Notice of Illegal Content under the DSA

1. PIXEL FEDERATION, s.r.o. (hereinafter referred to as “PIXELFEDERATION”) provides its services in compliance with Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (hereinafter referred to as the “DSA”).

2. The user acknowledges and agrees that they bear full responsibility for any content, information, or other material uploaded, stored, published, made available, or otherwise disseminated through PIXELFEDERATION’s services. Where PIXELFEDERATION becomes aware that such content is contrary to the DSA, other applicable laws, or PIXELFEDERATION’s contractual terms, it shall be entitled to take appropriate and necessary measures, including, in particular, removing such content or disabling access thereto; this shall be without prejudice to PIXELFEDERATION’s right to suspend or terminate the provision of services to the relevant user, including suspension or termination of the user’s account, where justified by the circumstances of the particular case.

3. PIXELFEDERATION shall, to the extent required by applicable law and the DSA, provide necessary cooperation to competent public authorities, including the authorities of the Member States of the European Union, the European Commission, and the European Board for Digital Services. Such cooperation may include the provision of relevant information, including personal data, where legally required. The single point of contact for communication with the aforementioned authorities is available in English or German via link.

4. Any natural or legal person who believes that information or content made available through PIXELFEDERATION’s services constitutes illegal content within the meaning of the DSA or under other applicable laws may submit a notice to PIXELFEDERATION via link.

5. In order for a notice under the preceding paragraph to be properly assessed, it must contain all elements required under Article 16 of the DSA, in particular:

a) a sufficiently substantiated explanation of the reasons why the individual or entity alleges that the information or content in question constitutes illegal content;

b) a clear indication of the exact electronic location of that information or content, such as the precise URL or URLs, and, where necessary, additional information enabling the identification of the illegal content, adapted to the type of content and the specific type of service concerned;

c) the name or business name and the e-mail address of the person or entity submitting the notice, except in cases concerning information considered to involve one of the criminal offences referred to in Articles 3 to 7 of Directive 2011/93/EU of the European Parliament and of the Council;

d) a statement confirming the good-faith belief of the notifying person or entity that the information and allegations contained in the notice are accurate and complete.

6. Upon receipt of a notice, PIXELFEDERATION shall, without undue delay, send an acknowledgement of receipt to the person or entity that submitted the notice.

7. A notice containing all of the elements set out in Section 5 above may, subject to the conditions laid down in the DSA, be considered sufficiently precise and adequately substantiated to give rise to actual knowledge or awareness on the part of PIXELFEDERATION in respect of the information or activity concerned, thereby enabling PIXELFEDERATION, acting as a hosting service provider with due diligence, to identify the illegality of the relevant information or activity without requiring a detailed legal examination (hereinafter referred to as the “Notice”).

8. In the case of a Notice, PIXELFEDERATION shall, without undue delay and taking into account the nature and complexity of the particular case, inform the notifying person or entity of its decision in respect of the information or content concerned, including the reasons for such decision where required by applicable law or the DSA.

9. If the notifying person or entity disagrees with PIXELFEDERATION’s decision, they may contact PIXELFEDERATION again via link and state the reasons for their disagreement. PIXELFEDERATION shall review such request as appropriate and inform the notifying person or entity of its final position. This shall be without prejudice to the right of the notifying person or entity to report the allegedly illegal content or activity to the competent public authorities or to seek other legal remedies available under applicable law.