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Terms of Service

Ephrazy Graphics - Terms of Service

Agreement to Our Legal Terms

We, Ephrazy Graphics ("Company," "we," "us," "our"), operate the website https://ephrazygraphics.com, along with any other associated products and services referenced or linked to by these legal terms (collectively, the "Services").

You can contact us by email at [email protected].

These legal terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Ephrazy Graphics, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these legal terms.

If you do not agree with all of these legal terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.

Supplemental Terms

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these legal terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these legal terms, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these legal terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised legal terms by your continued use of the Services after the date such revised legal terms are posted.

Age Restriction

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

Table of Contents

1. Our Services

Our Services are not intended for distribution or use in any jurisdiction or country where such use would be illegal or require us to register or comply with local regulations. If you access the Services from other locations, you do so at your own risk and are responsible for following local laws.

2. Intellectual Property Rights

2.1 - Our Intellectual Property

We own or have licenses for all intellectual property rights related to our Services. This includes all source code, databases, software, website designs, audio, video, text, photographs, and graphics (referred to as "Content"), as well as trademarks, service marks, and logos (referred to as "Marks"). These are protected by copyright and trademark laws in the United States and internationally.

2.2 - Your Use of Our Services

As long as you follow these Legal Terms, including the "Prohibited Activities" section, we grant you a non-exclusive, non-transferable, revocable license to:

  • Access the Services.
  • Download or print a copy of any Content you have properly accessed.

This license is for your personal, non-commercial use or internal business purposes only. You may not copy, reproduce, distribute, or use any part of the Services, Content, or Marks for commercial purposes without our written permission.

If you want to use the Services, Content, or Marks in any other way, please contact us at [email protected]. If we grant permission, you must credit us as the owners and include any copyright notices.

We reserve all rights not explicitly granted to you.

Any violation of these intellectual property rights will be considered a serious breach of our Legal Terms and will result in the immediate termination of your access to our Services.

2.3 - Your Submissions and Contributions

Please review this section and the "Prohibited Activities" section to understand the rights you grant us and your responsibilities when posting or uploading content.

Submissions: By sending us any questions, comments, suggestions, or feedback about the Services ("Submissions"), you transfer all intellectual property rights to us. This allows us to use, distribute, and make use of your Submissions without giving you credit or compensation.

Contributions: Our Services may allow you to participate in blogs, forums, and other features where you can post content ("Contributions"). This includes text, videos, audio, photos, and other materials. Public Submissions will also be treated as Contributions.

When you post Contributions, you grant us a worldwide, unrestricted, perpetual, and royalty-free license to use, copy, distribute, display, and exploit your Contributions for any purpose. This includes using your name, image, and any trademarks or logos you provide.

You are responsible for your Contributions. By posting or uploading content, you:

  • Confirm that you have read and agree with our "Prohibited Activities" and will not post illegal or harmful content.
  • Waive any moral rights to your Submissions and Contributions.
  • Warrant that your content is original or that you have the rights to it and that it is not confidential.
  • Agree to cover any losses we may incur due to your breach of these terms, third-party rights, or applicable laws.

We may remove or edit Contributions that we find harmful or that violate our Legal Terms. This may also lead to suspending or disabling your account and reporting you to authorities.

2.4 - Copyright Infringement

We respect intellectual property rights. If you believe any material on our Services infringes your copyright, please refer to the "Copyright Infringements" section for guidance. The Content and Marks are provided "AS IS" for your personal, non-commercial use only.

3. User Representations

By using the Services, you confirm and agree to the following:

  • All registration information you provide will be accurate, complete, and up-to-date.
  • You will keep your registration information accurate and update it as needed.
  • You have the legal capacity to agree to and comply with these Legal Terms.
  • You are not a minor in your jurisdiction.
  • You will not access the Services using automated means, such as bots or scripts.
  • You will not use the Services for any illegal or unauthorized activities.
  • Your use of the Services will comply with all applicable laws and regulations.

If any information you provide is false, inaccurate, outdated, or incomplete, we may suspend or terminate your account and deny any current or future access to the Services (or any part of them).

4. User Registration

To access certain features of the Services, you may need to register for an account. You agree to keep your password confidential and are responsible for all activities that occur under your account. We may remove, reclaim, or change any username you select if we find it inappropriate, offensive, or otherwise unacceptable, at our sole discretion.

5. Store Products

We strive to present the colors, features, specifications, and details of the products on our Services as accurately as possible. However, we do not guarantee that these details will be accurate, complete, reliable, up-to-date, or free of errors. Your device's display may not perfectly reflect the actual colors and details of the products.

Product availability is not guaranteed, and we may discontinue any product at any time for any reason. Prices for products are subject to change without notice.

6. Purchases and Payment

We accept the following payment methods:

  • PayPal
  • Visa
  • Mastercard

You agree to provide accurate, current, and complete information for all purchases made through the Services. You also agree to promptly update your account and payment details, such as your email address, payment method, and card expiration date, to ensure we can process your transactions and contact you as necessary. Sales tax will be added to your purchases as required. Prices are subject to change at any time, and all payments must be made in US dollars.

