TERMS OF USE OF www.displate.

com

Terms used herein carry the following meanings:

1. Artist - a natural person engaged in business activity, an unincorporated organisational entity

that has been endowed with legal capacity on the basis of separate provisions, or a legal
person, all of whom have created and currently maintain an Account in order to provide access
to Product Models which they have delivered. Artist is not a consumer within the meaning of
the law.

2. Password - a sequence of signs, including alphanumeric, necessary to perform an

authentication process while accessing the Account, determined by the Artist/User during
the Registration process.

3. Account - ICT resources within the Website which the Artist/User may access following one-
time Registration, and upon providing, in each case, the Name and Password (logging in). The
Artist uses the Account to publish and provide the Users with access to the Product Models.

4. Art Agent - a User who uploads and provides access to Product Models owned by the Artists
within his or her Account.

5. Name (login) - a sequence of signs, including alphanumeric, necessary to perform an

authentication process while accessing the Account, determined by the Artist/User during the
Registration process.

6. Product - a physical copy of a work or another product of human activity, including but not
limited to graphics, posters, paintings, illustrations or photographs, provided to the User by
the Service Provider or assembly system.

7. Registration - a one-time action which consists in creating an Account by the Artist/User with
the use of an administration panel provided by the Service Provider on the Website. The
Registration is completed upon the Artist/User accepting a registration form available on one
of the Website pages, filling in appropriate spaces of the form and clicking an appropriate
button. The Registration is effective upon successful completion of a verification process by
the Service Provider, which is followed by an e-mail with a confirmation of Registration sent
to the Artist’s/User’s address.

8. Terms of Use - these Terms of Use.

9. Website (www.displate.com, Displate) - an Internet website which enables Artists to provide

access to the Product Models.

10. Force Majeure - an exceptional external occurrence beyond the control of a given Party which
was impossible to prevent despite exercising due diligence.

11. Parties - depending on an Agreement to which the Terms of Use refer: the Service Provider
and the Artist or the Service Provider and the User.

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 12. Agreement - an agreement for the provision of Services concluded by and between the
Artist/User and the Service Provider upon the Artist’s/User’s first access to the Account
following successful Registration. The agreement is concluded for an indefinite period. In the
case of Users not holding an Account, the agreement for the provision of Services is concluded
each time upon entering the Website and terminated upon leaving the Website. Moreover, in
the case of the agreement between the Artist and the Service Provider, the Agreement also
covers the provision of services connected with the Artist delivering the Product Models to the
Website on the terms and conditions provided for in these Terms of Use.

13. Service - a service provided by electronic means by the Service Provider under the Act on
Providing Services by Electronic Means on terms and conditions provided for in the Terms of
Use, which consist in: (a) providing the Artist/User with an Account and other functionalities
of the Website, and (b) making it possible for the User to make an order for a Product.

14. Service Provider - GWD CONCEPT Sp. z o.o. with registered office in Warsaw at Al.
Jerozolimskie 107, registered in the District Court in Warsaw, Commercial Division of the
National Court Register under No. KRS 0000451277.

15. Act on Copyrights and Related Rights - Act on Copyrights and Related Rights of 4 February
1994 (Dz. U. [Journal of Laws] of 1994, No. 24, item 83, as amended).

16. Act on Providing Services by Electronic Means - Act on Providing Services by Electronic Means
of 18 July 2002 (Dz. U. [Journal of Laws] of 2002, No. 144, item 1244, as amended).

17. User - (a) a natural person above 18 years of age (in the case of persons at the age of 13-17,
every activity within the Website requires a confirmation of his or her legal guardian), (b) a
natural person engaged in business activity, (c) an unincorporated organisational entity that
has been endowed with legal capacity on the basis of separate provisions or (d) a legal person
using the Website.

18. Product Model - a digital presentation of a Product in the form of data published and made
available by the Artist on the Account.

I. General Provisions.

1.1. These Terms of Use set forth: (a) the rules of using the Website by the Artists and Users and the
rules governing the provision of Services via the Website (b) the conditions for selling the Products
and (c) the rules governing the provision of services by the Artists in connection with delivering
Product Models to the Website.

