Terms of Use

1. Hi, we’re Grafiqes and welcome! We’re happy to have you here and we hope you enjoy your stay. When we say ‘we’, ‘us’ or ‘Studio’ it’s because that’s who we are and we own and run the Grafiqes site.


2. Grafiqes’s ecosystem of digital marketplaces helps millions of people around the world get creative and earn online. When you create an account and accept these terms you become a member of our community. You will have a Grafiqes account that will allow you to buy and sell items like the ones found on the Grafiqes site and make other related transactions. 


3. The Grafiqes site are platforms that allow members to buy and sell licenses to use digital items like website themes, production music, motion graphics project files, software code, vectors, images and much, much more. On Grafiqes, buyers and authors (sellers) transact with each other directly and we provide the platform to allow the transactions to happen. If you have a Grafiqes account, any transactions are logged on your member’s statement, which records the payments made by you to authors via Grafiqes (as a buyer) and by buyers via Grafiqes to you (as an author). 


4. The items on Grafiqes are owned by the authors, not by us. The items on Grafiqes are uploaded at the direction of the author. We provide the platform services; we do not take ownership of the items.


5.During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms then we’ll be sad, but you will need to leave because your presence on and use of the Grafiqes site is conditional on your acceptance to be bound by these terms, the 
Privacy Policy and the Acceptable Use Policy whether you become a member or not.


Grafiqes Website

6. You can also access LiteBulb Website via the Grafiqes site. The products offered on Grafiqes Website (which include hosted theme and hosted starter site subscriptions) are offered by Grafiqes Hosted and Grafiqes Site and are subject to separate terms and conditions. To avoid any doubt, the Grafiqes terms do not apply to the products offered via Grafiqes.


How browsing and membership works

7. Browsing: You need to be 13 years or over to browse the Grafiqes site. We don’t knowingly collect any information from anyone aged 13 or under. When browsing the site you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our Grafiqes site whether or not you’re a member.


Membership

8. Age: You need to be 18 years or over to become a member or to buy items. If you’re under 18 you will need to get a parent or guardian to buy items or use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.


9. Studio Account: Membership is free. When you become a member you get an Grafiqes account that is accessible from any of our Grafiqes site (and is also your Litebulb account for other Grafiqes services). Your membership will allow you to ‘buy’ (license) items from authors, participate in our online forums, and generally contribute to our ecosystem of Grafiqes site that help people get creative. Membership also gives you the opportunity to become an author (see 
section 32 – Becoming an Author) or earn referral income (see section 12 – Referrals).


10. Your responsibility: You promise that information you give us is true, accurate and complete and, if you sign up for a Grafiqes account, that you will keep your account information up-to-date (including a current email address). Your membership is not transferable, that means you cannot sell your account. You are responsible for any use of the Grafiqes site including any activity that occurs in conjunction with your username and password, if you have a Grafiqes account, so keep your password secure and don’t let any other person use your username or password. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately. You must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons.

It is important that you understand your responsibilities as a member of our community so please take the time to review this section and the Grafiqes Terms carefully.


11. Referrals: As a part of our Affiliate Program, if you refer a new member to any of our Grafiqes site you may be eligible to receive affiliate income. You can find out more about the Affiliate Program and the terms applying to referrals 
here.


How buying items works

This section will help you understand what you are buying when you purchase an item and how that transaction takes place on Grafiqes.

12. What you're buying:

a.    License: When you buy an item, you acquire the right to use that item; you're not actually acquiring the item itself. What you get includes a license directly from the author to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on Grafiqes. This license also applies to you if you download an item that someone else has bought for you (because anyone downloading an item needs to be a Grafiqes member). Different license types are available for you to choose when you have selected an item. You’ll need to think about the way you want to use the item so that you can pick the right license to allow that use. It’s your responsibility to choose the correct license.

b.    Item support: Authors can choose whether or not to support certain items. If an author chooses to support an item, this will be identified on the item page.  All supported items include a support period. You can buy support extensions on these items. Your right to access Item Support requires a Grafiqes account. 

