By agreeing to terms and conditions below you agree that currently the site is under development and does not offer all the intended functions. The site is currently working only in upload mode and no purchases can be made until further notice.
GraphiShare.com later indicated as ‘The Site’ and/or ‘Graphishare’ is owned and operated by Idea Kit Ltd incorporated in England and Wales under join registry number 07288339.
The site and any uploaded content can be viewed by any internet user, who has accepted the Membership Terms and is willing and able to buy and sell Products.
After clicking “I Agree”, you will have consented to the Membership Terms and a legally binding contract between you and Graphishare regarding the use of the Site.
In case if you do not accept these Membership Terms, you should navigate away from this page.
If you accept the Membership Terms on behalf of a third party including an employer or their entity, you are required to provide the full details before clicking ‘I Agree’ representing and warranting the right legal authority that allows you to bind that third party to the Membership Terms. If you do not possess a legal authority to do so, you must not accept the Membership Terms or use the Site on behalf of the third party.
Membership Terms and Conditions
Terms and Conditions are shown below:
- Buyer is a Member who can buy Products made available for sale on the Site.
- Escrow Account is a virtual account where money is deposited on Commencement of Job described under Site section ‘Requests’ and is only released in accordance with these terms and conditions in conjunction with ‘Requests terms and conditions’.
- Seller is a Member who can make Products available for sale on the Site.
- Member is a person registered as a Member by creating an account and agreeing to these Terms and Conditions.
- Member Account has the meaning given to that term in clause 12.
- Member Wallet has the meaning given to that term in clause 12.
- Payment Agent is any payment agent or method approved by The Site from time to time including, but not limited to, PayPal and ImpulsePay.
- Products are any products available for sale on the Site including, but not limited to, web templates, Content Management System themes, photos, 3d content and other forms of stock content in the form of creative digital computer files.
- In these Terms and Conditions, a reference to “we” or “us” means Graphishare.com and a reference to “you” or “your” means a Member.
- The Site is digital contents made available under url: www.graphishare.com graphisshare.com and its subdomains.
Membership is only available for persons that are 18 years or over.
Membership requests do not mean an automatic Membership entitlement. GraphiShare has the right, at its sole discretion, decide on:
- refusing your request to become a Member; or
- once Membership is granted, suspend, terminate or restrict your Membership at any time.
Graphishare is not obliged to provide reasons for any decision it makes to suspend, terminate or restrict your Membership or to reject your request to become a Member.
Your Membership is non-transferable.
Once gaining a Membership, you will only be able to access all areas of the Site using the username and password registered at the time you become a Member.
You are responsible for each and every access or use of the Site under your username and password.
Use of your username and password can serve as a conclusive evidence that you have accessed the Membership sections of the Site.
Your username and password must be kept confidential at all times.
You must not share your username and password with third party that can access the Site and make use of the Site on your behalf.
In case of suspicion of any unauthorised use of your Membership Account, username or password, you must immediately notify Graphishare in writing.
You acknowledge and accept that you are liable for, and will indemnify Graphishare, its related bodies corporate, affiliates, officers, directors, agents and employees against, any and all claims made by a third party arising out of your access to, and use of, the Site as a Member.
3. Membership Benefits
A registered Member, subject to these Terms and Conditions, is entitled to:
- buy Products from other Members;
- sell Products to other Members (subject to clause 15);
- participate in online forums;
- submit job requests;
- accept job offers;
- generally make use of the Membership section of the Site; and
- take part in the referral program explained in clause 20.
Referring to ‘buying’ or ‘sale’ of a Product, included in these Terms and Conditions, means the acquisition or grant of a license or other right to use a Product. Members that buy Products acquire a license to use that Product. More detailed information is provided in clause 14.
4. Role of Graphishare
Graphishare’s Site is an exchange forum of Product licenses between the Seller and the Buyer and acts only as a provider of digital “shelf space” for sale of the Products licenses. Therefore Graphishare cannot and shall not provide any warranty or accept any liability for any Product and (or) other Content. The Members are fully and exclusively liable for all Products and other Content that they upload, download and (or) otherwise provide or acquire to or from the Site. Graphishare does not guarantee that the Content you download or access via the Site is problem-free, the liability to you is limited, as explained below. You are also consenting to indemnify us. We do not provide a warranty for the Product/Content hosted on this Site – it is provided on an ‘as is’ basis, as described in clause 26.
It is not guaranteed that the Products or any content, code, date or materials downloaded from the site does not violate the intellectual property rights of a third party. Each Seller is required to warrant that the product they upload does not violate the intellectual property of any other party and that the Seller had obtained all necessary product releases for use and licensing of the Product. All Members are advised to check with their own legal advisors to conclude whether a particular product and (or) any applicable contract is suitable or necessary for uploading particular Product or for a particular use of a Product, or whether such use is a fair use. Sellers should recognize that licenses of a Product without a release attached may be negatively impacted, if a release is deemed necessary by Buyers or their legal advisors.
5. Availability and Use of the Site
The access to the Site is available 24/7 or as otherwise stated on the Site.