II. Scope and Conditions for Using the Website.

2.1. The Service Provider undertakes to provide the Service within the Website in the scope and on
terms and conditions specified in these Terms of Use.
2.2. The Service may be used on condition that the ICT system used by the Artist or the User meets the
following minimum technical requirements: (a) Internet Explorer version 9.0 or newer with
enabled JavaScript and cookies or (b) Mozilla Firefox version 22.0 or newer with enabled
JavaScript and cookies, Google Chrome version 30 or newer with enabled JavaScript and cookies,

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 Safari 5 or newer with enabled JavaScript and cookies, Opera 20 or newer with enabled JavaScript
and cookies, minimum display resolution 1200x800 pixels.
2.3. The Service Provider uses cookies solely for the purpose of collecting information connected with
the use of the Website, including in particular in order to:
a) maintain the User’s/Artist’s session;
b) adapt the Website to the needs of the User/Artist;
c) create the statistics concerning the traffic on subpages of the Website, and
d) use such information for marketing purposes of the Service Provider.
2.4. The Service Provider reserves the right to technically modify the manner in which the Service is
provided in compliance with the scope and conditions resulting from the authorisations held by
the Service Provider, and also in accordance with the technical capabilities of the Service Provider
without compromising the quality and with no influence on the scope of rights and obligations of
the Parties.
2.5. The Service Provider in entitled to periodically suspend the provision of Services on the Website
in relation to all or some of the Accounts in connection with carrying out necessary maintenance.
The maintenance will be carried out upon prior notification to the Artists/Users (e.g. by way of
sending an appropriate message to the Accounts and publishing an announcement on the
Website) and for the shortest time possible.
2.6. In order to assure the safety of transferring messages connected with the Service provided, the
Service Provider undertakes technical and organisational measures which are adequate for the
level of risk to the safety of the Service.

III. Providing Access to Product Models and Selling Products.

[Information for the Artist]

3.1. The Artist keeps all rights to Product Models uploaded by the Artist to the Account, and may at
any time delete any Product Model from the Account. All orders from Users for Products based
on Product Models by a particular Artist that are placed before the deletion of the Product Model
will be completed.
3.2. A Product Model will be displayed on an Account on condition that a file containing the Product
Model or a photograph featuring the Product Model satisfies the following technical parameters:
a) JPG up to 30MB. Minimum 300 DPI in RGB mode;
b) The shortest side at least 2900px;
c) 1.4:1 ratio for best product fit (ex. 4060px x 2900px);
d) No logos. No watermarks. No borders;
e) Text/content shall be from the edge at least 181px for the file with min. size 4060px x 2900
px;
f) The whole content of the design is included in one uploaded file;
g) No multiple uploads of the same image with slightly changed color palette or tiny detail;
h) The Artist is the owner of the Product Model.
3.3. Without prejudice to sec. 6.8. below and the right and obligations of the Parties, The Service
Provider reserves the right to delete the Product Models, which are not in line with the profile of
the Website or don’t meet the requirements of sec. 3.2. above.
3.4. The Artist and the User (Art Agent) undertake to fulfil any and all tax obligations connected with
the activities carried out by the Artist and the User (Art Agent) on the Website.

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 3.5. By uploading a Product Model to the Account, the Artist gives consent for the Service Provider and
the Service Provider’s subcontractors to undertake any activities with respect to the Product
Model and its developments (in full or in part) that are necessary to create and market the
Product.
3.6. Furthermore, the Artist and the User (Art Agent) gives his or her consent to the following:
a) the Service Provider and entities cooperating with the Service Provider using the Product
Model or its development (in full or in part) and photographs of the Product itself solely
with a view to promoting the Website or the Artist (in the Internet, press and television,
or during presentations or exhibitions);
b) the User (Art Agent) using the Product Model or its development (in full or in part) and
photographs of the Product itself within the User’s (Art Agent’s) Account;
c) launching discounts by the Service Provider. As a result of launching discounts, the price
of the Product and the fee paid to the Artist or the User (Art Agent) is proportionately
decreased;
d) the Service Provider and entities cooperating with the Service Provider using the Product
Model for the purposes of promoting the Website or the Artist, in particular for
transferring the Product as samples to the customers free of charge, as well as using the
Product for the purposes of conducting contests in which free copies of the Product are
awarded.
3.7. Moreover, acceptance of Displate Terms of Use equals with the Artist’s consent for selling the
Product Models in the wholesale B2B channel. The consent may be terminated by the Artist by
unclicking the checkbox in the section 'settings' on the Artist's account and saving the changes.

