“I can never understand all of that legal jargon…”
At GraphicModa.com we know that reading through Terms and Conditions (T&Cs) is not everyone’s idea of fun! We don’t want to stifle the creative process any more than we have to so with that in mind we have created a bullet point summary below for each of our terms to give you an overview. We hope that this gives some clarity on all the words and clauses that can often look so daunting!
We think our legal team has done an awesome job in providing us with terms that will help and protect both us and the users of GraphicModa.com. As they have spent so much time and effort we do recommend that you take the time to read through our full T&Cs so you fully understand how GraphicModa.com works and your responsibilities. The links at the top of this page will direct you to our full T&Cs.
Please click through the below headings to see an overview of each set of terms.
These terms apply to anyone, whether you are browsing or a registered user:
- If you are a Creative Buyer the identity and contact details of any Creative Designer will be made available to you.
- Please note that some of our Site functions may only be available if you are a registered user.
- We ask you to comply with the terms that are applicable to you either as a Creative Designer or Creative Buyer.
- You must not use GraphicModa.com for any unlawful purposes or for unsolicited advertising or spam.
- You must not attack our site or introduce viruses or malicious code. It is a criminal act to do so and could lead us to passing information on the the relevant authorities.
- All information you upload must be true and not misleading.
- You are responsible for your account. Please keep your account details and login secure and do not allow anyone to use your account.
- You can close your account at anytime… but we will miss you!
- Breaching our terms can result in account suspension or be removed from the site.
- The Intellectual Property Rights on and in our Site belong either to us or to whomever licensed that content to us.
- If you take excerpts from articles or post on the site please include a link back to the original article or post.
- Our role here at GraphicModa.com is to act as a platform or marketplace to connect Creative Designers with interested Creative Buyers. Because our role is limited, we limit and exclude our liability to an appropriate degree.
- If we are subject to any third-party claim, as a result of your breach of any of your obligations under the Terms, or as a result of your negligence, misrepresentation or other wrongful act, then you will indemnify us against that claim.
- If any dispute arises between you and us in connection with your use of our Site, then you and we will attempt to resolve that dispute through discussion, like grown-ups!
- If any dispute arises between a Creative Designer and a Creative Buyer, then that is a matter for them rather than us. However, we are here to help should this matter arise.
- You can link to our Site (hey, tell all your friends!) provided that you do so in a way that is fair and legal.
- Our Site contains links to various third party sites and resources. We have no control over these or over any service provided by those third parties. You use them at your own risk.
At GraphicModa.com we provide an environment in which you can list and sell your designs. Interested Creative Buyers can then take out a licence on the designs you have made available.
- The contract for the licence of the relevant designs is between you and the Creative Buyer.
- All Creative Designers on our Site must be pre-approved by us to ensure their work is suitable. We ask that you submit examples of your work for approval when signing up.
- Once you have been approved you may upload designs to the Site through your account to make them available for licensing by Creative Buyers.
We ask that when submitting a design you provide the following information:
- Size and file format of the design – we accept .TIF, .PDF and .PSD (depending on the licence you choose to sell your design under).
- Which licences you are willing to offer the design under. As standard we ask that you offer an “Exclusive” licence option for every design you upload.
- The pricing for each design.
- Design name, keywords and categories.
We reserve the right to accept or reject any design submission at our discretion.
Once a design has been uploaded you grant us the following royalty-free licences for as long as any design is featured on the Site:
- A licence to use and copy that design for the purposes of making it available to prospective Creative Buyers on the Site, and to make that design available to Creative Buyers to download.
- A right, acting as agent on your behalf, to conclude licences of that design with Creative Buyers on the Licence Terms
- An irrevocable, perpetual, worldwide licence to use and copy the design (or images of it) for the purposes of promoting our business and the Site.
- An irrevocable, perpetual worldwide licence to keep copies of any design files submitted to us by you for record-keeping purposes, and to make such designs available for download solely to Creative Buyers who purchased a licence of such designs from you on the Licence Terms
All designs submitted to our Site must:
- be original, not copied wholly or substantially from another of your designs and not be a colourway of another design.
- not contain any text or imagery which is defamatory, fraudulent, racist, offensive, inflammatory or pornographic.
- not contain any “live” fonts (all fonts used must be converted to outlines).
- not contain any fonts for which you have not obtained a licence permitting you to create and license the design.
- not contain any logos or imagery from any existing company, organisation or brand.
- not contain any imagery of any fictional character in whom character rights may be owned by any existing company, organisation or brand.
- not contain images of any person unless you have obtained any necessary rights to the use of their image.
- not be available for licensing from any other site.
For each design you submit you must be:
- the sole legal and beneficial owner of all intellectual property rights in the design.
- the sole legal and beneficial owner of all intellectual property rights in any work incorporated in the design (such as any photograph).