You agree to pay all applicable charges, including the current prices for your purchases and any shipping fees. By placing an order, you authorize us to charge your chosen payment method for these amounts. We reserve the right to correct any pricing errors or mistakes, even if payment has already been processed.

We reserve the right to refuse any order placed through the Services. We may limit or cancel quantities purchased per person, household, or order at our discretion. These restrictions may apply to orders placed using the same customer account, payment method, or billing and shipping address. We may also limit or prohibit orders that appear to be from dealers, resellers, or distributors.

7. Return Policy

Please review our Return Policy available on the Services before making any purchases.

8. Prohibited Activities

You may only use the Services for their intended purpose. The Services must not be used for any commercial activities unless explicitly approved by us. As a user, you agree not to:

  • Collect data or content from the Services to create databases or directories without our written permission.
  • Deceive, defraud, or mislead us or other users, including attempting to obtain sensitive account information like passwords.
  • Bypass, disable, or interfere with security features of the Services.
  • Harm or damage our reputation or the Services in any way.
  • Use information from the Services to harass or harm others.
  • Misuse our support services or file false abuse reports.
  • Violate any laws or regulations through your use of the Services.
  • Engage in unauthorized framing or linking to the Services.
  • Upload or transmit harmful materials like viruses or excessive spam that disrupts the Services.
  • Use automated tools or scripts for data mining or sending messages.
  • Remove copyright or proprietary notices from any Content.
  • Impersonate others or use someone else’s username.
  • Upload or transmit spyware or other tracking mechanisms.
  • Disrupt or burden the Services or their connected networks.
  • Harass or threaten our employees or agents.
  • Bypass access restrictions or security measures.
  • Copy or modify the software or code of the Services.
  • Decompile, disassemble, or reverse engineer any software related to the Services.
  • Use automated systems or unauthorized scripts to access the Services.
  • Use buying agents or automated means to make purchases.
  • Collect usernames or email addresses for unsolicited communications.
  • Use the Services for competing purposes or revenue-generating activities without permission.

9. User Generated Contributions

The Services may let you interact with others through blogs, forums, and other features where you can create, submit, or share content, including text, videos, audio, photos, and comments (collectively, "Contributions"). These Contributions may be visible to other users and on third-party websites, so treat them as non-confidential.

When you post Contributions, you confirm that:

  • Your Contributions do not infringe on anyone's intellectual property rights.
  • You own the rights to your Contributions or have permission to use them as needed.
  • You have obtained consent from any identifiable individuals in your Contributions to use their names or images.
  • Your Contributions are accurate and not misleading.
  • Your Contributions are not spam, advertising, or solicitation.
  • Your Contributions are respectful and not obscene, violent, or harmful.
  • Your Contributions do not harass, intimidate, or threaten others.
  • Your Contributions comply with all applicable laws and do not invade anyone's privacy.
  • Your Contributions do not contain offensive remarks related to race, gender, or other personal attributes.

Violating these guidelines may lead to the suspension or termination of your access to the Services.

10. Contribution License

When you post Contributions to the Services or link your account to your social media accounts, you give us a broad license to use your Contributions. This means we can:

  • Host, use, copy, reproduce, disclose, sell, publish, and distribute your Contributions in any way we choose.
  • Modify, translate, and create new works based on your Contributions.
  • Use your Contributions in any media format or channel, now or in the future.

This license includes your name, company name, and any trademarks or images you provide. You also give up any moral rights to your Contributions, meaning you can't claim authorship or object to how we use them.

You still own your Contributions and any related intellectual property rights. We are not responsible for the content you post, and you agree not to hold us liable for it.

We can:

  • Edit or remove Contributions at our discretion.
  • Move Contributions to different parts of the Services if needed.
  • Pre-screen or delete Contributions without notice.

We are not required to monitor your Contributions.

11. Review Guidelines

When posting a review on our Services, please follow these guidelines:

  • Base your review on firsthand experience with the digital design or designer.
  • Avoid using offensive or abusive language, including racism and hate speech.
  • Do not include discriminatory comments based on religion, race, gender, nationality, age, marital status, sexual orientation, or disability.
  • Refrain from mentioning illegal activities.
  • Do not post reviews if you are affiliated with competitors.
  • Avoid making legal judgments about conduct.
  • Ensure your statements are truthful and not misleading.
  • Do not organize campaigns to prompt others to post reviews.

We reserve the right to accept, reject, or remove reviews at our discretion and are not obligated to screen them. Reviews do not necessarily reflect our opinions, and we are not responsible for any claims or losses related to reviews. By posting a review, you allow us to use and distribute your review content as needed.

12. Social Media

You can link your account with third-party services (like social media accounts) by:

  • Providing your login information through our Services.
  • Allowing us access to your third-party accounts, as allowed by their terms.

You confirm that:

  • You have the right to share your login details or grant access to us.
  • You won’t breach any terms of the third-party services or incur fees by doing so.