[Artist’s fee]

3.8. For appropriate and verified by the Service Provider providing by the Artist of the services
connected with the delivery of Product Models to the Service, the Service Provider undertakes to
pay a fee to the Artist (at the request of the Artist expressed by clicking the request payment
button).
3.9. The fee will be published on the Artist’s Account after the period of 24 (twenty four) hours of
selling the Product and then will be available on the Artist’s Account to request the payment after
the period of 10 (ten) days of selling the Product. As for the wholesale B2B commission, the fee
will be published and available on the Artist’s Account to request the payment on the 6th day of
each month or the next working day, for the sale from the previous month.
The settlement between the Artist and the Service Provider will be made only once a minimum of
USD 50 (fifty) is accumulated on the Artist’s account and within 45 (forty-five) days from the date
of requesting it by the Artist. The request to pay a fee shall be submitted by the Artist within 3
(three) years of selling the Product. The settlement will not include a fee for the sale of Products
which were returned by the User (on the basis of a complaint or withdrawal from the agreement)
or for the sale of Products which has been cancelled.
3.10. The fee will be determined in accordance with the following rules. A basis for settlement is a net
sale price of a Product based on the Product Model provided by a given Artist. The price is set up
by the Artist according to the price range provided by the Service Provider on the Website. The
amount of the fee due to the Artist is provided by the Service Provider on the Website (see here).
The Artist will be notified of any changes to the fee in a manner described in par. 10.4 below.

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3.11. The Service Provider reserves the right to deduct an advance payment towards taxes and other
official and administrative fees (i.a. WHT, VAT) that Service Provider is obliged to pay in
different countries around the world.
3.12. The Artist is solely responsible for the provided data (PayPal email address) during the payment
process. The settlement will be lost in case of providing incorrect or invalid data. The Artist waives
all and any claims against the Service Provider in this respect.
At the time of pay-out, the Artist commits to provide basic and valid data (tax data) for
identification purposes. The system will verify data within 72 hours. In case of lack or incorrect
data provided, The Service Provider reserves the right to withhold payment until receipt of
relevant data.
3.13. When the total pay-out amount reaches USD 10.000 (ten thousand), the Artist commits to provide
the Service Provider with the Certificate of Tax Residence. This certificate confirms that the Artist
pays taxes in the country that has issued it. The Service Provider reserves the right to request valid
Certificate of Tax Residence in case of its expiry.
3.14. The Artist’s fee regulated in par. 3.8. – 3.13. above will cover any and all claims that the Artist may
have during/in connection with/as a result of the cooperation with the Service Provider in
connection with the Website, in particular for giving a consent to the use of the Product Model
and Product in the manner specified above.

[User’s (Art Agent’s) fee]

3.15. For the provision of services connected with providing access to Product Models within
the Account, the Service Provider undertakes to pay to the User (Art Agent) a fee (at the request
of the User (Art Agent) expressed by clicking request payment button).
3.16. The fee will be published on the User’s (Art Agent’s) Account after the period of 24 (twenty four)
hours of selling the Product and then will be available on the User’s (Art Agent’s) Account to
request the payment after the period of 10 (ten) days of selling the Product.
The settlement between the User (Art Agent) and the Service Provider will be made only once a
minimum of USD 50 (fifty) is accumulated on the User’s (Art Agent’s) account and within 45 (forty-
five) days from the date of requesting it by the User (Art Agent). The request to pay a fee shall be
submitted by the User (Art Agent) within 3 (three) years of selling the Product. The settlement
will not include a fee for the sale of Products which were returned by a buyer (on the basis of a
complaint or withdrawal from the agreement) or for the sale of Products which has been
cancelled.
3.17. The fee will be determined in accordance with the following rules. A basis for settlement is a net
sale price of a Product based on the Product Model provided by a given Artist. The price is set up
by the Artists according to the price range provided by the Service Provider. The amount of the
fee due to the User (Art Agent) is provided by the Service Provider on the Website (see here). The
User (Art Agent) will be notified of any changes to the fee in a manner described in par. 10.4
below.
3.18. The Service Provider reserves the right to deduct an advance payment towards taxes and other
official and administrative fees (i.a. WHT, VAT) that Service Provider is obliged to pay in
different countries around the world.

