This user agreement for PimTim is effective from April 20th, 2013. The contents of this agreement can be changed by PimTim at any time and users will be informed of any change.
PimTim is a marketplace for Buyers and Creatives. By using this site all users promise to adhere to the rules that apply to the use of this site. If one does not want do this, he or she shall not use this site.
1.3 Using PimTim
At PimTim projects and designs are posted by Buyers and Creatives. This happens by means of a contract by which both parties (Buyers and Creatives) are bound. At the same time this means that contract holders and everyone that uses PimTim:
- Are legal persons or legal entities.
- Use PimTim for which it is meant to be used.
- Do not abuse copyright.
If a user sees or reads something that violates these rules, he or she is invited to report it to PimTim. PimTim will do everything to prevent unauthorized use.
1.4 Registration at PimTim
If a user registers at PimTim he or she promises that he/she is a person of age, who is competent to engage in acts of law. A user registers by filling in the registration form completely and truthfully and, at the same time accepting this user agreement. The user is responsible for the correctness and completeness of the registered data and must update these data when necessary.
1.5 Cost of using PimTim
There are no costs linked to the registration at PimTim. The Buyer pays a fee to PimTim for the use of PimTim and the services that PimTim offers on the website. This fee amounts to 149Euro (ex. VAT), at this moment.
1.6 Intellectual property
The Intellectual Property rights concerning the website, among which understood the rights to the texts, images, design, databases, photographs and other (stationary and/or moving) picture material, sound material, formats, software, brands (including domain names) and remaining material rests at PimTim, its licensees and/or advertisers. If the copyrights, trade rights or other rights in posted projects are violated, then concerned users of PimTim must undertake action themselves. PimTim will play no role in these matters.
1.7 Responsibility of PimTim
The user acknowledges that PimTim provides a website for users to engage in transactions and that PimTim is in no manner involved in the transactions between users (Buyers and Creatives). PimTim safeguards the money involved in a transaction, so that it can be transferred safely to the Creative who has won the project. PimTim does not verify or monitor the quality of the projects or entries, nor the legitimacy of PimTim users in doing business (buying or selling designs)
When a user has terminated his or hers registration at PimTim, he/she will no longer have access to the data posted on PimTim like projects, entries, offers etc. After termination, all data can be removed by PimTim.
Every user is responsible for handling all tax related activities, including VAT for the concerning country. PimTim has no involvement in these matters.
-The user acknowledges that PimTim will not be responsible for the successful creation and/or completion of a transaction between users of the website. -The user acknowledges that PimTim has the right to end a project, for reasons of irregularities, technical problems, irrespective of the origins of these irregularities (e.g. caused by third parties.
-The user accepts that PimTim will not be liable for any damage resulting from the actions of PimTim and that the user will pay to PimTim all costs and damages that are claimed by a third party.
-The user accepts that PimTim will not be liable for any damage as a result of not being able to access PimTim, technical irregularities, software errors or incomplete or incorrect transferal of information, unless it is caused by an intentional action or quilt on the part of PimTim.
-The user will release PimTim from all claims with respect to any designs bought, used or offered by the user.
-In a serious case of failure of another party, you can contact PimTim by means of an email to email@example.com
-The user will release PimTim from any legal claim that is based on the fact that designs on the PimTim website are violating intellectual property right of third parties..
2.1 Posting a project
When a Buyer posts a project at PimTim, the Buyer understands that he/she is entering an agreement with a Creative that creates a design in a project, working for the Buyer. This Creative is chosen from several Creatives. A contract is created once the Buyer has chosen the winning design. The Buyer pays the prize money plus the PimTim fee at the start of the project to the PimTim foundation, this is the price the Buyer pays for the project. This foundation ensures that the prize money is safely transferred to winning Creative.
2.2 Choosing the winning design
The Buyer will choose the winning design within 7 days. When the Buyer has chosen the winning design, then the Buyer will buy the winning design. The winning Creative will provide to the Buyer all deliverables concerning the winning design. When the Buyer has not chosen within 7 days, the Buyer agrees that PimTim will choose the winning design. Buyer and winning Creative will finalize the transaction within 14 days after the project has ended.
2.3 The guarantee
When, at the end of your project, there are less then 25 designs and you cannot choose a winner, you will get your money back.
3.1 Posting a design
The Creative is responsible for the content that he/she has posted on PimTim. By posting content on the site, the Creative confirms that he/she is the owner of the content and that he/she owns the correct licenses, rights and/or authorization to use the content. The Creative states that each design posted is original and no copy of other work.
By posting a design, as stated in 3.1, the copyright of the design belongs to the Creative and is never transferred to PimTim or any other person. It is only then when the Buyer chooses the winning design that the copyright is transferred from the Creative to the Buyer and at the same time the prize money is transferred from the Buyer to the Creative. Because the prize money was paid at the start of the project to the PimTim foundation, the foundation can ensure that the money is safely transferred to the winning Creative. The copyrights of the design-entries that did not win, still belong to the corresponding Designer.
3.3 Withdrawing a design
A Creative can withdraw an entry, except when this is the winning design.
3.4 Delivering the winning design
When the winning design has been chosen, the Creative will deliver all content with respect to the project. The copyright of the work will be transferred from Creative to Buyer.