Terms and Conditions and Withdrawal Policy

This English version is provided for convenience. The contract language is German; in case of discrepancies the German version prevails.

1. Scope and provider

(1) These Terms and Conditions apply to all contracts concluded via the website mypixel.site (“MyPixel”) between Jörg Lunkewitz, Reifarthstr. 13, 42349 Wuppertal, Germany, email: info@mypixel.site (hereinafter “we” or “provider”) and the buyer.

(2) Buyers can be consumers or business customers. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession.

(3) We do not recognise any conflicting terms of the buyer unless we expressly agree to their validity.

2. Subject matter of the contract

(1) MyPixel provides a world map that is divided into about 159,471,349 pixels (grid cells). Pixels exist on land areas only. A pixel is a virtual grid cell about one kilometre across.

(2) The buyer acquires the right to occupy a rectangular, still available area of the map selected by the buyer (“block”) with their own image, a title, optionally a link and optionally a location pin, and to have it displayed publicly there. A location pin consists of an exact position within the block as well as a title and a short text.

(3) The buyer acquires no ownership and no other rights in the area shown on the map. The pixels are purely a digital display space. No legal relationship arises with landowners, municipalities or states.

(4) A maximum of 100 × 100 pixels can be purchased per purchase. The minimum purchase is shown to the buyer on the website during selection. A block must consist entirely of land pixels. Pixels that are already taken or reserved cannot be purchased.

3. Conclusion of the contract and order process

(1) The display of the map is not a binding offer. The buyer selects their pixels on the map and sees the size, position and total price of their block before payment. By completing the payment via PayPal, the buyer submits a binding offer to buy the block. The contract is concluded as soon as the payment has been successfully confirmed to us and we have assigned the block to the buyer.

(2) Before payment, the buyer can change the selection or cancel the process at any time. Input errors can be recognised in the display of size, position and price and can be corrected by selecting again.

(3) From the start of the payment process, the selected block is reserved for the buyer for 15 minutes. If the payment is not completed within this time, the reservation is released.

(4) The contract language is German. We store the contract text. The buyer can view these Terms on the website at any time and print or save them. After the purchase, the buyer receives a confirmation with the personal link (see section 5).

4. Prices and payment

(1) The price is EUR 1.00 per pixel (final price). The total price results from the number of pixels in the block and is shown to the buyer before payment. In accordance with § 19 UStG (German small-business regulation), no value added tax is charged.

(2) Payment is made exclusively via PayPal. The terms of PayPal also apply to the payment. Any fees that PayPal charges the buyer are governed by the buyer's contract with PayPal.

(3) Price changes apply only to future contracts.

5. Service, upload and personal link

(1) After successful payment, the block is assigned to the buyer. The buyer receives a personal link through which they can upload and later change the image, title, link and location pin. The link is shown on the screen and, if PayPal transmits an email address, sent by email.

(2) The personal link is the access to the block. The buyer must treat it confidentially. We are not liable for changes made by third parties using a link passed on by the buyer.

(3) Uploaded images are automatically reduced and cropped to the aspect ratio of the block. In the large view, the image is shown with an edge length of up to 1600 pixels and in its original aspect ratio.

(4) Content is displayed publicly only after our approval (section 7). Until then, the block is marked as “taken”.

(5) The duration of the display is governed by section 9. Temporary restrictions of availability, for example due to maintenance or disruptions beyond our control, remain reserved.

6. Obligations of the buyer, permitted content

(1) The buyer assures that they hold the necessary rights to all content they post (image, title, link, location pin text), in particular copyright, usage and personality rights, and that the content does not infringe the rights of third parties. Recognisable persons may be depicted in uploaded images only with their consent.

(2) The following content in particular is not permitted:

• content that violates laws or is criminal,
• content that is pornographic, glorifies violence, incites hatred, is discriminatory, insulting or harmful to minors,
• content that calls for criminal offences or supports terrorist or extremist organisations,
• content that infringes trademarks, copyrights or other intellectual property rights of third parties,
• content that is misleading or spreads malware, fraud or unauthorised advertising,
• content that contains personal data of third parties (e.g. names, addresses, phone numbers) without their consent.

(3) Links must not point to unlawful content or content that is not permitted under paragraph 2. The buyer must regularly check the link to ensure that the target page has not changed in an impermissible way. We may restrict the option to link or exclude certain target addresses.

(4) A location pin may be placed only on a place within the acquired block. The location pin text is public. The buyer should not include private information in it that they do not wish to publish.

(5) To the extent permitted by law, the buyer indemnifies us against claims by third parties that they assert against us because of an infringement of their rights by the posted content for which the buyer is responsible, including the reasonable costs of legal defence. The indemnity does not apply to the extent that the buyer is not responsible for the breach of duty.

7. Review, reporting and removal of content

(1) We review the image, title, link and location pin before public display. The review is carried out only on a spot-check basis and for obvious violations. It does not replace the buyer's responsibility for their content.

(2) Every change to the image, title, link or location pin by the buyer must be approved by us again. Until then, the block is not publicly visible.

(3) If we reject content because it violates these Terms or the law, the buyer can upload new content free of charge. A rejected location pin is removed.

(4) Visitors can report content using the “Report” function on the website. We review reports promptly and take content offline, temporarily or permanently, in the event of a violation or a justified suspicion.

(5) In the event of serious or repeated violations, we are entitled to delete the block and to block the buyer's access. In this case the purchase price is not refunded, to the extent that the buyer is responsible for the violation.

8. Rights of use in the content

(1) The buyer grants us the simple, non-exclusive, geographically unrestricted right, limited to the duration of the contract, to store their content on the server, to adapt its size (reduction, cropping) and to display it publicly on mypixel.site, to the extent necessary to perform the contract.

(2) The rights in the content remain with the buyer.

9. Term and discontinuation of the platform

(1) We display the block on the map for at least five years from the conclusion of the contract (minimum term). After that, the contract continues for as long as we operate the platform. The buyer can change their content at any time via their personal link.

(2) If we discontinue operation within the minimum term, we refund the buyer the purchase price proportionately for the time not provided. The refund is calculated from the purchase price divided by 60 months and multiplied by the full months remaining until the end of the minimum term. It is made via PayPal or, if this is not possible, to an account named by the buyer.

(3) We announce the discontinuation of operation at least six months in advance on the website and by email to the address given to PayPal. Until discontinuation, the buyer can change and back up their content. After discontinuation, all content is deleted.

(4) We may transfer the operation of the platform, with all rights and obligations, to a third party if that party continues to display the blocks for the remainder of the minimum term and thereafter. We will inform the buyers in advance on the website.

(5) The right of both sides to terminate for good cause remains unaffected.

10. Liability

(1) We are liable without limitation in cases of intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act.

(2) In the event of slightly negligent breach of essential contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on which the buyer may regularly rely), liability is limited to the foreseeable damage typical for this type of contract. Otherwise, liability for slight negligence is excluded.

(3) We are not responsible for buyers' content or for linked third-party sites. We do not adopt this content as our own. We become aware of unlawful content through our review or through reports and then remove it without delay.

(4) We give no guarantee that a block achieves a certain visibility, reach or number of visitors.

11. Data protection

Information on the processing of personal data can be found in our Privacy Policy.

12. Consumer dispute resolution

Notice under § 36 of the German Consumer Dispute Resolution Act (VSBG): We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

13. Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by the mandatory provisions of the law of the state in which the consumer has their habitual residence.

(2) If the buyer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Germany.

(3) If individual provisions of these Terms are or become invalid, the validity of the remaining provisions remains unaffected.

Withdrawal policy for consumers

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)