As of November 2023
1. YOUR AGREEMENT WITH PICTOPLASMA
2.1 You may register for an account on Pictoplasma.com, giving you the opportunity to post your character artwork on Pictoplasma.com with your user account associated with the username and profile information you chose to provide on Pictoplasma.com. You can also use Pictoplasma.com without registering for an account. However, certain content and functions require the registration for a user account.
2.2 When registering for an account, you can choose a username and are free to make further information about you available to other users. Please note however, if you have signed up for a free account but haven’t uploaded any character artwork, a profile picture, or further profile information within 60 days of creating your account, we may remove your account in order to allow another user to select your username. We will send you a warning email before doing so. Also, if you haven’t logged into your account for 365 days, we may delete your account to make room for new users. Again, we will probably send you a warning email to let you know that your account is about to be removed, giving you a chance to log in and keep your account live.
2.3 In order to register for an account on Pictoplasma.com, your minimum age must be 18 years. If you are under 18, please do not register an account with our website or provide any information about yourself to us. If you have already done so, please contact us at charactercare @ pictoplasma (dot) com.
3. YOUR CONTENT BELONGS TO YOU
Crisp and clear: You alone retain all rights in your Content. We don’t claim any ownership over the Content that you post on Pictoplasma.com. “Content” includes any content or creative expression that you’re able to upload, post or share on Pictoplasma.com, including text, images, files, animations, logos, comments, or otherwise. Nonetheless, we do need certain licenses to your Content in order to operate and enable our services: When you post or transfer Content to Pictoplasma.com, you give us a so called non-exclusive, royalty-free, world-wide, perpetual license to use, store, reproduce, distribute and publicly display your Content.
The license granted by you is for the only purpose of operating, marketing, promoting, and improving our services. We will always first get in touch with you personally, should we ever plan to incorporate your Content into an exhibition, a publication, or otherwise make use of it.
4. YOU ARE RESPONSIBLE FOR YOUR CONTENT
When you post something on Pictoplasma.com, you are agreeing to allow other Pictoplasma.com users and basically the public to view and display your Content. Consider the Content you post on Pictoplasma.com to be publicly available indefinitely since it may be distributed by other Pictoplasma.com users through their social media or otherwise, or be cached on third party search engines, even after your Pictoplasma.com account is terminated. Be aware that it is extremely difficult to remove Content from the Internet that becomes publicly available. You know the spiel ...
5. ESSENTIAL RULES TO FOLLOW WHEN POSTING CONTENT TO PICTOPLASMA.COM
Before posting anything to Pictoplasma.com, please make sure to have read and understood the 6 CHARACTER ESSENTIALS outlined below:
5.1 Keep It Character Related!
Pictoplasma is all about character design. Don’t post unrelated artwork, content or links on Pictoplasma.com. Also, no spam. Seriously. Don’t use Pictoplasma.com as a vehicle for spreading unrelated products or services. No phishing. In other words: keep it character related!
5.2 All Characters Welcome!
Pictoplasma will not tolerate any violent or harming content, including hateful postings or comments involving race, sexual orientation, religious or political belief, whether they are personal or general. If you can't make the world (or at least this site) a welcoming, supportive, inclusive and friendly place for all characters and humans alike, Pictoplasma is not for you.
5.3 Adult Characters – For Adult Viewers!
We are cool with occasional mature content – but for adult viewers only. If you post adult content, no matter how tasteful, you must respect those who do not wish to see it by marking it ‘not safe for work’ (NSFW in the option menu). If you fail to do so, we may ask you to do it or do it for you. If you abuse these rules, we reserve the right to review your account without warning and possibly delete it.
5.4 Show Character – But Be Yourself!
Don't impersonate other artists, services or companies by setting up fake accounts using a misleading artist name and/or profile description.
5.5 Only Post Characters That You Have Created and Have Permission to Post!
Don’t infringe on other people’s copyrights and trademarks. Don’t post content that you haven't created or that belongs to third parties without their consent. Absolutely make sure you have the right to post the content that you put on Pictoplasma.com. Pictoplasma complies with the Digital Millennium Copyright Act (DMCA). We take creative ownership very seriously and will terminate copyright infringers when legally required or appropriate.
5.6 Help Us Keep Pictoplasma Clean & Respectful!
Should you stumble over Content on Pictoplasma.com that violates any of the above character essentials, please don't freak out but help us fix things by letting us know immediately via email to abuse (at) pictoplasma (dot) com or the REPORT CHARACTER feature (above each image in single character view). Likewise, if you see your Content on Pictoplasma.com being used without your permission, please contact us immediately at the following address for receipt of infringement notices:
or by calling +49 (0)30 4611 2611, and – preferably – by emailing email@example.com
Your notice must comply with the DMCA: For your request to be valid, you must provide the following information in writing: (a) An electronic or physical signature of a person authorised to act on behalf of the copyright owner; (b) Identification of the copyrighted work that you claim has been infringed; (c) Identification of the material that is claimed to be infringing and where it is located on the Service; (d) Information reasonably sufficient to permit us to contact you, such as your address, telephone number and email address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or law; and (f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorised to act on behalf of the owner.