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3.19. The User (Art Agent) is solely responsible for the provided data (PayPal email address) during the
payment process. The settlement will be lost in case of providing incorrect or invalid data. The
User (Art Agent) waives all and any claims against the Service Provider in this respect.
At the time of pay-out, the User (Art Agent) commits to provide basic and valid data (tax data) for
identification purposes. The system will verify data within 72 hours. In case of lack or incorrect
data provided, The Service Provider reserves the right to withhold payment until receipt of
relevant data.
3.20. When the total pay-out amount reaches USD 10.000 (ten thousand), the User (Art Agent) commits
to provide the Service Provider with the Certificate of Tax Residence. This certificate confirms that
the User (Art Agent) pays taxes in the country that has issued it. The Service Provider reserves the
right to request valid Certificate of Tax Residence in case of its expiry.
3.21. The User’s (Art Agent’s) fee regulated in par. 3.15. – 3.20. above will cover any and all claims that
the User (Art Agent) may have during/in connection with/as a result of the cooperation with the
Service Provider in connection with the Website.

[Sale of Product]

3.22. A Product sale agreement is concluded upon the User clicking a functionality marked in the path
to purchase as “CHECK OUT”, and in the case of purchase through the PAYPAL system, upon
clicking a functionality marked as “Pay now”. The agreement does not apply in the case of failure
to make the actual payment. The agreement may be concluded solely and exclusively via the
Website, i.e. using Website functionalities. The subject matter of the agreement will be specified
at the last stage of the path to purchase. The Service Provider is obliged to deliver the Product
without any legal and physical defects.
3.23. The User may withdraw from the Product sale agreement concluded with the Service Provider via
the Website without giving any reason by submitting an appropriate statement within 100 (one
hundred) calendar days. This time-limit is calculated from the day the User took the possession of
the Product. The User will not cover the costs of withdrawal from the Product sale agreement
subject to the following sentence. In the case of withdrawal from the Product sale agreement, the
User will cover the following costs: (a) the cost of returning the Product (return shipment); (b) if
the User selects a manner of Product delivery other than the least expensive ordinary manner of
delivery available on the Website, the Service Provider is not obliged to reimburse the User for
any additional costs incurred by the User. Withdrawal is possible if the assembly system contained
in the Product is still functioning. As for the purchased assembly system, withdrawal is possible
only in case of returning the whole assembly kit and if it is still functioning. The Product related to
a custom order cannot be withdrawn from the sale agreement, therefore it is not eligible for
return.
3.24. The Service Provider undertakes to immediately, not later than within 14 (fourteen) days from the
day of receiving the User’s statement of withdrawal from the Product sale agreement, reimburse
the User for any and all payments made by the User with the use of the same method of payment
as applied by the User, with a proviso that the Service Provider is entitled to suspend
reimbursement of payments obtained from the User until the Service Provider receives the
Product back or the User submits a confirmation of shipping the Product, depending on which of
the events occurs earlier. Moreover, the Service Provider reserves that upon the lapse of 60 (sixty)
days following the payment made by the User, independent payment operators may, under their
rules and regulations, retain a certain part of the amount paid.

