(Last Revised: March 2021)
- YOUR ACCEPTANCE
This Site provides information about GraphicsFlow and our products and services, and/or the means to use our Services. If you are dissatisfied with the Site, your sole and exclusive remedy is to discontinue use of the Site.
These Terms apply to (i) those users who browse any of our Sites (“Browsing Users”), (ii) print shops or other creators of customized goods whom have purchased the right to use our software and services (“Site Users”), (iii) organizations, other groups or any individual that use our Site. Unless expressly provided herein, these Terms apply to all Users. In addition to these Terms, the terms of the Shop User Agreement apply to all Site Users.
GraphicsFlow is a provider of Software and Services. Any products you purchase through any Site will be made pursuant and subject to one or more agreements with a Shop User and/or Organizational User.
We reserve the right to revise these Terms or change or remove features of the Site at any time. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee or increase an existing fee for any of our features at any time. If you do not approve of any such changes, you can stop using the Site at any time. We will notify you of any material change to these Terms as required by law, and by updating the “Last Revised” date at the top of this page. Your continued use of the Site means that you accept and agree to be bound by the revised Terms.
Additional or different terms, conditions, or notices may apply to services offered through the Site or to specific materials, information, products, or software available through the Site. In general, additional terms will supplement these Terms. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms.
- GRANT OF RIGHTS
GraphicsFlow hereby grants you a limited, non-exclusive and revocable license to use the Site as set forth in these Terms (the “License”), provided that (a) you will not copy or distribute any part of any Site in any medium without GraphicsFlow’s prior written consent; (b) you will not alter or modify any part of any Site except and permitted by and only as may be reasonably necessary to use the Site for its intended purpose; and (c) you will otherwise comply with all of the provisions of these Terms. GraphicsFlow reserves all rights not expressly granted by these Terms.
You may be required to create an account and specify a password in order to use certain services or features on the Site, including but not limited to purchasing a license to use our software as a Shop User. To create an account, you must be at least 18 years old and you must provide truthful, accurate and complete information about yourself. You must only create an account for yourself and not for any other individual. If your information changes at any time, please update your account with the different or additional information. If we suspect that your account information may be untrue, incomplete or inaccurate, or that you have otherwise violated these Terms, your account may be subject to suspension or termination, and you may be barred from using any or all Sites.
You may not share your account with anyone else. Please keep your password confidential, secure and unique (not used on other websites). If you believe your account has been compromised at any time, please notify GraphicsFlow immediately.
You are solely responsible for the activity that occurs on your account, including the activities of others and regardless of whether such activities are authorized.
- PERMITTED USE; RESTRICTIONS ON USE
You agree to use the Site only for lawful purposes. The Site is made available for your personal, non-commercial use, except as otherwise expressly authorized by GraphicsFlow in writing. You agree to abide by any posted limitations relating to use, reproduction, or dissemination of the Site. Any use of the Site in any way not expressly permitted by these Terms or otherwise in a writing signed by GraphicsFlow is prohibited, and may be actionable under the law.
The Site is controlled within the United States of America. Those who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. GraphicsFlow does not represent that the use of the Site is appropriate outside the United States of America. GraphicsFlow reserves the right to limit the availability of the Site for any person, geographic area, or jurisdiction at any time, in its sole discretion. See also Section 9 of these Terms regarding Users located in and/or personal data originating in the European Union.
In consideration of your use of the Site, you represent that you are of an age to form a legal binding contract and you are not prohibited from receiving the Services under the laws of the United States or any other applicable jurisdiction. The Site is directed to persons 18 years of age or older. GraphicsFlow and the Site do not knowingly collect information from children under age 18. If you are under age 13, you are not permitted to use the Site or to submit any personal information to the Site. If you provide information to GraphicsFlow through the Site, you represent and warrant that you are 18 years of age or older. If you are between 13 and 17 years of age, you may visit, browse, and use the information on the Site, but you may not submit any personal information to the Site, and you represent and warrant to GraphicsFlow that you have the permission of your parent or guardian to use the Site and that your parent or guardian agrees to these Terms on your behalf.