Graphishare is entitled, in its own discretion, for any reason, at any time, with or without a notice:
- disrupt or suspend your access to the whole or any part of the Site; and/or
- alter, interrupt or suspend the provision of the whole or any part of the content and/or the services available on the Site.
You accept that Graphishare is not legally responsible to you for any loss that you may suffer as a result of any such disruption, suspension or alteration.
By accessing the Site and using the content and/or the services available on the Site, you must also act in accordance with with any guidelines, instructions or protocols regularly updated on the Site.
6. Fees and Services
Membership is free of charge.
You are not required to pay a fee in order to upload Products for sale on the Site.
Buyer of a Product will be required to pay a fee to purchase the right to use that Product in compliance with clause 14.
Sellers will receive the fee paid by the Buyer minus the commission entitled to Graphishare in accordance with clause 16. The fee for each sale of your Products to a Buyer will be subject to collection by Graphishare.
Every Payment by a Buyer on the Site must be made with the use of a Payment Agent.
Members are liable for paying all fees and taxes (including withholding tax), associated with your use of the Site wherever levied (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable).
“£” and “pounds” refer to the virtual currency of Graphishare, known as the Graphishare Credit.
Graphishare Credit System provides a price list, in which 1 Graphishare Credit is an equivalent to one British pound being an active currency of the United Kingdom. Payments are processed in GBP currency and will comply with the regulations of the according Payment Agent.
The cost of any currency exchange must be covered by a Buyer, converting his or her preferred currency to the GBP pounds, which in turn will be converted to the Graphishare Credit at time of purchase at no cost to the Buyer.
Where a payment is made by Graphishare to a Seller, the Seller is responsible for all costs of converting the amount of the payment from GBP currency into his or her preferred currency.
7. Member Information
People interested in becoming a Member and use the Site, may be asked to provide some personal information known as Member Information. The information provided should be true and as accurate and complete as possible.
Graphishare is authorised to use any Member Information provided by the Members, its agents and contractors in regards to the provision of services available on the Site, including marketing activities in relation to the Site.
8. Proprietary Rights
Graphishare, its licensors, advertisers or affiliates are owners of:
- the content of the Site (apart from Products owned by Members who offer them for sale on the Site);
- the look and feel, design and the organisation of the Site;
- the compilation of the materials on the Sites; and
- the intellectual property rights (if any) of the works described in paragraphs above.
Membership of the Site does not entitle you to any ownership or like interest in any content, code, data or materials you may access on or through the Site or any intellectual property rights contained in any of those things.
9. Copyright & Trademark Claims
Graphishare respects the intellectual property rights of others. Graphishare requires that you do the same.
If you believe that a work of which you are the owner is infringed by a Product being offered for sale on a Site has been copied in a way that constitutes copyright infringement, please forward all the following information in one document (Copyright Claim) to Graphishare:
- your address, telephone number and email address;
- a description of the location of the alleged infringing material;
- a description of the copyright work that has been allegedly infringed;
- a statement by you, that you warrant that the information given in the Copyright Claim is accurate and that you are either the copyright owner or are authorised to act on the copyright owner’s behalf;
- your physical or valid electronic signature.
On receipt of a Copyright Claim Graphishare will take the actions we consider necessary to manage the administration of the Copyright Claim.
The trademarks, logos, service marks and trade names (collectively the Trademarks) displayed on the Site are, unless stated otherwise, the registered and unregistered Trademarks of Graphishare and others.
Without the owner’s approval, a Trademark cannot be used by Members.
Any contents of the Site should not be interpreted as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Site without the written consent given by its owner.
11. Confidential Information and Privacy
Graphishare does not guarantee Members’ confidential use of the Site.
Graphishare cannot be responsible for any harm that you or any person may suffer as a result of a breach of your confidentiality regarding your use of the Site.
Although Graphishare has taken all the reasonable precautions to protect information that you upload to the Site over the internet, Graphishare cannot guarantee the security of that information. Once Graphishare has received your transmission, Graphishare will take all the reasonable steps to preserve the security of such information.
Members must not disclose any private and confidential information on the Site.
Users of the Site contacting the other Members, must respect the privacy and legal rights of other users.
If a Member makes his or her Membership Information available to you (or your Product accesses or uses) such as usernames, passwords or other login information or personal information of the Member (Personal Information) you must:
- inform the Member that the Personal Information will be available to you; and
- ensure that, by proceeding to transact with you, the Member has consented to give you permission to use the Member’s Personal Information; and
- give a privacy notice to the user, recording the manner in which the Personal Information will be handled by you, that is legally sufficient; and
- use the Personal Information for the limited purposes for which the Member gave permission; and
- use the information in accordance with the terms of the privacy notice.
Any separate agreement made between you and another Member that gives permission to you (or your Product) to access, keep or use the Member’s Personal Information directly related to your Product (excluding other products or applications) will be governed by the terms of that separate agreement regarding the use of such Personal Information.
