Description of the Hoovus Service
"Seller" means the seller of record for any Artworks
"Buyer" means the person whose name is printed on the Order
Hoovus provides a platform on which the Buyer can purchase art directly from the Seller (Artist) of his/her choice. By agreeing the terms and conditions the Artist agrees to be a Seller and authorizes Hoovus to send out the invoice to the Buyer under their name by acting as a mediator during the transaction process. It is recalled that Hoovus Art in its capacity as host acts as a simple intermediary and is in no case a reseller of the Products offered by the Sellers within the platform. The Sellers provide the information about their products on the Hoovus marketplace. Furthermore, the Sellers are obligated to create a biography on the website that is visual for the customers of the website. When selecting the Sellers products that the Buyer wishes to purchase from the Seller, the Buyer makes a binding order to purchase the products from the Seller on the terms and conditions presented to the Buyer. After having received the Order confirmation, Hoovus will transmit the details of the Order to the Seller. When the Order is accepted by the Seller and Hoovus has provided the Buyer with an order confirmation on behalf of the Seller, the Buyer and the Seller enters into the Purchase Agreement. Hoovus will provide the Buyer with a receipt on behalf of the Seller. The Buyer and Hoovus enter into a legally binding agreement for the purchase of any delivery services ordered by Buyer through Hoovus.
Hoovus Art grants you permission to use our Website as set forth in these Terms and Conditions, so long as: (i) you will not copy or distribute any part of the Website in any medium without Hoovus’ prior written approval; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose (iii) you agree to the Terms and Conditions as set forth in this document, and (iv) your use of the Website as permitted is solely for your own personal use.
In order to access some features of the Website, you will have to create an account. You are not allowed to use another user's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your account profile page. In addition, you agree to immediately notify Hoovus Art of any unauthorised use of your password or account or any other breach of security.
Hoovus Art cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
By registering with the Website, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If Hoovus Art suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms and Conditions, your account may be subject to suspension or termination, and you may be barred from using the Website.
You agree not to use or launch any automated system, including without limitation, robots, spiders, scrapers or similar technological devices or programs, that access the Website in a manner that sends more request messages to the Hoovus Art servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Hoovus Art grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Hoovus Art reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
These Terms and Conditions apply to all users of the Website, including users who contribute information, data, software, audio, music, sound, photographs, graphics, video, chat, messages, files, ideas, text, Submitted Art by artists and any other materials (collectively the "Content") or services to the Website. The Website may contain links to third party websites that are not owned or controlled by Hoovus Art. Hoovus Art has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release Hoovus Art from any and all liability arising from your use of any third-party website.
The following rules of conduct apply to your use of the Website and to any and all Content you post on the Website whether such Content is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of the Website.
You may not, in connection with the Website, upload, post, email, transmit or otherwise make available any Content that:
In addition, you may not use the Website to:
Sellers offer Artworks for sale and rental via the Hoovus Website. Hoovus is an agent for the Seller in the sale or rent of any Artworks except where otherwise stated. These Terms and Conditions and any Special Conditions will govern the Contract between the Buyer and Seller, alongside any terms and conditions applicable under any purchase order, Rental Agreement, confirmation of order or any other applicable documents.
Hoovus Art's or the Seller's employees are not authorised to make any representations concerning the Artworks unless confirmed by the Seller in Writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Artwork which are not confirmed in this way.
For purchasing Artworks, select wished products from our Website and add them to your shopping cart.
Your cart will be created as soon as you click on the "Add to Cart" link. You can change the number of products in the shopping cart in the "quantity" box.
On the ordering page, enter the required information and click the "Checkout" button. After that, your invoice will be displayed on the screen. Be careful when filling in the fields on the ordering page, as the accuracy and correctness of this information depends on the fast and trouble-free delivery of the products you have purchased.
The contract for the sale of products is considered concluded when the amount of money stated on the receipt of the invoice has reached on the Hoovus Art OÜ current account.
When the Buyer has not confirmed receipt of the Product and if the Seller has not received a dispute within the time limit set for the Buyer to make the complaint, and no other information is available from the delivery person or customs services, then the product will be considered received 45 days after the actual shipment date.
The commission remains with Hoovus in the event of cancellation of an order on the initiative of the Seller when it is excessive or repeated. Hoovus reserves the right to suspend payment of sales to the Buyer in the event that the Seller fails to fulfill its obligations.
