Certain areas of the Site and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site or Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Scoop Art reserves the right, at its sole discretion, to change, modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
In order to make a purchase through the Site, you must first create an account (“Account”) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Scoop Art reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Scoop Art of any unauthorized use of your Account.
Any of the following conditions constitutes a violation of these Terms and may result in the termination of your right to use the Site or Services without notice:
Disrespecting the privacy or views of other users;
Using Scoop Art or the Site or Services for unlawful purposes or to promote any unlawful activities;
Impersonating another person, allowing another person to use your identification to post or view comments or soliciting passwords or personal identifying information from other users;
Transmitting “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; or
Submitting a Communication or Contribution that infringes or contributes to the infringement of the copyright rights, intellectual property rights or privacy rights of others or that is obscene, defamatory, harmful, abusive, threatening or false.
Artists Terms and Conditions
Scoop Art reserves the right of choosing the artists to work in partnership.
Use of Content
You, the artist, grant to Scoop Art and its affiliated entities an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license and right to publish, reproduce or otherwise use all materials, text, information, images, photographs or other content listed, posted, displayed or otherwise submitted by you to the Site (collectively, the “Materials”) for all purposes, in any medium whatsoever. It shall be artist’s sole and exclusive responsibility to secure any necessary permissions and/or authorizations to list, post or display any Materials on the Site where third parties hold such rights.
Responsibility for Works
You acknowledge and agree that you are solely responsible for all artworks that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) artworks that you make available through the Site and Services, you are the creator of all such artworks and you are the sole and exclusive owner of all such artworks; and (ii) the artworks that you make available through the Site and Services nor Scoop Art’s use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
If you submit listings for artworks, you hereby appoint Scoop Art as an independent non-exclusive reseller with the right to resell such Original Works of Art through the Site and Services and on third party websites and you hereby grant Scoop Art a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the artwork in any form, medium or technology now known or later developed for the purpose of promoting Scoop Art, the Site and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (to be defined individually), which is payable only upon the sale of an artwork via the Online Sales channel.
Scoop Art will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Site and Services.
For artists who are not in Guatemala, Scoop Art will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by Scoop Art, you will be responsible for shipping the purchased artwork directly to the purchaser. You agree to ship the purchased artwork to the purchaser within seven days following the date of purchase (the “Shipping Period”). If you do not ship the purchased artwork to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled. If you ship the purchased artwork, Scoop Art will reimburse you for the amount calculated for shipping in the site.
Scoop Art will pay the artist when the buyer has received artwork and the time for refund policy has been passed.
Purchaser Terms and Conditions
Purchases of Artworks
As a buyer you acknowledge that prices do not include shipping and handling charges or applicable Taxes, if any, for which you are responsible and which will be separately identified on your receipt. Scoop Art will collect your billing and shipping information and process your payment.
Scoop Art reserves the right to cancel any order of artwork placed via the Site and Services if Scoop Art determines, in its sole discretion, that the item is out of stock, discontinued, or otherwise unavailable at the price listed via the Site and Services. If Scoop Art cancels an order placed via the Site and Services, Scoop Art will send you an email confirmation of such cancellation and you will not be charged for your order or you will be reimbursed for the amount charged.
Terms for both Sellers and Purchasers
If you are an artist and have your work on Scoop Art and have been contacted through the Site and Services by a buyer to purchase your artwork, you may not sell such artwork to the buyer independent of the Site and Services.
All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Site, are stated in U.S. dollars and do not include any sales, use, value added (“VAT”), goods and services (“GST”) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”). If you are a seller, you acknowledge that Scoop Art will withhold the Taxes required to be withheld from the payments Scoop Art makes to you.
If you are a purchaser, you acknowledge that Scoop Art will add Taxes to the amounts charged, as a separate charge, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.
You understand and agree that Scoop Art uses commercially reasonable efforts to display the colors of artworks, accurately via the Site and Services. However, because individual computer monitors may display colors differently, Scoop Art is not responsible for the color accuracy of any artworks, displayed on the Site and Services, and disclaims all liability in this regard.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at [email protected]. You acknowledge and agree that all Feedback will be the sole and exclusive property of Scoop Art and you hereby irrevocably assign to Scoop Art and agree to irrevocably assign to Scoop Art all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Scoop Art’s request and expense, you will execute documents and take such further acts as Scoop Art may reasonably request to assist Scoop Art to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.
