Terms and Conditions

For the purpose of this agreement, and other agreements, Scarborough Arts Foudation and its subsidiaries (Happenstance Art Gallery, Happenstance Publications) is also known as Scarco.  Scarco is the owner and copyright holder of Scarco.org and its contents. These terms and conditions govern use of SCARCO.ORG.

By using the SCARCO website, you are deemed to agree to the terms and conditions set out below.

These terms and conditions apply whenever you access this website, on any device.  In these terms and conditions, when we say ‘SCARCO’, we mean the whole programme, including this website, regardless of how you access it.

Some areas of SCARCO require registration as a member of "YOUR". YOUR is Scarco's network of individual professional visual artists from around the world seeking opportunities or contact details for collaboration and networking. By registering, providing your email address and creating a password, you will be deemed to have accepted the terms and conditions pertaining to Exchange. If you register with YOUR, you should also read the Privacy Policy below.

We reserve the right to modify or terminate this service for any reason, without notice at any time, and we reserve the right to refuse service to anyone for any reason, at any time.

You can use the basic features of the website free of charge. However, you accept you will have to pay for any and all network data charges (including, but not limited to, your Internet access charges and mobile-based SMS message charges) that may be incurred when you use the network.

Any changes we make to the terms and conditions will be reflected on this page.

General terms of use
Cookies
Cookies are small text files that are placed on your computer by websites that you visit. They are widely used to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

When you visit scarco.org, we collect standard internet log information and details of visitor behaviour patterns through use of cookies. We do this to find out factors, such as numbers of visitors to the various parts of the site, to help monitor user figures and to make improvements to the function and layout of the website.

We collect this information in a way which does not identify anyone. We do not make any attempt to find out the identities of those visiting Scarco. We will not associate any data gathered from this site with any personally identifying information from any source.

If you do not want cookies to be installed on your computer, you can set your browsers to accept or reject all, or certain, cookies. You can also set their browser to prompt them each time a cookie is offered. To find out how to disable cookies for your browser, please visit the About Cookies website. External websites advertised through Scarco may also collect browsing information from you using cookies. Please read the website’s cookies policy for information about how they will use your data.

Data protection
The contact information provided by other organisations and companies is provided in good faith and should be used for the sole purpose of responding to opportunities or procuring goods and services. It should not be used to create a mailing list or used to send unsolicited emails, for example, offering services or spam.

Copyright
The content on Scaro pages is commissioned to independent authors who retain copyright in their works. Content on most of the Scarco website is distributed under a Creative Commons, attribution, non-commercial, share-alike licence.

Accuracy of information
Scarco, across all our websites, information, projects and other services, makes every effort to provide information which is relevant and as complete, up-to-date and accurate as possible.

Any information and material provided, including legal information, is for informative purposes only and should not diminish the individual’s obligation to seek appropriate professional advice where such is required or necessary. Neither Scarco nor any of its employees, agents or subcontractors can be held responsible or liable to users of the information or any other person for any errors or omissions, or for any losses, costs or claims which arise due to relying on such information or advice. Please contact us if you find any material on the site which is inaccurate or misleading.

Links to other websites
Scarco may contain links to other websites. Artquest is not responsible for the content of external internet sites.