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3.25. A form of the statement of withdrawal from the Product sale agreement is available on the
Website (click here to download the document).
3.26. The Product will be delivered not later than 30 (thirty) business days following the day on which
the payment for the Product was obtained.
3.27. The Products are delivered by courier or to a package machine indicated by the User. The Products
ordered may be delivered by the Service Provider in the following countries: Argentina, Australia,
Austria, Belgium, Brazil, Bulgaria, Canada, Chile, Colombia, Croatia, Czech Republic, Denmark,
Estonia, Finland, France, Germany, Greece, Hong Kong, Iceland, Ireland, Italy, Japan, Latvia,
Lithuania, Luxembourg, Mexico, Monaco, Netherlands, New Zealand, Norway, Philippines,
Poland, Portugal, Romania, Singapore, Slovakia, Slovenia, South Africa, South Korea, Spain,
Sweden, Switzerland, Thailand, United Arab Emirates, United Kingdom, United States, Venezuela.
Depending on the destination, there is a possibility of an additional duty fee. Its amount depends
on the specific countries’ regulations. Any costs related to customs duties shall be paid by the
buyer.
3.28. Payment for the Products may be made using the methods indicated at the beginning of the order
making process. The User should pay the Product price immediately upon making an order for a
given Product. Payments are made in USD, EUR, GBP. If different currency is applied by the User
than mentioned above, the final charge is made in USD at the exchange rate at the User’s bank.
3.29. In the case of any possible non-compliance of the Product with the sale agreement or terms of
delivery of the Product, the User may submit a complaint to the address: [email protected].
The complaint shall be examined by the Service Provider within 1 (one) month from the delivery
of it to the Service Provider. The User will be promptly informed of the results of this procedure.
3.30. According to the EU Resolution No. 524/2013 on online dispute resolution for consumer disputes,
Users shall have the possibility to resolve disputes with traders regarding online sales or service
contracts, out-of-court via an online platform. Complaint can be submitted in the electronic form
available under the following link: http://ec.europa.eu/consumers/odr/. Our e-mail address for
this procedure is: [email protected] .
3.31. The User being a Polish consumer has the right to have his complaints examined and assert his
claims: (a) by mediation through provincial inspectors of the trade inspection authority; (b) before
permanent consumer arbitration courts at provincial inspectors of the trade inspection authority.
3.32. The mediation referred to in par. 3.31. a) above may be availed of after the consumer has applied
to the competent provincial inspector of the trade inspection authority.
3.33. The permanent consumer arbitration courts referred to in par. 3.31. b) above may be availed of
upon submission by the consumer of a request for examining a dispute by the competent
permanent consumer arbitration court.
3.34. The Polish consumer has also the right to make a request with the district or city consumer
ombudsman to approach an economic operator regarding protection of the rights and interests
of consumers.
3.35. Product assembly manual may be downloaded here: Displates, Multiplates.

IV. Account Registration.

4.1. During the Registration, the Artist/User performs activities which include the following:
a) confirming that the Artist/User has read these Terms of Use and accepts the provisions
hereof;

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 b) completing a form available on the Website;
c) giving a Name (login), Password and e-mail address;
d) logging in to the Account with the Name (login) and Password.
4.2. The Service Provider reserves the right to incidentally verify the Registration and the Artist.
4.3. Following successful registration, the Artist/User gains access to the Account, which is in each case
provided by the Service Provider upon entering the Password and the Name (login).
4.4. During the Registration and while using the Service, the Artist/User is obliged to:
a) provide true, accurate and current data that is not misleading and does not infringe the
rights of third parties;
b) update the data provided in the registration form immediately after any changes to that
data. Data updates are made via the Account;
c) keep the Password confidential and not to disclose it to others.
4.5. The Artist/User has exclusive liability for the contents of the data provided by the Artist/User, as
well as for the choice of the Name and Password, including liability for any possible infringement
of third party rights in connection with the selection of the Name and Password. The Artist/User
also takes exclusive liability for the disclosure of the Password to third parties.
4.6. Every person who completes the Registration on behalf of an organisational entity with legal
capacity (e.g. registered partnership, limited partnership) or a legal person (e.g. limited liability
company, joint-stock company), as well as on behalf of a civil law partnership, states and declares
that he or she is fully authorised to conclude the Agreement on behalf and in the name of this
organisational entity, legal person or civil law partnership.