Without limiting the generality of the foregoing, if the user provides you with information about the Member’s Member Account, you may only use that information to access the Member’s Member Accounts when, and for the limited purposes for which, the user gave permission for you to do so.
12. Member Accounts
The registered Members have a single account that is accessible by them on the Site (Member Account). In addition, through your Member Account, you will be able to access a ‘wallet’ which will register all the payments made by you to Graphishare (as a Buyer) and payments made by Graphishare to you (Member Wallet).
13. Payments into and from Member Wallet
Graphishare is not a licensed financial service provider, nor does it conduct the business of banking in United Kingdom and Graphishare provides its services as a cashier using a payment processing service rather than a banking service.
While using site area found under ‘Requests’ the site functionality my require user to put funds in Escrow Account. Graphishare will hold these funds for duration of the operation as defined under ‘Requests terms and conditions’ Graphishare is not a deposit taking body and any monies held by Graphishare on a User’s behalf are not insured deposits. Users are not entitled to and will not receive any interests from the Escrow funds or Member Wallet. Graphishare will do everything reasonably possible to ensure that the funds in the Escrow account and Members Wallet are available to the User in accordance with these Terms and Conditions but do not guarantee that they will be available to User in circumstances which are unforeseen or beyond our control.
Payments that you make into your Member Wallet
Graphishare Credits can be purchased by you by making a payment into your Member Wallet.
Any monies that you deposit into your Member Wallet are to be used to pay for Products you buy on the Site.
Graphishare does not give refund for any monies deposited into your Member Wallet to buy Graphishare Credits to use as a Buyer. If you do not use the Graphishare Credits in your Member Wallet for a period of 12 months, all the deposits will be forfeited to Graphishare on the 12 month anniversary of that deposit. However, by purchasing more Graphishare Credits (i.e. by making a new deposit into your Member Wallet) before forfeiture of any unused Graphishare Credits, the balance of your payments into your Member Wallet (comprising both the new deposit and the balance of the previous Graphishare Credits) will be available for your use for a period of 12 months from the date of the new deposit. Similarly, in case if the new deposit is not utilised after the expiration of 12 months, it will be forfeited to Graphishare on the 12 month anniversary of that new deposit.
Graphishare may, but is not obliged to, notify you about the forfeiture before it occurs.
Payments made by Graphishare into your Member Wallet
You direct Graphishare to:
- credit to your Member Wallet any amounts due to you in respect of sales of your Products on the Site; and
- credit to your Member Wallet any Referral Commissions earned from referring new Members to the Site (see clause 20).
In order to avoid any misunderstanding, only credits for sales of Products by the Member and Referral Commission earned by the Member appearing on the Member Wallet will be paid to a Member. Any deposits made by the Member to the Member Wallet as a Buyer remain in the Member’s Account and are not refundable.
Payments of Earnings out of your Member Wallet
Graphishare will pay to you amounts earned by you as a Seller under the following conditions:
You accept that Graphishare reserves the right to pay any Earnings to you, at any time, at its sole discretion.
You ask Graphishare to hold all sums credited to your Member Wallet until such time as you request payment. You acknowledge that, unless Graphishare exercises its discretion to pay Earnings to you, it will continue to hold any Earnings until receiving your payment request. Any activity on your Member Wallet such as purchases and sales will be taken to be a restatement and confirmation of this wish.
Members must provide Graphishare with the correct account details and payment method when they want to receive a payout. Graphishare will make payments in regard to specific classes of sums as listed below:
- Sums under £20: Graphishare will not pay you if you have under £20 in your Member Wallet unless over 12 months have passed from either the date of your first sale or the date on which Graphishare last paid out Earnings. If this time frame is met, Graphishare will pay you using a Payment Agent subject to transaction fee surcharge of 3.5%.
- Sums over £20: If you have over £20 in your Member Wallet Graphishare will pay you using a Payment Agent; and
- Where you have £200 or more in your Member Wallet: Graphishare will pay you by Payment Agent, or using electronic funds transfer on your request.
If Graphishare is unable to pay Earnings to you because:
- we do not have the correct account details or EFT details;
- we are unable to contact you using the contact details that you have supplied;
- you have not made a request for payment; or
- you are asking for payment to be made to a person, or to an institution in a country, that Graphishare is prohibited from making payments to at law or where there are limitations in the banking systems
All Earnings will continue to be held by Graphishare in accordance with your instructions to hold all sums credited to your Member Wallet.
Other than as stated in clause 13(i), Graphishare will not pay any Earnings standing to your credit in your Member Wallet which are less than £20.00 in total. However, the sum can be used to buy Products.
You must bear all expenses incurred by Graphishare in paying monies to you. Payments made via a SWIFT transfer acquire a processing fee of £20 per payment.
SWIFT, and Payment Agent standard terms and conditions regarding refunds, chargeback, fees and unauthorised transactions will apply and you consent that Graphishare will automatically deduct such refunds, chargeback, fees and unauthorised transactions from the Member Wallet.
