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OVERVIEW
Welcome to Graphartixry! The terms “we”, “us” and “our” refer to Graphartixry. Graphartixry operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Graphartixry is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Graphartixry reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Graphartixry confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Graphartixry may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Graphartixry, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Graphartixry, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Graphartixry.
Graphartixry’s names, logos, product and service names, designs, and slogans are trademarks of Graphartixry or its affiliates or licensors. You must not use such trademarks without the prior written permission of Graphartixry. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
Graphartixry is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Graphartixry. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Graphartixry, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Graphartixry.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Graphartixry, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Graphartixry, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Graphartixry, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Graphartixry, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Graphartixry is headquartered. You and Graphartixry consent to venue and personal jurisdiction in such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at graphartixry@gmail.com.
Our contact information is posted below:
GRAPHARTIXRY
graphartixry@gmail.com
Paris, France
+33 6 18 40 37 06
Last updated: July 24th, 2025
TERMS OF USE AGREEMENT
These Terms of Use constitute a legally binding agreement between you, either personally or on behalf of an entity (“you”) and Graphartixry (“the Company”, “we,” “us,” or ‘our’), regarding your access to and use of the website https://graphartixry.com and any other form of media, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). The Site provides an online marketplace for the following goods, products, and/or services (the “Marketplace Offerings”).
In order to help make the Site a safe environment for buying and selling Marketplace Offerings, all users are required to accept and comply with these Terms of Use. You acknowledge that by accessing the Site and/or Marketplace Offerings, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR THE MARKETPLACE OFFERS AND MUST IMMEDIATELY DISCONTINUE USE THEREOF.
Any additional terms or documents that may be posted on the site from time to time are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will notify you of any changes by updating the “last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please be sure to check the applicable terms each time you use our site so that you understand which terms apply. You will be subject to the revised Terms of Use and will be deemed to have read and accepted them if you continue to use the site after the date of publication of these revised Terms of Use.
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 registration requirements in such jurisdiction or country. Accordingly, those 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 not designed to comply with industry regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions are subject to such laws, you may not use this site. You may not use the site in any manner that would violate the Gramm-Leach-Bliley Act (GLBA).
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specified, the site and the marketplace offerings are our property, and all source code, databases, functionality, software, website designs, audio and video files, text, photographs, and graphics on the site (collectively, the “content”) as well as the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by United States copyright and trademark laws and various other intellectual property rights and unfair competition laws, international copyright laws, and international conventions. The content and marks are provided on the site “as is” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or Marketplace offerings, or any content or trademarks, may be copied, reproduced, aggregated, republished, downloaded, displayed, publicly posted, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are authorized to use the site, you are granted a limited license to access and use the site, as well as to download or print a copy of any part of the content that you have duly accessed, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you on the site, the content, and the trademarks.
USER REPRESENTATIONS
By using the site or marketplace offerings, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site or Marketplace offerings through automated or non-human means, whether through a robot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site or Marketplace offerings 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 not use the Site or Marketplace offerings for any illegal or unauthorized purpose, and you may not, in using the Marketplace offerings, violate any laws. Unauthorized marketplace offers include the following: intoxicating substances of any kind, illegal drugs or other illegal products, alcoholic beverages, gambling, and pornography or graphic adult content. The site does not contain images or other adult products. The publication of products or unauthorized content use may result in the immediate closure of your account and a lifetime ban from using the site.
We are a service provider and make no representations about the security, effectiveness, suitability, accuracy, availability, prices, ratings, reviews, or legality of any information contained on the site or marketplace offers displayed or offered through the site. You understand and agree that the content of the site does not contain or constitute statements that can be reasonably relied upon, and you agree to hold us harmless for any errors, omissions, or misstatements in the content of the site. We do not endorse or recommend any marketplace offers, and the site is provided for informational and advertising purposes only.
MARKETPLACE OFFERS
We strive to display the colors, features, specifications, and details of the marketplace offers available on the site as accurately as possible. However, we do not guarantee that the colors, features, specifications, and details of Marketplace Offers will be accurate, complete, reliable, current, or free from other errors, and your electronic screen may not accurately reflect the actual colors and details of the products. All Marketplace Offers are subject to availability, and we cannot guarantee that Marketplace Offers will be in stock. Some marketplace offers may be available exclusively online on the site. These marketplace offers may have limited quantities and can only be returned or exchanged in accordance with our return policy.