Scoop Art Content
Scoop Art may also make available through the Site and Services text, graphics, audio, video and images of works of art (collectively, “Scoop Art Content”), some of which is owned by Scoop Art (“Scoop Art-owned Content”). Scoop Art authorizes you to download, view and print Scoop Art-owned Content” solely for your personal use in visiting the Site.
You can’t use text, graphics, audio, video and images of artworks for posting them on websites, social media or advertising.
Change to Site or Services; Termination
Scoop Art shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue, temporarily or permanently, any aspect of the Site or Services, including but not limited to content, features, or hours of availability, without notice to you. Scoop Art may also impose limits on certain features and services or restrict your access to parts or all of the Site or Services with or without notice or liability. You agree that Scoop Art may terminate your use of this Site and the Services, cancel your user registration, remove your comments and communications, and/or exercise any other remedy available to it, if Scoop Art reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of Scoop Art or any third party, or for any reason with or without notice to you. You agree that Scoop Art will not be held liable to you or any third party as a result thereof.
You agree not to do any of the following:
Use, display, mirror or frame the Site, or any individual element within the Site, Scoop Art’s name, any Scoop Art trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Scoop Art’s express written consent;
Access, tamper with, or use non-public areas of the Site, Scoop Art’s computer systems;
Attempt to probe, scan or test the vulnerability of any Scoop Art system or network or breach any security or authentication measures;
Attempt to access or search the Site, Services, Scoop Art Content download Scoop Art Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Scoop Art or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Scoop Art trademark, logo URL or product name without Scoop Art’s express written consent;
Use the Site, Services, Scoop Art Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Scoop Art Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Scoop Art Content;
Scoop Art will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Scoop Art may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
The Site, Services and Scoop Art Content are protected by the laws of Guatemala and foreign countries. Except as expressly provided in these Terms, Scoop Art and its licensors exclusively own all right, title and interest in and to the Site, Services and Scoop Art Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark; service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Scoop Art Content.
Scoop Art respects copyright law and expects its users to do the same. Please see Scoop Art’s Copyright Policy at www.scoopart.com/copyright for further information.
The Site may contain links to third-party websites or resources. You acknowledge and agree that Scoop Art is not responsible or liable for: the availability or accuracy of such websites or resources; or 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 Scoop Art 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.
THE SITE, SERVICES, Scoop Art CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Scoop Art EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Scoop Art MAKES NO WARRANTY THAT THE SITE, SERVICES, Scoop Art CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Scoop Art MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Scoop Art OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold Scoop Art, its officers, representatives, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, Scoop Art Content, or your violation of these Terms.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by applicable law, the entire risk arising out of use of the Site, Services, Scoop Art Content remains with you. Neither Scoop Art nor any other party involved in creating, producing, or delivering the Site, Services, Scoop Art Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, Scoop Art Content.
In no event will Scoop Art’s aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, Scoop Art Content or Member Content exceed: (i) if you are an artist who has sold artworks and has received any Artist Revenue Share from Scoop Art from the sale of works, the total payments made or credited to you by Scoop Art for the sale of your artworks during the three (3) month period preceding the date a claim for liability arises under these Terms; and (ii) if you are a buyer who has purchased artworks, the total payments that you made to Scoop Art for the artworks that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Scoop Art and you.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Scoop Art used herein are trademarks or registered trademarks of Scoop Art. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of Guatemala without regard to its conflict of law’s provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the courts located in the department of Guatemala, Republic of Guatemala and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between Scoop Art and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Scoop Art and you regarding the Site and Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without Scoop Art’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Scoop Art may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: by Scoop Art via email (in each case to the address that you provide).
The failure of Scoop Art to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Scoop Art. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Scoop Art
If you have any questions about these Terms, please contact Scoop Art at [email protected] or 1-888-927-4184.