Once Graphishare has received request to withdraw user funds it will do so on the 15th date of next month. But no sooner than fifteen (15) days after the request of withdrawal has been received. For illustrative purposes: if user requests withdrawal of funds on 30th of April, Graphishare will process his withdrawal request on the 15th of May. If however the user requests withdrawal of funds on 1st of May, Graphishare will process his withdrawal request on the 15th of June.
14. Buying Products
When purchasing a Product, you acquire a license to use that Product from the Seller of the Product.
The licenses types and the conditions of use are explained on the licensing page of each product.
Depending on the use you want to make of a Product, you will need to choose the correct license type required by you. You are responsible for choosing, and warrant that you have chosen, the correct license to meet your requirements. You acknowledge that Graphishare has the right to implement against you the terms of any license that you have gained from a Seller.
When buying a Product, you do so on the following terms:
- you cannot cancel an order for a Product once the order has been submitted;
- Graphishare does not give any undertaking as to the continued availability of Products offered for sale on the Sites;
- once your order for a Product is accepted, and you pay the fee, you acquire a non-exclusive (not if only otherwise explicitly stated) license to use the Product in accordance with the conditions of the license that you acquire;
- ownership of the Product remains with the Seller;
- payment of the fee will be made at the time of purchase; and
- Sellers cannot buy any of their own Products.
Buying specifics under Site section ‘Requests’ have additional requirements and will need additional ‘Requests terms and conditions’ approval before using.
Downloaded digital items will not be refunded after user has made his first download, with the exception of as required under the English Consumer Law or relevant consumer protection laws.
If you would like a refund or credit on a Product you must make a claim to firstname.lastname@example.org . We will assess claims on their merits, with regard to the digital nature of the Products and any preview or inspection that was available before purchase.
There is no legal requirement to provide a refund or credit for reasons including (but not limited to) if you:
- have changed your mind about a Product;
- bought a Product by mistake;
- do not have sufficient knowledge to use the Product;
- ask for goodwill; or
- have no longer access a Product because it has been deleted by its Seller from the Site (you are advised to download Products immediately at the time of purchase).
When a refund or credit has been assessed by us as due, this will be paid by a deposit of Graphishare credits to an according Member Wallet.
You acknowledge and agree that despite all the reasonable precautions taken by Graphishare, Products may have an incorrect price label or incorrect information due to a typographical error or similar mistake. In these circumstances, Graphishare reserves the right to cancel or reverse a transaction, even after your order has been confirmed and a payment has been processed. If a transaction had to be cancelled, Graphishare will immediately arrange for any payment to be credited or refunded.
You acknowledge and agree that despite all the reasonable precautions taken by Graphishare, Products may not be to sufficient quality, level of expectation or without fults. Graphishare does not bare any responsibility for any of the products quality or performance.
You accept and acknowledge that if, as a Buyer, you lodge a dispute with PayPal we are unable to make any payment out of your Member Account until the PayPal dispute has been resolved.
When the buyer has paid and received his desired product he is asked to provide qualitative feedback and rating for the selling party. This rating influences each User’s ranking in the site.
Buyer should complete the feedback honestly. Users must not falsify feedback, manipulate or coerce another User by threatening negative feedback or offer incentives in exchange for feedback. Any attempts of this nature should be reported immediately to the site administration.
15. Selling Products
You warrant to Graphishare and each Buyer that, as a Seller, in relation to each Product that you offer for sale on any of the Sites:
- you own the intellectual property rights of that Product;
- that Product does not infringe the intellectual property rights of a third party;
- that Product is not false, inaccurate or misleading;
- that Product is not fraudulent, stolen or an unlawful item;
- that Product does not violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices or fair trading laws);
- that Product is not defamatory, unlawfully threatening or unlawfully harassing;
- that Product is not obscene and does not contain child pornography and does not constitute or contain material that is adult in nature or harmful to person under the age of 18 years;
- that Product does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
- that Product would not create liability for Graphishare or cause us to lose (in whole or in part) the services of its ISP or other suppliers; and
- that Product would not cause Graphishare to violate any applicable law, statute, ordinance or regulation by making it available on the Site.
As a Seller, you must:
- according to clause 15, you must not offer to or sell to Members any of your Products that have not been allowed by Graphishare
- notify us of any information which may affect or assist in sales of your Product(s);
- provide us with full and accurate information regarding enhancements and new releases of your Products;
- act in good faith at all times and provide such assistance and co-operation as we reasonably request; and
- to the extent practicable, maintain registrations of all relevant intellectual property rights and of all names relating in any way to your Products.
- when uploading the Product to the Site, the Seller shall indicate the terms of licence, upon which a respective Product is licensed to the Buyer.
You acknowledge and accept that any Product offered for sale by you on the Site must first be submitted to Graphishare to enable it to verify the quality of the Product and the information provided with the Product. In case of Product being vertified by Graphishare, it does not warrant the quality or contents of your product in any way.
Graphishare may refuse, in its sole discretion, to permit you to offer the Product for sale on a Site. Graphishare is not obliged to give reasons for refusing to allow you to offer a Product for sale on a Site.
