The website available at https://www.grapixy.com, including all sub domains, or sections (“Website”) is operated by Grapix.Studio, registered in the Division of corporation and the address of the registered office of the Company in Dusun Garuda, Bantayan Bar., Idi Tunong, Kabupaten Aceh Timur, Aceh 24454.
Accessing and using the Website implies that the User has read and accepts to be bound by these Terms without exception. In case the User does not accept the Terms or have any objection to any part of the present Terms the User must not use the Website.
Grapixy may and have the rights to modify the Terms at any time and thus we recommended that the Terms are reviewed on a regular basis by the User. The date at the beginning of these Terms refers to the latest update of these Terms, which will be applicable from the date of publication. The User agrees to be bound by any modified or updated Terms by continuous access and use of the Website.
- Purpose of Website
The User can search visual content, like PowerPoints, Keynotes and Google slides, photos and images, psds and Photoshop files, icons, vector and PSD graphics etc. through the Website in any format (“Content”), as well as specific information related to such content.
The Services may search and locate, as a result of the search performed by the User, Grapixy’s own & third party Content offered for free over the Internet. However, the Service may also provide, in the result of that search, Contents owned by Grapixy. Grapixy Content and Collaborators Content shall be hereinafter referred to collectively as the “Free files” and can be downloaded through the Website. Also can browse exclusive premium files those are hand-picked by Grapixy Team.
- Website Authorized Use
The User is only authorized to use the Website and the Services in accordance with the Terms and in good faith.
The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of Grapixy or third parties, particularly, the owners of the Collaborators Content, the Third Party Content.
The User will not interfere with the functioning of the Website or in the Services, in particular will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website or the Services, which may impact the security of the Website or the Services, or which may in any way interfere with the Services offered by Grapixy. It is prohibited to use robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Website or the Services in anyway which is contrary to the ordinary use of the Website or which infringes Grapixy’s interests, without the express prior authorization from Grapixy. Likewise, it is prohibited to obtain or attempt to obtain the contents of the Website using any method or system not expressly authorized by Grapixy or which is not the ordinary method of accessing the Website.
The User shall be responsible of ensuring prior to using the Services that the features of the Services meet the User’s needs and that has all requirements, equipment and software necessary for this purpose and of any costs required for the use of the Services.
The rights granted to the User under these Terms are personal and shall not be assigned to any third party (including affiliates or entities part of the same group of companies) totally or partially, by any mean, without the prior, express and written consent from Grapixy. When providing the Services, Grapixy can publish advertising either related or not to the searched Contents, which is expressly accepted by the User.
- Registration / Sign Up
In order to use certain Services, the User must register, creating a username and password and activating an account. To this end, the User must provide a valid email address where the User will receive notifications related to the Email Confirmation and Services. It is prohibited to use temporary email address like 10 minute mail etc. If the User is a legal entity or business, its username must be its full name or corporate name and the person registering on behalf of the legal entity or business declares that he/she is duly authorized to bind such legal entity or business and that such legal entity or business shall be bound to these Terms.
The User agrees to provide the mandatory information required for registration and also acknowledges that such information is true, complete and up to date. The User is solely responsible of keeping such information updated. Should the User provide false, outdated or incomplete information, or should Grapixy have reasons to suspect it, Grapixy reserves the right to suspend or cancel the User’s account.
The User must protect and keep confidential the account password and must not disclose it to third parties. The User must neither allow other Users to access the Services through the User’s account nor use the account of another User to access the Services. The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another user is using his/her account he/she should immediately inform Grapixy.
Grapixy may suspend or cancel the account of the User if it considers that the User has breached any Terms.
The Services allow Users to:
(a) Search for content that may result in Third Party Content, both the Free and Premium Files.
(b) Download Contents of the Grapixy Free and Premium Files.
(c) Upload Collaborators Content for its offer in the Website or the Service.
If you have any question regarding any Content or believe that it infringes any right, that it does not comply with these Terms, or that is inappropriate, you can do so by contacting Grapixy as indicated in Section 9 or following the instructions provided on the Website for a copyright complaint.
4.1. Grapixy Content
The Grapixy Contents are offered under the conditions stated from time to time in the Website (including, without or/and with limitation, restrictions to the downloads of Grapixy Content each day) and are licensed in the terms set out in Section 7 and/or in Section 8, as applicable.
4.2. Third Party Content
Grapixy is not the provider of the Third-Party Content and does not present itself as owner of such Content. Furthermore, displaying the search result and the link do not imply any relationship between Grapixy and the third party responsible for their own Content.
