Terms of Service

Legal Warning

 

David Chumilla Liccioli (hereinafter, the Holder) with NIF ES48653637N, and address at Calle Balsas Nº6 5A 30001 Murcia España (Spain), is the owner of the Marketplace accessible through the URL: https://scansup.com/ (hereinafter, ScansUp or the Marketplace, indistinctly).

For any questions, concerns or suggestions regarding ScansUp, you can contact us through the email address contact@scansup.com.

Next, we proceed to show the conditions that in a general way regulate access to the Holder’s page, both of the services and functionalities offered there, without prejudice to the application of other different conditions or their modification. A periodic reading and revision is recommended since there may be modifications in the legal texts. We will always inform any meaningful modification to this terms to the Seller Users.

Our Seller Terms and Licence Policy are part of this full Terms of Service Agreement.

General Conditions of Use

 

1. Identification of the parties

These General Conditions of Use are signed on the one hand by the Holder and on the other by you, as a natural or legal person User who voluntarily accesses the Marketplace freely and free of charge. These conditions will be applicable regardless of using the services offered on the platform.

2. Marketplace Object

The purpose of this Marketplace is to make available to Users a platform in which Seller Users can offer digital content to third parties who would be Buyer Users. Access and navigation through the Marketplace is free, although the offer and sale of content by third parties entails the acceptance of Content Publishing Terms and the purchase of digital content owned by ScansUp the acceptance of General Conditions of Purchase of Content.

All purchase processes are managed through the https://gumroad.com/ platform.

3. Obligations of the User

As a User by simply accessing and browsing through the Marketplace, you must:

1. 1. Use ScansUp diligently, correctly and lawfully, always in compliance with current legislation, morality and good customs, as well as public order.
   2. Periodically review these Conditions, or any others that are applicable, checking the modifications that may occur.
   3. Review the communications that ScansUp sends you, as they may contain important information.
   4. Not to use the Marketplace for commercial purposes, especially to collect information or content in order to provide services that clearly constitute a competition for ScansUp.
   5. Do not modify or attempt to modify in any way, or take any action or use any means intended to simulate the appearance or functions of the Marketplace.
   6. Not to damage, disable, overburden, or impair the Service (or the network(s) connected to the Service), or interfere with your use and enjoyment.
   7. Refrain from carrying out any action that leads to the introduction of computer viruses, worms, Trojans or any other kind of malicious code intended to interrupt, destroy or limit the functionality of the Marketplace.
   8. Do not use reverse engineering techniques and/or decipher, decompile or use any other system intended to discover the source code of ScansUp.
   9. In any case, not to carry out any type of act that may violate the rights or interests of the Holder or third parties, such as, for example, intellectual or industrial property rights (patents, trademarks, copyrights, trade secrets… ).

 

4. Availability of the Marketplace

The Holder tries to improve and expand ScansUp, as well as its content and the services offered therein. Despite this, the Marketplace will be displayed as it is at all times, depending on availability, limitations and other concurrent circumstances.

5. Registration on the platform

The User can register with Gumroad (https://gumroad.com/) to make use of the functionalities offered by ScansUp. You can find more information about the conditions of use and registration on the Gumroad platform through the following link: https://app.gumroad.com/terms. There is no open registration available for Seller Users. Seller User registration will only be carried out upon the specific and direct request of the user who wishes to become a Seller User.

6. Particular Conditions for the Purchase of Content by Buyer Users

6.1. ScansUp as Marketplace

ScansUp is a Marketplace, which acts as a technological intermediary that makes a channel available to Users through which they can offer their content and buy it. However, ScansUp additionally markets its own content on the Marketplace under the Seller User Stonelake3D.

Registration with Gumroad allows the User, after a special process and the acceptance of special legal terms, to publish advertisements of its content (in which case the User will be called Seller or Seller User).

In addition, the User may purchase from Sellers the content offered by them or by ScansUp (in which case the User will be called Buyer or Buyer User).

6.2. Identification of the parts of the purchase by Users.

For the purposes of these Particular Conditions, the parties shall be understood as:

1. 1. ScansUp (or the Marketplace, indistinctly) as a technological intermediary in the contractual relationship between the Seller and the Buyer. In this case, the contractual relationship regarding goods or services will be between the Seller and the Buyer, unless the digital content that is purchased is owned by ScansUp.
   2. The Seller User, understood as any natural person of legal age who completes all the steps aimed at the publication of advertisements, freely and voluntarily in order to offer their digital content, including the acceptance of the Terms of publication of advertisements. From now on, whenever they are Seller Users of the Marketplace, they will be referred to as “Sellers”.
   3. The Buyer User, understood as any natural person of legal age who completes all the steps aimed at purchasing the content, freely and voluntarily, including acceptance of the Terms provided by the Sellers. From now on, whenever they are Users of the website, they will be referred to as “Users” and if they are Buyers they will be referred to as “Buyers”.

