The goods and services offered by Graphoria Inc. (“Graphoria”, “we”, “us”, or “our”) include the website www.graphoria.com (the “Site”), the original artwork displayed here (“Graphoria Images”) and all other features, content, social media, or applications offered from time to time by Graphoria on or in connection with the Site (collectively, the “Graphoria Content”). Graphoria owns all right, title and interest in and to the Site and the Graphoria Content.
I. User Eligibility
Use of the Site and the Graphoria Content is void where prohibited by law. Children under the age of 18 are not permitted to become Subscribers or use this Site or the Graphoria Content. By using the Site or the Graphoria Content, you represent and warrant that: (i) all information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) you are 18 years of age or older; and (iv) your use of the Site or the Graphoria Content does not violate any applicable law or regulation.
II. Ownership and License
Graphoria is the owner of the copyrights in the Graphoria Art, the Graphoria Images, and all Graphoria Content. The names, trademarks and logos appearing on the Site or the Graphoria Content are owned by or licensed to Graphoria and are used with permission from the owner.
Graphoria hereby grants you a limited, non-exclusive, revocable, non-assignable, nonsublicensable license to view the Graphoria Content for your personal use only. This license strictly prohibits you from saving, copying, or downloading any Graphoria Content without permission from and payment of required fees to Graphoria. This license does not give you any ownership or intellectual property interest in any Graphoria Content. You may not reproduce, perform, create derivative works from, republish, upload, post, retransmit or redistribute in any way whatsoever any Graphoria Content without permission from Graphoria. Any alteration, modification, reproduction, redistribution, retransmission, redisplay or other use of any Graphoria Content in any other manner or for any other purpose constitutes infringement of Graphoria’s intellectual property and other proprietary rights. If you purchase a piece of Graphoria Art, you will own the physical piece, but Graphoria retains all copyrights. As such, you may not make or sell reproductions of the Graphoria Art.
All rights not expressly granted to you under this Agreement or an applicable, validly executed license between you and Graphoria are reserved by Graphoria.
III. User Content
As a Visitor or Subscriber, you are responsible for any User Content or communications you submit to the Site and are responsible for any consequences resulting from such User Content or communications. Therefore, you agree not to do any of the following: (i) transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to send it; (ii) send material that reveals trade secrets, unless you own them or have the permission of the owner to reveal them; (iii) send material that infringes on any intellectual property rights of others or on the privacy or publicity rights of others; (iv) send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another person or entity; (v) send sexually-explicit images; (vi) send advertisements or solicitations of business; (vii) send chain letters or pyramid schemes; or (viii) impersonate another person or entity. User Content that Graphoria deems to be in violation of this Agreement will be immediately and permanently deleted.
IV. Prohibited Activities
The following is a partial list of activities that are illegal or prohibited on the Site and through your use of the Graphoria Content. Prohibited activity includes, but is not limited to:
1. infringing the proprietary rights held by Graphoria or any third party, including but not limited to trademarks, copyrights, patents, and trade secrets;
2. reverse engineering, altering, or modifying the Graphoria Content;
3. commercializing, including but not limited to selling, licensing, and leasing any part of the Graphoria Content without prior written authorization from Graphoria;
4. any automated use of the Site or the Graphoria Content, such as using scripts to add Subscribers or Visitors or send comments or messages;
5. interfering with, disrupting, or creating an undue burden on the Site, the Graphoria Content or the networks or services connected to the Graphoria Content;
6. attempting to impersonate another Visitor, Subscriber, or other person or entity;
7. using the Site or the Graphoria Content in a manner inconsistent with applicable laws and regulations.
Graphoria reserves the right to investigate and take appropriate legal action against anyone who, in Graphoria’s sole discretion, violates Sections III or IV herein, including without limitation, reporting such violations to law enforcement authorities.
Graphoria reserves the right to terminate you as a Subscriber and prevent you from accessing the Site or the Graphoria Content at any time and for any reason, including but not limited to your violation of this Agreement or the law.
The violation of any of the terms and conditions set forth in this Agreement shall result in the immediate termination of your right and license to use the Graphoria Content and obligates you to immediately destroy any copies of the Graphoria Content in your possession.
VI. Removal of Personal Information
You may review, modify or remove any Personal Information you submit to the Site at any time, for any reason, by contacting Graphoria at email@example.com.
VII. Compliance With Laws
You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.
}VIII. Communications With You
Graphoria may communicate with you via email regarding your use of the Site or the Graphoria Content or your submission of Personal Information or User Content. You agree to receive email communications from Graphoria or its designee that are necessary for the normal functioning of the Site or in connection with the Graphoria Content or your purchases from Graphoria.
IX. Limitation of Liability
You understand and agree that Graphoria shall not be liable for any direct, indirect, special, consequential, incidental or punitive damages, (including without limitation damages resulting from lost data) resulting from the use or inability to use the Site or the Graphoria Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Graphoria is advised of the possibility of such damages.
X. Disclaimer of Warranties
THIS SITE AND THE GRAPHORIA Content ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. GRAPHORIA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTies OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Although Graphoria strives for accuracy in all elements of the Site and the Graphoria Content, the Site or the Graphoria Content may contain inaccuracies or typographical errors. Graphoria makes no representations about the accuracy, reliability, completeness, or timeliness of the Graphoria Content or about the results to be obtained from using the Site or the Graphoria Content or from relying on the Graphoria Content. You use the Site and the GRAPHORIA Content at Your own risk.
GRAPHORIA does not warrant that: (i) the Site will operate error-free; (ii) the Site and its web servers are free of computer viruses, worms or other harmful material; (iii) the quality of any products, services, information or other material obtained by you through the Site or in connection with the Graphoria Content will meet your expectations; or (iv) the Site will operate in perpetuity. GRAPHORIA assumes no responsibility or liability for any lost data, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Visitor or Subscriber communication. GRAPHORIA is not responsible or liable for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the internet or on any of the GRAPHORIA Content or combination thereof, including any injury or damage to a VISITOR’S OR Subscriber’s computer OR MOBILE DEVICE or to any OTHER person's computer OR MOBILE DEVICE related to or resulting from USING or downloading materials in connection with the SITE OR GRAPHORIA Content.
Under no circumstances shall Graphoria or its officers, directors, employees or agents be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or the Graphoria Content or from any User Content submitted to the Site. If your use of the Site or the Graphoria Content results in any costs or expenses, including, without limitation, the need for servicing or replacing equipment, data or User Content submitted, Graphoria shall not be responsible for those costs or expenses.
By using the Site and the Graphoria Content, you agree to defend, indemnify, and hold harmless Graphoria and its officers, directors, employees and agents from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Graphoria may become obligated to pay arising or resulting from your use of the Site the Graphoria Content, your submission of User Content, or your breach of this Agreement. Graphoria reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
XII. Third Party Websites
XIII. Governing Law
This Agreement is governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in Virginia with respect to any dispute, disagreement, or cause of action related to or involving the Site or the Graphoria Content.
XIV. General Provisions
Graphoria’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time.
You may not assign your rights or delegate your duties under this Agreement without the prior written consent of Graphoria. Graphoria may assign its rights and obligations under this Agreement to any party at any time, without notice to you.
If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
Except as expressly provided elsewhere on the Site, this Agreement constitutes the entire agreement between you and Graphoria with respect to your use of this Site and the Graphoria Content.
XV. Owner’s Contact Information
If you have any questions about the Site, Graphoria Content, or this Agreement, please contact us at firstname.lastname@example.org.
Last updated: 05 / 08 / 2014