Terms and Conditions of Use

scan.art (a fynd.art company)
Effective as of October 4, 2022

1. Introduction and scope of application

1.1. The following Terms and Conditions of Use („Terms”) apply when you view or use our service located at: http://scan.art and the services, features, content, applications or widgets offered by the owner and operator scan.art image recognition gmbh, an Austrian company registered at Schlossstraße 25, 8020 Graz („the Site”, „scan.art”, „the Service” „the Services”, „our Service”, „we”, „us”, „our”).

1.2. For the purposes of these Terms, „you“ means you, the person using our Service, and, if applicable, the person that agrees to these Terms when registering for an account. You and any person that you authorize to use your account may be referred to in these Terms as the „User” or the „Users”.

1.3. scan.art is an electronic catalogue of submitted and exhibited artworks to certain events (art fairs, gallery events, museums etc) or of submitted artworks to the Site as an archive. The electronic catalogue includes information like size, technique, and history of artworks as well as information regarding artists. The catalogue can be entered by all visitors of an event by scanning an artwork that has been submitted to scan.art subject to these Terms.

1.4. These Terms are applicable to all Users of our service including art fairs, art galleries, museums and artists who have individual contracts with scan.art. However, there are three sections that are only applicable to certain Users of our Service:

Section 5: only applicable to visitors of art fairs, art gallery events or museums, who scan artworks free-of-charge as a courtesy of the art fair, art gallery or museum.
Section 6: only applicable to art galleries and artists, who submit their artworks to a certain art fair, art gallery or museum free-of-charge as a courtesy of the art fair, art gallery or museum.
Section 7: only applicable to art galleries and artists who archive artworks with our Service independently from a submission to a certain art fair, art gallery event or museum.

1.5. Please read these Terms carefully before using our Service. By accessing, registering or using our Service or any functionality thereof in any manner, including but not limited to visiting or browsing the Site, on any computer, mobile phone, tablet, or other device („Device”, „Devices”), you confirm that you have read, understood and agreed to be bound by these Terms and any other applicable law. If you choose to register for and create an account to archive artworks as of Section 7 you must additionally read and agree to be bound by the specific Terms set forth in Section 7 by clicking on the „I accept”-button set forth at the end of these Terms. You also acknowledge that your submission of the credit card payment form serves as your agreement to these Terms.

1.6. If you do not agree to these Terms, please do not access, register or use our Service.

1.7. Amendment of Terms. You agree that scan.art retains the right to amend these Terms and the Site, including service offerings and prices at any time, for any reason, and the right to terminate the Site or any part of any of the Site. Any amendments or modifications we make shall be prospective only. If you have created an account, we shall notify you of any material changes to these Terms by email sent to the address you have provided to us for your account. Your continued use of a Site constitutes acceptance of any amendments, additions, or modifications to these Terms. You will be bound by all such modifications, whether or not you have notice thereof.

2. Use of the Site and our Service

2.1. Registration. You represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Austria or other applicable jurisdictions. To register as a User, you must be 18 years or over. Minor children under the age of 18 who wish to access the Service must obtain permission from their parents and their parents must agree to these Terms. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form („Customer Data“) and (b) maintain and promptly update the Customer Data to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service. We may, in our sole discretion, refuse to offer the Service to any person or entity. You are solely responsible for ensuring that these Terms follow all laws, rules and regulations applicable to you; the right to access the Service is revoked where these Terms or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services.

2.2. Password. You will create a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password/account, you must not disclose it to any unauthorized third party nor allow any unauthorized person access under your username and/or password and are fully responsible for all activities that occur under your password/account. You agree to (a) immediately notify us of any unauthorized use of your password/account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. scan.art will not be liable for any loss or damage arising from the unauthorized use of your password/account, with or without your knowledge.

2.3. Availability. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED „AS-IS“ AND „AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. We use reasonable efforts to ensure that the Service is available 24-7. However, there will be occasions when the Services will be interrupted for reasons beyond our control (e. g. maintenance, upgrades, emergency repairs). We will use reasonable commercial efforts to minimize such disruption. You agree that we will not be liable to you for any modification, suspension or discontinuance of the Service. You are responsible for obtaining access to any necessary services of third parties that may involve third party fees (e. g. Internet service provider or airtime charges).

