Terms of use

Terms of use

May 2016

The website available at http://www.graphicghost.com including all sub domains, or sections (“Website”) is operated by Graphic Ghost.

These terms of use (“Terms”) govern the access, browsing and use of the Website by their users (“User” or “Users”, as applicable); the download and use of certain content owned by Graphic Ghost; as well as the services rendered through the Website (“ Service” or “Services”, as applicable).

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.

Graphic Ghost may 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.

Some Services provided through the Website may be subject to specific conditions or instructions that must be accepted by the User prior to the provision of the relevant Service. These specific conditions may be imposed by Graphic Ghost or by third parties. Such specific conditions shall apply in addition to the Terms and in case of conflict shall supersede the Terms. Accordingly the User must read and accept such specific conditions before the provision of the relevant Service.

Likewise, in respect of collection and processing personal data, the Privacy Policy will apply.

1. Purpose of website

Through the Website, the User can search visual content, like photos, graphics, vector art, illustrations, icons, psd files, website templates, fonts and mock-ups 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, third party Content offered for free over the Internet (“Third Party Content“). However, the Service may also provide, in the result of that search, Contents owned by or licensed to Graphic Ghost (“Graphic Ghost Content”); as well as third-party Content not offered free of charge (“Sponsored Content“). Sponsored Content is duly differentiated and identified on the search results. Graphic Ghost Content can be downloaded through the Website.

2. Authorised use of the website

The User is only authorized to use the Website 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 Graphic Ghost or third parties, particularly, the owners of the Third Party Content or the Sponsored 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 Graphic Ghost. 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 any way which is contrary to the ordinary use of the Website or which infringes Graphic Ghost’s interests, without the express prior authorization from Graphic Ghost. Likewise, it is prohibited to obtain or attempt to obtain the contents of the Website using any method or system not expressly authorized by Graphic Ghost 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 Graphic Ghost.

When providing the Services, Graphic Ghost can publish advertising either related or not to the searched Contents, which is expressly accepted by the User.

3. Content

The Services allow Users to:
1. Search for content that may result in Third Party Content, Graphic Ghost Content and/or Sponsored Content.
2. Download Graphic Ghost Content.

3.1. Third Party Content and Sponsored Content
Regarding the Third Party Content and Sponsored Content, Graphic Ghost’s role is limited to complete the search requested by the User and to provide such Content as a search result with a link to the relevant website together with specific related information. In some cases, in order to provide the User a better user experience and facilitate returning to the Services, the link can be presented within a Graphic Ghost frame, which can be removed by the User at any time.

Graphic Ghost is not the provider of the Third Party Content or the Sponsored 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 Graphic Ghost and the third party responsible for the Third Party Content or Sponsored Content.

Graphic Ghost does not select, examine, control, guarantee, approve, sponsor or identify itself in any form with the Third Party Content or the Sponsored Content resulting of the searches made by the Users. The Third Party Content and the Sponsored 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 and/or the Sponsored Content under the terms and conditions established by such third parties. Graphic Ghost 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 and the Sponsored Content.

Graphic Ghost is not a party and does not take part in the relationship between the User and the third party that offers the Third Party Content or the Sponsored Content, and 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 or the Sponsored Content must be addressed to the third parties, which offer them in the linked website.

3.2. Graphic Ghost Content
The Graphic Ghost Contents are offered under the conditions stated from time to time in the Website (including, without limitation, restrictions to the downloads of Graphic Ghost Content each day) and are licensed in the terms set out in Section 6, as applicable.

3.3. Enquiries and Information about the Content
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 Graphic Ghost as indicated in Section 8 or following the instructions provided on the Website for a copyright complaint.

4. Responsibility

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 Graphic Ghost does not accept any responsibility for misuse or use in breach of these Terms.

The User will be responsible for any damages to Graphic Ghost resulting from the User’s use of the Website and the Services in breach of the Terms and accepts to indemnify Graphic Ghost and its directors, employees, agents and representatives from any liability in which they may incur resulting from the User’s breach of these Terms.

Graphic Ghost 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.