YOUR network
When you register, you are registering as a personal, individual user or on behalf of a third party organisation seeking to join.
Access to registration areas is via your username and password.
You must be 18 years or older to use YOUR.
We allow you to access to the registration areas of the site on the basis that:
Your email address and password are personal to you and may not be used by anyone else to access YOUR / Scarco
You will not do anything which would assist anyone who is not a registered user to gain access to any registration area of YOUR / Scarco
You do not maliciously create additional registration accounts for the purpose of abusing the functionality of the site, or other users; nor do you seek to pass yourself off as another user.
you comply with these terms and conditions.
If, for any reason, we believe that you have not complied with these requirements, we may, at our discretion, cancel your access to Exchange immediately and without notice.
When you join YOUR / Scarco, you need to complete the membership form, including setting your own unique password, entering your name and a valid email address. You must also include your postal address and phone number, but none of your contact information, including your email address, will be visible to members using the site. No personal information will be visible to non-members at any time.
1. Termination of Exchange Membership
If we wish to bring the agreement to an end, we will do so by emailing you at the address you have registered, stating that the agreement has terminated. The agreement will terminate, and your email address and password will become invalid on Exchange immediately.
2. Your obligations as a member of Exchange
It is vital that you keep your password safe. You may change it on your profile at any time.
Do not allow non-members to use your private login details to access our private members only site, nor share any members’ private information with non-members.
Please do encourage your friends and colleagues to join Exchange, as the greater the choice of studios and accommodation, the better experience for all members.
If you have registered with us and subsequently change your details, you should immediately update your details on this website by entering your username and password on the login screen and accessing the relevant part of your profile.
If you should change your email address, change it in your profile, otherwise members will not be able to contact you.
3. Your responsibilities to other YOUR / Scarcomembers
It is your responsibility to respond promptly to all YOUR / Scarco offers you receive, and to let any other members you are in correspondence with know as soon as you have agreed to offer.
You must not abuse, harass, threaten, impersonate or intimidate other users. You must not create or submit unwanted email to any members (“spam”), or transmit any worms, viruses, or any code of a destructive nature.
4. Third party material on YOUR / Scarco
You may notice advertising material submitted by third parties on YOUR / Scarco. Individual advertisers are solely responsible for the content of advertising material which they submit to us, including ensuring it complies with relevant legislation. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
Submitting text for publication on YOUR / Scarco
Users of our site may in future submit material for publication in various areas of the site, including news, opportunities and jobs. We accept no liability in respect of any material submitted by users and published by us, and we are not responsible for its content and accuracy. Users may also immediately submit material for use on their profile.
If you want to submit material to us for publication on YOUR / Scarco or for print via happenstance publications, you may do so on the following terms and conditions:
Publication of any material you submit to us will be at our sole discretion. We reserve the right to make additions or deletions to the text or graphics prior to publication, or to refuse publication.
You grant us a non-exclusive, perpetual, royalty-free, worldwide licence to republish any material you submit to YOUR / Scarco in any format, including without limitation print and electronic format. Any royalties from published works will be in agreement signed by both parties.
You warrant to us that any material you submit to us is your own original work, and that you own the copyright and any other relevant rights.
You warrant that the material you submit is not obscene, offensive, defamatory of any person or otherwise illegal.
You agree not to post material deliberately intended to upset other users.
You acknowledge that any breach of these warranties may cause us damage or loss, and you agree to indemnify us in full and permanently against any third party liabilities, claims, costs, loss or damage we incur because of publishing material you submit to us, including consequential losses.
We reserve the right to remove your access to individual services completely if we believe you are abusing the services in any way.
Submitting graphical material and photography for publication on YOUR / Scarco
When you send a photograph or other graphical material to us, you do so in accordance with these terms and conditions.
This means you hereby agree you have taken the photograph(s) you have sent to us, or you have permission from or are authorised by the owner of the photograph(s) to send it (them) to us, and you are granting us a non-exclusive, royalty-free licence to publish or otherwise use the photograph(s) in any way and at any time we want on this website.
Selected photographs and graphical material will be published at the discretion of YOUR / Scarco, and you will not be paid, even if your photograph(s) is (are) published.
We may cut, edit, crop or arrange your photograph(s) or graphic as we deem fit to appear on this website, and we may remove your photograph(s) or graphics at any time.
Your name will be published alongside your photograph(s) or graphic, but we may edit or delete any comments which you submit along with your photograph(s) or graphic.
You, or the owner of the photograph(s), still own the copyright in the photograph(s) sent to us, and are free to republish the photograph(s) wherever you or the owner wish, and in whatever medium you or the owner want.
