Terms of Use and Sale

Last update: April 02th, 2021

1.- Ownership

This site is owned and operated by Darius Kempa (hereinafter Graphicgum), with an address at Avenida Blai Bonet, no. 8, Apt. , Calvia, CP 07180, Illes Balears, Spain. 

NIF: ESY3633122X

Email: hello@graphicgum.com

2.- Acceptance

This website and the service provided (hereinafter the Service) is subject to the following terms and conditions: these Terms of Use and Sale, our Privacy Policy, and Cookie Policy. When you use the Service, you agree to our terms and conditions and thereby agree not to use it for illegal purposes. On the other hand, we inform you that for legal reasons we archive the electronic documents in which the purchases are formalized through Paddle. 

3.- Description of the Service

3.1.- Description 

Graphicgum is a platform to discover the best graphic designs such as images, logos, photos, illustrations, and vectors, among others, that you can download for free or for a price. The language in which the contract between Graphicgum and the buyer will be concluded will be Spanish or English. 

3.2.- Service

We offer through images, photos, illustrations, vectors, among other pieces of content, that can be considered Freebies or Premium Deals, depending on the case. 

If you are purchasing a Premium Deal, the process will be as follows:

• Select the image, photo, illustration, vector, or any other element that you want to purchase.

• Fill in the information that the payment Service requests.

• Download the purchased product.

Once the purchase is made, it will be confirmed by sending an email, within a maximum period of 24 hours, to the address you have indicated. In it, you will find the product or service contracted, its amount, applicable taxes, the form of payment, and the applicable terms and conditions.

In this same email, we will send you the corresponding link so that you can download the purchased product. The download button will also appear on the website when the payment process is completed.

3.3.- Use

When you use the Service you agree to use it in accordance with current legislation and the terms and conditions of the website.

Likewise, you agree not to collect data for advertising purposes, to send advertising of any kind or communications for sale or other commercial purposes. Nor will you be able to make available to third parties, for any purpose, data collected in the Service.

In case of breaching these obligations or damaging, disabling, overloading, deteriorating, or preventing the normal use of the materials and information contained in the Service, the information systems or the documents, files, and all kinds of content stored in the Service, you may have to respond from those. 

4.- External links

The Service may send you to other websites through links, for example in the case of third-party freebies.

However, Graphicgum does not control those sites or their content, which are in fact subject to their own terms and conditions. Therefore, Graphicgum is not responsible for the quality, veracity, or accuracy of those sites.

5.- Age

Regarding the use of the Service, you declare that you are of legal age and that you have the legal capacity to be bound by this agreement, and use it in accordance with its terms and conditions, which you fully understand and recognize.

If you purchase the Service on behalf of a company, you acknowledge having authorization and adequate representation on behalf of the organization.

You declare that all the information provided by you to access the Service, before and during its use, is true, complete, and accurate.

6.- Intellectual and industrial property

The content and information of the Service (among other data, text, sound, video, vectors, image, or computer code), is the property of Graphicgum or has the corresponding authorizations for its use, being subject to the intellectual property rights agreed by law.

In addition, the modification, reproduction, duplication, copying, distribution, sale, resale, and other forms of exploitation for commercial or equivalent purposes of the Service are prohibited.  

For any other use of the content of the Service, you need our prior written consent.

6.1.- Licenses

Any free content provided by Graphicgum (“Freebies”) can only be used according to the license of the artist’s website.

The content used by Graphicgum to illustrate its different creations on each platform is simply included to facilitate its preview, without being provided to the user.

Finally, our “Premium Offers” are licensed with a worldwide territorial scope, indefinitely and on a non-exclusive basis, in addition to the following limitations regarding their use:

If you want or need to exceed the limits set out above, you can request an additional license from the Service or the possibility of extending the one already purchased. For more information, you can contact us at hello@graphicgum.com

7.- User Content

7.1.- Content 

You can contribute to the Service by sending us messages or your designs to our email address or through the contact form (hereinafter “Content”). In the case of your own designs, you have to apply for its inclusion on the platform and in any case, the content will be reviewed by our team. You will be notified via the mail you used for your design submission whether your design will be included in the Graphicgum portfolio.

We may use your Content in different ways, such as: displaying it on the website, reformatting it, translating it into other languages, editing it for clarity, correcting errors, promoting or distributing it through our newsletter or social media channels. Therefore, by submitting Content to us, you grant Graphicgum a free, non-exclusive, worldwide use license, pending removal of the content, transferable and sublicensable on that Content. This means that the content remains yours but Graphicgum, thanks to that license, can: a) use, reproduce, modify, adapt, translate, distribute and publish the Content, create derivative works from it, display it and exhibit it in everyone, by any known means, and for any legitimate purpose; and b) use the name you submit in connection with that Content.

However, Graphicgum reserves the right not to publish content or information that is false or contrary to the rights of third parties.