As way of example and without limitation, Graphic Ghost shall not be liable for any damages that may result from:
1. Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not Graphic Ghost’s responsibility.
2. 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.
3. Third party actions.
4. Unavailability of the Website and the Services due to maintenance or software updates.
5. Any other event beyond Graphic Ghost’s direct control.

Save for Graphic Ghost wilful misconduct, and those cases in which due to the specific circumstances of the user involved of 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 Graphic Ghost shall not be liable for any damage of any kind caused to the user as a result of using the website and the services.

In accordance with Section 3 above regarding Third Party Content and Sponsored Content, Graphic Ghost acts exclusively as a provider of a search service as requested by the User, without assuming any responsibility for search results.

The insertion of links in the Services does not imply any relationship, recommendation or supervision by Graphic Ghost of the linked website and accordingly, Graphic Ghost does not accept any liability in relation to the content of any linked website except in the specific circumstances provided by applicable law.

5. Intellectual property

All intellectual property rights over the Website, the Services, and/or the Graphic Ghost Content, 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, videos, sound recordings, etc.) belong or are licensed to Graphic Ghost.

Except as expressly authorized under Section 6, 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, the Graphic Ghost Content or any of its parts, is strictly forbidden.

The Third Party Content and the Sponsored 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. Graphic Ghost is not the owner and cannot grant any license or authorization in relation to the Third Party Content or Sponsored Content. The User must obtain authorizations that are, in each case, required to use any Third Party Content or any Sponsored Content.

If the third party holder of a Third Party Content or Sponsored Content does not want to be included in Graphic Ghost search results, the third party can contact Graphic Ghost as indicated in Section 8. Regarding a specific Third Party Content or Sponsored Content appearing as search result, you can use the copyright complain that appears next to the result.

6. Application end user license agreement

Graphic Ghost authorizes the User to download and use the Graphic Ghost Content under the terms of this license. Graphic Ghost reserves all rights over the Graphic Ghost Content not expressly granted in this license to the User.

Graphic Ghost grants the User a non-transferable, limited, non-exclusive, worldwide license for the duration of the relevant rights; to download, use and modify Graphic Ghost Content, in a device the User owns or controls and only for the purposes and uses allowed in these Terms.

The User may use the Graphic Ghost Content provided that it: (i) does not involve collective use, (ii) the Graphic Ghost Content is not used in a manner that suggests an association or endorsement by Graphic Ghost, (iii) the Graphic Ghost Content is not used or included in a database or archive in such a way that could prevent or limit future visits or downloads from the Website (iv) does not resell, assign, transfer or sublicense the Graphic Ghost Content or any derived work from a Graphic Ghost Content, (v) does not use the Graphic Ghost Content in printed or electronic items aimed to be resold, in which the Graphic Ghost Content is the main element (e.g. t-shirts, cups, postcards, mouse pads, calendars, web models or electronic devices), (vi) does not use the Graphic Ghost Content (totally or partially) in any trademark, logo or part of the same, of which may be used by any other mean to guarantee or to imply a guaranty of any product and/or service; and (vii) does not use the Graphic Ghost Content in connection with porn, defamatory or any other illicit or immoral contents.

The license of the Graphic Ghost Content shall be free provided that any use of the Graphic Ghost Content by the User is credited to Graphic Ghost as stated by Graphic Ghost from time to time. For any use of the Graphic Ghost Content without the credit to Graphic Ghost, the User  will be admonished and must pay an appropriate amount as determined by Graphic Ghost.

The User does not acquire any right as a result of the use of the Graphic Ghost Content. In particular, the User is not authorized to distribute, resell or rent any Graphic Ghost Content (or any modification of any Graphic Ghost Content).

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 Graphic Ghost Content and will destroy every copy, whether total or partial, thereof.

7. Changes and closure of the website

Graphic Ghost may, at any moment, and without 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 and their corresponding information.

8. General and contact information

The use of the Website and the Services shall be governed by German Law.

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.

You may contact Graphic Ghost for any query or claim in the following website address: http://www.graphicghost.com/contact