To learn more about item support, like what items are covered, what authors provide, the support period and support extension options, see the item support policy.

c.    Buyer Services: In addition to the use of the platform, when you ‘buy’ an item you also receive buyer services from Litebulb like 24/7 buyer support, fraud protection, item quality control and other related buyer services.


12. The total price for an item on Grafiqes is made up of:

a.    Item price: The item price is made up of a license fee (for the license you choose for the item), and if relevant the item support fee (for supported items).

b.    Buyer fee: This is the fee for the buyer services you get from Studio.

c.    Handling fee: In some transactions on Grafiqes the total price may include a handling fee. See section 19 for the details about the handling fee.

d.    Taxes: Some transactions on Grafiqes may be subject to tax that may be added to the price. See section 24 for details about taxes on Grafiqes.


The list price is made up of the item price and buyer fee, and is the price you see on an item page.

 

Transacting as a buyer:

14. If you have a Grafiqes account, you can make payments in one of two ways: you can ‘Buy Now’ or you can buy Studio Credits via your Grafiqes account. 

15. Studio Credits: When you place money into your Grafiqes account it is converted by your financial institution from your currency to US Dollars. We then convert those US Dollars to Studio credits. One (1) Studio Credit is equal to one (1) US Dollar.


16. Studio Credits can only be used to pay for Grafiqes transactions. We do not refund any monies placed into your Grafiqes account to buy Studio Credits (but you may have rights under an applicable consumer law, which we don’t exclude).

17. If you choose to buy using Studio Credits, the total price will be deducted from your Studio Credits. If you haven’t used your Studio Credits within 12 months they may expire. See section 25 for details about the expiry of Studio Credits.


18. Instead of using Studio Credits, you can choose to Buy Now and you will be redirected to a payment method provider. You may be required to pay a handling fee charged over the item price.


19. Currency conversion costs: You are responsible for all costs of currency conversion relating to a transaction on Grafiqes. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).

This means that you may incur additional costs when purchasing from Grafiqes, which we have no control over.


20. Terms of buying: When you buy a Grafiqes item you’re doing so on the following terms:

a.    you warrant to us and the author that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;

b.    you cannot cancel a completed purchase of an item;

c.    we and the authors do not promise that any particular item will continue to be available on Grafiqes so you should download and save the item as soon as you buy it;

d.    once you buy or download an item and the item has been paid for, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item);

e.    the author retains ownership of the item;

f.     your relevant details may be provided to the author of the item in order to facilitate the transaction, for example for invoicing and item support services;

g.    transaction limits may apply to Studio Credits (such as total or daily limits); and

h.    We have the right to enforce against you the terms of the license that you have acquired from an author.

It is important that you understand the terms on which you are making a purchase. Please take the time to review this section carefully. See our Help Center article for information about account limits.

21. Warranties we make:

a.    We warrant that the Grafiqes site will be suitable for the purposes described on the site, and that we will provide our platform services with reasonable skill and care.

b.    We otherwise do not make any express or implied warranties about the Grafiqes site (or any items on the Grafiqes site).

22. Warranties authors make: The author of an item you buy warrants to you that:

a.    the item is of acceptable quality and fit for the purpose for which it is 'sold';

b.    the item matches the description given by the author on the item preview page, as well as any item preview;

c.    they will honor any express warranties given to you that are not contained in these terms;

d.    they have the rights necessary to license that item on the terms of applicable license;

e.    your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;

f.     the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;

g.    the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);

h.    the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.

i.      if the item is marked as 'supported', they will provide you with the services as outlined in the item support policy.

This is what authors are promising you when you buy an item.

