The website available at http://www.graphicghost.com including all sub domains, or sections (“Website”) is operated by Graphic Ghost.
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.
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.
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 Services. 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 for keeping such information updated. Should the User provide false, outdated or incomplete information, or should the Company have reasons to suspect it, the Company reserves the right to suspend or cancel the User’s account.
The User must protect and keep the account password confidential 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 account, he/she/it should immediately inform the Company.
The Company may suspend or cancel the User’s account if it considers that the User has breached these Terms.
4. Subscription Agreement
With the purchase of an monthly or annual membership (“Premium Membership”), the User will have full access to all file downloads listed in the entire premium section.
The Membership term is 1 month or 1 year (“Term”) and is non-refundable. This is a license for a single user. The downloadable files are owned by Graphic Ghost or a third party and are licensed to the User for use in your personal and commercial projects. The User may not sell, license, sublicense, or otherwise transfer these samples or copies of the samples to others.
By using this Website, the User agrees to this Contract. By using this Website after Graphic Ghost post any changes to this Contract, the User agrees to accept those changes, whether or not the User has reviewed them. If the User do not agree to this Contract, the User should not use the Website and, if the User is a subscribing member, the User should arrange to cancel the subscription with the Graphic Ghost.
This Subscription Agreement only applies to the User if the User is a subscribing member. A subscribing member is an individual who makes, directly to Graphic Ghost, an monthly or annual payment to download files from this Website.
The User agrees to provide true, accurate, current and complete information about itself as prompted by the subscription registration processes (such information being the “Account Information”). The User further agrees that, in providing such Account Information, the User will not knowingly omit or misrepresent any material facts or information and that the User will promptly enter corrected or updated Account Information, or otherwise advise us promptly in writing of any such changes or updates. The User further consents and authorizes Graphic Ghost to verify the Account Information as required for the use of and access to the Website.
The email address of the User will be the username in connection with the account. The User will be asked to create a password in order to purchase product. The User agrees that the User will not allow another person to use the username and password to access and use the Website under any circumstances. The User is solely and entirely responsible for maintaining the confidentiality of the password and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. Graphic Ghost is not liable for any harm caused by or related to the theft of the User’s password, the User disclosure of the User’s password, or your authorization to allow another person to access and use the Website using the User’s username and password. Furthermore, the User is solely and entirely responsible for any and all activities that occur under the User’s account, including, but not limited to, any charges incurred relating to the Website. The User agrees to immediately notify Graphic Ghost of any unauthorized use of the User’s member account or any other breach of security known to the User. The User acknowledge that the complete privacy of the User’s data transmitted while using the Website cannot be guaranteed.
The Term of your subscription will begin when the User initiate payment for the subscription. During the Term, the User will be afforded the full use and benefit of the Membership as described on the Website, which benefits may be revised by Graphic Ghost from time to time without advance notice. Please direct any questions about the Membership to: firstname.lastname@example.org.
The User agrees that (1) any termination or cancellation of the access to or use of, this Website may be effected without prior notice, and (2) if the User do not abide by the provisions of this Subscription Agreement, the User agrees that the Graphic Ghost may immediately deactivate or delete the User’s account and all related information and files in the account. Further, the User agrees that Graphic Ghost shall not be liable to the User or any third-party for any termination or cancellation of the access to, or use of, this Website.
The User acknowledges that the User’s only right with respect to any dissatisfaction with either (1) any modification or discontinuation made by Graphic Ghost pursuant to this Subscription Agreement and the User’s Contract; or (2) policies or practices used by Graphic Ghost in providing this Website, including any change in content, is to cancel or terminate the subscription in accordance with the terms set out in this Subscription Agreement.
Prices are as advertised on this Website. Prices may change from time to time.
Either the User or Graphic Ghost may terminate or cancel the Subscription Agreement at any time. The User understands and agrees that (subject to any of your statutory rights) the cancellation or termination of the Subscription Agreement is the User’s sole right and remedy with respect to any dispute with Graphic Ghost including, without limitation, any dispute related to, or arising out of:
– Any terms and conditions of this Contract or the Graphic Ghost’s enforcement or application of this Subscription Agreement;
– The content available through this Website or any change in content provided through this Website;
– The User’s ability to access and/or use the Website; or
– The amount or types of the Graphic Ghost’s charges, surcharges, applicable taxes, or billing methods, or any change to the Graphic Ghost’s fees or charges, applicable taxes, or billing methods.
Upon cancellation or termination of the User’s subscription, Graphic Ghost may immediately deactivate the User’s account and all related information and/or files in the account and/or bar any further access to such information and/or files and this Website.
The User can cancel the subscription to this Website by notice in writing by email to the addresses provided or by the website contact form. The User’s cancellation or termination will take effect within 72 hours after the receipt of the User’s cancellation notice. Graphic Ghost will attempt to process all cancellation requests within 72 hours after Graphic Ghost receives the request. If the User cancels near the end of the billing period and is inadvertently charged for the next period’s fee, contact the Graphic Ghost to have the charges reversed. If the User uses this Website during that next period, the User will not be entitled to a refund. Graphic Ghost reserves the right to collect or retain fees, surcharges, or costs (including the User’s monthly or annual membership fee) incurred before the cancellation takes effect.
The User agrees that (subject to any of the User’s statutory rights) all charges assessed by Graphic Ghost, including the monthly or annual membership fee, are non-refundable.
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.
5.1 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.
All Content the User submits to Graphic Ghost via the Submit page can be offered by Graphic Ghost as Third Party Content including the download files. The user grants graphic ghost the unrestricted rights to publish this content and to make the files available on the website for other users to download. The User 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.
5.2 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.
5.3 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.
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.
7. 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.
8. 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.
9. 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.
10. General and contact information
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