 

The Buyer must accept the General Purchase Conditions of Gumroad that are attached at the following link.

6.3. Purchase of content between Sellers and Buying Users

The purchase process for Buyers of digital products can be carried out through the Marketplace and the https://gumroad.com/ platform, through the form established for this purpose, indicating the data required at the time of purchase with the Seller.

Next, the User, to buy from the Seller, must:

1. 1. Click on “Add to cart” (or similar identification), although you must previously establish a fair price indicated by the Seller.
   2. Once the User has clicked on the previous button, he must access the cart, verifying that the services correspond to the selection made and clicking on “Checkout”.
   3. After that, in case the purchase is not made as a Gumroad registered User, the User must enter all the necessary data to make the purchase. In all those cases in which access has been made in such a way that information about the User’s identification data, address or payment method has not been obtained, it will be necessary for the User to provide such information so that the processing of the purchase can be managed.
   4. It will be necessary for the User to select the chosen payment method. Currently available payment methods are: Debit or credit card or PayPal. The available payment methods depend completely on those offered by Gumroad during the checkout process at the time of the purchase. ScansUp, as a website, does not process or execute any transactions.
   5. Whenever the User has provided this data, they must, after reviewing their request and depending on the payment method selected, proceed to the payment and thereby confirm their willingness to contract and formalize the purchase of content after accepting these Conditions.
   6. Discount coupons may be applied if the User has a promotional coupon.
   7. Gumroad will confirm having received the will to buy the products and, where appropriate, the payment of the order. In the same way, the corresponding invoice will be sent by email, when the client has requested it. Gumroad handles this entire process independently, without involving ScansUp.

 

6.4. Particular Conditions established between Sellers and Buyers

6.4.1. Generalities

The Particular Conditions are the terms that regulate the purchase of digital content by Sellers in favor of Buyers and are accepted at the time the Buyer purchases the content from the Seller. ScansUp is not responsible for and does not control such Terms as they are imposed by Sellers. They are Particular Conditions: the characteristics of the content, price policies, cancellation and other conditions established in the content object of purchase arranged in each advertisement.

ScansUp, unless expressly stated otherwise, is not the Holder or provider of the content offered on the platform and is not part of the purchase made between Sellers and Buyers in any case, therefore is not responsible for any type of damage or incident arising as a result of the purchase and provision of said content.

6.4.2. Pricing policy

The prices and characteristics of the contents will depend on what is established by the Seller in its section, which will be those shown at all times in the advertisement and will form part of the Particular Conditions signed between Sellers and Buyers. 

Any additional concept will be indicated on the Gumroad checkout page, in such a way that Users will have access to it before starting the purchase procedure. Prices are shown in euros or dollars. Before buying any of the selected content, Gumroad will show you the prices broken down according to the tax base and the applicable taxes at any given time.

The Marketplace may include promotions and/or discount codes provided by Seller Users. Such circumstances will appear reflected on the screen, as well as any applicable conditions in your case. Since these promotions or discounts are set by the Sellers, any modification is subject to their will, without ScansUp intervening in said modifications.

6.4.3. Withdrawal and cancellation

In general, in accordance with the provisions of article 103. m) of the consolidated text of the General Law for the Defense of Consumers and Users, Buyers do not have the right to withdraw from the contract as soon as they execute the purchased digital content, understanding as such the use or download of the content. In any case, if the right of withdrawal is applicable, this right must be exercised against the Seller by the Buyer, all without ScansUp being responsible or liable in any case of such an exercise.

If the User has any problem arising from the Seller’s services on the platform, they may resort to the online dispute resolution system of the European Union, accessible from the following link: https://webgate.ec.europa.eu/odr /.

7. Exclusion of liability

ScansUp works so that the services and functionalities of the Marketplace are always available. However, when you access it, it will be shown to you according to the availability and limitations that exist at any given time.

Despite the continuous effort of the Holder to protect the systems and contents included in the platform, for which purpose it uses the usual security standards on the Internet, it is not possible to offer full guarantees in relation to intrusions or loss of information that may occur. Likewise, the absence of viruses or other harmful elements on the platform or on third-party websites that may cause alterations in the User’s computer system, both software and hardware, cannot be guaranteed. For this reason, the User assumes and understands that there are situations that may be beyond the control of ScansUp.