2.4. Service Limitations. The quality of artworks may vary from Device to Device and may be affected by a variety of factors (e. g. bandwidth/speed of your Internet connection, old smartphone models, lighting conditions, mirroring, reflections and low quality submitted pictures). scan.art does not guarantee that all artworks will work with the image recognition software.

2.5. Rules of Conduct. The following Rules of Conduct apply to the Site. By using any of the Site, you agree that you will not distribute any submission that:

infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation;
is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; is bigoted, hateful, or racially or otherwise offensive; is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity;
is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Site;
does not generally pertain to the designated topic or theme of the Site;
violates any specific restrictions applicable to a public forum, including its age restrictions and procedures; or
is antisocial, disruptive, or destructive, including „flaming,“ „spamming,“ „flooding,“ „trolling,“ and „griefing“ as those terms are commonly understood and used on the Internet.

You expressly agree that you are solely responsible for any and all acts and omissions that occur under your account/password, and you agree not to engage in any unacceptable uses of the Services, which include, without limitation, use of the Services to:

submit or upload any content for which you do not own all applicable rights or that infringes the proprietary rights of other parties;
register for the Site and the Services if you have not acknowledged reading and agreed to abide by these Terms and the Privacy Policy;
interfere, disrupt or attempt to gain unauthorized access to other accounts on the Site or any other computer network;
post your personal information such as instant messaging addresses, personal URLs, physical addresses and phone numbers in any publicly viewable areas of the Site;
post or give out any financial information or transmit electronically or physically any money to other Users;
create user accounts by automated means or under fraudulent or false pretenses;
create or transmit unsolicited electronic communications such as spam to Users or promote any products or services;
submit or upload any type of material that is unlawful, harmful, hateful, threatening, abusive, harassing, defamatory, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by scan.art;
submit, engage in or upload any type of competitions or content that can cause physical or mental harm to the participants or visitors to the Site;
harass, threaten or intentionally embarrass or cause harm or distress to another person or group;
collect and publish any information about any of our Users;
adapt, modify or reverse engineer any portion of the Services or the Site;
use any spider, robot, retrieval application, or any other device to retrieve any portion of the Site;
reformat any of the pages that are part of the Site;
disseminate, store or transmit viruses, worms, Trojan horses or other malicious code or program;
encourage conduct that would constitute a criminal or civil offense;
violate any applicable federal, state, local or international law or regulation;
exploit children under 18 years of age;
invade the privacy of any person, including but not limited to submitting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 14 years of age);
solicit personal information from a child under 14 years of age;
submit false or misleading information to scan.art, the Site or other Users; or
engage in any other activity deemed by scan.art to be in conflict with the spirit of these Terms and the Privacy Policy.

We cannot and do not assure that other Users are or will be complying with the foregoing rules of conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

2.6. Electronic Communication. You agree that we may communicate with you regarding our Service, including information about us and special offers, via the email address you provided.

2.7. Contact. Any questions, comments or suggestions, including any report of violation of these Terms may be sent to: scan.art image recognition gmbh, Schlossstraße 25, 8020 Graz, Austria.

3. Intellectual Property Rights

3.1. Intellectual Property Policy. scan.art respects the intellectual property rights of others, and we expect you to do the same. These Terms do not allow sharing, submitting, uploading or archiving any content that violates or infringes someone else’s copyrights, trademarks or other intellectual property rights.

3.2. Trademarks. All brand, product and service names used in the Services that identify scan.art are the sole property of scan.art or its licensors. All brand, product and service names used in the Services that identify third parties and their products and services are proprietary marks of such third parties. Nothing in the Services shall be deemed to confer on any person any license or right on our part or any third party with respect to any such image, logo or name.

3.3. Copyright. Unless otherwise stated in these Terms or on the Site, scan.art is the owner of all copyright and database rights in the Services and its contents. You may not publish, distribute, extract, reuse or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with these Terms.

3.4. scan.art Content, Site Licence. As between you and scan.art, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs of the Services, and all intellectual property rights related thereto (the „scan.art Content”), are either owned or licensed by scan.art. Use of the scan.art Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content. Subject to the terms and conditions of the Terms, scan.art grants you a worldwide, personal, limited, revocable, non-exclusive and non-transferable license to use the Site and the Services. This license is exclusive to you and you may not sublicense the use of the Site. The Service contains content specifically provided by us or our partners, including, but not limited to data, text, software, sound, scripts, code, designs, photos, graphics, videos, messages, interactive features or other materials or content. You acknowledge and agree that scan.art may terminate this license at any time for any/no reason. scan.art reserves all rights not expressly granted herein in the Services and the scan.art Content. scan.art expressly retains all ownership rights, title and interest in and to all aspects of any software, Services and the Site, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Site. You may not modify the Site, create derivative works of the Site, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Site that would reveal any source code, trade secrets, know-how or other proprietary information. This license shall not be interpreted as granting rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Site. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Site or displayed by, on, or in the Site. You may use the Site only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Site after any termination or expiration of your agreement to these Terms for any reason.