You agree not to do any of the following: (1) upload to or transmit on the Site any defamatory, indecent, obscene, harassing, violent, or otherwise objectionable material, or any material that is, or may be, protected by copyright, without appropriate permission from the copyright owner; (2) use the Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept any electronic message not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Site any advertisements or solicitations of business; (6) restrict or inhibit use of the Site by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including email addresses and other personal information) without their consent; (9) download a file or software or include in a message any software, files, or links that you know, or have reason to believe, cannot be distributed legally over the Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Site); (10) post “spam”, transmit chain letters, or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone’s use of the Site, or which, as determined by GraphicsFlow, may harm GraphicsFlow, Users or expose them to liability.
Any content, artwork, images, other material and/or opinions uploaded, expressed, or submitted to any publicly available section of the Site (including password-protected areas), and all articles and responses to questions in such publicly available sections of the Site (collectively, “Content”), other than the content provided by GraphicsFlow, are solely the Content, opinions, and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of GraphicsFlow. You understand and acknowledge that you are responsible for whatever Content you submit, and you, not GraphicsFlow, have full responsibility for such Content, including its legality, reliability, and appropriateness.
By uploading or otherwise transmitting Content to GraphicsFlow in any manner, including posting to a publicly available area of the GraphicsFlow Site, you warrant the Content either (i) is your own; (ii) is in the public domain, (iii) you have the right to use such Content; or (iv) the Content is otherwise free of proprietary or other intellectual property restrictions of any kind; and that you have the right to submit it or post it to the GraphicsFlow Site and grant GraphicsFlow the rights set forth herein.
You understand that any postings, or Content submitted for posting, to publicly available portions of the GraphicsFlow Site are non-confidential for all purposes. Except as otherwise specified by GraphicsFlow at the time of submission, you grant to GraphicsFlow, as well as GraphicsFlow’s agents, licensees, and assigns an irrevocable, perpetual, transferable, royalty-free, sublicensable, non-exclusive right, license and permission to use, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, and/or display all Content submitted to GraphicsFlow in any manner GraphicsFlow chooses, in any format whatsoever, including incorporating it into other material or making a derivative work based on it. You further agree that GraphicsFlow may sell such Content for the benefit of Site Users, make modifications to such Content, and Site Users may legally make and sell merchandise containing your Content without making payment to you or any other party or obtaining permission from you or any other party. You also grant us the right to display your Content as an example on our own Website. Without those rights, we couldn’t offer our Services. Please be advised that the license and rights hereby granted to GraphicsFlow continues even if you stop using our Site.
You agree to indemnify, release and hold GraphicsFlow harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post (collectively, “Content Claims”). In addition, Site Users agree to indemnify, release and hold GraphicsFlow harmless from any Content Claims arising from the actions of Organizational Users that use a Shop Site or the Services generally.
GraphicsFlow reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Site that GraphicsFlow, in its sole discretion, deems inconsistent with the foregoing commitments, including any material GraphicsFlow has been notified, or has reason to believe, constitutes a copyright or trademark infringement; and (2) terminate any User’s access to all or part of the Site. However, GraphicsFlow can neither review all material before it is posted on the Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, GraphicsFlow assumes no liability for any action or inaction regarding transmissions, communications, or content provided by third parties. GraphicsFlow reserves the right to take any action it deems necessary to protect the personal safety of Users of this Site and the public; however, GraphicsFlow has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
We are not responsible for, and do not endorse, Content posted by any other Person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by a third party.
Your failure to comply with the provisions above may result in the termination of your access to the GraphicsFlow Site and may expose you to civil and/or criminal liability.
- INTELLECTUAL PROPERTY
At GraphicsFlow, we respect the intellectual property rights of others and we expect our Users to do the same. If you believe any Content infringes upon your copyrights, please follow the steps outlined in GraphicsFlow’s DMCA Policy.
- COPYRIGHT RESTRICTIONS; USE OF CONTENT
The entire contents of the Site (including all Content) and the design, selection, and arrangement thereof, are proprietary to GraphicsFlow or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets, and other proprietary rights. You are authorized only to use the content on the GraphicsFlow Site for personal use or legitimate business purposes. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit, or distribute any of the material on this site, except as necessary to view the Site or with the prior written consent of GraphicsFlow. GraphicsFlow reserves all right, title, and interest in and to any of its information, material, Content, Software, or Services on this Site. Except as expressly authorized by GraphicsFlow in writing, you may not reproduce, sell, or exploit for any commercial purposes (a) any part of this Site, (b) access to this Site, or (c) use of this Site or of any Services, Software, or Content available through this Site.