The Marketplace may include links to pages or sites of third parties unrelated to the Holder, for which it does not assume any type of responsibility by not approving or reviewing their functions and contents. The User who accesses any link published on the platform does so at their own risk and venture, without the Holder assuming any responsibility for it.

Likewise, the Marketplace is exempt from any liability arising from its misuse by Users, as well as from non-compliance with the obligations or commitments assumed under these conditions or any other applicable conditions. Similarly, the main relationship of the services will be between the parties, so ScansUp will not be obliged to the Buyer and Seller User other than to invoice for its own services, not for those offered and performed by any other Seller.

ScansUp will not be responsible for the content and contents offered by the Sellers, their suitability, or the information provided or any issue related to the processes of purchasing the content offered by Sellers, since it is a mere technological intermediary.

If any User considers that any content infringes any intellectual and industrial property right, or it may be xenophobic, insulting or similar content, they can contact the Holder through the address contact@scansup.com as soon as possible.

8. Intellectual and industrial property rights

8.1. Intellectual and industrial property rights over the Marketplace

All intellectual and industrial property rights over the Marketplace and its contents (excluding Seller Users products not owned by ScansUp), including programming, design, applications, graphics, codes, text or images, trademarks, trade names, distinctive signs and other elements therein present belong exclusively to the Holder, including the ScansUp brand, or has sufficient rights and/or authorizations for its exploitation. 

As a consequence of the foregoing, any reproduction, distribution, public communication (including making available), transformation or any other form of exploitation, not even citing the sources, is prohibited, except with the prior, express and in writing from the Holder or the exclusive holder of the affected rights.

8.2. Industrial and intellectual property of the products offered by the Seller Users and Licency Policies of the products

Seller Users must own the rights of any content uploaded to the Platform. ScansUp is not responsible for Seller Users actions and their content in any case. 

Seller Users have the right to establish their own Particular Conditions, Conditions of Use and License Policies for the products they offer in the Marketplace to Buyer Users. A Seller User may also choose to apply ScansUp Licenses Policy to any of the products they offer in the Marketplace. ScansUp Licenses Policy is part of the full Terms of Service Agreement. 

If you detect any infraction, please notify us by email contact@scansup.com.

9. Compensation

The Holder may sanction any of the Users who fail to comply with the conditions that apply to them, with the impossibility of accessing, temporarily or indefinitely, the Marketplace. The length of the penalty will depend on the type of offense committed. The restriction of access will not entail in any case the right to compensation.

Any type of damage, harm, loss or cost (including lawyers’ and/or solicitors’ fees) derived from a breach by the User of these Conditions or of any others that may be applicable, incurred by ScansUp must be compensated by the User who originated it. This includes any third party claims arising from such breaches.

10. Modifications

These Conditions may be modified and/or updated at any time with prior notice to the Seller Users but not to regular Users. The modifications made will enter into force as of their publication in the Marketplace, whatever the means and form used for it.

11. Other matters

11.1. Safeguard and interpretation

If the competent Authority declares any of these provisions as illegal, invalid or unenforceable, this will mean that it must be interpreted as closely as possible to the original intention of such provision. In any case, such a statement regarding one or more clauses will not prejudice the validity of the remaining ones.

The non-demand by the Holder of strict compliance with any of the terms of these Conditions, does not constitute and cannot be interpreted in any case as a waiver on his part to demand it in the future.

11.2. Language

The language applicable to these Conditions is Spanish. If versions are provided in other languages ​​such as English, it will be solely as a courtesy and greater convenience for the User. In case of contradiction, the Spanish version will prevail.

11.3. Legislation and jurisdiction

The relations between the Holder and the User will be governed by Spanish legislation and the discrepancies or conflicts regarding these Conditions will depend on the User having the status of consumer and/or User in accordance with the applicable regulations.

Being a consumer (buyer) and/or User, the conflicts will be submitted to the Courts and Tribunals of the User’s domicile. In the event that it did not have such a condition, the conflicts will be determined in the Courts and Tribunals of Murcia (Spain).

