Last updated Dec 23, 2024
If you do not agree with these Terms, you should not access or use the Site.
These Terms and Conditions (“Terms”) govern your use of the website (“Site”) and any services or offerings provided by Graphicfy (“Company”, “we”, “us”, or “our”). By accessing or using the Site, you agree to comply with these Terms.
1. Acceptance of Terms
By using the Site, including accessing or using the Marketplace Offerings (as defined below), you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must immediately stop using the Site and the Marketplace Offerings.
2. Intellectual Property Rights
All content on the Site, including text, graphics, images, logos, audio clips, and software, is the property of the Company or its licensors and is protected by intellectual property laws, including copyright, trademark, and patent laws. You acknowledge that the Site and its content are protected by intellectual property laws, and that you have no rights to use, copy, modify, or distribute any of the content except as expressly provided in these Terms.
If you submit content to the Site (including designs, comments, or other materials), you retain ownership of your content but grant us a worldwide, royalty-free, non-exclusive license to use, display, reproduce, modify, and distribute that content in connection with the operation of the Site and Marketplace Offerings.
3. Licensing Terms
We grant you a non-exclusive, non-transferable, limited license to access and use the Site for personal or commercial purposes, subject to these Terms. This license is provided on the condition that you do not:
- Copy, reproduce, or exploit any content from the Site without proper authorization.
- Use the Site in any manner that infringes upon the intellectual property rights of others.
Any rights not expressly granted herein are reserved by the Company.
4. Designer Responsibilities and Liabilities
If you are a designer or content creator (“Designer”), you are responsible for the originality and legality of the content you submit to the Site. By submitting content, you confirm that:
- You hold all necessary rights, including intellectual property rights, to the content.
- Your content does not violate any laws or infringe upon the rights of third parties.
- You agree to indemnify the Company from any legal claims or damages arising out of the use of your content.
You also acknowledge that the Company may remove or modify content that violates these Terms or is deemed inappropriate.
5. Subscription Service Terms
If you subscribe to any of our paid services or products (“Subscription Service”), the following terms apply:
- Subscription Fees: By subscribing, you agree to pay the subscription fee associated with the service. We may update the pricing from time to time and will provide notice prior to any price increase.
- Automatic Renewals: Your Subscription Service will automatically renew at the end of each subscription period unless you cancel before the renewal date.
- Cancellation: You may cancel your subscription at any time through your account settings or by contacting customer support. Cancellations will take effect at the end of the current billing period.
- Refunds: Refunds will not be issued for any paid services already rendered, except as required by law.
6. User Conduct and Content Usage
By using the Site, you agree to comply with the following:
- Prohibited Conduct: You may not engage in any activity that is unlawful, harmful, or violates the rights of others. This includes, but is not limited to, the distribution of malware, spamming, or unauthorized access to systems.
- Content Usage: You may only use the content on the Site for lawful purposes and in accordance with the licensing terms provided. You must not reproduce, distribute, or modify any content without authorization.
- Reporting Violations: If you encounter content that violates these Terms, you should report it to us immediately using the contact details provided below.
7. Third-Party Websites and Content
The Site may contain links to third-party websites or services (“Third-Party Websites”). These links are provided for convenience and do not imply endorsement by the Company. You acknowledge that:
- The Company is not responsible for the content, accuracy, or practices of any Third-Party Websites.
- You access Third-Party Websites at your own risk, and you should review their terms and policies, including privacy policies, before interacting with them.
Any transactions or interactions with Third-Party Websites are between you and the third party. The Company is not liable for any purchases or interactions made through Third-Party Websites.
8. Privacy Policy
Your use of the Site is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the Site, you consent to our data practices as described in the Privacy Policy.
9. Dispute Resolution
Informal Negotiations
Before initiating any formal legal action, you agree to engage in informal negotiations with the Company to resolve any dispute or claim arising from these Terms. These negotiations should take place within 30 days from the time the dispute is raised.
Binding Arbitration
If informal negotiations fail, any dispute will be resolved by binding arbitration under the rules of the International Commercial Arbitration Court, in accordance with applicable European Union laws. The arbitration shall take place in [Location], and the proceedings will be conducted in [Language].
Exceptions
The following disputes are excluded from the arbitration process:
- Disputes concerning intellectual property rights.
- Claims for injunctive relief.
10. Limitation of Liability and Disclaimers
The Site and the Marketplace Offerings are provided “as-is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Limitation of Liability: We are not liable for any indirect, incidental, or consequential damages arising from your use of the Site, including any loss of data or profit. Our liability is limited to the amount paid by you for the services or products within the six months prior to the incident causing the claim.
11. Indemnification
You agree to indemnify and hold harmless the Company, its affiliates, and employees from any claims, damages, or legal fees arising out of your use of the Site, including but not limited to:
- Your breach of these Terms.
- Any content you submit that infringes upon the rights of others.
We reserve the right to assume exclusive defense and control over any matter for which you are required to indemnify us, and you agree to cooperate with our defense.
12. Modifications and Interruptions
We reserve the right to modify, update, or discontinue the Site or any services provided without notice. We cannot guarantee continuous, uninterrupted access to the Site, and will not be liable for any downtime, delays, or errors.
13. Governing Law
These Terms are governed by and construed in accordance with the laws of the European Union, where applicable. If you are a consumer in the European Union, you have the additional protections provided by the laws of your country of residence.
14. Contact Us
For any questions regarding these Terms or to resolve complaints, please contact us at:
Graphicfy
Email: contact@graphicfy.com
By agreeing to these Terms, you confirm that you understand and accept them in full. Please review them regularly for any updates or changes.