6. MEMBERSHIP TERMS
6.1 While you are invited to enjoy Pictoplasma.com for free and watch it grow, some features and functionality are only accessible to members against an annual subscription fee. These are the terms which set out the contractual relationship you have with Pictoplasma.com when you become a member. Please read these terms carefully. They will be binding as long as you are a member of Pictoplasma.com. We might occasionally make changes to these terms. If we do, we will notify you of amendments of these Terms by email or by a message displayed to you when logging in to Pictoplasma.com. If you do not object to these changes in writing (in this case you must send us an email or letter to our office address clearly expressing your objection to the new terms) within two calendar weeks of the date of the notice, you are deemed to have accepted the new terms. If you object to the new terms, we will regard this as a resignation of your membership at the earliest date at which this is possible (see below under ‘Termination’). In this case, the previous membership terms will apply to you until your membership is terminated.
6.2 You become a member when we give you online access to our members only resources and functionality – usually within one working day after payment of your membership fee. As a member, you have access to exclusive content which we will publish from time to time on our website, and additional functionality. The level of benefits you receive depends on your membership status. We may change benefits available to you or replace a membership status with another or withdraw a membership status altogether from our offer to members. These are deemed changes to our Membership Terms. Consequently, the same procedure of implementation applies as to the change of terms explained above.
6.3 Payments and Renewals
Pricing for membership types (collectively, “Paid Accounts”), will be provided at the time of purchase. Unless otherwise set out at the time of purchase, fees for a Paid Account will be billed annually in advance for each Subscription Period indicated in the description of the Paid Account (“Subscription Period”) and are non-refundable. There will be no refunds for partial periods of service in which your Paid Account remains open but you do not use the services associated with the Aaid Account.
Subject to your payment of applicable membership fees for a Paid Account, we will provide the services to you for the Subscription Period that you have paid for such services. At the end of the Subscription Period, your Paid Account subscription will automatically renew for an additional subscription period until it is expressly cancelled by you as described in the “Termination” section below. If you purchase any fee-based service, including Paid Accounts, you agree that our third-party payment gateways, such as Stripe and Paypal, may store your credit or charge card or other payment information. You expressly agree that we are authorised to charge you (i) a fee for any applicable services for which you have subscribed, billed on a basis of the Subscription Period, (ii) any other fees for the services you may purchase, and (iii) any applicable taxes in connection with your use of the services to the credit or charge card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the credit or charge card you provide expires and you do not provide new credit or charge card information or cancel your account, you authorise us to continue billing you and you agree to remain responsible for any uncollected fees. All information that you provide in connection with a purchase or monetary transaction interaction with Pictoplasma.com must be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction at the prices in effect when such charges are incurred. You take full responsibility for all taxes and fees of any nature associated with the transaction, including any sales tax related to any services under the Terms.
6.4 Upgrading your Membership
If available, you can change your membership at any time to a higher plan. You will be charged the difference between what you have paid and the new fee only proportionally for the time remaining until your plan will be renewed. Once your plan is renewed, you will be charged the full new membership fee.
7. OUR SERVICES, TERMINATION
7.1 We may terminate the services with one month’s notice.
7.2 Termination of your FREE account
7.3 Termination of your payed membership
Your membership runs for an initial period of twelve calendar months from the date you become a member of Pictoplasma.com (‘Initial Period’). If you do not notify us at least 28 days prior to the end of the Initial Period your membership will continue for another full calendar year. You can terminate your membership any time during the year but not later than 28 days prior to each anniversary of the Initial Period (i.e. the anniversary of the end date of the initial 12-month period of your membership). If you terminate your membership later than 28 days prior to the anniversary of the Initial Period your membership will terminate at the end of the following anniversary of the Initial Period (i.e. the next anniversary of the end date of the initial 12-month period). Should you terminate your membership, you will not be granted a (partial) refund upon cancellation. It will be at our discretion to terminate your membership early if you miss the 28 days’ notice period.
7.4 Our Sevices
We may modify our services at any time, since Pictoplasma.com is constantly changing and evolving. We intend to add features and functionality from time to time, and we reserve the right to limit use of certain features or functions. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
8. USER ACTIVITY
As is in the nature of things, Pictoplasma.com contains uncountable links to third-party websites or resources. You acknowledge and agree that Pictoplasma is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Pictoplasma of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Our liability for slight negligence is limited to infringements of essential contractual obligations. The liability in case of infringement of such essential contractual obligation shall be limited to the damages typical for our services, which we should have expected when entering into the agreement due to the circumstances known at that time. We shall be fully liable for wilful intent and gross negligence and any harm to body, life and health caused by intent or negligence. The limitations on liability set out above shall also apply, mutatis mutandis, to our employees and other assistants or agents.
11. PROPERTY WE OWN AND RESTRICTIONS
Pictoplasma owns all rights to our logo and our website, including any intellectual property rights related to them. You may not reuse, distribute, copy, or duplicate any part of Pictoplasma.com without express written permission from Pictoplasma.
14. VENUE, LAW
For any disputes arising from or in connection with Pictoplasma and the services provided on Pictoplasma.com, the laws of the Federal Republic of Germany, excluding the UN Sales Convention shall apply, except for consumers located within the European Union for whom the statutory consumer regulations at the consumer's place of reside apply. F or commercial customers and consumers located outside the European Union, the place of performance and legal venue is Berlin.
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15. NOW GO AND SHOW CHARACTER!