Content Posting Terms

 

1. Identification of the Parties

These Content Publishing Terms govern the terms applicable to the publication of digital content by third parties to be offered through ScansUp. The parties involved in said purchase are:

1. 1. David Chumilla Liccioli (hereinafter the Holder) with NIF ES48653637N, and address at Calle Balsas Nº6 5A 30001 Murcia España (Spain) is the Holder of the Marketplace accessible through the URL: https://scansup.com/ (hereinafter, ScansUp or the Marketplace , indistinctly) as a technological intermediary in the contractual relationship between the Seller and the User.
   2. The Seller, understood as any legal or natural person of legal age who is registered as a Seller User in the Marketplace accessible through https://scansup.com/ and completes all the steps aimed at publishing content, freely and voluntarily in order to offer the digital content of which it owns or is sufficiently licensed for sale.

 

2. Object

The purpose of these Conditions is to establish a framework for the publication of content made on the platform by Sellers related to the sale of digital content.

ScansUp is a Marketplace that makes available a common space for those who wish to find digital content, and those who wish to make their own digital content available to potential Buyers.

The Purchase process is carried out through the functionalities offered by Gumroad (https://gumroad.com/).

3. Publication of digital content ads by Sellers

The publication of the digital content in the ScansUp Marketplace, by the Sellers, will be done entirely through the ScansUp and Gumroad platform. In the following sections, mention is made of the process that must be followed as the rules for publishing the ads, although Gumroad may establish modifications to them. Scans Up and Seller Terms is part of the full Terms of Service Agreement.

3.1. Publishing process

The process of publishing digital content for sale can be carried out through the Marketplace by referring it to Gumroad. The user must request to register as a Seller User in the Marketplace and provide sufficient data such as an email and nickname for the creation of login credentials. In order to post in the Marketplace, the user must own a Gumroad store or Gumroad products. There is no open registration on ScansUp.

Next, the Seller shall:

1. 1. Log-In in ScansUp using the login area.
   2. Click on “Products”.
   3. Create a new product ad.
   4. It will be necessary for the Seller to enter the data related to the type of content, its name and the price that it wants to put on the content. After that, you must establish the Gumroad product link, an image and different specifications depending on the content to be published.
   5. Whenever the Seller has provided this data, he must, after reviewing his request, confirm his willingness to publish the ad and formalize the publication of the ad.

 

3.2. Rules for the publication of content

3.2.1. Scans Up and Seller Terms is part of the full Terms of Service Agreement. As a general rule, the Seller must:

1. 1. Be the owner of the digital content that you put up for sale on the platform or have authorization to do so.
   2. Likewise, you must provide a series of data about them, such as the description of the digital content, price or if it is adult content, among others. The Seller must disclose any deficiencies, restrictions and requirements that may be relevant, and must provide any other relevant information requested by ScansUp.
   3. The Seller is responsible for keeping the information in its listing up to date at all times.
   4. In any case, a price must be set for the ad, as well as any additional issues included.
   5. What is provided and mentioned during the process of publishing the ad (description, price, etc.), will form part of the Particular Conditions established between the Seller and the Buyer.
   6. It is Seller’s responsibility to be the sole owner of the listing and must have all necessary rights, licenses, consents and disclaimers in order to make such listing available on ScansUp.
   7. ScansUp does not exhaustively review the advertisements published on the platform, although it reserves the right to verify the real ownership of the digital content and withdraw those advertisements that fail to comply or contravene the provisions of these terms or any other applicable terms.
   8. In any case, a price (including Taxes, if applicable) must be set for the ad, as well as any additional issues included.

 

3.2.2. ScansUp may carry out advertising campaigns and other promotional actions on the Internet to offer greater visibility to the activity of the Marketplace, empowering ScansUp to share the publications of digital content on third-party platforms and social networks. Advertising campaigns and promotional actions will be carried out to the best of ScansUp’s knowledge and understanding.

3.2.3. The Seller must make available to ScansUp updated information on the publications made, as well as particular characteristics of the digital content. Both parties will collaborate in carrying out the technical tasks necessary to establish an effective communication of the digital content provided by the Seller.

3.2.4. The Seller must make available to ScansUp the Particular Conditions, where the Conditions applicable to digital content will be detailed, which will be exposed in the Marketplace, in such a way that Users can know them. The lack of this information could lead to ScansUp not allowing sales of the content to be made.

3.2.5. Furthermore, it is the seller’s obligation to provide their Privacy Policy and relevant information about the processing of buyer data in the published ad.

3.3. Withdrawal from the publication of ads

The Sellers Users, taking into account the circumstances of these terms, may withdraw their digital content from ScansUp at any time, but it is not possible to exercise a right of withdrawal as such since they do not have the consideration of consumers and Users in accordance with the regulations. ScansUp is not storing the Seller’s products.