Grapixy does not select, examine, control, guarantee, approve, sponsor or identify itself in any form with the Third-Party Content resulting of the searches made by the Users. The Third-Party Content are the sole responsibility of the third parties that make them available to the public over the Internet.
The User will be able to access the corresponding Third-Party websites and download the Third Party Content under the terms and conditions established by such third parties. Grapixy shall not be a party or be involved in any way in the relationship between the User and the corresponding third party. The User undertakes to read and comply with the terms and conditions established by such third parties for the download and use of the Third-Party Content.
Grapixy is not directly or indirectly responsible for the performance, omissions, errors, negligence or breaches of the Users or such third parties. Any claim from the Users regarding the Third-Party Content must be addressed to the third parties, which offer them in the linked website. Visitors who are signed up he/she can contact to the Contributors via of their profile to get support or answered of the any question, however it’s appreciated and encouraged to answer but not required to answer by the Contributors.
The User acknowledges and agrees that uses the Website and its Services at the User’s own risk and under the User’s responsibility and therefore Grapixy does not accept any responsibility for misuse or use in breach of these Terms.
The User will be responsible for any damages to Grapixy resulting from the User’s use of the Website and the Services in breach of the Terms and accepts to indemnify Grapixy and its directors, staffs, employees, agents and representatives from any liability in which they may incur resulting from the User’s breach of these Terms.
Grapixy does not warrant the availability or continuity of the Website and the Services, neither its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity. But trying to have high standard/quality content.
As way of example and without limitation, Grapixy shall not be liable for any damages that may result from:
(a) Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not Grapixy’s responsibility.
(b) Delays or unavailability of the Website and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
(c) Third party actions.
(d) Unavailability of the Website and the Services due to maintenance or software updates.
(e) Any other event beyond Grapixy’s direct control.
Save for Grapixy’s willful misconduct, and those cases in which due to the specific circumstances of the user involved or the nature of the matter, applicable law provides that liability cannot be limited by agreement, use of the website and the services is at sole risk of the user and Grapixy shall not be liable for any damage of any kind caused to the user as a result of using the website and the services.
- Intellectual Property
All intellectual property rights over the Website, the Services, and/or the Grapixy Free files, its design, and source code, and all content included in any of them (including without limitation text, images, animations, data bases, graphics, logos, trademarks, icons, buttons, pictures, presentation, add-ons, etc.) belong or are licensed to Grapixy. Except as expressly authorized under Section 7, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or any other use of the Website, the Services is strictly forbidden.
The Third-Party Content are protected by intellectual property rights, as appropriate, and belong to their owners. Although the Services can locate and provide access to these Contents, its download and use is subject to the conditions set by the relevant third party. Grapixy is not the owner and cannot grant any license or authorization in relation to the Third Party Content. The User must obtain authorizations that are, in each case, required to use any Third-Party Content.
The Third Party Content are protected by intellectual property rights, as appropriate, and belong to their owners. Although the Services can locate and provide access to these Contents, its download and use is subject to the conditions set by the relevant third party. Grapixy is not the owner and cannot grant any license or authorization in relation to the Third Party Content. The User must obtain authorizations that are, in each case, required to use any Third Party Content.
- End User License Agreement
Grapixy authorizes the User to download and use the Grapixy Free Files under the terms of this license. Grapixy grants the User a non-transferable, limited, non-exclusive, worldwide license for the duration of the relevant rights; to download, use and modify Content in the Grapixy Free Files, in a device the User owns or controls and only for the purposes and uses allowed in these Terms.
The license of the Content shall be free provided that any use of the Content by the User is credited to Grapixy as stated by Grapixy from time to time. For any use of the Content without the credit to Grapixy it’s under violated the terms. The User does not acquire any right as a result of the use of the Content. In particular for both free and premim files, the User is not authorized to distribute, resell or rent any Content in the Grapixy and can’t upload any online archive.
The User rights under this license will end automatically without any notice if the User breaches any of the Terms. In case of termination of the license, the User shall cease using Content in the Grapixy and will destroy every copy, whether total or partial, thereof.
As an exception to the prohibition to sublicense the Content, the User will be permitted to sublicense the Content when each and every of the following conditions are met:
(a) The sublicensee has professionally instructed the User to produce goods or provide services to sublicensee and the User uses a limited number of items within the Content to produce such goods or provide such services to sublicense;
(b) The sublicense granted by the User to the sublicensee is in writing and complies with every restriction of the User’s license for the relevant Content and includes, without limitation, a restriction for the sublicensee to distribute, resell or further sublicense the relevant Content;
(c) None of the Contents on which are subject to the sublicense are used in printed or electronic items (e.g. flyer, business card, presentation, books, brochures, cups, postcards, mouse pads, cap, clock, calendars, web models or electronic devices) aimed to be resold by sublicensee;
(d) The production of goods or provision of services by the User to the sublicensee is not done by automatic means, it is tailor made for the sublicensee (and therefore not sublicensed by the User to any other Sublicensee) and requires a specific substantial human intervention from the User in relation to each sublicensee; and
(e) The User – and not the sublicensee – chooses the items within the Content to be used in the production of goods or provision of services.