You acknowledge and accept that if Graphishare determines, in its absolute discretion, or is notified by a third party, that a Product that you offer for sale on a Site does not comply with any applicable laws and/or these Membership Terms, Graphishare may disable your Member Account and Member Wallet and withhold all amounts that you may have earned from the sale of the relevant Product until the earlier of:
- any dispute regarding the Product has been resolved to the satisfaction of Graphishare; and
- the expiry of two years from the date your Member Account and Member Wallet is disabled.
In case if the dispute has not been resolved within two years, Graphishare will pay amounts standing to your credit in your Member Wallet to you in compliance with the clause 13.
You accept your responsibility for the asking fee payable for each Product. Graphishare cannot be made liable for any mistakes in the asking fee. The commission obtained by Graphishare from each sale is non negotiable and is based on Commission Table.
Products on Site are reviewed on regular basis to ensure the data base remains consistent with Graphishare’s latest quality and technical standards as well as currency of software and market trends.
You acknowledge and accept that Graphishare may, at its sole discretion, choose at any time and for any reason to remove your Products from a Site without notifying you. Graphishare is not responsible for any loss that you may suffer as a result of a Product being removed from any of the Sites by Graphishare.
Graphishare is not responsible for any loss suffered by you as a result of a Buyer making use of a Product that you offer for sale on a Site contrary to the conditions on which the Product was sold to the Buyer.
You accept and acknowledge that Graphishare has the right to use the whole or any part of a Product which you upload for sale at the Graphishare Marketplace to promote the Site. This promotional use may include use on a features page on the Site itself, or on other sites (i.e. social networks). No compensation is due or payable for such use of your Product.
You accept and acknowledge that a Graphishare associate may use your watermarked previews in their promotion of the Site. No compensation is due or payable for such use of your preview.
You agree that a Seller may use a watermarked preview of your Product in a preview of another Product without requiring permission from you, without violating your copyright and without providing monetary compensation to you. The Seller must acclaim such usage by providing a link to your Product.
You give permission to Graphishare to submit a DMCA notice to others on your behalf regarding any unauthorised use or copies of your Products made elsewhere (without obligation and at Graphishare’s sole discretion).
Whilst these terms and conditions apply to all parts of the Graphishare.com website sections. The elements under section ‘Requests’ has specific regulations. Without accepting the specific regulations Members are not able to create or apply to any offers available in the ‘Requests’ section of the Graphishare.com website. For specific regulations please consult:
17. Special arrangements
Graphishare may use your Products in promotions such as a Graphishare bundle (bundle). If your Product is selected to be part of a bundle, you will be notified about how to work out the revenue your Product can earn as a proportion of the total bundle once included in it, and any change of commission rate applying to your Product in the bundle. Once you are informed of your Product’s selection to be included as part of a bundle you will be given further information about when the bundle offer will be run and for how long you have to opt out of the bundle. If you do not opt out within the time frame specified, you agree that your Product will be offered for sale as part of the bundle.
All details of bundles are made at our sole discretion (regardless of current commission rates, your sales or your exclusivity status). Bundle sales will not be added up towards your marketplace sales for the purpose of calculating the marketplace commission on your non-bundle Products.
You accept that it can take up to several weeks to process and apportion bundle payments and that your Member Wallet will not be credited instantly.
Occasionally Graphishare might negotiate volume or other arrangements with Buyers as part of our creation of business development opportunities for Sellers (special deals). You give us permission to negotiate special deals.
Changes to commission: Special deals might include a change to the commission rate for a Product as part of the particular special deal (as well as the price). You will be given the opportunity to opt out of taking part in a special deal that changes the commission rate for a Product selected for a special deal within the time frame we set out when we make the offer to you.
Additional license terms: Special deals might also involve you entering supplementary licensing arrangements to allow the Buyer make use of your Product in particular ways. If these supplementary licenses are considerably different from the standard marketplace licenses, you will also be given the opportunity to opt out of taking part in the special deal within the time frame we set out when we make the offer to you.
If one or more of your Products is sold over the Site, Graphishare will credit your Member Wallet with the balance of the fee received from the Buyer (that is the gross fee less Graphishare’s commission).
You give permission to Graphishare to collect and distribute such fees and commissions on your behalf.
The commission payable to Graphishare on each sale of a Product will vary depending on your participation in special deals.
Graphishare’s commission for each of your Products sold over the Site will be calculated by reference to the Commission Table and by reference to the accumulated value of gross sales of your Products you have achieved over the Sites (Lifetime Sales Volume).
Commission rates may be occasionally altered by Graphishare at its sole discretion.
Any changes to the commission rates by Graphishare will take effect on and from the date on which notice of the variation is posted by Graphishare on the Sites. (For commission rates on special deals, see clauses 15 and 16.)
Graphishare retains the right to alter commission rates individually to Members at its own discretion.