4. Obligations of Sellers

By accepting these Terms, Sellers agree to:

1. 1. Respond to the veracity and authenticity of any data that has been provided to publish ads.
   2. Assume the responsibilities derived from any of the requirements demanded by these Terms to hold the condition of Sellers.
   3. Comply with any other obligations contained in these Conditions and in the Particular Conditions agreed between Sellers and Buyers, as well as in any others that may be applicable, assuming any responsibility derived from their non-compliance, leaving the Holder totally unscathed.

 

5. Economic conditions

In Consideration for the Services, ScansUp will not receive any commission from the sales of Sellers’ content.

6. Exclusion of liability

6.1. The Holder is in no case responsible for damages caused to the Seller or Buyer for reasons attributable to them. Solely and exclusively, ScansUp will be responsible for those damages that are caused as a result of purchases made through the Marketplace, as long as they are derived from a fraudulent or negligent action of the former.

By way of example only, ScansUp is not responsible for:

1. 1. The usefulness that the services provided in the Marketplace has for the seller.
   2. Personal or material damage caused as a result of the use of the services, as long as the recommendations specified therein had not been followed.
   3. Failure to comply with its obligations for reasons of force majeure such as, without the intention of being exhaustive, internal or external strikes, natural disasters, social unrest, etc.
   4. The effective ownership of the digital content by the Seller and the particular conditions provided for it (availability, characteristics of the digital content, etc.).
   5. Failures, commissions or damages that occur on the Gumroad platform.

 

6.2. In any case, the responsibility that ScansUp assumes against the Seller, in no case includes lost profits and will be limited, at most and for any concept, to the total amount received by ScansUp in accordance with these Conditions.

7. Exclusion of liability related to advertisements

7.1. ScansUp is not responsible for any damages that may arise from or in connection with the use of the Marketplace and the digital content advertised on the platform. This includes, but is not limited to: direct loss, loss of business or profit, damage caused to your device and the data contained on it, as well as any other direct or indirect, consequential and incidental damages.

7.2. The activity of the Holder is limited to the intermediation and facilitation of the advertisements for the sale of digital content given by the Vendors of the material tasks necessary to purchase them.

7.3. The intermediation carried out by ScansUp is non-exclusive.

7.4. The Holder is not responsible for the data provided in the creation of the ads, as well as the data provided in the different profiles of the Users.

7.5. The Holder is also not responsible for the Particular Conditions (price, characteristics, etc.) that are agreed between Sellers and Buyers, as well as for their modification.

8. Data protection

8.1. Generalities

8.1.1. The Seller must provide ScansUp with its Privacy Policy to make it available to Buyers. The default one for the seller is the Gumroad Privacy Policy.

8.1.2. In the event that the Seller wishes to use the information collected for other purposes, it must include it in the Privacy Policy, otherwise, it must request the User’s consent in accordance with current applicable legislation.

8.2. ScansUp as data processor

ScansUp acts as a data processor by being an intermediary between Sellers and Buyers. The Marketplace will make available to Users, in such a way that the User will know at all times, the possible identity of the Seller.

1. 1. ScansUp is configured as the person in charge of the treatment with respect to the Seller Users, since it serves as a platform from which they can offer their digital content for sale, the Sellers being responsible for processing the data of the Buyers who buy them. In the execution of the contractual relationship between ScansUp and the Sellers that publish advertisements, ScansUp will process personal data on behalf of those (as responsible), regarding whose treatment ScansUp will be considered as the manager for the purposes of the applicable regulations. 
   2. ScansUp will process the data referred to in this section in accordance with the object and purpose of the relationship and always under the instructions provided by the Responsible Party and in any case will adopt organizational and technical measures that are consistent with the type of data to be processed, to the purposes and risks of the treatment and will carry out specific privacy actions from the design and by default on those treatments that must be carried out.
   3. ScansUp will refrain from applying or using the personal data accessed for purposes other than those of the relationship nor will it communicate them, even for their conservation, to other people, unless said communication has been previously and expressly authorized by the Responsible or mandatory by Law. In the event that ScansUp uses the data for different purposes, it will be considered as the data controller in accordance with the provisions of the applicable regulations.
   4. ScansUp undertakes to keep secrecy regarding the personal data subject to treatment, and to maintain absolute confidentiality and reserve on any data that may be known during the performance of the services provided, guaranteeing that it will extend this obligation to all the personnel of your organization authorized to access the personal data object of the Responsible. This duty of secrecy and confidentiality will continue without any time limit.
   5. Once the existing contractual relationship between the Parties has ended, the personal data must be deleted or returned to the Responsible Party, at its option, deleting as many copies of the data as may exist. The foregoing, unless there is some regulation of the European Union and/or any of the Member States that may be applicable by virtue of which the conservation of personal data is required. In such a case, ScansUp must proceed to return the data, guaranteeing its conservation to the Responsible Party.