V. Termination of the Services Agreement.

5.1. Each Party shall be entitled to terminate the Agreement with immediate effect without giving the
reasons, without prejudice to the rights acquired by the other Party prior to the termination of the
Agreement. There is no minimum period during which the Agreement may not be terminated. All
orders from Users for Products based on Product Models by a particular Artist that are placed
before termination will be completed.
5.2. If the Service Provider wishes to terminate the Agreement, the Artist/User/Art Agent shall be
notified at the e-mail address given by them during Registration. The termination of the Agreement
by the Service Provider is irreversible.
5.3. Termination of the Agreement by the Artist/User/Art Agent is effected by them by deletion of the
relevant Account, which involves making a request for its deletion in the Account’s administration
panel. All data and the Product Models will be irreversibly and immediately deleted at the time of
account removal. Moreover, the Artist/User/Art Agent waives all and any claims against the
Service Provider in this respect.
5.4. The Service Provider shall be also entitled to terminate the Agreement with the Artist/User/Art
Agent with immediate effect if the Artist/User/Art Agent, respectively, breaches at least one of the
following paragraphs of the Terms of Use: 4.6., 6.1., 6.2., 6.3., 7.1., as well as if at least one of the
circumstances referred to in paragraphs 7.5. a) to 7.5. b) of the Terms of Use occurs. In this case,
the Account will be deleted immediately after sending the termination notice to the
Artist/User/Art Agent, without prejudice to the rights acquired by the Parties. However, in the
event the Service Provider terminates an Agreement with an Artist, the Service Provider reserves
the right to suspend the performance of those Users’ orders for Products that are based on such

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 Artist’s Product Models and were submitted before the date of termination. The Artist waives all
and any claims against the Service Provider in this respect.
5.5. The Service Provider is entitled to cancel fees described in sec. 3.8. – 3.21. above, with respect to
the Artist/User/Art Agent who has breached para. 7.1.e) below. The Artist/User/Art Agent waives
all and any claims against the Service Provider in this respect.

VI. Compliance of Product Models with law and reporting of potential violations.

6.1. The Artist represents and warrants that:

a) it holds (e.g. is the owner, licensee or lessee of) the copyrights, related rights, right of
publicity, and industrial property rights (e.g. trademark rights) or other necessary rights to
Product Models to the extent required to perform the Agreement and to modify, develop
and enhance the Products on the Website, as well as to use them by the Users in a manner
consistent with applicable law and without violation of the rights of third parties;
b) it has the full power to enter into this Agreement and it does not require the approval or
acceptance of any third party (and if required, it has been granted);
c) the Product Models do not violate applicable law or the rights of third parties; and
d) the Product Models made available do not contain any legal or physical defects, errors or
failures. Otherwise, the Artist will promptly take every action permitted by law in order to
remedy this state of affairs, and in the absence of a reasonable possibility thereof, the
Artist will cover the associated damage suffered by the Service Provider.
6.2. In particular, it is forbidden to place on the Website any Product Models, comments, descriptions,
content, and Accounts that:
a) violate the rights of third parties, including the rights of the Service Provider, Artists or
Users (e.g. are offensive or are a threat directed at other people or could be considered as
such);
b) violate applicable law;
c) contain any indecent content (e.g. profanities, obscene images, or words which are
generally considered offensive);
d) serve to promote the goods or services of the Service Provider’s competitors;
e) violate trade secret or the Personal Data Protection Act;
f) violate provisions of applicable law other than those listed above;
g) otherwise violate the provisions of the Terms of Use, social or moral standards
(e.g. contain content promoting violence, pornographic content, hateful racial, religious or
ethnic slur, or content offensive to religious feelings);
h) contain external links.
6.3 Moreover, it is forbidden to the User (Art Agent) to:
a) make direct references from Google Ads or other sources of advertisement (Facebook
advertisements, Textads) to displate.com domain;
b) use the word Displate or another similar sounding word (e.g. with typing errors,
additional ending, etc.) in domains and social media account names, as a keyword in
Google Ads and similar advertising systems;
c) use the domain name Displate* as a keyword;
d) use Displate name and logotype in the advertising materials (banners, videos, etc.)
except of these provided by Displate.

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6.4 The violation report related to the points 6.2 and 6.3 should be sent at [email protected]
and contain at least the details of the reporting entity (i.e. full name, email address, address),
specify the nature of the violation (i.e. information on alleged infringement) and indicate the
Product Model(s), comments, descriptions or other content which the report concerns so that
they can be identified on the Website (i.e. provide specific Internet links).