19. No Warranty
Graphishare acts only as a forum for exchange of Products’ licenses and therefore cannot control the quality or legality of any Content on this Site or the accurateness of any interrelated information. It is your full responsibility to ensure and evaluate the quality and legality of any Product and its use. You accept that Graphishare shall have no liability for any misrepresentation, incomplete statement or failure to disclose any Product data, or for any claims arising from a transaction resulting from your use of the Site or a business transaction you enter into using the Site. Graphishare’s sole obligation is to allow Buyers to download Products (uploaded by Sellers) upon payment in full of any fee set by the Seller.
Graphishare makes all commercially reasonable precautions to ensure that all materials, information and data on this Site are accurate and reliable; however, accuracy cannot be guaranteed, hence Graphishare bares no legal responsibility.
This Site is provided by Graphishare on an “as is” basis. Graphishare provides no warranties with respect to this site, and disclaims all applicable warranties, expressed or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement for the site and all Content and any warranties arising from course of dealing or usage in trade. Graphishare makes no warranties or representation regarding results that may be obtained from use of this site, or use of material, information or data downloaded or otherwise obtained from this Site, or regarding the accuracy or reliability of any information obtained from this Site. Graphishare does not warrant or guarantee the accuracy, completeness, correctness, timeliness, or usefulness of this Site or any Content or other material, obtained through use of this Site or that use of this site or any product/content on this Site will meet any requirements, be uninterrupted, timely, secure or error-free. Graphishare shall have no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication.
By accepting these Terms and Conditions you acknowledge and agree that your use of this Site and its Content is at your own discretion and risk, and that you are solely responsible for any damage that may occur from downloading and using of any Content.
Graphishare cannot warrant or guarantee that Content or other materials and information available on this Site will be free from infections, viruses, worms, Trojan horses or other codes that could be damaging to your computer system. You should take all reasonable and appropriate precautions against such codes (or) software. Nonetheless, Graphishare will take all reasonable precautions to limit the possibility of such content being delivered to the Members.
Graphishare is not legally responsible to users and Members of the Site for any damage resulting from use of this Site or use of Products downloaded from this Site, and is not in any way responsible for the conduct of users or members of this Site or for Products posted or exchanged on this Site.
There is no guarantee of any advice or information, whether oral or written, obtained by you from Graphishare or in any manner from this Site.
Because of the digital nature of the content and the fact that it is delivered via Internet, there may be some delays in the content deliveries. Graphisahre is not liable for any delays in delivery or performance caused by your failure to provide necessary and accurate information in a timely manner, or caused by circumstances or causes beyond Graphishare’s reasonable control.
If you refer a new Member to any of the Sites you will receive a commission equal to 10% of that new Member’s first cash deposit and or 2% of any sale made by new referred Member for one month period since becoming a Member (Referral Commission).
You automatically have a referral code generated using your username. This code is available on theReferral Page.
New Members referred via your referral link are eligible if they:
- have cookies enabled on their browser;
- do not clear their cookies;
- have not been previously referred by another Member;
- are not related to you or your business or company;
- have been referred via an external site and not through an Graphishare site; and
- make a cash deposit or purchase within three months of the referral.
You may not refer new Members by:
- purchasing a domain name, search engine keyword or pay-per-click advertisement that use any Graphishare trademarks and/or variations and mis-spellings thereof; or
- sending unsolicited email or other messaging that in any way may constitute spam;
- engaging in any conduct that would amount to a breach of any laws including, but not limited to, privacy, intellectual property and spam;
- engaging in any conduct that is directly or indirectly in contravention of any direction given to you by Graphishare or these Membership Terms; or
- engaging in any conduct that does not meet Graphishare’s standards of ‘fair play’ at Graphishare’s discretion.
Graphishare reserves the right, in its absolute discretion, to determine whether or not your use of the referral program complies with any applicable laws and/or these Membership Terms.
Graphishare’s determination as to whether or not your use of the referral program is in breach of any applicable laws and/or these Membership Terms is final and binding.
If Graphishare determines that you have not complied with any applicable laws and/or these Membership Terms, Graphishare will disable your Member Account and withhold all Referral Commissions that may be payable by Graphishare to you at the time it becomes aware of your failure to comply.
21. Prohibited Conduct
You guarantee that while using the Site and its various services and features offered on or through the Site, you will not:
- use a false email address or impersonate any users or entity or misrepresent your affiliation with any other person or entity;
- insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services or use, redistribute, republish or exploit such content or service for any further commercial or promotional uses; or
- attempt to gain unauthorised access to other computer systems through the Site.
You must not:
- engage in “spidering”, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal data, or any other automatic means of obtaining user lists or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site;
- under any circumstances obtain or attempt to obtain unauthorised access to computer systems, materials or information through the Sites;
- use the Sites or the services made available on or through the Site to interrupt, damage, disable, overburden, or impair the Site or its services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
- use the Site, content or services offered on the Site for any illegal, fraudulent, obscene, offensive, personally offensive or defamatory purpose or activities;
- use the Site to distribute or make available any Products whose primary function is to facilitate the distribution of Products outside of the Sites;
- use any mechanism, device, software or script to affect the proper performance of the Site including taking any action which may infect the Site with any routine, including (but not limited to) any viruses, time bomb, trojan horses, worms, cancelbots or other computer routine that may damage, interfere with, delay, intercept or expropriate any system, data or personal information;
- take any action which may interfere with, disrupt, manipulate, tamper with or otherwise abuse the Sites or networks related to the Site;
- use the Site or the Site’s services or features to violate Graphishare’s or any third party’s intellectual property or other proprietary or legal rights; or
- use the Site or its services to violate any applicable law.