 

9. Compensation

9.1. Failure by the Seller to comply with these Conditions or any others that may be applicable may result in damages for the Holder. In this sense, the Seller will be obliged to compensate the Seller for any damage, harm, loss or cost (such as lawyers’ and solicitors’ fees) derived from the Seller actions.

9.2. Likewise, if due to the breaches of the Seller any type of claim or procedure is generated against the Holder, the latter must leave the Holder unscathed from the damages, and the latter may claim any expense, cost, damage or loss derived from them.

10. Modifications

10.1. These Conditions may be modified and/or updated at any time with prior notice to the Seller Users but not to regular Users. The modifications made will enter into force as of their publication in the Marketplace, whatever the means and form used for it.

10.2. ScansUp is not responsible for the modifications made between Sellers and Buyers of the Particular Conditions agreed between the parties.

12. Other matters

11.1. Safeguarding and interpretation of these Conditions

If the competent Authority declares any of these provisions as illegal, invalid or unenforceable, this will mean that it must be interpreted as closely as possible to the original intention of such provision. In any case, such statement regarding one or more clauses will not prejudice the validity of the remaining ones.

The non-demand by ScansUp of strict compliance with any of the terms of these Conditions does not constitute and cannot be interpreted in any case as a waiver on its part to demand it in the future.

11.2. Language

The language applicable to these Terms is Spanish. If versions in other languages ​​are offered, it is only as a courtesy, for the convenience of Sellers. Therefore, it expressly accepts that they are governed by their version in Spanish. In case of contradiction, the Spanish version will prevail.

11.3. Legislation and jurisdiction

The relations between the Holder and with the Sellers will be governed by Spanish legislation and discrepancies or conflicts regarding these Conditions will be submitted to the Courts and Tribunals of the Seller’s domicile, as long as the latter has the status of consumer and User in accordance to the applicable regulations. In the event that the Seller does not consider himself a consumer and User as provided in current regulations, the parties submit to the Courts and Tribunals of Murcia (Spain).

General Conditions of Purchase of ScansUp Content

 

1. Identification of the Parties

These General Conditions for the Purchase of ScansUp Content (under the Seller User name Stonelake3D) regulate the acquisition of digital content owned by ScansUp offered through its platform. The parties involved in said purchase are:

1. 1. David Chumilla Liccioli (hereinafter, the Holder) with NIF ES48653637N, and address at Calle Balsas Nº6 5A 30001 Murcia España (Spain), is the Holder of the Marketplace accessible through the URL: https://scansup.com/ (hereinafter, ScansUp or the Marketplace, indistinctly) and sells in the Marketplace as the Seller User Stonelake3D.
   2. The Buyer User, understood as any natural person of legal age who completes all the steps aimed at purchasing the content, freely and voluntarily, including acceptance of the Terms provided by the Sellers. From now on, whenever they are Users of the website, they will be referred to as “Users” and if they are Buyers they will be referred to as “Buyers”.

 

ScansUp makes available the email address contact@stonelake3d.com for possible claims.

2. Object

The purpose of these Conditions is to regulate the acquisition by Buyers of the content offered on the Website owned by ScansUp, as well as the license granted to Users, in exchange for the indicated economic consideration, prior acceptance of these Conditions.

The Purchase process is carried out through the functionalities offered by Gumroad (https://gumroad.com/).

3. Digital content

The Website offers information about digital content developed by ScansUp for sale, features and prices. However, it reserves the right to withdraw or change the digital content offered to its customers through its website, by changing their content. The content offered at any time by the Web will be governed by the general conditions in force in each case, which is why the company will have the power to stop offering, without prior notice and at any time, access to the aforementioned content.

4. Description of the Purchase process

The purchase process for Buyers can be carried out through the Website, by completing the form established for this purpose, indicating the data required at the time of purchase, selecting the content that you wish to acquire.

