Terms and Conditions

Agreement to Terms Last updated June 02, 2023

Welcome to Graphicamarket, a website that connects creative sellers and buyers around the world. Graphicamarket is owned and operated by Graphicamarket.com, a company registered in USA. By using Graphicamarket, you agree to be bound by these Terms and Conditions, as well as our Privacy Policy and Cookie Policy, which are incorporated by reference. If you do not agree to these Terms and Conditions, please do not use Graphicamarket.

Definitions

In these Terms and Conditions, the following terms have the following meanings:

  • “Graphicamarket”, “we”, “us”, or “our” means Graphicamarket.com and its affiliates, subsidiaries, directors, officers, employees, agents, and representatives.
  • “Website” means the website located at www.Graphicamarket.com, and any related websites, applications, or services that we own or operate.
  • “User”, “you”, or “your” means any person who accesses or uses the Website, either as a guest or as a registered member.
  • “Seller” means a User who offers, sells, or delivers goods or services through the Website.
  • “Buyer” means a User who purchases, receives, or uses goods or services through the Website.
  • “Content” means any text, images, videos, audio, data, or other materials that are uploaded, posted, transmitted, or displayed on the Website by us or by Users.
  • “Order” means a request, offer, or agreement to purchase, receive, or use goods or services through the Website.
  • “Transaction” means a completed Order that results in the payment, delivery, or use of goods or services through the Website.

Eligibility and Registration

To use Graphicamarket, you must be at least 18 years old, or the age of majority in your jurisdiction, whichever is higher. You must also have the legal capacity and authority to enter into a binding contract with us and with other Users. If you are using Graphicamarket on behalf of a business or organization, you must have the authorization and permission to do so.

To access and use some features and functions of the Website, you may need to register and create an account with us. To register and create an account, you must provide us with accurate, complete, and current information, such as your name, email address, password, and other details. You must also update your information as necessary to keep it accurate, complete, and current. You are responsible for maintaining the security and confidentiality of your account and password, and for any activities or actions that occur under your account. You must notify us immediately if you suspect or discover any unauthorized access or use of your account or password.

You may not use Graphicamarket for any illegal, fraudulent, or unauthorized purposes, or in any way that violates these Terms and Conditions, or any applicable laws, rules, or regulations. You may not use Graphicamarket in any way that infringes or violates the rights or interests of us or of any other Users or third parties, such as their intellectual property, privacy, or publicity rights. You may not use Graphicamarket in any way that interferes with or disrupts the operation or performance of the Website, or the availability or quality of the goods or services offered or delivered through the Website. You may not use Graphicamarket in any way that introduces or transmits any viruses, malware, or other harmful or malicious code or content to the Website or to any other Users or third parties.

We reserve the right to suspend, terminate, or restrict your access or use of the Website, or any part of it, at any time, without notice or liability, for any reason or no reason, at our sole discretion. We also reserve the right to modify, update, or discontinue the Website, or any part of it, at any time, without notice or liability, for any reason or no reason, at our sole discretion.

Sellers and Buyers

Graphicamarket is a platform that enables Sellers and Buyers to connect and interact with each other, and to offer, sell, purchase, receive, or use goods or services through the Website. Graphicamarket is not a party to any Order, Transaction, or contract between Sellers and Buyers, and does not have any control or influence over the quality, safety, legality, or accuracy of the goods or services offered or delivered through the Website, or the ability or willingness of the Sellers or Buyers to fulfill their obligations or expectations. Graphicamarket is not responsible or liable for any loss, damage, or dispute that may arise or result from any Order, Transaction, or contract between Sellers and Buyers, or from any Content posted or displayed by Sellers or Buyers on the Website.