Furthermore, you accept that you must not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s services, or any content of the Sites or any of its domains, or make any unauthorised use of the Site or the Site’s services or any content of the Site or any of the domains of the Site.
You accept that you must not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any third party’s use and enjoyment of the Site or any of its services.
You must not obtain or attempt to obtain any materials or information through any means not intentionally made visibly available or provided for through the Site.
Graphishare reserves the right, at its absolute discretion, to determine whether or not your use of the Sites or content or services available on the Site meets the Membership Terms.
Any commercial or promotional distribution, publishing or exploitation of the Sitess, or its content, codes, data or materials available on the Site, is strictly prohibited unless you have received a prior written permission from Graphishare.
Except from what is explicitly allowed in these Membership Terms, and unless otherwise indicated in these Membership Terms, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or made available through the Site.
22. Linking to the Sites
You agree that if you include a link from any other web site to one or more of the Sites, such link must link to the full version of an HTML formatted page of the relevant Site.
You are not permitted to link directly to any image hosted on the Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site.
You agree not to download or use images hosted on the Sites on another web site, for any purpose, including, without limitation, posting such images on another site.
You agree not to link from any other web site to any of the Site in any manner such that the Site, or any page of the Site, is “framed”, surrounded or obfuscated by any third party content, materials or branding.
We reserve all of our rights under the law to insist that any link to any of the Site be discontinued, and to retract your right to link to the Site from any other web site at any time upon written notice to you.
23. Third Party Sites
You may be able to link from the Site to third party web sites and third party web sites may link to the Site (Linked Sites).
You acknowledge and agree that Graphishare is not resposnible for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by our affiliates.
The inclusion of a link to a Linked Site on a Site does not represent or indicate any relationship between Graphishare and the operator of that Linked Site or any endorsement or sponsorship by Graphishare of that Linked Site.
Graphishare disclaims any liability for links:
- from another web site to the Site; and
- to another web site from the Site.
Graphishare is not responsible for any form of transmission received from any Linked Site.
24. Third Party Developers
Graphishare is aware that third party developers may offer applications for use in conjunction with the Site and that use of these applications may require you to disclose confidential information (such as your Graphishare password and user name).
While welcoming the involvement of the third party developers Graphishare is not able to, and does not, warrant or endorse those applications and cannot be responsible for any interaction between you and a third party developer.
You will need to consider the benefits to be derived from using any such applications and the reliability and trustworthiness of the third party developers.
25. Public Forums
Graphishare may occasionally use messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site.
Apart from any other rules or regulations that we may post in connection with a particular service, you agree that you must not upload, post, transmit, distribute or otherwise publish through the Site or any service or feature made available on or through the Site, any materials that:
- restrict or inhibit any other user from using and enjoying the Site or the Site’s services;
- are fraudulent, unlawful, threatening, abusive, harassing, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
- constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- violate, plagiarise or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
- contain a virus, spyware, or other harmful component;
- contain embedded links, commercial solicitation, advertising, chain letters, mass mailings or, pyramid schemes of any kind;
- constitute commercial solicitation or ‘spam’ of any kind; or
- constitute or contain false or misleading indications of origin, endorsement or statements of fact.
You further agree not to impersonate any other person or entity, whether actual or fictitious, including any affiliates of Graphishare.
You also must not offer to buy or sell any product or services on, or through, your comments posted on our forums. Only you are responsible for all information and materials that you upload to the Site and the consequences of any of your activities on the Site.
Graphishare reserves the right, but does not have an obligation, to monitor and/or review all information and data uploaded to the Site or through the Site. Graphishare is not responsible for, and assumes no liability for, any such materials posted by users. However, Graphishare reserves the right at all times to disclose any information if necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Graphishare’s sole discretion are objectionable or in violation of these Membership Terms, Graphishare’s policies or applicable law.
Graphishare also has the right to restrict certain features of the forums or limit your access to part or all of the forums without notice or penalty if we believe you may be breaching the Membership Terms or applicable law, or for any other reason without notice or liability.
Importantly, the comments posted on the Graphishare’s forum may be saved and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long period of time and you have no control over who might read them eventually.
Therefore, Graphishare advises you to be careful and selective about the personal information that you disclose about yourself and others, and particularly any sensitive, embarrassing, proprietary or confidential information in your comments posted on our public forums.