[Protection of intellectual property rights or other rights of third parties]

6.5. The Service Provider’s statement: Displate is a community built upon respect for artists and their
intellectual property rights as well as the intellectual property rights of third parties. Displate has
a zero tolerance policy for intellectual property rights infringement. Therefore, we ask our Artists
to keep it in mind each time they are uploading content to Displate. The Artists are required to
upload works which do not infringe upon the copyrights, moral rights, publicity rights, privacy
rights or any other rights of any person or third party, or violate any law or judicial or governmental
order. In simple words, stealing other people's works and passing it as their own is against the law
and against what Displate stands and will stand for.
6.6. Should the Artist, the User or any third party become aware of any Product Models, comments,
descriptions or other content posted on the Website that violate the provisions of the Terms of
Use, the rights of third parties or applicable law, such Artist, User or third party must immediately
report that fact by contacting the Website and filling the form provided here.
6.7. The violation report referred to above should contain at least the details of the reporting entity
(i.e. full name, email address, address), specify the nature of the violation (i.e. information on
alleged infringement) and indicate the Product Model(s), comments, descriptions or other content
which the report concerns so that they can be identified on the Website (i.e. provide specific
Internet links) and the proof of copyrights. The above report should also confirm that the usage of
the Product Model(s) on the Website is not authorized and the violation report is accurate and
provided by the authorized person. The above report should contain a handwritten or electronic
signature of the reporting entity or its representative (in which case the power of attorney should
be attached).
6.8. The User is to no extent entitled to reproduce, record, publicly display or otherwise use the Product
Models. The above does not apply to cases expressly indicated in the Terms of Use, e.g. the Art
Agent.
6.9. The Service Provider stipulates that it does not in any way review, monitor or verify the Product
Models (before, during or after posting thereof) for compliance with law and the Terms of Use nor
for the possibility of violating the rights of third parties by their content. However, in case of receipt
of an official notification or gaining credible of the illegal nature of any Product Models or any
activities associated therewith information (par.6.5. and 6.6. above), the Service Provider will
immediately prevent access to such Product Models.

VII. Use of the Website.

7.1. The Artist/User is obliged, in particular, to:

a) use the Website in a way that does not distort its functioning, in particular through the use
of certain software or devices;
b) refrain from actions such as: sending and/or posting any unsolicited commercial
communication on the Website; multiple Registration of the Artist/User on the Website;

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 using the Accounts of other Artists/Users or sharing their Account with other Artists/Users;
taking any information technology actions or any other actions to acquire possession of
the Passwords of other Artists/Users;
c) use the Website without causing inconvenience to other Artists/Users and the Service
Providers and with respect for their rights
d) keep the Password secret and make every effort to prevent third parties from gaining
possession of the Password;
e) not using the Service for the purpose of any illegal activity.
7.2. Any Accounts not used for a period of more than three (3) months from last login may be removed
without notice. Chapter V above applies accordingly.
7.3. The Artist/User is solely responsible for the acts performed on the Website using a valid Name and
Password.
7.4. The Artist/User is obliged to immediately notify the Service Provider of any violation of her/his
rights to the Name and/or Password, as well as of any case of violation of the principles set out in
these Terms of Use, in particular of any violations of the rules relating to the posting of Product
Model on the Website.
7.5. Notwithstanding any other rights described in the Terms of Use, the Service Provider may deprive
the Artist/User of her/his right to use of the Website (by blocking or deleting her/his Account), and
may limit her/his access to part or all of the resources of the Website or the Services offered
through the Website with immediate effect if the Artist/User violates these Terms of Use, and in
particular if the Artist/User:
a) provided details during Registration on the Website which are untrue, inaccurate or
outdated, misleading or violate the rights of third parties;
b) otherwise behaves contrary to the general principles of using the Internet, in conflict with
the objectives of the Website or in a manner detrimental to the good name of the Service
Provider.