Payment to the Seller may be requested at any time after the 14 day withdrawal period has passed. Payment is made by transfer to the Seller's bank account mentioned in his Hoovus account 48 working hours after the request. The request is made from the Seller's sales account. Other payment methods may also be used in certain countries, in agreement with the seller.
The interactive nature of postings on the Website makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by Website users ("Opinions") and any Content provided to us by Website users are not endorsed by Hoovus Art, and we make no guarantee regarding the reliability, accuracy, or quality of any Content that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. All user Content posted to the Website is the sole responsibility of the person who originally posted the Content.
Hoovus Art requires all artists to agree to the art submission terms and conditions set forth in the submission process and these Terms and Conditions when submitting their art works for consideration ("Art Submissions"). While Hoovus Art makes every attempt to validate the legitimacy of all Art Submissions before showcasing and selling work on the site, the person uploading any such Art Submissions, is solely responsible for it, and your sole recourse for any damage you may suffer as a result of such Art Submissions being sold via the Website or otherwise made available on the Website.
The Content on the Website, excluding any Art Submissions, created by Hoovus Art and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Hoovus Art, subject to copyright and other intellectual property rights under Estonia and foreign laws and international conventions. Content on the Website is provided to for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Hoovus Art or as expressly provided herein. Hoovus Art reserves all rights not expressly granted in and to the Website and the Content contained therein.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Art Submissions of third parties obtained through the Website for any commercial purposes. You agree not to download or print a copy of any Art Submissions for personal or commercial use. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
Please report any violations of the Terms and Conditions, Hoovus Art requires our users who post Content and artists who submit Art Submissions to respect and honour all copyright laws. In your use of and interactions with the Website, you may not post, modify, distribute, or reproduce in any way any Content, including any Art Submissions, that is copyrighted material belonging to others, without obtaining their prior written consent. Hoovus Art reserves the right to remove any Content and/or Art Submissions if we believe it may infringe the copyright rights of others. Hoovus Art also holds the right to terminate the accounts of users who we believe to be infringing any copyright laws or these Terms of Service.
If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following:
Such written notice should be sent to Hoovus Art via Email to: firstname.lastname@example.org
Hoovus Art will then do an initial investigation into the claim, and contact you as soon as possible to request additional information and inform you of action to be taken.
Hoovus Art may, under certain circumstances and without prior notice, immediately terminate your account and access to the Website and any other Hoovus Art services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of these Terms and Conditions or any other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Website or any other Hoovus Art product or service. Termination of your account and access to the Website includes: (a) removal of access to some or all pages within the Website; (b) deletion of your password and all related information, files and materials, including Content associated with or inside your account (or any part thereof); and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in Hoovus Art's sole discretion and that Hoovus Art shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.
Hoovus Art reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Hoovus Art shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, Hoovus Art, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Hoovus Art, disclaim all warranties, express or implied, in connection with the Website and your use thereof. Hoovus Art makes no warranties or representations about the accuracy or completeness of the websites content or the content of any sites linked to this site and assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content, (II) Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the website, (III) Any unauthorised access to or use of our secure servers and/or any and all personal information stored therein, (IV) Any interruption or cessation of transmission to or from the website, (V) Any bugs, viruses, trojan horses, or the like which may be transmitted to our through our website by any third party, and /or (VI) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website. Hoovus Art does not warrant, endorse, guarantee or assume responsibility for any hyperlinked website or other promotion, and Hoovus Art will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. No advice or information, whether oral or written, obtained by you from Hoovus Art or through or from the service or the website shall create any warranty not expressly stated in the terms and conditions. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
You agree to defend, indemnify and hold harmless Hoovus Art, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Hoovus Art, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your Content or Art caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Website.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. The Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.
The Website is All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Hoovus Art.
All of the Hoovus Art and Website trademarks are owned by Hoovus Art and may not be used for any purpose without the prior written permission of Hoovus Art.
If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Hoovus Art's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Hoovus Art reserves the right to amend these Terms and Conditions at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Please report any violations of the Terms and Conditions, including objectionable User Submissions, Content, or behaviour, to email@example.com. Please state the reasons for your concern and provide a link to the Content or, if appropriate, the behaviour in question. Hoovus Art will investigate the matter, and will determine at its sole directive whether or not to remove the material or take actions against the user reported.