Complimentary Artwork Scanning Service – Terms & Conditions
These Terms & Conditions apply to the complimentary high-resolution artwork scanning service ("Scanning Service") provided by Gioia Wall Art ("Gioia") to approved artist partners ("Artist").
1. Complimentary Scanning Service
As part of its artist partnership program, Gioia may, at its sole discretion, provide the Artist with complimentary high-resolution scanning of the Artist's original artworks.
The Scanning Service is provided free of charge to approved partner artists and is intended to create high-quality digital files for use by Gioia in connection with the reproduction and licensing of the Artist's artwork through Gioia.
Gioia is under no obligation to scan any particular artwork and reserves the right to decline a scanning request where an artwork does not meet the eligibility requirements or is otherwise unsuitable for scanning.
2. Eligibility Requirements
The complimentary Scanning Service is subject to the following requirements:
- The artwork must be an original artwork owned by the Artist.
- The artwork must be provided loose, unframed and unstretched.
- The shorter side of the artwork must not exceed 100 cm.
- For textured artworks, the raised texture must not exceed 1 cm in thickness.
- Gioia must assess the artwork and determine that it is suitable for reproduction and potential listing as a print on the Gioia Wall Art website.
Gioia reserves the right to decline to scan any artwork based on its size, condition, texture, medium, construction, handling requirements, reproduction suitability, or any other operational or technical consideration.
The decision as to whether an artwork is suitable for scanning and potential reproduction remains at Gioia's sole discretion.
3. Digital Files
Following completion of the Scanning Service, Gioia will provide the Artist with a copy of the resulting digital scan.
Gioia will make reasonable efforts to produce a high-quality and accurate digital representation of the original artwork. However, the Artist acknowledges that digital scanning and reproduction may result in differences between the digital file and the original artwork, including differences in colour, texture, tone, detail or overall appearance.
Gioia does not guarantee that the digital scan will be an exact representation of the original artwork.
Gioia reserves the right to determine whether a scan meets its technical and reproduction requirements and is not obliged to rescan, edit, retouch or otherwise modify a digital file once it has been provided to the Artist.
4. Permitted Use by the Artist
The Artist may use the digital files supplied by Gioia for:
- personal archival purposes;
- portfolio purposes;
- marketing and promotional purposes;
- displaying the artwork on the Artist's own website;
- displaying the artwork on the Artist's own social media channels; and
- other uses expressly approved in writing by Gioia.
The Artist may use the digital files to promote the original artwork and the Artist's work generally, provided that such use does not involve the unauthorised manufacture, reproduction, licensing or sale of reproductions of the artwork.
For the avoidance of doubt, these Terms & Conditions do not prevent the Artist from selling or otherwise dealing with the original artwork, subject to any separate agreements between the Artist and Gioia.
5. Restricted Use of Digital Files
In consideration of the complimentary Scanning Service, the Artist agrees that the digital files supplied by Gioia must not, without Gioia's prior written consent, be used to:
- manufacture, produce or authorise the production of prints, canvas prints, posters, wall art, wallpaper, homewares or other reproductions of the artwork for commercial sale;
- list, upload, supply, license or distribute the digital files, or any derivative files created from them, to another artwork reproduction, print-on-demand, wall art, fine art printing or similar business;
- provide the digital files to a third party for the purpose of manufacturing or selling reproductions of the artwork;
- license or otherwise commercially exploit the digital files for reproduction by any other business; or
- manufacture or authorise the manufacture of reproductions for sale through a business that competes with Gioia in the Australian market.
For the purposes of these Terms & Conditions, a competitor means a business operating in Australia that offers artwork reproduction, fine art printing, wall art, print-on-demand or substantially similar reproduction services or products.
The Artist must not provide the high-resolution digital files to any third party where the Artist knows, or reasonably should know, that the files will be used for any of the restricted purposes set out above.
For clarity, the Artist may continue to:
- display the artwork images on the Artist's own website and social media;
- use the images for portfolio and general self-promotion; and
- sell the original artwork, subject to any separate agreement with Gioia.
6. Ownership and Intellectual Property
The Artist retains ownership of all intellectual property rights in the original artwork, including copyright, subject to any separate agreement entered into between the Artist and Gioia.
The Scanning Service does not transfer ownership of the original artwork or its copyright to Gioia.
The digital scan is provided to the Artist for the limited purposes permitted under these Terms & Conditions. The Artist's use of the digital file remains subject to the restrictions set out in these Terms & Conditions.
Any reproduction, licensing or commercial use of the artwork by Gioia will be governed by the applicable Licensing Agreement or other agreement between Gioia and the Artist.
7. Care of Artwork and Liability
Gioia will exercise reasonable care when handling the Artist's artwork for the purpose of providing the Scanning Service.
However, the Artist acknowledges that artwork may be susceptible to damage during handling, transportation, preparation or scanning, particularly where the artwork is fragile, delicate, heavily textured or otherwise difficult to handle.
To the maximum extent permitted by law, Gioia will not be liable for any indirect, incidental or consequential loss arising from or in connection with the Scanning Service.
Nothing in these Terms & Conditions excludes, restricts or modifies any liability that cannot lawfully be excluded, restricted or modified under applicable law.
8. Amendment, Suspension or Withdrawal of Service
Gioia may amend, suspend or withdraw the complimentary Scanning Service at any time.
Any artwork already scanned, and any digital files already provided to the Artist, will remain subject to these Terms & Conditions and any applicable Licensing Agreement.
Withdrawal of the complimentary Scanning Service will not affect any rights or obligations that have already arisen under these Terms & Conditions or any applicable agreement between Gioia and the Artist.
9. Breach
If the Artist uses, provides, distributes or commercially exploits a digital file in breach of these Terms & Conditions, Gioia may:
- require the Artist to immediately cease the unauthorised use;
- require the Artist to remove or destroy any unauthorised copies or derivative files, to the extent permitted by law;
- suspend or withdraw access to any further complimentary scanning services;
- terminate any applicable Licensing Agreement or other agreement with the Artist in accordance with its terms; and
- pursue any other remedies available to Gioia under the applicable agreement or at law.
The Artist acknowledges that unauthorised use of the high-resolution digital files may cause commercial harm to Gioia and agrees to cooperate with any reasonable request from Gioia to cease or remedy a breach of these Terms & Conditions.