When you link your third-party accounts:

  • We can access and store content from those accounts, including friend lists.
  • We might receive and send information to and from your third-party accounts, as noted when you link them.

Be aware that if a third-party service becomes unavailable, or we lose access, content from that service may no longer be available through our Services. You can unlink your accounts at any time.

Your relationship with third-party services is governed by their terms, not ours. We don’t review or take responsibility for content from those services. We might access your email and contacts only to help you connect with others using our Services.

To disconnect your third-party accounts, contact us or adjust your account settings. We’ll delete stored information from our servers, except for your username and profile picture.

13. Services Management

We reserve the right, but not the obligation, to:

  • Monitor the Services for violations of these Legal Terms.
  • Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting such users to law enforcement authorities.
  • Refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
  • Remove from the Services or otherwise disable all files and content that are excessive in size or burdensome to our systems, without notice or liability.
  • Manage the Services to protect our rights and property and to ensure the proper functioning of the Services.

14. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised that the Services are hosted in Serbia. If you access the Services from a region with laws or requirements governing personal data collection, use, or disclosure that differ from applicable laws in Serbia, then by using the Services, you are transferring your data to Serbia, and you expressly consent to have your data transferred to and processed in Serbia.

15. Copyright Infringements

We respect others' intellectual property. If you think something on our Services infringes your copyright, contact us via email at: [email protected].

16. Term and Termination

These Terms apply while you use our Services. We can deny or limit access to our Services, including blocking IP addresses, for any reason or no reason at all. We can also delete your account and content without notice. If your account is terminated or suspended, you can’t create a new account, even under a different name. We might take legal action if necessary.

17. Modifications and Interruptions

We can change or remove content from our Services anytime without notice. We don’t have to update the information on our Services and can modify or stop all or part of the Services at any time. We’re not responsible for any issues or inconvenience caused by downtime or changes to the Services. We don’t guarantee the Services will always be available and might perform maintenance or updates, which could cause interruptions.

18. Governing Law

These Legal Terms are governed by the laws of Serbia. Any disputes will be resolved in the courts of Serbia.

19. Dispute Resolution

19.1 - Informal Negotiations

  • If a dispute arises, the Parties agree to attempt to resolve it informally through negotiation for at least 30 days before proceeding to arbitration.

19.2 - Binding Arbitration

  • If the dispute is not resolved through informal negotiations, it will be settled by arbitration under the rules of the European Court of Arbitration in Strasbourg. The arbitration will take place in the Netherlands, conducted in English, and governed by Serbian law.

19.3 - Restrictions

  • Arbitration will be on an individual basis and cannot be combined with other proceedings or conducted as a class action.

19.4 - Exceptions

  • Certain disputes, such as those involving intellectual property rights, theft, or claims for injunctive relief, are not subject to arbitration and will be handled by the courts of Serbia.
  • If any part of this provision is found illegal or unenforceable, disputes will be decided by the courts listed above.

20. Corrections

Information on the Services may contain errors or inaccuracies. We can correct any mistakes and update information at any time without notice.

21. Disclaimer

The Services are provided "as is." Your use of the Services is at your own risk. We do not guarantee the accuracy of the Services' content and are not responsible for:

  • Errors or inaccuracies.
  • Personal injury or property damage from using the Services.
  • Unauthorized access to your information.
  • Service interruptions or bugs.
  • Any issues with third-party products or services advertised through the Services.

22. Limitations of Liability

We are not liable for any damages, including lost profits or data, resulting from your use of the Services. Our liability is limited to the amount you paid us, if any. Some laws may not allow these limitations, and you may have additional rights.

23. Indemnification

You agree to protect us and our partners from any claims or damages caused by:

  • Your Contributions.
  • Your use of the Services.
  • Any breach of these Legal Terms.
  • Violations of third-party rights, including intellectual property.
  • Harmful actions towards other users of the Services.

We may take over the defense of any claims against us, at your expense, and you agree to help us if needed. We’ll notify you if we become aware of any such claims.

24. User Data

We keep data you provide to manage the Services. While we back up data regularly, you are responsible for your own data. We are not liable for any loss or corruption of your data.

25. California Users and Residents

If you have a complaint that we haven’t resolved to your satisfaction, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

26. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or related to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms does not waive such right or provision. These Legal Terms are intended to be fully enforceable to the maximum extent allowed by law.

We may transfer any or all of our rights and obligations to others at any time. We are not responsible or liable for any loss, damage, delay, or failure to act caused by events beyond our reasonable control. If any part of these Legal Terms is found to be unlawful, void, or unenforceable, that part is considered severable and does not affect the validity and enforceability of the remaining provisions.

These Legal Terms do not create a joint venture, partnership, employment, or agency relationship between you and us. You agree that these Legal Terms will not be interpreted against us due to their drafting. You also waive any defenses you may have based on the electronic form of these Legal Terms and the lack of signatures.

27. Contact Us

For any complaints regarding the Services or to get more information about using the Services, contact us via email at: [email protected].

Last updated: 24.08.2024