7.2.- Prohibited activities

In addition to what is indicated, you agree not to perform any of the following acts when using the Service:

a) Access, monitor, or copy content or information from this website through the use of robots, trackers, data scrapers, or any other automated means that allow access, tracking, indexing, retrieving, or otherwise using the website or its content for any purpose without the explicit written permission of Graphicgum;

b) Insert, reflect, or otherwise incorporate a part of this website into another without our prior written authorization;

c) Try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software program that Graphicgum uses in relation to the website, for example, its API;

d) Use the website to infringe third party rights, which includes breach of trust and infringement of copyright, trademarks, patents, trade secrets, moral rights, privacy rights, or any other intellectual property or property rights;

e) Attempt to obtain unauthorized access to the website, computer systems, or networks connected to the website through hacking, password extraction, or any other means. As well as the transmission of computer viruses, worms, defects, Trojans or other elements of a destructive nature;

f) Use any device, software, or routine that interferes with the correct operation and security measures of the website;

8.- Price and taxes

The prices of the products offered on Graphicgum are indicated in US-Dollar (USD), among others, with the corresponding taxes in force at the time of purchase being recorded on the price of the products. 

Finally, the buyer undertakes to use the website in good faith and diligently, to pay the established price and is responsible for the veracity of the data required for the transaction.

Our order process is conducted by our online reseller Paddle and during the payment process, the price will be adjusted with the buyer's corresponding national currency and taxes in force at the purchase time. For more information, please check Paddel payment information here. In this case, Paddle is the Merchant of Records for all our orders. Paddle provides all customer service inquiries and handles returns. 

9.- Payment and means 

9.1.- Payment and means

To acquire the Service, and regardless of the specific promotions that Graphicgum may carry out according to the corresponding particular conditions, you accept that it is essential to pay the price in full, in advance and in a single payment.

The payment can be made:

• By credit or debit card VISA or MasterCard, and through the Paddle payment platform, the amount being charged at the time of purchase.

In this sense, Graphicgum informs the holders of credit and debit cards that transactions in the online store are carried out on a secure page, using TSL technology to guarantee security in the transmission of data.

10.- Validity of the offers

The Service offered by Graphicgum, and its prices, will be available for purchasing while they are in the catalog displayed through this website.

In any case, Graphicgum reserves the right to make the modifications it deems appropriate to the Service, being able to update the Service depending on the market.

Furthermore, Graphicgum reserves the right to change prices without prior notice.

We inform you that despite the updates that are made to the prices of the Service, they could contain errors. We will promptly correct any errors that appear, but they will not be binding on the Service.

11.- Exclusion of guarantees and responsibility

Except in the cases expressly described in these terms and conditions and to the extent permitted by law, Graphicgum is not responsible for damages of any nature that may be due to lack of accuracy, completeness or timeliness, including errors and omissions, of the information contained in the Service. Similarly, neither of any duty or commitment to verify or monitor its contents and information.

Likewise, Graphicgum does not guarantee the availability and absolute continuity of the operation of the Service. In any case, Graphicgum will endeavor to warn in advance of any interruptions that may occur in the operation of the Service whenever possible.

Graphicgum excludes, to the fullest extent permitted by law, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Service. 

12.- Withdrawal and refunds

Given the type of Service provided by Graphicgum, the right of withdrawal will not be applicable according to article 103, section m) of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. 

In that sense, you accept that by downloading the content purchased, whether it is a free or exclusive freebie or a premium offer, you lose the right of withdrawal from the moment you download the digital content.

On the other hand, the user must pay in full and in advance any content purchased on the platform, without any refunds of any kind, either partial or total.

If you have any question, contact us at hello@graphicgum.com

13.- Modifications and nullity

We may update the terms and conditions of the Service in the future, as well as the features and functions of the Service itself. We will inform you about changes in terms and conditions by placing a notice in a prominent place on our website and/or by email.

If any clause included in these terms and conditions is declared, totally or partially, null or ineffective, it will only affect said provision or the part of it that is null or ineffective. The terms and conditions will remain in everything else, having such provision, or the part of it that is affected, not put.

14.- Security

As indicated above, the entire contracting procedure, as well as the transmission of your personal data and payment system (Paddle), is carried out on a secure page and in an encrypted form through the SSL protocol.

We guarantee the security of the Service in accordance with the present technological knowledge. However, it cannot guarantee the total future security of the Service. In any case, we are committed to correcting and implementing the appropriate corrective measures to correct a possible security breach as soon as possible.

You agree to notify Graphicgum, immediately and via email hello@graphicgum.com, of any situation that could lead to the impersonation of a user.

15. Claims and actions arising from the contract

As far as possible, this Service is governed by Spanish law.

In order to simplify the resolution of claims through civil law and reduce costs, we do not exclude the possibility of submitting to a Fair Arbitration of the Court of Arbitration of the Chambers of Commerce and Industry.

In this sense, and according to the applicable regulations, Graphicgum informs of the existence of a European online dispute resolution platform that facilitates the extrajudicial resolution of said litigation for contracts concluded equally online between consumers and Internet service providers. This platform can be accessed through the following web page: http://ec.europa.eu/odr

If purchasing on the Service is carried out by a company, in case of dispute the parties submit to the courts of Palma of Majorca and Spanish law.

16.- Language of the terms and conditions

The terms and conditions of the Service are presented in several languages ​​(Spanish and English). In case of contradiction between one and the other, the English version will prevail.

17.- Contact

If you have questions about these terms and conditions, contact us at E-mail: hello@graphicgum.com

Postal address: Avenida Blai Bonet, núm. 8, Apt. 702, Calvia, CP 07180, Illes Balears, Spain

Spanish version