23. Taxes:

a.    Indian GST and European VAT. Prices and fees for supplies made to you (whether by Grafiqes or authors) in connection with these terms exclude Indian GST and European VAT unless stated otherwise on our site. If a supply is made to you under or in connection with these terms on which Indian GST or European VAT is imposed, any applicable fee that is charged for that supply is increased by, and you must also pay, an amount equal to the GST or VAT payable (by Studio or the author) on that supply.

For more information on Indian GST and European VAT as they apply to buyers, see EU VAT Information for Buyers and IN GST Information for Buyers.

b.    Other taxes. Prices, fees and charges are otherwise inclusive of other applicable taxes unless stated otherwise on our site. You are responsible for paying all such taxes and imposts associated with your use of Grafiqes wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).


24. Studio Credits expire: Studio Credits expire if not used within 12 months from the date of purchase, and will be forfeited on the 12 month anniversary of the purchase date. If you place money to your Grafiqes account at any time during that 12 month period before your Studio Credits expire, the total balance of your Studio Credits (that is, both the new money placed in your account to purchase credits and the balance of any unused older Studio Credits) will become available for a further 12 months from the date of the new purchase of credits. If you don’t use your Studio Credits within that further 12 months, the credits will be forfeited on the 12 month anniversary of the new purchase of credits. We generally try to tell you beforehand when Studio Credits are going to expire and be forfeited, but this is not always possible and don’t promise to warn you. Check your member’s statement regularly for details of expiry dates. If you have different rights under an applicable consumer law, we don’t exclude them.

If you haven’t used your Studio Credits within 12 months they may expire.

25. Items with an incorrect price or incorrect information: Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item unless you re-purchase it at the correct price.


Refunds

26. Given the nature of digital content, a refund or credit on a purchase is not granted unless one of the warranties given by the author in section 23 has been breached, or a refund is required under the Grafiqes Refund Rules or Indian consumer law or other relevant consumer protection laws. If you would like to request a refund see this Help Centre article.


27. We will assess refund or credit requests (if you have a Grafiqes account) on their merits, considering the digital nature of Grafiqes items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund or credit in situations like the following:

a.    you have changed your mind about an item;

b.    you bought an item by mistake;

c.    you do not have sufficient expertise to use the item;

d.    you ask for goodwill; or

e.    You can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).

28. If the author or we decide to issue a refund or credit (if you have a Grafiqes account), this will generally be done using the same manner used to make the purchase. So if the item was purchased using Studio Credits, you will be given credit in Studio Credits; if the item was purchased using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you (not Studio Credits) will be made in US Dollars, under the rules of the payment method (see section 20 - Currency conversion costs about currency conversion back to your local currency).

It is important that you understand how refunds work on Grafiqes.

29. Disputes lodged with payment agents: If, as a buyer via your Grafiqes account, you lodge a dispute with a payment agent, this will result in a freezing of your Grafiqes account until the dispute raised with the payment agent has been closed. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your Grafiqes account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.


30. Fine print: We are not a bank or licensed deposit taker in India or elsewhere, your credits are not deposits under India law about banks, and that means you don’t get the benefit of any deposit insurance or guarantee under those laws. We don’t act as a fiduciary or as a trustee for you, and we’re not a licensed financial service provider.


Becoming an author

31. If you want to get involved in our community as an author find out how here. Remember that if you become an author these terms will continue to apply, along with the Author Terms you’ll sign up to as an author.

To find out more about how to become an author visit the ‘Become an Author’ guide here.


Intellectual Property

32. What we own: We own all the Studio content that we have put on Grafiqes (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Grafiqes site, and copyright, trademarks, designs and other intellectual property on Grafiqes. We own all the trademarks, logos, service marks and trade names on Grafiqes (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Studio Content or use any of our intellectual property in any way not expressly stated in these terms.


33. What we don’t own: We do not own the items on Grafiqes; our authors do. Items are uploaded at the direction of the author. So we cannot take responsibility for the quality, safety or legality of the items. We do not warrant that the items or any member content, code, data or materials available on or via the Grafiqes do not infringe the intellectual property rights of a third party. (Each author provides promises to you directly when you purchase their item – see 
section 23 - Warranties authors make.)


34. Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that authors do the same. If you believe that an item or member content infringes an intellectual property right (including copyright) please see the information in our 
Intellectual Property Policy

Our Intellectual Property Policy is where you will find all the information relating to how we treat intellectual property on Grafiqes including copyright and other rights.

35. Model and property releases: Items are available for commercial use (unless stated otherwise by the Author on an item page). Authors are responsible for obtaining and keeping a model or property release if one is needed; please ask the author directly if you need a copy of a release.


Our use of your information

36. Privacy: We respect your privacy. When you become a member or buy items on Grafiqes as a Guest you will be asked to provide some information about yourself. This information may be used by us and contractors in connection with providing the Grafiqes site and their services, including marketing activities.

Our Privacy Policy explains how we deal with your information and it forms part of these terms.

37. Confidential Information: We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of the Grafiqes will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using the Grafiqes, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the Grafiqes to any other person.


Playing fair

38. Prohibited Conduct: We strongly recommend that you don’t make your contact details public on the Grafiqes or in any public communications via the Grafiqes site. Contact details include your email address, street address, Skype name and phone number (but not social network handles). If you do, it must not be for any reason prohibited under the Acceptable Use Policy and you do so at your risk!


39. Content removal: We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice or General IPR Notice, if we think that the content is unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the Grafiqes and any content might result in liability to us or anyone else. See our 
Acceptable Use Policy for further details.


40. Community participation: We take great pride in our global and thriving community—it’s part of what makes the Grafiqes great. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say. Before participating on Grafiqes, please read the 
Community Guidelines, as you agree to follow them as part of these terms.


Linking; apps made by others

41. Linking to the Grafiqes: We’d be delighted if you decide to link to Grafiqes from other site but you have to link to a full version of a page and not link directly to an image or file hosted on Grafiqes. That includes no "in-line" linking methods resulting in images hosted on Grafiqes being displayed on other site. You must not "frame" any Grafiqes pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the Grafiqes be discontinued, and to revoke your ability to link to the Grafiqes.


42. Links from the Grafiqes: The Grafiqes site may contain links to other non-Grafiqes site. We have no control or responsibility over anything on that site, and do not endorse or sponsor that site, even if they are affiliated to us.

 

43. Third party developers: We welcome the contribution of our members and broader community, who offer applications that work with Grafiqes. You will need to form your own view about these applications and their developers; we’re not able to warrant or endorse those applications and disclaim liability relating to these applications.


Legal Housekeeping

44. Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for community members who follow our terms and policies and treat other community members well. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of Grafiqes complies with these terms and our policies. We can suspend or terminate your Grafiqes account at any time for any reason (acting reasonably of course), including if you:

a.    breach these terms or any terms applicable to any of your other LiteBulb accounts;

b.    breach any of our policies (or policies of any other Litebulb Company);

c.    act in a way that does not align with the values of our community; or

d.    Act in a way that could cause us or members harm.

If we do decide to permanently terminate your Grafiqes account you must not apply for a new account as unfortunately you will no longer be welcome in our community. This decision may also apply to all of your Studio accounts you use on other Grafiqes site.

45. LiteBulb Companies: If an indemnity, limitation or disclaimer of liability, warranty or release (a 'benefit') is given in our favour in these terms, the Author Terms or Affiliate Terms, we hold that benefit on trust for the other Grafiqes Companies. We may enforce that benefit as trustee for and on behalf of the other Grafiqes Companies as beneficiaries under that trust.


46. We may use the services of another LiteBulb Company to conduct payment or other activities with you, like collecting payments and paying author earnings. If you make a Buy Now payment, we receive your payment as a limited agent for the author and your obligation to pay the author is met when we (or another Grafiqes  Company) receive the payment successfully.