INKSOFT® is a registered trademark of GraphicsFlow. The term “GraphicsFlow”, the GraphicsFlow logo, and all related names, logos, product and service names, designs and slogans are service marks of GraphicsFlow. You may not use such marks without the prior written permission of GraphicsFlow for any purpose, including, without limitation, in any advertising or publicity, or otherwise to indicate GraphicsFlow’s sponsorship of or affiliation with any product or service. All other names, brands, and marks are used for identification purposes only and may be the service marks, trademarks, or registered trademarks of their respective owners.
- ONLINE TRANSACTIONS/STRIPE
Any transaction engaged in by any User through the Site is governed by these Terms and the specific terms and conditions for such transaction, as specified by GraphicsFlow.
We may add or change processors at any time. Currently, GraphicsFlow uses Stripe as its third-party payment processor. Your use of the payment services provided by Stripe are subject to the Stripe Checkout User Terms of Service (“Stripe Terms”), which can be found here: https://stripe.com/us/checkout/legal. You understand that all monetary transactions made through your use of the Service are subject to any fees Stripe may charge.
- UNITED STATES BASED CUSTOMERS
The Site is intended for the User’s located in the United States. You represent and warrant that you are not located in the European Union, will not cause GraphicsFlow to process personal data or monitor behavior which originates in the European Union, and will not otherwise subject GraphicsFlow to regulation under the General Data Protection Regulation of the European Union (“GDPR”).
- LINKS TO OTHER SITES; DEALINGS WITH THIRD PARTIES
Links to third-party web sites are provided solely for your convenience. GraphicsFlow is not responsible for; does not control; does not endorse the content, products, services, or practices of; and does not make any representations regarding the quality, content, or accuracy of any third-party web sites. Your use of third party web sites is at your own risk and subject to the terms and conditions of use and privacy policies for such websites.
If you choose to correspond, participate in a promotion, or engage in transactions with any other organization or business found on or through this Site, including, without limitation, any of our partners and/or affiliates, or any Shop User or Organizational User, you acknowledge and agree that GraphicsFlow is not a party to, and will not be responsible for, your interaction with such organization or business, including its treatment of your information and the terms and conditions applicable to any transaction between you and such third party. The terms of your interaction with any third party are solely between you and such third party. You agree that GraphicsFlow will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such organizations or businesses on this Site.
- LIABILITY OF GRAPHICSFLOW AND ITS TRUSTEES
GraphicsFlow and its officers, directors, employees, and agents do not assume any liability for Content on or available through the Site. Reliance on the Content is solely at your own risk. GraphicsFlow and its officers, directors, employees, and agents disclaim any liability for injury or damages resulting from the use of any Content.
THE SITE, CONTENT, SERVICES, AND PRODUCTS PROVIDED ON OR AVAILABLE THROUGH THIS SITE OR OTHERWISE THROUGH GRAPHICSFLOW OR ANY SHOP USER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER GRAPHICSFLOW NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY PERSON ASSOCIATED WITH GRAPHICSFLOW OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, CONTENT, OR SERVICES. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER GRAPHICSFLOW, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY PERSON ASSOCIATED WITH GRAPHICSFLOW OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WARRANTS OR REPRESENTS THAT THE SITE, CONTENT, OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITE, CONTENT OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. GRAPHICSFLOW DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
IN PARTICULAR AND WITHOUT LIMITING THE FOREGOING OR THE FOLLOWING, GRAPHICSFLOW DOES NOT REPRESENT OR WARRANT THAT ANY COLORS, FONTS, OR OTHER DEPICTION OR IMAGE ON ANY SITE OR ANY INPUT WILL BE IDENTICAL OR SIMILAR TO END PRODUCTS/OUTPUTS CREATED BY ANY SHOP USER. USERS ARE HEREBY CAUTIONED THAT THE APPEARANCE OF PRODUCTS ON THE SITES MAY DIFFER, SOMETIMES SIGNIFICANTLY, FROM ACTUAL PRODUCTS PRODUCED AND/OR RECEIVED.
GRAPHICSFLOW MAKES NO REPRESENTATIONS OF WARRANTY AS TO THE PRODUCTS OF ANY SHOP USERS, OR THAT SHOP USERS WILL BE ABLE TO CREATE OR PRINT ANY PARTICULAR CONTENT UPLOADED ONTO ANY SITE.
