D model, non respect of copyright, sale of non-printable 3D model…) and to file a claim with online payment institutes (such as PayPal) in order to ask for repair and reimbursement of the sums already received by the disputed Creator.
DIGITAL TAXIDERMY is not the copyright holder of Creation provided by the Creator. In this way, the Creator, by sending a Creation DIGITAL TAXIDERMY expressly acknowledges that the Site and its administrators are not responsible for misuse that might be made of Creations or objects reproduced from these Creations.
DIGITAL TAXIDERMY is an agent acting on behalf of the Creator in the management of its business relationship with potential customers to allow the transfer by the Creator the right to use the creation of the Creator. The role of DIGITAL TAXIDERMY limited to linking the Creator with potential clients and the management of these business relationships.
DIGITAL TAXIDERMY may refuse to send a second payment to a designer who has already refused or not accepted a payment sent via PayPal.
ARTICLE - IV: SCOPE OF LICENSE
The Creator grants DIGITAL TAXIDERMY during the term of this Agreement, non-exclusive title, license, international and non-transferable license to use, reproduce, publish Creation and manufacture of articles from this Creation in all shapes and representations and all current and future processes and to all destinations.
More precisely, the license granted under this Agreement gives DIGITAL TAXIDERMY the following rights:
the right to reproduce in his Catalogue Creation (of any graphic, magnetic, optical, digital or electronic, as present or future) and in any condensed or expanded form;
the right to reproduce the creation in the form of an object under all modified forms, condensed or expanded;
the right to adjust the Creation in terms of size, color, etc.;
the right to use the Creation for the manufacture of an object by any means;
the right to publish the Creation on the platform or on the website of one or more Digital Taxidermy PARTNERS;
the right to share the Creation on all the digital ecosystem of Digital Taxidermy (blogs, social networks, newsletter, etc.)
ARTICLE - V: SCOPE OF TERMS
DIGITAL TAXIDERMY acting on behalf of the Creator in the management of the business relationship with potential clients and the final customer. Its role is to link the Creator with a final customer in order to allow the Creator to sell to customer the right to use his creation as it pertains to licensing conditions.
DIGITAL TAXIDERMY manage all financial aspects of the business relationship between the Creator and the end customer as it relates to the website.
In performing its mission agent, DIGITAL TAXIDERMY undertakes to act in the interest of Creator and according to his instructions as to set the price for the use of his creation, the fixed price will only be increased by the Digital Taxidermy commission and appropriate taxes applied to this commission.
However, DIGITAL TAXIDERMY has no obligation of result to the Creator and carries out its tasks in accordance with the limits set out in this Agreement.
ARTICLE - VI : METHOD FOR REGISTRATION OF THE CREATOR
Registration of the Creator on the list of designers for DIGITAL TAXIDERMY, simultaneously with its first publication of Creation, allow the creation of his personal page from the information provided on the form provided for this purpose.
The Creator must register and therefore:
- fill out the identification form in his/her personal account on which he/she will complete all the information requested, and in particular, his/her user name, his/her e-mail address, his/her payment e-mail address, his/her nature (individual or professional), his/her first and last name and/or his/her company name, his/her postal address, his/her telephone number, his/her company number and his/her VAT number, certifying on his/her honour the truthfulness of the above;
- be of age
Creation sent by the Creator will be referenced in the Catalogue posted by DIGITAL TAXIDERMY on the Site, with his name or nickname with a link allowing access to their vendor page.
Creator wishing to provide a creation of the Catalogue and give mandate to DIGITAL TAXIDERMY manage the business relationship with potential customers must provide valid contact information upon registration on the Site, so that the gains from the sale of its creation can be sent.
DIGITAL TAXIDERMY disclaims any liability for loss or non-payment of a fee, due to the transmission of false or erroneous coordinates.
ARTICLE - VII: PAYMENT OF THE CREATOR
When uploading of Creation, it will be proposed by DIGITAL TAXIDERMY its catalogue, and the object created from this Creation will be sold, if necessary, non-exclusive, royalty-free right.
DIGITAL TAXIDERMY offers potential customers a price fixed by the Creator for the transfer of the right to use his creation.
On this basis the Creator is paid by DIGITAL TAXIDERMY.
DIGITAL TAXIDERMY fee directly remuneration agent as a commission equal to 5% + £1 of the price fixed by the Creator (without VAT) for the transfer of right to use his creation.
DIGITAL TAXIDERMY reserves the right to change this percentage in the future, in this case DIGITAL TAXIDERMY undertakes to inform the Creator and to propose the conclusion of a new Agreement.
DIGITAL TAXIDERMY will also charge VAT in certain cases and according to the rules listed within the Terms and Conditions.