If you are a Seller, you agree to the following:

  • You are solely responsible for creating, posting, updating, and maintaining your Content on the Website, such as your profile, listings, prices, descriptions, images, videos, reviews, ratings, or feedback. You must ensure that your Content is accurate, complete, current, and compliant with these Terms and Conditions, and with any applicable laws, rules, or regulations. You must also ensure that your Content does not infringe or violate the rights or interests of us or of any other Users or third parties, such as their intellectual property, privacy, or publicity rights.
  • You are solely responsible for offering, selling, and delivering your goods or services to the Buyers through the Website, in accordance with the terms and conditions of your Order, Transaction, or contract with the Buyers, and with these Terms and Conditions, and with any applicable laws, rules, or regulations. You must ensure that your goods or services are of satisfactory quality, fit for purpose, and as described or depicted on the Website. You must also ensure that your goods or services do not cause any harm or damage to the Buyers or to any other Users or third parties, or to the Website or to us.
  • You are solely responsible for collecting, reporting, and remitting any taxes, fees, or charges that may apply to your Order, Transaction, or contract with the Buyers, or to your goods or services, or to your use of the Website, in accordance with these Terms and Conditions, and with any applicable laws, rules, or regulations. You must also comply with any customs, import, export, or other regulations that may apply to your Order, Transaction, or contract with the Buyers, or to your goods or services, or to your use of the Website, in accordance with these Terms and Conditions, and with any applicable laws, rules, or regulations.
  • You grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform your Content on the Website, or on any other media or platforms that we own or operate, for the purposes of providing, promoting, and improving the Website, or for any other purposes that we deem appropriate, at our sole discretion.

If you are a Buyer, you agree to the following:

  • You are solely responsible for reviewing, evaluating, and selecting the goods or services that you wish to purchase, receive, or use through the Website, based on the Content posted or displayed by the Sellers on the Website, such as their profile, listings, prices, descriptions, images, videos, reviews, ratings, or feedback. You must ensure that the goods or services that you wish to purchase, receive, or use through the Website are suitable and acceptable for your needs and expectations, and that you have the legal right and authority to do so.
  • You are solely responsible for purchasing, receiving, and using the goods or services that you order through the Website, in accordance with the terms and conditions of your Order, Transaction, or contract with the Sellers, and with these Terms and Conditions, and with any applicable laws, rules, or regulations. You must ensure that you pay the full and correct amount for the goods or services that you order through the Website, using the payment methods and options that are available and authorized on the Website. You must also ensure that you provide the accurate and complete information and instructions for the delivery or use of the goods or services that you order through the Website, such as your name, address, phone number, email, or other details.
  • You are solely responsible for paying any taxes, fees, or charges that may apply to your Order, Transaction, or contract with the Sellers, or to the goods or services that you purchase, receive, or use through the Website, in accordance with these Terms and Conditions, and with any applicable laws, rules, or regulations. You must also comply with any customs, import, export, or other regulations that may apply to your Order, Transaction, or contract with the Sellers, or to the goods or services that you purchase, receive, or use through the Website, in accordance with these Terms and Conditions, and with any applicable laws, rules, or regulations.
  • You grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform your Content on the Website, or on any other media or platforms that we own or operate, for the purposes of providing, promoting, and improving the Website, or for any other purposes that we deem appropriate, at our sole discretion.

Fees and Payments

Graphicamarket charges fees for the use of the Website, or for the provision of certain features or functions of the Website, such as listing fees, transaction fees, subscription fees, or service fees. Graphicamarket may also charge fees for the use of certain payment methods or options that are available and authorized on the Website, such as credit card fees, PayPal fees, or bank transfer fees. Graphicamarket may also charge fees for the use of certain third-party services or platforms that are integrated or connected with the Website, such as shipping services, tax services, or verification services.

Graphicamarket reserves the right to modify, update, or change the fees and the fees and payments for the Website, or for any part of it, at any time, without notice or liability, for any reason or no reason, at our sole discretion. Graphicamarket may also offer discounts, promotions, or incentives for the use of the Website, or for any part of it, at any time, without notice or liability, for any reason or no reason, at our sole discretion.

Graphicamarket uses various payment methods and options that are available and authorized on the Website, such as credit cards, PayPal, bank transfers, or other methods or options, to process and facilitate the fees and payments for the use of the Website, or for the provision of certain features or functions of the Website, or for the completion of the Orders or Transactions between the Sellers and Buyers. Graphicamarket may also use various third-party services or platforms that are integrated or connected with the Website, such as Stripe, Braintree, or other services or platforms, to process and facilitate the fees and payments for the use of the Website, or for the provision of certain features or functions of the Website, or for the completion of the Orders or Transactions between the Sellers and Buyers.