3.5. Copyright, Other Proprietary and Privacy Protection for Other Users' Content on the Site. scan.art hereby notifies you that all the information, content, image files, software and materials on the Site may be protected by copyright and other intellectual property laws and by other applicable laws, including privacy laws. You understand that scan.art is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright or other intellectual property rights. You may not copy or distribute such material without the written consent of the owner, and you are solely responsible for any copyright or other intellectual property law violations that you may incur as a result of your activities on the Site. scan.art may terminate your account or exclude you from any Site if you use our Services to violate the intellectual property rights or other rights of third parties. You agree to indemnify and hold scan.art harmless for any violation of this provision.

3.6. Claims of Copyright Infringement. We have adopted and implemented a policy that provides for the termination of Users who are infringers of copyright. Notifications of claimed copyright infringement must be sent to: scan.art image recognition gmbh, Schlossstraße 25, 8020 Graz, Austria. To be effective, this written notification must include the following:

A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may notify you that we have removed access to certain material by a general notice on the Site, electronic mail to a User's e-mail address in our records or written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent. To be effective, the written counter-notification must include the following:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
Your name, physical address and phone number.

4. Privacy Policy

4.1. Privacy. scan.art has established a Privacy Policy to explain how your personal information is collected and used. scan.art respects the privacy of individuals who visit the Site, create accounts and/or provide comments to us. We collect addresses, names and other identifying and contact information from Users of the Site to correspond with customers about any questions relating to the Services. Occasionally we may use this information to send Users information about specials and promotions that we may be passing along to customers. We may also collect identifying information about you through a log of all traffic on our website and aggregate that information into site functionality data. Our purpose for collecting the information is to analyze the use of the Site and improve its format and functionality. We do not disclose any personally identifiable information, except under limited circumstances, specifically set forth in the Privacy Policy. If you choose to make your profile public then scan.art has the right to display said profile and its contents (including all public information and images of artworks) on the Site and its related social media channels.

4.2. Disclosure of Information. scan.art may make your identifiable information, account information and the content you provide available to our employees and third parties with whom we contract for use to handle your account. In addition, scan.art may provide non-personally identifiable aggregate statistics, unique identifiers, demographic and other anonymous information about you and other Users to advertisers, service providers and other third parties. You agree that scan.art may make such uses of information you provide or scan.art collects. You agree that scan.art may access, preserve and disclose your account information, any information provided by you to scan.art, including, but not limited to the content you provide for the purposes described in these Terms, if required to do so by law or if in good faith, scan.art believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with any legal process, including but not limited to an enforceable court order or lawful third party subpoena; (b) enforce these Terms; (c) respond to claims that any content you provide violates the rights of third parties; or (d) protect the rights, property or personal safety of scan.art, its Users and/or the public. As scan.art continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of your information as one of the transferred assets and to be used for any purpose allowed under these Terms.

5. Special Terms applicable to visitors of art fairs, art gallery events or museums, who scan artworks free-of-charge as a courtesy of the art fair, art gallery or museum

5.1. Pricing. Using our Service as a visitor of art fairs, art gallery events and museums as a courtesy of the art fair, museum or art gallery is free-of-charge for the visitor.

5.2. Scanning Artworks. You may print off one copy of any or all of the pages of artworks you scanned and/or saved for your own personal non-commercial use. Except for with scan.art’s written consent, you may however not (a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), broadcast, alter or tamper with in any way or otherwise use any material contained on the Site (including content that has been created by other Users, including art fairs, art galleries and artists, unless it is your own content that you legally post to the Site or Services); (b) publish, distribute, broadcast, share, upload, copy, reproduce or make available your private copy of your scanned artworks in any public way, including but not limited to social media channels or public websites (c) remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the Site; (d) link to the Site; (e) use the Site (or any part of it) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious codes, including viruses, or harmful data, into the Site or any operating system; (f) use the web application in a way which could damage, disable, overburden, impair or compromise scan.art’s systems or security or interfere with other Users; (g) collect or harvest any information or data from the Site or our Service or attempt to decipher any transmissions to or from the servers running any part of the Site; (h) change or delete any ownership notices from materials downloaded or printed from the Site; (i) circumvent or modify any security technology or software of the Site or our Service.