Disclaimer of liability
Neither Scarco nor its subsidiaries, any of its employees, agents or subcontractors, can be held responsible or liable to users of the information or any other person for any errors or omissions, or for any losses, costs or claims which arise due to relying on such information or advice.
Any information and material provided is for informative purposes only, and should not diminish the individual’s obligation to seek appropriate professional advice where such is required or necessary.
All information included in listings published on this website is provided by our members. YOUR / Scarco publishes guidelines to aid members in arranging exchanges, but we make no warranty, either expressed or implied, about the information provided. Scarco and its subsidiaries is not a party to, and bears no responsibility for any agreement or contract entered into by members, subscribers or other users of information provided on this website.
We give no warranties of any kind concerning this website or the material. In particular, we do not warrant that Exchange or any of its contents is virus free. You must take your own precautions in this respect, as we accept no responsibility for any infection by virus or other contamination, or by anything which has destructive properties.
Scarco has no control over third party information made available on its website. Similarly, it has little or no control over how third parties may use information and materials which you make available to them through applications or enquiries. Scarco does not accept liability for any loss, damage, costs or expenses which may result from or arise out of your use of third party information, or any use by third parties of information you provide them with.
For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything following viewing, reading or listening to the material or any part of it (except for death or personal injury attributable to our negligence and to the extent permitted at law).
To the extent permitted by law, we do not accept any responsibility for any statement in the material on this site. For the purposes of this agreement, “material” means material including, without limitation, text, video, graphics and sound material, published on this site, or its subsidiaries, whether copyright of Scarco or a third party. You must not rely on any statement we have published on this site without first taking specialist professional advice. Nothing in the material is provided for any specific purpose or at the request of any particular person.
Scarco shall not be liable for any delay or failures in performance on its part, in whole or in part, if such delay or non-performance is due to any cause beyond its reasonable control.
Scarco cannot guarantee that its website will always be available, and it shall not be liable if, for any reason, the website is unavailable at any time or for any period.
Please contact us if you find any material on the site which is inaccurate or misleading.
YOUR / Scarco relies entirely upon the integrity of members and does not guarantee the accuracy of the information provided herein, nor conduct of the members or users of the information in this website at any time, nor that an exchange will be available. The only responsibility of Exchange is to make available listings to its members.
Should any information provided by members be found to be grossly misrepresented, Scarco reserves the right to remove, at our discretion, any listing at any time.
Members agree Scarco or its subsidiaries shall not be liable for any direct, indirect, consequential or other damages whatsoever, regardless of the claim.
Variations
These terms may be varied from time to time. Please ensure you review these terms and conditions regularly, as you will be deemed to have accepted a variation if you continue to use the site after it has been posted. Details of variations will be posted here.
No variations have been made to this document since 15/05/2021.
Force majeure
Although we will do our best to provide constant, uninterrupted access to Scarco, we do not guarantee this. You understand the Service may have software “bugs” and may have other issues affecting availability and functionality. We accept no responsibility or liability for any interruption or delay.
Governing law & jurisdiction
English law governs this agreement, and the parties agree to submit to the exclusive jurisdiction of the English courts. You may not use this website and this service for any illegal or unauthorised purpose. You must not modify, adapt or hack this website, or modify another website, to falsely imply it is associated with Scaarco or subsidiaries.
If any of the provisions of these Terms and Conditions of Use are declared void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary, and replaced with a valid provision that best embodies the initial intent of these Terms and Conditions of Use, so that these Terms and Conditions of Use shall remain in full force and effect.
Privacy Policy
All content within the network, including studio exchange listing, is copyright and exclusively available to members for the express purpose of arranging studio and / or accommodation exchanges. No part of its contents may be used for commercial solicitations by any other company, organisation or individual.
Scarco / YOUR is currently a free service, but holds the option to offer paid membership. 
Scarco, operating this site, is based in England and is registered with companies house as an non-profit. Company House currently holds the registration for SCARCO (formally LMGroup Ltd registration no: 12859214). Scarco fulfils all obligations as a registered data user under the Data Protection Act 2018.
Scarco general disclosure policy is as follows:
Not to disclose any of your information without your permission.
Not to supply any member’s private contact information to non-members.
Not to sell, rent or give away your information to any third party.
Only to disclose your information if legally obligated to do so by a statutory authority with the appropriate jurisdiction.
Recent members profiles may be highlighted on the Artquest home page, with only headline information and registration date available. Only members of Exchange have access to profile details.