VIII. Complaints.

8.1. In the course of using the Service, the Artist/User is obliged to immediately notify the Service
Provider of any irregularities, faults or interruptions in the functioning of the Website and poor
quality of the Service.
8.2. Any irregularities, faults or interruptions in the functioning of the Service or its poor quality may
be reported by the Artist/User at the following address: [email protected]
8.3. Through the Website, the Service Provider enables the following:
a) obtaining of information about the Website;
b) receipt of the reports referred to in par. 8.2. above;
c) help with Registration by the Artist/User;
d) lodging of a complaint.
8.4. In the case of any possible non-compliance of the Service with these Terms, the User may submit
a complaint to the address: [email protected]. The complaint shall be examined by the
Service Provider within 1 (one) month from the delivery of it to the Service Provider. The User will
be promptly informed of the results of this procedure.
8.5. A complaint may be submitted in writing or by other means of remote communication, including
by e-mail, unless prevented by technical capabilities. The Service Provider reserves the right to

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 interfere with the Account of the Artist/User to the extent necessary to correct the disruption or
problem in the functioning of the Account or the Website. The date of submission of a complaint
is the date of its receipt by the Service Provider.
8.6. Users shall have the possibility to resolve disputes in out-of-court procedure via an EU online
platform. Complaint can be submitted in the electronic form available under the following
link: http://ec.europa.eu/consumers/odr/.
8.7. Par. 3.31-3.34 above apply accordingly.

IX. Liability.

9.1. The Artist agrees to be solely liable for Product Models. The Artist also agrees to satisfy all claims
regarding infringement of the rights or personal rights of third parties associated with making the
Product Models available.
9.2. The Service Provider shall not be liable for: (a) compliance of Product Models with applicable law;
(b) any legal and physical defects of Product Models and errors or flaws contained therein; and (c)
any violation of these Terms of Use by Product Models.
9.3. The liability of the Service Provider to the Artist is limited to the value of the fee received by the
Artist in respect of performance under the Agreement (until the event giving rise to the Artist’s
claim against the Service Provider).
9.4. The Service Provider does not secure or guarantee any amount of fee to the Artist nor that some
other Artist makes a competitive Product available to the Users.
9.5. The Service Provider shall not be liable for:
a) any technical problems or limitations occurring in the computer hardware, IT system and
telecommunications infrastructure used by the Artist/User which prevent the Artist/User
from using the Website and the Service offered via the Website;
b) loss of any Product Models from the Account due to hardware or system failure or other
circumstances for reasons not attributable to the Service Provider;
c) unavailability of the Website due to force majeure;
d) the content of advertisements posted on the Website by third parties;
e) the use of Product Models or Products by Users (e.g. violation of the Artist’s or third party's
copyrights by Users), including the associated potential damage to the User, third party or
the Artist;
f) the effects of incorrect installation/use of the Products by the User and the related
potential damage.
9.6. The Artist/User is solely responsible for ensuring technical compatibility between the hardware
and IT system used by them in order to use the Service and the Website.
9.7. If the posting of a Product Model by the Artist on the Website results in a violation of any law or
the rights of third parties, including parties benefiting from the copyrights or related rights or
industrial property rights under an authorisation from the Artist or the Service Provider acting in
reliance on the statements made by the Artist by accepting these Terms of Use, the Artist shall be
required to fully cover the damage suffered by the Service Provider in connection with such a
violation.

X. Final provisions.

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10.1. Any disputes between the Service Provider and the Artist shall be settled by courts having
jurisdiction over the registered office of the Service Provider.
10.2. Deeming any of the provisions of these Terms of Use invalid or unenforceable in accordance with
the law shall not affect the validity or enforceability of the remaining provisions hereof. The invalid
provision shall be replaced with a provision which is closest to the objective of the invalid
provision and these Terms of Use in general.
10.3. Any matters not provided for herein as well as any dispute arising out of or in connection with
this Terms of Use, shall be governed by the laws in force in the territory of the Republic of Poland.
10.4. The Service Provider reserves the right to change these Terms of Use at any time. In this case, the
Service Provider shall notify the Artist/User of the change in the body of the message that will be
sent to the Account or e-mail of the Artist/User. In the absence of termination of the Agreement
by the Artist/User in the manner provided for in these Terms of Use within 14 days of receipt of
the change notification, such a change shall be deemed accepted.
10.5. The current wording of the Terms of Use in the English language is published here (Polish
version here) in a way that enables their storage (recording) and multiple display in the ordinary
course of operations.
10.6. The parties exclude the application of the United Nations Convention on Contracts for the
International Sale of Goods.
10.7. These Terms of Use come into force on 14.03.2019.

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