When all of the above conditions are met, the User shall be entitled to sublicense the relevant Content. This exception refers to the prohibition to sublicense the Content without affecting or limiting in any way the remaining conditions of the User’s license. Whether the above conditions regarding the exception to the prohibition to sublicense the Content are met shall be interpreted restrictively so that, in case of doubt, it shall be deemed that the conditions are not met.
- Conditions for the Subscription
Purchase procedure for any Subscription, it shall be deemed that the User has read and accepted, without exception, the Subscription Terms. For the avoidance of doubt, the Subscription Terms are additional to the Terms which will continue to apply to Users who have acquired a Subscription unless it is expressly provided otherwise in relation to specific provisions in the Subscription Terms.
The Subscriptions available are offered in the Website where the pertinent information, price and conditions are included (including, without limitation, restrictions to the number of downloads each day). Grapixy can modify the Subscriptions offered at any time. The Subscriptions are personal, shall not be assigned to third parties and no third parties other than the User shall be allowed to use the Grapixy Content (including as third parties, for these purposes, affiliates or entities part of the same group of companies). The price for the Subscription is stated in US Dollars in the Website and includes, if applicable, the relevant Value Added Tax. The Company is entitled to modify the price for any Subscription at any time.
The User shall pay the Subscription in advance through PayPal or credit/debit card, as stated in the Website. To purchase and pay the Subscription, the User shall follow the instructions stated in the Website. The processing of the payment information and data through PayPal or credit/debit card is made within third-party sites. When ordering any Subscription, the User authorizes the Company to collect the corresponding price through the chosen payment method. The Subscription shall not be activated until the Company has received the payment or the payment has been authorized by the payment processor. After that, the Subscription shall be in force for the term purchased by the User.
Unless otherwise stated in these Subscription Terms, the Subscriptions shall be automatically and successively renewed at the expiration of its term, unless the User cancels the renewal of the Subscription before its expiration by the same initial payment method. The Company may modify the price for the renewal of the Subscription, provided that the User is informed with, at least, one-month prior notice.
After the purchase of the Subscription, the User may benefit from the following:
– The Service consisting in using the content in the Grapixy Content without crediting the Grapixy. The rest of conditions stated or referred to in Section 7 shall still be applicable.
– Access all contents available in the Website including exclusive premium resources.
– Not to be subject to the restrictions as to number of content downloads applicable a day.
- Conditions for the Contributors
Registered user can show their interest by filling up the “Become a contributor” for with his/her information and identity document. Grapixy will required their portfolio to prove skills. After review Grapixy will take decision to accept or ignore the request. Grapixy will ensure that the sellers are verified by a recognized national or federal means of identification of the state/country of the seller. Additionally, the sellers can be verified by their original work posted on their profile. Furthermore, we will create an option where sellers’ identity can be reported in case it is suspected to be illegitimate.
The Contributor must accept the payment and content guidelines follow the instructions stated in the Website. The Company may modify the terms of the Contributor with or/and without prior notice.
Specific terms of the Contributors:
– Non-exclusive agreement.
– Must upload their own and original work.
– Commission will acquired stated in the Website.
– Must provide their original document to prove individuality.
– File download type will be selected by Grapixy.
- Changes and Closure of the Website
Grapixy may, at any moment, and without prior notice/incurring in any responsibility towards the User, modify the content of the Website or the Services, limit or modify the conditions or cease to provide some or all the Services and features available or deactivate and delete all or some of the User accounts including contributor and their corresponding information. However, Grapixy will comply with its obligations regarding the keeping of records in relation of certain transactions for the relevant period as provided by applicable law in force at that time with the proportional part not accrued before the termination.
- General and Contact Information
The use of the Website and the Services shall be governed by U.S Law. Except for those cases in which applicable regulations impose a specific jurisdiction, any dispute in connection with these Terms shall be resolved by the Courts of the State of Delaware, and the Parties waive expressly any other applicable jurisdiction.
If any provision in these Terms is declared to be invalid or unenforceable, it shall be deemed that it had not been included. The remaining provisions in these Terms shall not be affected in anyway.
May contact Grapixy for any query or claim in the following website address: https://www.grapixy.com/contact