Graphicamarket is not responsible or liable for any loss, damage, or dispute that may arise or result from the use of any payment methods or options, or from the use of any third-party services or platforms, that are available and authorized on the Website, or that are integrated or connected with the Website, for the processing and facilitation of the fees and payments for the use of the Website, or for the provision of certain features or functions of the Website, or for the completion of the Orders or Transactions between the Sellers and Buyers. Graphicamarket is not responsible or liable for any fees, charges, or taxes that may apply to the use of any payment methods or options, or to the use of any third-party services or platforms, that are available and authorized on the Website, or that are integrated or connected with the Website, for the processing and facilitation of the fees and payments for the use of the Website, or for the provision of certain features or functions of the Website, or for the completion of the Orders or Transactions between the Sellers and Buyers.

You are solely responsible for choosing and using the payment methods and options that are available and authorized on the Website, or the third-party services or platforms that are integrated or connected with the Website, for the processing and facilitation of the fees and payments for the use of the Website, or for the provision of certain features or functions of the Website, or for the completion of the Orders or Transactions between the Sellers and Buyers, in accordance with these Terms and Conditions, and with any applicable laws, rules, or regulations. You are also solely responsible for paying any fees, charges, or taxes that may apply to the use of any payment methods or options, or to the use of any third-party services or platforms, that are available and authorized on the Website, or that are integrated or connected with the Website, for the processing and facilitation of the fees and payments for the use of the Website, or for the provision of certain features or functions of the Website, or for the completion of the Orders or Transactions between the Sellers and Buyers, in accordance with these Terms and Conditions, and with any applicable laws, rules, or regulations.

Refunds and Cancellations

Graphicamarket does not offer or provide any refunds or cancellations for the fees and payments for the use of the Website, or for the provision of certain features or functions of the Website, unless otherwise stated or agreed by us, at our sole discretion. Graphicamarket does not offer or provide any refunds or cancellations for the fees and payments for the completion of the Orders or Transactions between the Sellers and Buyers, unless otherwise stated or agreed by the Sellers and Buyers, in accordance with the terms and conditions of their Order, Transaction, or contract, and with these Terms and Conditions, and with any applicable laws, rules, or regulations.

Graphicamarket is not responsible or liable for any loss, damage, or dispute that may arise or result from any refunds or cancellations for the fees and payments for the use of the Website, or for the provision of certain features or functions of the Website, or for the completion of the Orders or Transactions between the Sellers and Buyers, unless otherwise stated or agreed by us, or by the Sellers and Buyers, in accordance with the terms and conditions of their Order, Transaction, or contract, and with these Terms and Conditions, and with any applicable laws, rules, or regulations.

You are solely responsible for requesting or providing any refunds or cancellations for the fees and payments for the completion of the Orders or Transactions between the Sellers and Buyers, in accordance with the terms and conditions of your Order, Transaction, or contract, and with these Terms and Conditions, and with any applicable laws, rules, or regulations. You are also solely responsible for paying any fees, charges, or taxes that may apply to any refunds or cancellations for the fees and payments for the completion of the Orders or Transactions between the Sellers and Buyers, in accordance with the terms and conditions of your Order, Transaction, or contract, and with these Terms and Conditions, and with any applicable laws, rules, or regulations.

Intellectual Property Rights

Graphicamarket and its licensors own and retain all rights, title, and interest in and to the Website, and all the Content, features, and functions that are provided or displayed on the Website by us, such as the name, logo, trademark, design, layout, code, or other materials, except for the Content that is provided or displayed on the Website by the Users, such as their profile, listings, prices, descriptions, images, videos, reviews, ratings, or feedback. Graphicamarket and its licensors grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website, and the Content, features, and functions that are provided or displayed on the Website by us, for your personal and non-commercial use only, in accordance with these Terms and Conditions, and with any applicable laws, rules, or regulations.

You and your licensors own and retain all rights, title, and interest in and to the Content that you provide or display on the Website, such as your profile, listings, prices, descriptions, images, videos, reviews, ratings, or feedback. You and your licensors grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform your Content on the Website, or on any other media or platforms that we own or operate, for the purposes of providing, promoting, and improving the Website, or for any other purposes that we deem appropriate, at our sole discretion.