6. Special Terms applicable to art galleries and artists, who submit their artworks to a certain art fair, art gallery or museum free-of-charge as a courtesy of the art fair, art gallery or museum

6.1. Pricing. Using our Service as an art gallery or artist to submit artworks that are exhibited at a certain art fair, art gallery event or museum as a courtesy of the art fair, art gallery or museum is free-of-charge for the art gallery or artist.

6.2. Submitting/Archiving artworks. You may place Content on the Site only in accordance with the following limitations. You may not store any of the following material on the Site or obtain any such material using the Site:

any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) whose likenesses are displayed in the material; or
any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law; or
any material sent from an anonymous or false address.

While we do not and cannot review all material on the Site, and are not responsible for the Content, we reserve the right to remove, delete, move, or edit Content that, in our sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable. scan.art will not be liable for the Content of any submission. You agree to indemnify and hold scan.art harmless for any violation of this provision.

6.3. Copyright in Your Content. scan.art does not claim ownership rights in any information, including, but not limited to data, text, software, sound, scripts, code, designs, photos, graphics, videos, messages, interactive features or other materials or content you make available or use in connection with the Site and our Service or use in connection with your account („Content“). You remain the owner of all Content (e.g. submitted and archived artworks) that you submit to the Service and as a condition to your use of the Site and the Services, you represent and warrant to scan.art that you are the owner of the copyright to the Content you submit to the Service or that you have written permission from the copyright owner to submit such Content. You confirm not to submit photos or videos of your artwork or another person’s artwork without the permission of the copyright owner.

6.4. Rights You Grant Us and Our Users. By posting any Content (e.g. submitting or archiving artworks) via our Service, you expressly grant, and you represent and warrant that you have a right to grant to us (and our successors) a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, if applicable, in whole or impart, and in any form, media or technology, whether now known or hereafter developed, for use in connection with our Service, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby grant each User of the Site and/or the Service a non-exclusive license to access your User Content through the Site and the Service and the non-exclusive right to scan your artwork, so that they can get information about you as an artist and the galleries (especially contact details) and to create a personalized list of scanned artwork and copy said list for private use. For clarity, the foregoing license granted to scan.art and the Users does not affect your other ownership or license rights, including the right to grant additional licenses to the material, unless otherwise agreed in writing with scan.art. You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. You are responsible for ensuring that uploaded content that is intended for publication does not interfere with the property rights of agencies such as members of the IFRRO - International Federation of Reproduction Rights Organisations, or other reproduction rights organisations. You understand and agree that some of your Content may continue to appear on or through the Site or may persist in backup copies for a reasonable period of time even after your account and/or access to the Site is terminated or downgraded. You agree to indemnify and hold scan.art harmless for any violation of the above warrants. You assert that you use, modify and reproduce the Content, solely for non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than non-commercial use is expressly prohibited without prior written permission from scan.art, or from the copyright holder identified in such Content’s copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.

6.5. Quality Assessment. scan.art (or the operators of the website) reserves the right to access existing user profiles for the purpose of reviewing the quality and scanability of the artworks uploaded by artists or galleries. This quality assessment is conducted to ensure a high standard of content on the platform. This access does not grant the operators access to your passwords or any sensitive data.

6.6. Profile Adjustments. scan.art (or the operators of the website) may also make minor adjustments to user profiles if, for example, there is missing essential data or if corrupt image files have been uploaded. These adjustments aim to maintain the integrity and functionality of the platform and to provide a seamless user experience. These adjustments do not involve accessing sensitive information, such as passwords or any other sensitive data from your scan.art profile.

7. Special Terms applicable to art galleries and artists who archive artworks with our Service independently from a submission to a certain art fair, art gallery event or museum

7.1. Different Service options. We explain which Service options are available to you when you create a scan.art account. Certain options are provided to you free-of-charge (e.g. free trial for 30 days). Other options require payment before you can access them. We may also offer special promotional services. We reserve the right to modify, terminate or otherwise amend our offered promotional offerings at any time in accordance with these Terms.

