Terms & Conditions
Last updated January 2021
These Terms and Conditions constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”) and Real
Graffix (“we,” “us” or “our”), concerning your access to and use of
the realgraffix.co.uk website as well as any other media form, media channel,
mobile website or mobile application related, linked, or otherwise connected
thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and
agree to be bound by all of these Terms and Conditions. If you do not agree
with all of these Terms and Conditions, then you are expressly prohibited from
using the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the
Site 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 Terms and Conditions at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date
of these Terms and Conditions, and you waive any right to receive specific
notice of each such change.
It is your responsibility to periodically review these Terms and
Conditions 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 Terms and Conditions by your continued use of the Site after the date
such revised Terms and Conditions are posted.
The information provided on the Site is not intended for distribution to
or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are
applicable.
The Site is intended for users who are at least 18 years old. Persons
under the age of 18 are not permitted to register for the Site.
Unless otherwise indicated, the Site is our proprietary property and all
source code, databases, functionality, software, website designs, audio, video,
text, photographs, and graphics on the Site (collectively, the “Content”) and
the trademarks, service marks, and logos contained therein (the “Marks”) are
owned or controlled by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and unfair
competition laws of the United States, foreign jurisdictions, and international
conventions.
The Content and the Marks are provided on the Site “AS IS” for your
information and personal use only. Except as expressly provided in these Terms
and Conditions, no part of the Site and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior
written permission.
Provided that you are eligible to use the Site, you are granted a
limited license to access and use the Site and to download or print a copy of
any portion of the Content to which you have properly gained access solely for your
personal, non-commercial use. We reserve all rights not expressly granted to
you in and to the Site, the Content and the Marks.
By using the Site, you represent and warrant that:
[(1) all registration information you submit will be true, accurate,
current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as necessary;]
(3) you have the legal capacity and you agree to comply with these Terms
and Conditions;
[(4) you are not under the age of 18;]
(5) not a minor in the jurisdiction in which you reside[, or if a minor,
you have received parental permission to use the Site];
(6) you will not access the Site through automated or non-human means,
whether through a bot, script, or otherwise;
(7) you will not use the Site for any illegal or unauthorized purpose;
(8) your use of the Site will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not current,
or incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your
password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site for any purpose other than that for
which we make the Site available. The Site may not be used in connection with
any commercial endeavors except those that are specifically endorsed or
approved by us.
As a user of the Site, you agree not to:
1. systematically retrieve data or other content from the Site to create or
compile, directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
2. make any unauthorized use of the Site, including collecting usernames
and/or email addresses of users by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts by automated means or
under false pretenses.
3. use a buying agent or purchasing agent to make purchases on the Site.
4. use the Site to advertise or offer to sell goods and services.
5. circumvent, disable, or otherwise interfere with security-related
features of the Site, including features that prevent or restrict the use or
copying of any Content or enforce limitations on the use of the Site and/or the
Content contained therein.
6. engage in unauthorized framing of or linking to the Site.
7. trick, defraud, or mislead us and other users, especially in any attempt
to learn sensitive account information such as user passwords;
8. make improper use of our support services or submit false reports of
abuse or misconduct.
9. engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
10. interfere with, disrupt, or create an undue burden on the Site or the
networks or services connected to the Site.
11. attempt to impersonate another user or person or use the username of
another user.
12. sell or otherwise transfer your profile.
13. use any information obtained from the Site in order to harass, abuse, or
harm another person.
14. use the Site as part of any effort to compete with us or otherwise use
the Site and/or the Content for any revenue-generating endeavor or commercial
enterprise.
15. decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the Site.
16. attempt to bypass any measures of the Site designed to prevent or
restrict access to the Site, or any portion of the Site.
17. harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Site to you.
18. delete the copyright or other proprietary rights notice from any
Content.
19. copy or adapt the Site’s software, including but not limited to Flash,
PHP, HTML, JavaScript, or other code.
20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and
spamming (continuous posting of repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the Site or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions, operation,
or maintenance of the Site.