You may not use, copy, modify, distribute, display, or perform the Website, or any part of it, or any Content, features, or functions that are provided or displayed on the Website by us or by other Users, without the prior written consent of us or of the respective owners, except as expressly permitted by these Terms and Conditions, or by any applicable laws, rules, or regulations. You may not use, copy, modify, distribute, display, or perform the name, logo, trademark, design, layout, code, or other materials of Graphicamarket or of any other Users, without the prior written consent of us or of the respective owners, except as expressly permitted by these Terms and Conditions, or by any applicable laws, rules, or regulations. You may not use any bots, spiders, crawlers, scrapers, or other automated means or methods to access or use the Website, or any part of it, or any Content, features, or functions that are provided or displayed on the Website by us or by other Users, without the prior written consent of us, except as expressly permitted by these Terms and Conditions, or by any applicable laws, rules, or regulations.

Disclaimer of Warranties

Graphicamarket provides the Website, and all the Content, features, and functions that are provided or displayed on the Website by us or by other Users, on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy. Graphicamarket does not warrant that the Website, or any part of it, or any Content, features, or functions that are provided or displayed on the Website by us or by other Users, will be uninterrupted, error-free, secure, or reliable, or that they will meet your expectations or requirements, or that they will be free of viruses, malware, or other harmful or malicious code or content. Graphicamarket does not warrant that any errors, defects, or issues on the Website, or any part of it, or any Content, features, or functions that are provided or displayed on the Website by us or by other Users, will be corrected, resolved, or removed. Graphicamarket does not warrant that any goods or services that are offered, sold, or delivered through the Website by the Sellers or the Buyers, or any Orders or Transactions that are completed through the Website by the Sellers or the Buyers, will be satisfactory, accurate, complete, current, legal, safe, or reliable, or that they will meet your expectations or requirements, or that they will be free of harm, damage, or dispute.

Limitation of Liability

Graphicamarket is not liable for any loss, damage, or dispute that may arise or result from the use of the Website, or any part of it, or any Content, features, or functions that are provided or displayed on the Website by us or by other Users, or from the inability to use the Website, or any part of it, or any Content, features, or functions that are provided or displayed on the Website by us or by other Users, or from the termination or suspension of the access or use of the Website, or any part of it, or any Content, features, or functions that are provided or displayed on the Website by us or by other Users, for any reason or no reason, at our sole discretion. Graphicamarket is not liable for any loss, damage, or dispute that may arise or result from the use of any goods or services that are offered, sold, or delivered through the Website by the Sellers or the Buyers, or from the inability to use any goods or services that are offered, sold, or delivered through the Website by the Sellers or the Buyers, or from the termination or suspension of the offer, sale, or delivery of any goods or services through the Website by the Sellers or the Buyers, for any reason or no reason, at their sole discretion. Graphicamarket is not liable for any loss, damage, or dispute that may arise or result from any Order, Transaction, or contract that is completed through the Website by the Sellers or the Buyers, or from the inability to complete any Order, Transaction, or contract through the Website by the Sellers or the Buyers, or from the termination or cancellation of any Order, Transaction, or contract through the Website by the Sellers or the Buyers, for any reason or no reason, at their sole discretion.

To the maximum extent permitted by law, Graphicamarket’s total liability for any claim or action arising or resulting from the use of the Website, or any part of it, or any Content, features, or functions that are provided or displayed on the Website by us or by other Users, or from the use of any goods or services that are offered, sold, or delivered through the Website by the Sellers or the Buyers, or from any Order, Transaction, or contract that is completed through the Website by the Sellers or the Buyers, whether based on contract, tort, negligence, or any other legal theory, is limited to the amount of fees that you have paid to us for the use of the Website, or for the provision of certain features or functions of the Website, in the 12 months preceding the claim or action, or $100, whichever is lower.