In addition please note:
- For each design you submit you are free to grant all rights under our Standard terms. The design doesn’t infringe on any intellectual property right of any third party and you will not grant a conflicting licence to any other person.
- Once a Creative Buyer places an order on a design they will agree to our Licence Terms creating a legally binding contract between you and them. You will both receive a notification email identifying you to each other.
- If a design is sold under an “Exclusive” licence it will be removed from the Site.
- You will receive payment at the end of each month less our commission of 40%.
- Our nominated payment processing service provider is PayPal.
- Once a design has been bought and downloaded we do not offer any refunds. However, if a Creative Buyer chooses not to download a design then we will let you know and will recover any money paid to you via Paypal.
- It is your responsibility to resolve any disputes between you and a Creative Buyer.
- You may remove any or all of your designs from the Site at any time.
At GraphicModa.com we provide an environment in which you can discover and license designs from independent Creative Designers.
- The contract for the licence of the relevant design(s) you buy is between you and the Creative Designer.
- To register as a user of our site you will be asked to enter your name, contact details, and organisational details. You will also be asked to set a user login and password.
- Designs are available in the file formats specified in the design listings. When we refer to “designs” in our Terms we are referring both to complete designs and also to design elements. Design elements are individual images, or collections of images, which you can use to create your own designs.
- We have three licence types which are Standard, Enhanced or Exclusive. When placing your order it is your responsibility to ensure that you have read and understood the description of the licence you have chosen.
- You will be required to accept the Licence Terms. This means that you are entering into a legally binding contract with the Creative Designer of the relevant design under which they agree to provide you with a licence to use the design and you agree to pay for the design.
- Once your payment has been received and your order confirmed, you will be able to download your purchased design via your account.
- Although designs are listed in UK pounds sterling, you may pay in any currency via our Paypal checkout.
- Please note that once a design has been downloaded it is non-refundable.
- Ownership of all intellectual property rights in the designs listed on our Site shall remain with the Creative Designer at all times.
- The permitted use of the designs is set out in the Licence Terms, and will depend on the kind of licence you have purchased.
- We endeavour to provide our service as described however some technical errors may be inevitable (for example, there may be an error in a price listing, or a design licensed on an exclusive basis may remain listed on the Site). Please notify us as soon as possible if you become aware of any error and we will do the same for you.
This Licence sets out the rights granted to creative buyers who purchase any design from our website at www.graphicmoda.com.
- GraphicModa.com act as an agent for the Creative Designer under these terms.
- The Licence is a contract between Creative Buyers and the relevant Creative Designer.
What can you do with a design:
- edit or modify as required – including recolouring , rearranging and resizing.
- apply the design to physical products for commercial resale with an unlimited print run.
- use the design for the purposes of promoting your product(s).
What you cannot do with the design:
- distributing the digital design file or granting licences under the design to others except as needed to print your products.
- using the design files as part of a package that will be distributed from another server.
- using the design in connection with any unlawful material (such as defamatory or fraudulent material or unlawful marketing communications) or any obscene, offensive, or immoral material.
Once a design has been bought the Creative Designer grants to you one of three licences (Standard, Enhanced or Exclusive) under the design (depending on which licence option you selected when making your purchase).
- Standard Licence – the Creative Designer grants to you a non-exclusive licence, including the right to modify the design (changing colours, etc.) (but because the image file is a flat .TIF editing is limited).
- Enhanced Licence – the Creative Designer grants to you a non-exclusive licence, including the right to modify the design (changing colours, etc.).
- Exclusive Licence – the Creative Designer grants to you an exclusive licence. The image file containing the design may or may not be editable depending on how the design was created. If the image is editable then your licence includes the right to modify the design. Because the licence is exclusive, the design will be permanently removed from the Site after purchase.
The Creative Designer remains the owner of all intellectual property rights of a design.
If you have selected design elements rather than a complete design then your licence is to use the design elements in isolation or in any design within the scope of the licences above.
Under the the Standard Terms a Creative Designer warrants to a Creative Buyer that:
- they are the sole legal and beneficial owner of all intellectual property rights in a design.
- they are free to grant all rights granted under this Licence.
- they will not grant any conflicting licence under the intellectual property rights in the design to any other person at any time.
- the use of a design will not infringe the intellectual property rights of any third party.
- there have been no claims, challenges, disputes or proceedings made or threatened in relation to the ownership, validity or use of any rights in the design.
- the design is an original work and has not been copied wholly or substantially.
- the content of the design is in all ways lawful.
- Both the Creative Buyer and Creative Designer acknowledge that we are not party to the Licence and shall not have any liability in relation to its subject matter and in particular any infringement caused by the use of the design.
If you have any questions, comments or requests regarding the Terms or any concerns about any material featured on our Site, please contact us at GraphicModa Limited, 10 The Triangle, Ng2 Business Park, Nottingham, Nottinghamshire, England NG2 1AE or use the Contact Us form or link on our Site.