IN NO EVENT WILL GRAPHICSFLOW OR ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OR ANY PERSON ASSOCIATED THEREWITH, BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, CONTENT, SERVICES OR ANY LINKED SITE, INCLUDING ANY:
- CONSEQUENTIAL, OR
- PUNITIVE DAMAGES,
INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM ANY PERSONAL INJURY, LOST PROFITS, OR DAMAGES RESULTING FROM:
- COMPUTER FAILURE,
- INTERRUPTION IN SERVICE,
- LOSS OF DATA,
- DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE, CONTENT, OR SERVICES,
- DAMAGE FROM ANY SECURITY BREACH OR ANY OTHER SECURITY INTRUSION OF ANY OF GRAPHICSFLOW, THIRD-PARTY VENDOR SUCH AS STRIPE, OR ANY USER;
- ACTS OR OMISSIONS OF ANY THIRD PARTY (INCLUDING ANY THIRD PARTY VENDOR SUCH AS STRIPE OR OTHER USER); OR
- VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY (INCLUDING ANY OTHER USER).
WHETHER OR NOT, IN ANY CASE, THERE IS NEGLIGENCE BY GRAPHICSFLOW OR ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND WHETHER OR NOT GRAPHICSFLOW OR ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
IN NO EVENT WILL GRAPHICSFLOW’S TOTAL LIABILITY UNDER THESE TERMS AND ANY SHOP USER AGREEMENT, IF APPLICABLE, EXCEED $100.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. If, for this reason, any of the above disclaimers or limitations of liability do not apply to you, the scope and duration or any such warranty and the extent of GraphicsFlow’s liability to you shall be the minimum permitted under applicable law.
In addition to the indemnification provisions provided for in Section 4 regarding Content Claims, you agree to indemnify, defend, and hold harmless GraphicsFlow and its officers, directors, employees, agents, affiliates, licensors, subsidiaries, service providers, and other acting in concert with it from and against any and all claims, losses, liabilities, expenses, damages, and costs, including, but not limited to, reasonable attorneys’ fees, fines, penalties, or taxes arising from your (or anyone using your account, computer, or software) (i) use of the Site, Content, Services, Software, or any products, services, or information obtained from this Site, (ii) violation of these Terms, including without limitation any claims or fines resulting from your unauthorized subjection of GraphicsFlow to the GDPR; (iii) other violation of the intellectual property rights of GraphicsFlow or any third party; (iv) any violation of the Stripe Terms or other liability incurred by us as a result of your use of the services provided by Stripe or other third party vendor used as part of
- PRIVACY; PROTECTION OF PERSONAL INFORMATION
Please contact email@example.com if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND GRAPHICSFLOW HAVE AGAINST EACH OTHER ARE RESOLVED.
Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SITE OR SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES FOR DISPUTES WITH ALL USERS OTHER THAN SHOP USERS, AND UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF COMMERCIAL DISPUTES WITH RESPECT TO DISPUTES WITH SHOP USERS, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
Governing Law and Jurisdiction. These Terms and the relationship between you and GraphicsFlow shall be governed by the laws of the State of Arizona as they are applied to agreements made, entered into, and intended to be performed entirely in Arizona by Arizona residents, regardless of any conflict of law rules. Without waiving the foregoing arbitration clause, you agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Maricopa County, Arizona, except where the jurisdiction and venue are mandated by applicable law.
Severability. If any provision or provisions of these Terms shall be held to be invalid, illegal or unenforceable for any reason whatsoever: (a) the validity, legality, and enforceability of the remaining provisions of these Terms (including, without limitation, each portion of any section, paragraph or sentence of these Terms containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall not in any way be affected or impaired thereby and shall remain enforceable to the fullest extent permitted by law; (b) such provision or provisions shall be deemed reformed to the extent necessary to conform to applicable law and to give the maximum effect to the intent of GraphicsFlow and you; and (c) to the fullest extent possible, the provisions of these Terms (including, without limitation, each portion of any section, paragraph or sentence of these Terms containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall be construed so as to give effect to the intent manifested thereby.
The invalidity of a provision, section, paragraph or sentence of these Terms in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by GraphicsFlow without restriction. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.