If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access our services through your account to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.
Violation of any of the terms below, in Graffletopia’s sole discretion, will result in the termination of your Account. While Graffletopia prohibits certain conduct and content on the Service, you understand and agree that Graffletopia cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials.
You agree to use the Service at your own risk.
- You must be 13 years or older to use the Service.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your valid email address and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. Graffletopia cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
- You may not copy, translate, modify, or create a derivative work (including a competing library of downloadable stencils) of the Service, or publicly display any content or any part thereof except as explicitly permitted under these Terms.
- You may not use the Service in a manner that gives you or any other person access to mass downloads or bulk feeds of any content, including but not limited to stencils. Stencils may only be downloaded one at a time for personal use. You may not download stencils sequentially or in batch form for any commercial purpose without the expression permission of Graffletopia.
- You may not pre-fetch, cache, or store any content available through the Service.
- Graffletopia reserves the right at any time and for any reason, or for no reason whatsoever, and in its sole discretion, to modify or discontinue, temporarily or permanently, your access to the Service (or any part thereof) with or without notice.
- You expressly understand and agree that Graffletopia shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Graffletopia has been advised of the possibility of such damages), resulting, directly or indirectly, from your use of the Service or third-party products that access data via the Service.
Cancellation and Termination
- Graffletopia, in its sole discretion, has the right to suspend or terminate your account and without notice refuse any and all current or future use of the Service, or any other Graffletopia service, for any reason at any time and without prior notice. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. By using the Service, you hereby agree that such a suspension or termination will not give rise to a cause of action at law or equity. Graffletopia reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service
- Graffletopia reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Graffletopia shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. You retain all rights to the stencils you upload. However, by uploading your stencils, you agree to allow others to use your Content.
- You may contact Graffletopia at any time and instruct us to remove any content that you posted. We agree to comply with any such requests within ninety six (96) hours of receipt of the request, barring any unforeseen technical impediments. We may retain your User content for a commercially reasonable period of time for backup, archival, or audit purposes.
- By uploading a Stencil or any other content to the Service, you are warranting that you are the rightful owner of any copyright, trademark, patent, or any other intellectual property rights embodied in the Stencil or other content. Under no circumstances may you upload any Stencils or other content for which you do not enjoy clear and unambiguous intellectual property rights or that violates any law or infringes the rights of any third party.
- If you are concerned that someone may be using your trademark or other intellectual property in an infringing way on our site you can let us know by contacting us at . We will review your submission and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the trademark from the Graffletopia site.
- Graffletopia and its designee has the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Service.
- You shall defend Graffletopia against any claim, demand, suit or proceeding made or brought against Graffletopia by a third party alleging that your content, or your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Graffletopia for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Graffletopia in connection with any such claim, demand, suit or proceeding; provided, that Graffletopia (a) promptly gives you written notice of the claim, demand, suit or proceeding; (b) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Graffletopia of all liability); and (c) provides to you all reasonable assistance, at your expense.
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- You understand that Graffletopia uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Graffletopia, or any other Graffletopia service.
- You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Graffletopia.
- Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any Graffletopia customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including content posted by you, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMS, or "spam" messages through the Service.
- You must not transmit any worms or viruses or any code of a destructive nature.
- Graffletopia does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Graffletopia shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Graffletopia has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
- GRAFFLETOPIA, INC PROVIDES THE SERVICE “AS IS” AND DOES NOT WARRANT ITS EFFECTIVENESS, USEFULNESS OR RELIABILITY. GRAFFLETOPIA, INC PROVIDES NO WARRANTIES REGARDING THE SERVICE OR THE CONTENT FOUND THEREIN, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. GRAFFLETOPIA, INC DOES NOT WARRANT THAT THE SERVICE WILL PERFORM UNINTERRUPTED OR ERROR FREE.
- This agreement shall be governed by the laws of the State of California, as applied to agreements entered into and to be performed entirely within the State of California without regard to the principles of conflict of laws or the United Nations Convention on Contracts for the International Sale of Goods. Unless otherwise elected by Graffletopia in writing for a particular instance (which Graffletopia may do at its sole option), the sole jurisdiction and venue for actions related to the subject matter hereof shall be the state and U.S. federal courts having within their jurisdiction the location of Graffletopia principal place of business, San Diego County, California. You hereby consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by California or U.S. federal law. In any action or proceeding to enforce rights under this agreement, the prevailing party shall be entitled to recover costs and attorneys’ fees.