Next, the User must:

1. 1. Click on “Add to cart” (or similar identification), although you must previously establish a fair price, although the Marketplace establishes a minimum, indicated by ScansUp.
   2. Once the User has clicked on the previous button, they must access the cart, checking that the contents correspond to the selection made and clicking on “Checkout”.
   3. After that, in case the purchase is not made as a Gumroad registered User, the User must enter all the necessary data to make the purchase.In all those cases in which access has been made in such a way that information about the User’s identification data, address or payment method has not been obtained, it will be necessary for the User to provide such information so that the processing of the purchase can be managed.
   4. It will be necessary for the User to select the chosen payment method and whenever the User has provided this data, they must, after reviewing their request and depending on the payment method selected, proceed to the payment and thereby confirm their willingness to contract and formalize the purchase of content, prior acceptance of these Conditions.
   5. Discount coupons may be applied if the User has a promotional coupon.
   6. Gumroad will confirm having received the will to buy the products and, where appropriate, the payment of the order. In the same way, the corresponding invoice will be sent by email, when the client has requested it.Gumroad handles this entire process independently, without involving ScansUp.

 

5. Price policy and characteristics of digital content

The prices of the products owned by ScansUp that are displayed on the Web are set by the Holder. 

Any additional concept will be indicated on the Gumroad checkout page, in such a way that Users will have access to it before starting the purchase procedure. Prices are shown in euros and dollars. Before buying any of the selected content, Gumroad will show you the prices broken down according to the tax base and the applicable taxes at any given time.

Promotions or discounts may be indicated on the Website, such as applicable discount coupons during the purchase process. Such circumstances will appear reflected on the screen as well as the conditions that may apply to them.

In addition, there is the possibility that the Buyer establishes the price that he believes is fair for the content that he is going to buy. Still, ScansUp will set a minimum price.

The characteristics, content and particularities of the digital content will be those shown at all times on the Website.

6. Discount policy

The Website may include promotions and/or discount codes for the products owned by the Holder. Such circumstances will appear reflected on the screen, as well as any applicable conditions in your case. Any modification of the same is subject to the will of the Holder.

7. Obligations of the parties

7.1. Obligations of the Holder

ScansUp is committed to:

8. 1. Effectively and efficiently carry out all the procedures for the execution and reception by the Buyer of the Content that they have purchased.
   2. Send the Buyer all the information and documentation necessary to receive the content.
   3. Comply with these obligations as well as any others that may be applicable.

 

7.2. Buyer Obligations

By accepting these Conditions, the Buyers who acquire the contents undertake to:

1. 1. Pay in a timely manner the corresponding amounts that had been specified in the purchase process. Failure to pay will exempt ScansUp from fulfilling the obligations set forth herein, and any others that may have been contracted in exchange for receiving the economic consideration for the content.
   2. Respond to the veracity and authenticity of any data that has been provided to make the acquisition of the selected items.
   3. Assume the responsibilities derived from any of the requirements demanded by these Conditions to hold the condition of Buyer, as well as the lack of documentation necessary for the payment of the purchase.
   4. Comply with any other obligations contained in these Conditions or in any others that may be applicable and assume any liability arising from their breach, leaving the Holder totally unscathed.

 

8. Industrial and intellectual property

ScansUp Licenses Policy is part of the full Terms of Service Agreement. All products offered by ScansUp under the Seller User Stonelake3D are licensed under the ScansUp Licenses Policy. By virtue of the acceptance of these Conditions and as long as the User complies with all its obligations in accordance with the provisions of these Conditions, in the General Conditions of Use or other conditions that may be applicable, the Holder grants the User a right to use the digital content, as it is offered at any time, non-exclusive, without the possibility of assignment or sublicense, throughout the world and for as long as the digital content remains available on the User’s device, by virtue of which two license types tied to buyer types are granted:

Buyer types: The buyer of an item must purchase the product and license at the correct pricing according to the size of the studio, organization or individual who is going to directly use the item. Pricing, unless stipulated by the seller, is tied to the following studio sizes and conditions:

• Freelance & Personal Use: Up to 1 User.
• Indie Studio: Up to 20 workers.
• Big Studio: More than 20 workers.

Standard Commercial Licence: If you have purchased a product linked to a standard commercial licence, you can exercise your rights of use of the product in these cases:

• Unlimited use of the product in the licensee’s personal projects, which are not commercially distributed.
• Single use of the product in a work or project of a commercial nature where the licensee participates directly. This work or project can only generate a maximum of 2,000 sales or 20,000 views. Should these figures or projects be exceeded, the extended commercial license of the product used in the work or project must be purchased. There is no obligation to credit the creator of the resources, although it is recommended.