7.2. Conclusion of contract. The different service options can be ordered at the Site. You can use the integrated online order form. As soon as you have placed the selected service option in the virtual shopping basket and have gone through the electronic order process, you make a legally binding offer to enter into a contract in respect of the services contained in virtual shopping basket by clicking the „order now with obligation to pay“-button which concludes the ordering process. A contract is only concluded if you confirm that you have read, understood and agreed to be bound by these Terms (including Sections 7.3 and 7.5 of these Terms regarding our cancellation policy), the Privacy Policy, and the Cancellation Policy and request that scan.art begins with the execution of the ordered service before the end of the cancellation period and confirm that you are aware that you thereby lose your right of cancellation. When you place an order to purchase a service from scan.art, we will send you a message confirming receipt of your order, containing the details of your order and thereby concluding the contract.

7.3. Right of cancellation. You have the right to cancel your order without giving any reason within 14 days from the day of the conclusion of the contract. You must inform us (scan.art Internet Services GmbH, Schloßstraße 25, 8020 Graz, Austria) of your decision to cancel your order. To meet the cancellation deadline, it is sufficient for you to send your communication on the exercise of the right to cancellation before the cancellation period has expired. The right to cancellation does not exist if the contract is regarding (i) a service and fynd.at has fully performed it (e.g. the use of the application to scan and archive artworks) and you acknowledged and expressly accepted before you placed your order that we could start to deliver our Service, and that you could not cancel it once the contract had been fully performed; (ii) the supply of digital content (including apps, digital software etc.) if you expressly accepted before your order has been executed and at the same time confirmed that we could start to deliver the content, and that you could not cancel it once delivery had started.

7.4. Art Fair/Gallery Registration: If you establish an account on behalf of a gallery or art fair (“Brand”, „Brand Account“), the terms „you“ and „your,“ as used throughout the Terms, apply to both you and the Brand. If you create a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Terms and to bind the Brand to these Terms.

7.5. Pricing. Some service options are free-of-charge. For those options that require payment you may create an account by (1) paying a subscription fee in advance monthly or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the scan.art Service for a specific time. scan.art may change the respective prices for your account from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the scan.art Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing and deleting your account prior to the price change going into effect. Unless your account is subject to a pre-payment, your payment to scan.art will automatically renew at the end of the applicable subscription period, unless you cancel your account before the end of the then-current subscription period by clicking here. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods.

7.6. Payment. scan.art will bill your credit card for all fees. You will provide scan.art with accurate and complete billing information including legal name, address, telephone number, and credit card billing information. If such information is false or fraudulent, we reserve the right to terminate the Services and your access to the Site in addition to seeking any other legal remedies. scan.art is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by scan.art. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in euros and are due as set forth on the Site. scan.art’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only Austrian taxes based solely on scan.art’s income.

7.7. Submission of Artworks. You may place Content on the Site only in accordance with the following limitations. You may not store any of the following material on the Site or obtain any such material using the Site:

any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) whose likenesses are displayed in the material; or
any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law; or
any material sent from an anonymous or false address.

7.8. Scanning Artworks. If you archive your artworks with our Service, you (and your customers, clients etc) can scan these artworks at any time.

7.9. Copyright in Your Content. scan.art does not claim ownership rights in any information, including, but not limited to data, text, software, sound, scripts, code, designs, photos, graphics, videos, messages, interactive features or other materials or content you make available or use in connection with the Site and our Service or use in connection with your account („Content“). You remain the owner of all Content (e.g. submitted and archived artworks) that you submit to the Service and as a condition to your use of the Site and the Services, you represent and warrant to scan.art that you are the owner of the copyright to the Content you submit to the Service or that you have written permission from the copyright owner to submit such Content. You confirm not to submit photos or videos of your artwork another person’s artwork, without the permission of the copyright owner.