The Creator is credited via Stripe or PayPal for each assignment of its right to use or creation(s), the price set by the Creator for the transfer of the right to use his creation minus the commission DIGITAL TAXIDERMY. He is notified of each sale by email from the payment processor and DIGITAL TAXIDERMY. It is essential to have a Stripe or PayPal account to benefit from its sales.
Stripe allows for an automatic payment of the commission on sales whereas paypal currently has a request and process delay.
To accept the payment and withdraw its balance, the CREATOR has a period of one month (period defined by the payment processor). After this period, without recovering his balance, the amount of the sale is returned to DIGITAL TAXIDERMY, without refund. The statute of limitations for outstanding sales is 5 years. After this period, the designer will no longer be able to claim payment for these obsolete sales.
DIGITAL TAXIDERMY cannot be held responsible for cases of fraudulent sales. If a banking partner informs DIGITAL TAXIDERMY of a fraudulent sale, or if a user pays with a stolen card, this sale will be cancelled, and the Creator will not be paid for this sale. Any sale is considered fraudulent if the buyer does not pay - at the time of the sale or later - the price of the creation.
DIGITAL TAXIDERMY cannot be held responsible for any misrepresentation on the part of the seller resulting in an error concerning the applicable VAT rate.
ARTICLE - VIII: RESPONSIBILITY OF DIGITAL TAXIDERMY
DIGITAL TAXIDERMY make no warranty for the choice of a final customer toward a creation given by the Creator.
Accordingly, DIGITAL TAXIDERMY can in no way be liable for any direct, incidental, indirect or consequential, that may suffer the Creator due to use or non-use of Creation, even if the parties have been advised of the possibility of such damages.
As the termination of this Agreement, DIGITAL TAXIDERMY shall cease using Creation and destroy from his computer system and its storage devices.
ARTICLE - IX : INFORMATION & DISCLAIMER
The creator agrees to be informed by this contract that the sale of rights to use his creation for making objects from this creation is likely to lead to a qualification creator merchant, requiring certain specific obligations, such as the entry in the Register of Commerce and Companies, the holding of a particular accounting, payment of VAT and other applicable taxes, and compliance with the rules on invoicing.
Indeed, "Are those traders who carry out acts of commerce and make their own occupation."
For the creator, repeat sales of the product of his or her work that generate substantial income can be regarded as an act of commerce and therefore fell within the scope of a regulated professional activity including the Labour Code, the Commercial Code and the General Code taxes.
Thus a person who usually sells his creations or any products on a marketplace and draws regular income, must create a business company. There is no minimum or maximum sales threshold. It is the regularity of the activity, its nature and profit organization set up to allow the justice to determine in each case these criteria and qualify some dealers traders.
In this case the creator, considered a professional seller would be required to meet the particular legal obligations above mentioned non- exhaustive way.
Consequently, the designer shall undertake to fulfill all tax and social security obligations related to the sale of his creations in their country of residence in-line with their local tax laws and legislations.
DIGITAL TAXIDERMY handles its own accounting and tax affairs and disclaims all liability for any fraud that may be made by creators outside the tax legislation applicable to traders.
DIGITAL TAXIDERMY is authorized to disclose all necessary information to the tax authorities under request.
ARTICLE - X: LAW AND DISPUTE RESOLUTION
The parties shall endeavour to settle amicably and in good faith any disputes that may arise between them on the interpretation, or partial performance or breach of this Agreement.
If the parties are unable to settle their dispute amicably, such dispute shall be submitted to Digital Taxidermy to mediate the decision.
All Decisions on disputes made by Digital Taxidermy are to be considered final and all users of www.digitaltaxidermy.co.uk agree to abide by these decisions.
If the parties are still unable to settle their dispute amicably, professional mediation can be sought for professional guarantees of independence, neutrality and impartiality.
For referral, it is sufficient that one of the parties mandated the mediator to arrange a meeting so that the other party must be present in the month following the request.
For the meeting, the mediator sends a registered letter with acknowledgment of receipt letter to each party. The parties will share equally the costs of intervention by the ombudsman and commit to attend at least one meeting with the mediator, to explore with its regulatory competition the most suitable solution to resolve the dispute.
If the parties do not reach an agreement, this arbitration clause shall be deemed to be honoured.
Failing an agreement, the dispute shall be brought before the competent courts of the headquarters DIGITAL TAXIDERMY.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Digital Taxidermy Ltd; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Digital Taxidermy Ltd. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Digital Taxidermy Ltd’s logo or other artwork will be allowed for linking absent a trademark license agreement, or without express written consent.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Content Liability
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Your Privacy
Please read Privacy Policy
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.