Extended Commercial Licence: If you have purchased a product linked to an extended commercial licence, you can exercise your rights of use of the product in these cases:

• Unlimited use of the product in the licensee’s personal projects, which are not commercially distributed.
• Unlimited use of the product in any number of works or projects of a commercial nature where the licensee participates directly. There are no restrictions on the maximum sales, revenue or the monthly views that these projects can generate. There is no obligation to credit the creator of the resources, although it is recommended.

ScansUp reserves the right to carry out verifications regarding the income obtained by the licensee and the use of the licenses granted in his favor. The foregoing includes the request for documents, supporting documents, invoices, accounts or any other accounting and/or financial documents that may justify obtaining income derived from the use of digital content.

These licenses of use, beyond what is indicated, do not imply the transfer of any intellectual or industrial property rights over the digital content, being the intellectual property rights over the digital content and all the elements that comprise them (including the programming, the design, graphics, codes, text or images present, as well as the technology associated with them) of the exclusive Holdership of the Holder or having the latter with sufficient rights or authorizations for its exploitation. Consequently, the reproduction, distribution, public communication, making available or transformation of the content published on ScansUp is prohibited.

If you detect any infringement of intellectual and/or industrial property rights in ScansUp, we ask you to notify us as soon as possible by writing to the email address indicated above.

9. Right of Withdrawal

In accordance with the provisions of article 103 a) and m) of the consolidated text of the General Law for the Defense of Consumers and Users, the Buyers do not have the right to withdraw from the contract as soon as they execute the subscribed services, understanding as such the access , visualization, use or download of the content and/or execution of the contracted.

10. Exclusion of liability

The Holder is in no case responsible for damages caused to the Buyer for reasons attributable to the same. Solely and exclusively, ScansUp will be responsible for those damages that are caused as a result of purchases made on the Website, as long as they are derived from a fraudulent or negligent action of the former.

By way of example only, ScansUp is not responsible for:

1. 1. The usefulness for the Buyer of the contents that he had acquired, since at no time is the Holder responsible for the selection made.
   2. Personal or material damages caused as a result of the use of the contents, as long as the recommendations specified therein had not been followed.
   3. Failure to comply with its obligations for reasons of force majeure such as, without the intention of being exhaustive, internal or external strikes, natural disasters, social unrest, etc.

 

Thus, the Buyer recognizes that he acquires the digital content at his own risk and venture, limiting the activity of ScansUp to the execution of the material tasks necessary for the processing and management.

In any case, the responsibility that ScansUp assumes against the Buyer, in no case includes lost profits and will be limited, at most and for any concept, to the total amount received by ScansUp from the Buyer in consideration for the acquisition of the content in accordance with these Conditions.

11. Compensation

Any type of damage, harm, loss or cost (including lawyers’ and/or solicitors’ fees) derived from a breach by the Buyer of these Conditions or of any other that may be applicable, incurred by ScansUp, must be compensated by the Buyer who originated it. This includes any third party claims arising from such breaches.

12. Modifications

These Conditions may be modified and/or updated at any time with prior notice to the Seller Users but not to regular Users. The modifications made will come into force as of their publication on the Website, whatever the means and form used for it.

The modification will only affect Buyers who have accepted it after said modification.

13. Other issues

13.1. Safeguard and interpretation

If the competent Authority declares any of these provisions as illegal, invalid or unenforceable, this will mean that it must be interpreted as closely as possible to the original intention of such provision. In any case, such statement regarding one or more clauses will not prejudice the validity of the remaining ones.

The non-demand by ScansUp of strict compliance with any of the terms of these Conditions does not constitute and cannot be interpreted in any case as a waiver on its part to demand it in the future.

13.2. Language

The language applicable to these Conditions is Spanish. If versions in other languages ​​are offered, it is only as a courtesy, for the convenience of the Buyer. Therefore, it expressly accepts that they are governed by their version in Spanish. In case of contradiction, the Spanish version will prevail.

13.3. Legislation and jurisdiction

The relations between the Holder and the Buyer will be governed by Spanish legislation and discrepancies or conflicts regarding these Conditions will be submitted to the Courts and Tribunals of the Buyer’s domicile, as long as he has the status of consumer and User of in accordance with applicable regulations. Otherwise, the parties submit to the Courts and Tribunals of Murcia (Spain).

If the Buyer has any problem arising from the purchase of the content available in the Catalog of the Website, they may resort to the online dispute resolution system of the European Union, accessible from the following link: https://webgate.ec.europa.eu/.