7.10. Rights You Grant us. By posting any Content (e.g. submitting or archiving artworks) via our Service, you expressly grant, and you represent and warrant that you have a right to grant to us (and our successors) a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, if applicable, in whole or impart, and in any form, media or technology, whether now known or hereafter developed, for use in connection with our Service, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby grant each User of the Site and/or the Service a non-exclusive license to access your User Content through the Site and the Service and the non-exclusive right to scan your artwork, so that they can get information about you as an artist and the galleries (especially contact details) and to create a personalized list of scanned artwork and copy said list for private use. For clarity, the foregoing license granted to scan.art and the Users does not affect your other ownership or license rights, including the right to grant additional licenses to the material, unless otherwise agreed in writing with scan.art. You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. You are responsible for ensuring that uploaded content that is intended for publication does not interfere with the property rights of agencies such as members of the IFRRO - International Federation of Reproduction Rights Organisations, or other reproduction rights organisations. You understand and agree that some of your Content may continue to appear on or through the Site or may persist in backup copies for a reasonable period of time even after your account and/or access to the Site is terminated or downgraded. You agree to indemnify and hold scan.art harmless for any violation of the above warrants. You assert that you use, modify and reproduce the Content, solely for non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than non-commercial use is expressly prohibited without prior written permission from scan.art, or from the copyright holder identified in such Content’s copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.

7.11. Quality Assessment. scan.art (or the operators of the website) reserves the right to access existing user profiles for the purpose of reviewing the quality and scanability of the artworks uploaded by artists or galleries. This quality assessment is conducted to ensure a high standard of content on the platform. This access does not grant the operators access to your passwords or any sensitive data.

7.12. Profile Adjustments. scan.art (or the operators of the website) may also make minor adjustments to user profiles if, for example, there is missing essential data or if corrupt image files have been uploaded. These adjustments aim to maintain the integrity and functionality of the platform and to provide a seamless user experience. These adjustments do not involve accessing sensitive information, such as passwords or any other sensitive data from your scan.art profile.

8. Termination of Use of the Site and Our Service

8.1. Suspension/Termination of Access/Account. scan.art reserves the right to temporarily or permanently suspend or terminate your account and use of the Site, delete your profile and any of your Content and/or restrict your use of the Service at any time, without notice, for any reason, including but not limited to the following:

breach of these Terms, including policies or guidelines set forth by scan.art elsewhere;
conduct that scan.art believes is harmful to other Users of the Services or the business of scan.art or other third party information providers;
activities that occur on your account which, in our sole discretion, would or might infringe or violate any third party rights (including intellectual property rights).

Further, you agree that scan.art shall not be liable to you or any third party for any termination of your access to the Site. scan.art reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. After any line of action subject to this provision you are not allowed to create a new account to circumvent the termination, deletion or restriction. You agree that scan.art shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

8.2. Termination by the User. If you are a visitor of an art fair, art gallery event or museum, who scans artwork free-of-charge as an art gallery or artist, who scans and archives artworks free-of-charge as a courtesy of the art fair, art gallery or museum, you don’t need to terminate your account. You will be able to login to your account, however, our Service will no longer be available to you one week after the event, except if you decide to permanently archive artworks with our Service. If you are (then) using our Service independently from a certain art fair, art gallery event or museum, you may terminate your account at any time by clicking here. Communications made through our Service's email and messaging system, will not constitute legal notice to us or any of our officers, employees, agents or representatives in any situation where notice is required by contract or any law or regulation. Please be aware that once you choose to terminate your account you will not be able to reactivate your account or retrieve any of the content or information you have added.

8.3. Effect of termination. If you or scan.art terminate your account, scan.art shall have no liability or responsibility to you, and scan.art will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.

9. Exclusion of warranties and limitation of liability

9.1. Disclaimer of Warranty. THE SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN „AS IS“ AND „AS AVAILABLE“ BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, scan.art, TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, MAKES NO WARRANTY THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT THE SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE, INCLUDING THE SERVICES WILL BE AVAILABLE, OR THAT DATA ARE SECURE FROM UNAUTHORIZED ACCESS. IN ADDITION, scan.art MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE scan.art SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND scan.art IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. scan.art MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE SITE. NO ADVICE OR INFORMATION GIVEN BY scan.art, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY. IN ADDITION, scan.art DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

9.2. Limitation of liability. Nothing in these Term or other CONTRACTS BETWEEN YOU AND SCAN.ART REMOVES OR LIMITS SCAN.ART'S LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, AND, IF REQUIRED BY APPLICABLE LAW, GROSS NEGLIGENCE. Some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the limitations mentioned hereinafter may not apply to you. It is the intention of you and scan.art that THE BELOW LIMITATION be construed by a court as being the broadest limitation of liability consistent with applicable law:

You acknowledge, by your use of the Site or the Services, that your use of the Site or the Services and any reliance upon either is at your sole risk, that you assume full responsibility for all costs associated with your use of the Site or the Services. You agree that, to the fullest extent permitted by applicable law, under no circumstances shall scan.art, OUR AFFILIATES, DIRECTORS, OR EMPLOYEES, OR OUR LICENSORS OR PARTNERS, be liable for any indirect, incidental, special or consequential damages, including, but not limited to, damages for loss of profits, use, images, data or other intangibles, even if scan.art has been advised of the possibility of such damages, that result from the use or the inability to use the Site or the Services, from any changes to the Site or the Services or from unauthorized access to or alteration of your transmissions or content.
You agree that, to the fullest extent permitted by applicable law, that under no circumstances shall scan.art be liable or responsible for harm or damages arising from your use of the information, facts, and opinions available on the Service and the Site or arising out of any action taken in response to or as a result of any information, facts, and opinions available on the Site and the Service. You hereby waive any and all claims against scan.art and its subsidiaries, divisions, affiliates, agents, representatives and licensors arising out of your use of the Site and the Service and the information, facts, and opinions available thereon. You agree to assume responsibility for any harm or damages of any kind or character whatsoever resulting from these possible harms.
You shall defend, indemnify, and hold harmless Scan.art, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Services or Content or otherwise from your submissions, violation of these Terms, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Scan.art reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with scan.art in asserting any available defenses.
You specifically acknowledge that down-time and computer viruses are risks inherent in the use of the internet and software products, and scan.art is not responsible for any harm or damages that may arise from your use of the information, facts, and opinions provided in connection with the Site or the Services. You agree to assume responsibility for any harm or damages of any kind or character whatsoever resulting from these possible harms. You also specifically acknowledge that you may be disclosing sensitive, private and confidential information about yourself in your use of the Site and the Services and you agree to assume responsibility for any harm or damages of any kind or character whatsoever resulting from your release of such content.
If you are dissatisfied with the Site or the Services or with any of these Terms, or feel scan.art has breached these Terms, your sole and exclusive remedy is to discontinue using the Site and the Services. The total liability of scan.art to you for any claim arising from or relating to these terms or use of the Site or the Services shall not exceed the amount paid by you for the Services. It is the intention of you and scan.art that this provision be construed by a court as being the broadest limitation of liability consistent with applicable law.

10. Miscellaneous

10.1. External Links. scan.art may provide links that will take you to a third party website. These links are provided for your convenience only. If you decide to access a linked website you do so at your own risk. We do not endorse or take responsibility for the content on another website or the availability of another website and you agree that we are not liable for any loss or damage that you may suffer by using another website.

10.2. Advertising. In consideration for the rights granted to you under these Terms, you grant us the right (1) to allow our Service to use the processor, bandwidth, and storage hardware on your Device to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of our Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including scan.art's agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by scan.art (e.g. blog articles) may contain advertising as part of the Content. The scan.art Service makes such Content available to you unmodified.

10.3. Invalidation of Terms. If any part/clause of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on our part to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of our Service.

10.4. Transfer of Rights. scan.art may transfer its rights and obligations under these Terms to any affiliate of fynd.art. Any such transfer will not affect your rights or our obligations under these Terms.

10.5. Effectiveness of Terms after Termination. These Terms (especially those that either explicitly or by their nature must) remain in effect even after your account and/or access to the Site and our Services is terminated.

10.6. Language of Terms. Where we have provided you with a translation of the English language version of these Terms, then you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with scan.art.

10.7. Claims, Applicable Law, Jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Services or these Terms must be brought, if at all, within one (1) year from the accrual of the claim or cause of action or be forever barred. You and scan.art agree that these Terms and any claims hereunder shall be governed by and subject to the laws of Austria, without regard to conflict of law provisions. You agree to personal jurisdiction by and venue in courts located in Austria.1

10.8. No Resale of Services. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

10.9. Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and scan.art as a result of these Terms of the Site or the Services.

10.10. Force Majeure. scan.art will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond scan.art's reasonable control.

10.11. Construction. The headings of Sections of these Terms are for convenience and are not to be used in interpretation.

10.12. Entire Agreement. These Terms and any additional written contract between you and scan.art constitute the entire agreement between you and scan.art and govern your use of the Site and the Services, superseding any prior agreements between you and scan.art. If any provision of these Terms is found to be invalid by a court of competent jurisdiction, you and scan.art nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.