Graphishare does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
- all content and services on the Sites is provided “as is” and without warranties of any kind, either express or implied;
- Graphishare and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
- Graphishare does not warrant that the functions contained in any content or your access to the Sites will be uninterrupted or error-free, that any defects will be corrected or that the Sites or the server which stores and transmits content to you are free of viruses or any other harmful components; and
- Graphishare does not warrant or make any representation regarding your access to, or the results of your access to, the Sites (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
Under no circumstances (including but not limited to any act or omission on the part of Graphishare) will Graphishare or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Sites.
To the fullest extent permitted by law, Graphishare’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Graphishare to the following:
in the case of services supplied or offered by Graphishare:
- the supply of the services again;
- the payment of the cost of having services supplied again; and
- in the case of goods supplied or offered by Graphishare:
- the replacement of the goods or the supply of equivalent goods; or
- The payment of the cost of replacing the goods or acquiring equivalent goods.
27. Indemnification and Release
You hold the full responsibility (and agree that Graphishare has no responsibility to you or to any third party for) for, and you agree to indemnify and hold Graphishare harmless (as well as Graphishare’s affiliates, directors, officers, employees and agents) from any and all claims, liabilities, costs and expenses (including legal fees) arising in any way from, any of the following matters:
- your use of the Site;
- any Products you sell or buy through the Site;
- your placement or transmission of any Product, message, content, information, software or other materials through the Site;
- your breach of any applicable related third party contract or terms of service
- your breach of the law or of these Terms and Conditions.
Graphishare reserves the right, at its own discretion, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Graphishare’s defence of such claim.
28. Changes to Terms and Conditions
Graphishare reserves the right, at its sole discretion, revise or make changes to these Terms and Conditions (in whole or in part) or the content of the Site from time to time and at any time without notifying you.
Any changes made in the Terms and Conditions will take effect at the time when notice of the change is placed by us on the Site. It is your responsibility to check these notices.
Your continuous use of the Site and/or the content or services made available on or through the Site after any changes made to the Terms and Conditions will be considered as an acceptance of those changes.
29. Relationship between the Parties
Nothing in these Membership Terms:
- constitutes a partnership between the parties; and
- except as expressly provided, makes their party an agent of another party for any purpose.
A party cannot in anyway or for any purpose:
- bind another party; or
- make contracts on behalf of another party.
If a party must accomplish an obligation and that party is dependent on another party, then that other party must take all reasonable efforts within its power to support the other in the performance of that obligation.
30. Suspension or Termination
Graphishare reserves the right to suspend or terminate your registration as a Member and deny you access to your Member Account immediately if:
- you violate these Membership Terms or any other terms and conditions, agreements or rules of the Site;
Graphishare is unable to verify or authenticate any information you provide to us when you initially sign up as a Member or in the course of using the Site;
- Graphishare believes that your actions may cause legal liability for you, our other Members or us.
Should Graphishare elect to suspend, terminate or restrict your Membership in any way, you may be permanently or temporarily banned from accessing the Site. In either case, you must prevent from creating a new Member account.
31. Fraudulent actions
Graphishare reserves the right to suspend, terminate, denote Member’s account stance, decrease commission payouts or remove funds from Member if it finds Member to be conducting fraudulent, purposely misleading or other damaging actions to other Members or Graphishare.com. This includes, but is not limited to:
- Member is found to be attempting to sell or has sold products that clearly do not correspond with description of the product. In case where sale of Product has already occurred, Graphishare.com can, on its own discretion, remove the funds from Member’s and reimburse to the Buyer’s account.
- Member has been purposely denoting, verbally assaulting or defaming other Member on any of the communication platforms provided by the Graphishare.com
- Member has been utilising a glitch, fault or any other loop hole in the system and utilised to gain any unfair benefits.
Severity of penalty for fraudulent actions is solely in the discretion of Graphishare.com administrators and this cannot be challenged in any way. The highest penalty for fraudulent actions is complete termination of Member’s account and removal of funds. Graphishare also reserves the rights to take legal action against any Member to claim any further losses caused to the system.
According to these Terms and Conditions, any notification will be correctly issued if it is in writing and is emailed to a party to the email address that that party has provided or any other email address as may be notified for the purpose of the service of notices.
A notice will be deemed to have been given on the date of delivery.
33. Applicable Laws
Using the Site, or the Products, content, code, data or materials available on or through the Site, except as otherwise provided for in these Terms and Conditions, you may breach intellectual property regulations (including copyright) and other laws of the United Kingdom and other countries and may be liable for such unauthorised use.
The Site is managed and operated from our office in the United Kingdom. We do not guarantee that materials on the Site are appropriate or available for use in other locations. Persons accessing the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The laws of United Kingdom govern these Terms of Conditions without regard to any choice of laws or conflicts of law provisions. You agree that any lawsuit arising from or related this Site shall be brought exclusively to courts located in London, United Kingdom and you consent to the exclusive jurisdiction of such courts.
If any provision of these Terms and Conditions is considered invalid, void, or for any reason unenforceable, that provision shall be severed from these Terms and Conditions and the remaining conditions will remain in force to fullest degree provided by law.
No partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or produced by these Terms and Conditions.