Thanks for visiting GraphicModa.com. This page sets out the terms and conditions on which we provide our users (“you”) with access to our website (which we’ll refer to as our “Site”).
1. How The Terms Work
In addition, there are a few sets of terms and conditions which may apply to you depending on whether you’re just browsing our Site or whether you have registered an account with us as a creative buyer or creative designer. Our terms and conditions include the following:
- The Licence Terms: these might need some explanation. Here at GraphicModa.com we provide a platform or marketplace to unite creative buyers and creative designers. However, the contract for the licence of those designs is between the creative buyer and the creative designer, without us being party to that contract. To facilitate the process we have a standard set of terms which will apply to the contract between the creative buyer and the creative designer, and these are the Licence Terms.
For ease of reference, we’ll call all of the terms which apply to you collectively as the “Terms”. By using our Site you are agreeing to the Terms.
2. Who We Are
We are GraphicModa Limited, a company registered in the United Kingdom under registration number 10632757 with its registered offices at 10 The Triangle, Ng2 Business Park, Nottingham, Nottinghamshire, England NG2 1AE. In all of our Terms “we” and “us” means GraphicModa Limited.
If you wish to contact us, you can email us using the contact form or button on our website.
If you are using our Site as a creative buyer, then the identity and contact details of any creative designer with whom you are contracting will be made available to you before or when you conclude your purchase with that creative designer.
3. Our Services
Our obligations. We will provide the functions and services of our Site to you in accordance with the relevant Terms. Some of these functions and services will only be available to users (whether creative buyers or creative designers) who have registered with us.
- you confirm that you are authorised to contract with us on the relevant Terms, and to conduct any activities which you may conduct through your account. This means in particular that if you are an individual you are over eighteen years old or supervised by a parent or guardian and that if you are opening an account on behalf of a company or other business you are authorised by that business to act on its behalf;
- you may only use our Site for lawful purposes. You may not use it in any way that breaches any local or international law, for the purposes of fraud, or to transmit unsolicited advertising or spam;
- any information you submit at any time (whether registering for an account with us, uploading designs or otherwise) must be true and not misleading;
- you must not misuse our Site by introducing viruses or other malicious code to it or to our systems, nor try to gain unauthorised access to it or them, to any related systems or servers or to any related source code. You must not attack our Site through DDOS or otherwise. As you probably know, breaching this provision would be a criminal act, which may oblige us to report you to law enforcement and provide them with such information as we may have about you; and
- you must keep your account and password login details secure, and not allow anyone else to use your account. If any activity takes place on your account then you are responsible for it. You must let us know immediately if you discover or suspect that someone else has accessed your account.
We will use any personal data which you provide to us in accordance with our Privacy Notice.
Termination by you. You may terminate the contract between you and us in relation to your use of the Site, and close your account, by written notice to us at any time. We’ll miss you! If you are a creative designer, you should note that termination of your contract with us will not affect any perpetual licence that you have granted to a creative buyer on the Licence Terms or to use under the Creative Designer Term of Use.
Termination by us. If you are in breach of the Terms, we may take any of the following actions:
- issuing you with a written warning specifying the breach and requiring its remedy;
- suspension or permanent withdrawal of your account and your use of our Site, and/or termination of any contract between you and us on the Terms;
- taking legal action against you; or
- disclosing your personal information to law enforcement authorities.
We also reserve the right to terminate any contract between you and us in relation to your use of the Site, and suspend or terminate your account, by written notice to you at any time. We will try to give you reasonable notice, and to exercise this right only in circumstances where termination is appropriate (for instance because we are unable to continue to provide our Site or because you have violated the Terms). However, nothing in our relationship with you guarantees your continued use of our Site.
Effect of Termination. Termination of the contract between you and us will not affect any rights or remedies of the parties in existence at the time of termination. For instance, if at the time of termination one of us owes the other any sums, then they will still be owed. Any of the Terms which expressly or impliedly survive termination (such as perpetual licences) will continue in force.
5. Intellectual Property Rights
Rights in our content. The intellectual property rights in all of the content on and in our Site belong either to us or to whomever licensed that content to us. You agree that you won’t copy or make any use of it without having first obtained our permission or permission from whomever owns the relevant intellectual property rights. Uses which are expressly permitted by law (for instance, if you print off a copy of one of our listings for your personal reference) are OK.
You may also take excerpts from articles or posts on our Site to create your own content referring to our Site, provided that you do not repost the entire article or post and provided that you include a link to the original article or post.
Otherwise, if you would like to make any use of any of our content (maybe you would like to spread the good word) then please contact us and we can discuss this with you.