21. upload or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange formats
(“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline
reader that accesses the Site, or using or launching any unauthorized script or
other software.
23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. use the Site in a manner inconsistent with any applicable laws or
regulations.
25. [other]
As part of the functionality of the Site, you may link your account with
online accounts you have with third-party service providers (each such account,
a “Third-Party Account”) by either: (1) providing your Third-Party Account
login information through the Site; or (2) allowing us to access your
Third-Party Account, as is permitted under the applicable terms and conditions
that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your
Third-Party Account login information to us and/or grant us access to your
Third-Party Account, without breach by you of any of the terms and conditions
that govern your use of the applicable Third-Party Account, and without
obligating us to pay any fees or making us subject to any usage limitations
imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that
(1) we may access, make available, and store (if applicable) any content that
you have provided to and stored in your Third-Party Account (the “Social
Network Content”) so that it is available on and through the Site via your
account, including without limitation any friend lists and (2) we may submit to
and receive from your Third-Party Account additional information to the extent
you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the
privacy settings that you have set in such Third-Party Accounts, personally
identifiable information that you post to your Third-Party Accounts may be
available on and through your account on the Site.
Please note that if a Third-Party Account or associated service becomes
unavailable or our access to such Third-Party Account is terminated by the
third-party service provider, then Social Network Content may no longer be
available on and through the Site. You will have the ability to disable the
connection between your account on the Site and your Third-Party Accounts at
any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose,
including but not limited to, for accuracy, legality, or non-infringement, and
we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book
associated with a Third-Party Account and your contacts list stored on your
mobile device or tablet computer solely for purposes of identifying and
informing you of those contacts who have also registered to use the Site.
You can deactivate the connection between the Site and your Third-Party
Account by contacting us using the contact information below or through your
account settings (if applicable). We will attempt to delete any information
stored on our servers that was obtained through such Third-Party Account,
except the username and profile picture that become associated with your
account.
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback, or other information regarding the Site
("Submissions") provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you
hereby warrant that any such Submissions are original with you or that you have
the right to submit such Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
THIRD-PARTY
WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other
websites ("Third-Party Websites") as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or originating
from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us, and
we are not responsible for any Third-Party Websites accessed through the Site
or any Third-Party Content posted on, available through, or installed from the
Site, including the content, accuracy, offensiveness, opinions, reliability,
privacy practices, or other policies of or contained in the Third-Party
Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any
Third-Party Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Site and access the
Third-Party Websites or to use or install any Third-Party Content, you do so at
your own risk, and you should be aware these Terms and Conditions no longer
govern.
You should review the applicable terms and policies, including privacy
and data gathering practices, of any website to which you navigate from the
Site or relating to any applications you use or install from the Site. Any
purchases you make through Third-Party Websites will be through other websites
and from other companies, and we take no responsibility whatsoever in relation
to such purchases which are exclusively between you and the applicable third
party.
You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites and you shall hold us harmless from
any harm caused by your purchase of such products or services. Additionally,
you shall hold us harmless from any losses sustained by you or harm caused to
you relating to or resulting in any way from any Third-Party Content or any
contact with Third-Party Websites.
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms and Conditions;
(2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms and Conditions, including without
limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or
liability, to remove from the Site or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our systems;
(5) otherwise manage the Site in a manner designed to protect our rights
and property and to facilitate the proper functioning of the Site.
MODIFICATIONS AND
INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Site at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Site. We also
reserve the right to modify or discontinue all or part of the Site without
notice at any time.
We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance
related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or
otherwise modify the Site at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Site during any
downtime or discontinuance of the Site.
Nothing in these Terms and Conditions will be construed to obligate us
to maintain and support the Site or to supply any corrections, updates, or
releases in connection therewith.
ORDER
CANCELLATIONS, RETURNS & REFUNDS
Orders can be
cancelled in writing by contacting [email protected] with your order
number.
Returns will be subject to a 25% restocking fee.
Refunds are not available on custom request items, and we regret we are unable
to offer refunds on shipping costs. All return shipping costs are the
responsibility of the buyer.
All refunds
will be processed within 14 days of acceptance.