Indemnification

You agree to indemnify, defend, and hold harmless Graphicamarket and its affiliates, subsidiaries, directors, officers, employees, agents, and representatives, from and against any and all claims, actions, demands, damages, losses, liabilities, costs, and expenses, including, but not limited to, reasonable attorney’s fees, arising or resulting from your use of the Website, or any part of it, or any Content, features, or functions that are provided or displayed on the Website by you or by other Users, or from your use of any goods or services that are offered, sold, or delivered through the Website by you or by other Users, or from any Order, Transaction, or contract that is completed through the Website by you or by other Users, or from your violation of these Terms and Conditions, or any applicable laws, rules, or regulations, or from your infringement or violation of the rights or interests of us or of any other Users or third parties, such as their intellectual property, privacy, or publicity rights.

Dispute Resolution

If you have any dispute, claim, or controversy with us or with any other Users, arising or resulting from your use of the Website, or any part of it, or any Content, features, or functions that are provided or displayed on the Website by us or by other Users, or from your use of any goods or services that are offered, sold, or delivered through the Website by you or by other Users, or from any Order, Transaction, or contract that is completed through the Website by you or by other Users, or from these Terms and Conditions, or any applicable laws, rules, or regulations, you agree to first contact us and try to resolve the dispute, claim, or controversy amicably and informally, by sending an email to contact@Graphicamarket.com, with a brief description of the dispute, claim, or controversy, and your contact information. We will try to respond and resolve the dispute, claim, or controversy within 30 days of receiving your email.

If we are not able to resolve the dispute, claim, or controversy amicably and informally, you agree to submit the dispute, claim, or controversy to binding arbitration, administered by the American Arbitration Association, under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes, by a single arbitrator, appointed by the American Arbitration Association, in accordance with its rules and procedures. The arbitration will take place in NY, USA, and the language of the arbitration will be English. The arbitrator’s decision will be final and binding, and may be enforced in any court of competent jurisdiction. You agree to waive your right to a jury trial, or to participate in a class action, or to join or consolidate your dispute, claim, or controversy with any other dispute, claim, or controversy of any other User or third party. You agree that any arbitration proceeding will be confidential, and that neither you nor we will disclose any information or evidence related to the arbitration, except as required by law or by the arbitrator.

You agree that any dispute, claim, or controversy that is not subject to arbitration, or that is not resolved by arbitration, will be subject to the exclusive jurisdiction and venue of the state and federal courts located in NY, USA, and you agree to submit to the personal and exclusive jurisdiction and venue of these courts, and to waive any objection or defense to the jurisdiction or venue of these courts.

Governing Law

These Terms and Conditions, and any dispute, claim, or controversy arising or resulting from your use of the Website, or any part of it, or any Content, features, or functions that are provided or displayed on the Website by us or by other Users, or from your use of any goods or services that are offered, sold, or delivered through the Website by you or by other Users, or from any Order, Transaction, or contract that is completed through the Website by you or by other Users, or from these Terms and Conditions, or any applicable laws, rules, or regulations, will be governed by and construed in accordance with the laws of US, without regard to its conflict of law principles.

Changes to These Terms and Conditions

We reserve the right to modify, update, or change these Terms and Conditions, or any part of them, at any time, without notice or liability, for any reason or no reason, at our sole discretion. We will post the modified, updated, or changed Terms and Conditions on the Website, and indicate the date of the last modification, update, or change. We may also notify you of the modified, updated, or changed Terms and Conditions by email, or by any other means that we deem appropriate, at our sole discretion. Your continued use of the Website, or any part of it, or any Content, features, or functions that are provided or displayed on the Website by us or by other Users, or your continued use of any goods or services that are offered, sold, or delivered through the Website by you or by other Users, or your continued participation in any Order, Transaction, or contract that is completed through the Website by you or by other Users, after the posting or notification of the modified, updated, or changed Terms and Conditions, constitutes your acceptance and agreement to the modified, updated, or changed Terms and Conditions. If you do not agree to the modified, updated, or changed Terms and Conditions, please stop using the Website, and cancel your account with us.

Contact Us

If you have any questions, comments, or feedback about these Terms and Conditions, or about the Website, or about any goods or services that are offered, sold, or delivered through the Website by us or by other Users, or about any Order, Transaction, or contract that is completed through the Website by you or by other Users, please contact us by email at contacts@Graphicamarket.com, or by mail at Graphicamarket.com, 3423 Cantebury Drive,  Long Island City, New York 11101 USA. We will try to respond and resolve your questions, comments, or feedback within 30 days of receiving them.