6. Our Liability to You
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 (so, for instance, if a design turns out to be infringing then that is a matter between the creative buyer and the creative designer rather than us). This Section explains the ways in which our liability to you is limited and excluded.
- Where We Don’t Limit or Exclude Our Liability – We do not limit or exclude our liability for anything for which we cannot lawfully limit or exclude our liability. For example, we do not limit our liability for death or personal injury caused by our negligence, or for fraud. This statement takes priority over the rest of this Section and the rest of the Terms.
- We’re at the Mercy of the Internet, OK? – You understand that there is some inherent instability in communications networks and that we may need to take down or maintain the Site from time to time. For that reason, you accept that access to our Site is permitted on a temporary basis and we will not be liable if it is unavailable for any reason. At the same time, our Site is provided “as is” and without any warranty. For example, while we do our best to correct defects and while we use commercially-available virus-checking software, we do not warrant that our Site will be uninterrupted, free from errors, or free from viruses or malicious code.
- Third Parties – We are not responsible or liable for the actions of third parties or your interactions with them. Third parties may include, for example, other users of our Site (whether creative buyers or creative designers), or social media service providers, or the developers of any device or software which you use to access our Site.
- No Indirect or Consequential Loss – We expressly exclude any liability for any indirect or consequential loss, damage, costs or expenses incurred or suffered by you in connection with your use of our Site. We are not liable for losses, damages, costs and expenses that are not foreseeable to both you and us at the time you open your account with us or which are not caused by our breach.
- No Liability for Certain Kinds of Loss – We expressly exclude any liability for any loss, damage, costs or expenses incurred or suffered by you (in each case whether direct or indirect) if that liability comes within one of the following categories: loss of business, loss of revenue, loss of contract, loss of data, loss of reputation, or loss of profit. In short, we are not liable for business losses.
- Cap On Liability – Our total aggregate liability to you in connection with your use of our Site will be limited in all circumstances (whether arising in negligence, including tort, breach of contract or otherwise) to a maximum sum. If the liability arises in relation to a specific transaction, then our liability will not exceed to the amount of our commission derived from that transaction. Otherwise our liability will not exceed the revenue derived by us from your use of our Site during the six (6) months prior to the event giving rise to our liability. For example, if you are a creative designer, then our total aggregate liability to you will not exceed any commission retained by us during the relevant six-month period.
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. “Indemnifying us” means you will indemnify us and hold us harmless against all costs, expenses, losses, damages or liabilities suffered or incurred by us as a result of or in connection with that third-party claim, including (without limitation) any legal and professional fees. You also agree to provide us with all reasonable assistance and information we may request from you in order to enable us to defend and settle the claim and mitigate our (and your) liability.
8. Disputes and Governing Law
The Terms and any contract between you and us on the Terms, are governed by the law of England and Wales.
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 we are unable to resolve the dispute by discussion, then the courts of England and Wales will have exclusion jurisdiction over any claim relating to your use of our Site or any connected contract. However, if you are not resident in England or Wales then we reserve the right to bring proceedings against you in any court in your country of residence.
If any dispute arises between a creative designer and a creative buyer, then that is a matter for them rather than us. We strongly encourage you to resolve those disputes by discussion (and we will support the resolution of any disputes as best we can), but ultimately the conduct and forum of any dispute will be governed by the Licence Terms.
Linking to our Site. You can link to our Site (hey, tell all your friends!) provided that you do so in a way that is fair and legal. You can’t link to our Site in order to damage or take advantage of our reputation or to suggest any false form of association, endorsement or relationship between you and us. You may not “hotlink” to our Site or to any content on it, nor embed or frame any part of our Site or any such content on any other site. If we ask you to stop linking to our Site then you must do so immediately.
Third party links. 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. In particular, where our Site integrates any third-party social media functions, then your use of those functions is governed by the applicable terms of the relevant social media provider (like Facebook or Instagram).
11. General Legal Stuff
Entire Agreement. Any contract between you and us constitutes the entire agreement between the parties in relation to its subject matter. Each party acknowledges that in entering into the contract it does not rely on any representation or warranty not set out in these Terms.
Variation. We may vary any of the Terms from time to time and will notify you of material changes.
Assignment. We may transfer our rights and obligations under our contract with you to another organisation. We will always tell you in writing if this happens. You may only transfer your rights or your obligations under your contract with us to another person if we agree to this in writing.
Severance. Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them (or any part-provision) are unlawful, the remaining provisions (or part-provisions) will remain in full force and effect.
No Waivers. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Third Party Rights. Except as expressly provided, a person who is not a party to any contract under these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of them.
12. Contact Us
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 button on our Site.