We reserve the right to limit the quantities of marketplace offers offered or available on the site. All descriptions and prices of marketplace offers are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any marketplace offer at any time and for any reason. We do not guarantee that the quality of the marketplace offers you purchase will meet your expectations or that errors on the site will be corrected.
PURCHASES AND PAYMENT
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for all purchases of marketplace offers made through the site. You also agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you if necessary. Sales tax will be added to the price of purchases if we deem it necessary. We may change prices at any time.
You agree to pay all charges at the prices then in effect for your purchases and all applicable shipping charges, and you authorize us to charge your chosen payment provider for all such amounts when you place your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested the buyer to change their price.
We reserve the right to refuse any order placed through the site. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders using the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
PROHIBITED ACTIVITIES
You may not access or use the site for any purpose other than those for which we make the site available. The site may not be used in connection with any commercial endeavors, except those that we specifically support or approve.
As a user of the site, you agree not to:
Systematically retrieve data or other content from the site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
Deceive, defraud, or mislead users, including by attempting to obtain sensitive account information, such as user passwords.
Circumvent, disable, or otherwise interfere with the security features of the site, including features that prevent or restrict the use or copying of any content or that enforce limitations on the use of the site and/or the content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the site.
Use any information obtained on the site for the purpose of harassing, abusing, or harming another person.
Make inappropriate use of our support services or submit false reports of abuse or misconduct.
Use the site in a manner inconsistent with applicable laws or regulations.
Use the site as an unauthorized framework or link. Downloading or transmitting (or attempting to download or transmit) viruses, Trojan horses, or other items, including excessive use of capital letters and spamming (continuous sending of repetitive text), that interfere with the uninterrupted use and enjoyment of the site by any party or that modify, alter, disrupt, or interfere with the use, the features, functions, operation, or maintenance of the marketplace offerings.
Engage in automated use of the system, such as using scripts to send comments or messages, or using data mining tools, robots, or similar data collection and extraction tools.
Remove copyright notices or other proprietary rights notices from any content.
Attempt to impersonate another user or person or use another user's username.
Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including including, but not limited to, clear graphic exchange formats (“gifs”), 1×1 pixels, web beacons, cookies, or other similar devices (sometimes referred to as ‘spyware’ or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the site or the networks or services connected to the site.
Harass, annoy, intimidate, or threaten any of our employees or agents responsible for providing you with any part of the marketplace offerings.
Attempt to circumvent the site's measures designed to prevent or restrict access to the site or any part of the site.
Copy or adapt the site's software, including, but not limited to, Flash, PHP, HTML, JavaScript, or any other code.
Except as permitted by applicable law, decrypt, decompile, disassemble, or reverse engineer any of the software comprising or making up the site.
Except as may result from the use of a standard search engine or Internet browser, use, launch, develop, or distribute any automated system, including, but not limited to, any spider, robot, cheat utility, scraper, or offline reader that accesses the site, or use or launch any unauthorized script or other software.
Use a purchasing agent or purchasing agent to make purchases on the site.
Make unauthorized use of marketplace offerings, including collecting user names and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
Use the marketplace offerings as part of an effort to compete with us or use the site and/or content as part of a revenue-generating activity or commercial enterprise.
USER-GENERATED CONTENT
The site does not offer users the ability to submit or publish content. We may give you the ability to create, submit, publish, display, transmit, perform, post, distribute, or broadcast content and materials to us or on the site, including, but not limited to, text, writing, videos, audio, photographs, graphics, comments, suggestions, personal information, or other materials (collectively, “Contributions”). Contributions may be viewed by other users of the site and by third-party websites. As such, any Contributions you submit may be treated in accordance with the site's privacy policy. When you create or make available Contributions, you represent and warrant the following:
The creation, distribution, transmission, public display, or performance, as well as access, downloading, or copying of your contributions does not and will not infringe upon the property rights, including but not limited to copyrights, patents, trademarks, trade secrets, or moral rights of any third party.
You are the creator and owner of your contributions or you have the necessary licenses, rights, consents, releases, and authorizations to use them and to authorize us, the site, and other users of the site to use them in the manner contemplated by the site and these Terms of Use.
You have the written consent, release, and/or permission of each identifiable person appearing in your contributions to use the name or image of each such identifiable person to enable the inclusion and use of your contributions in the manner contemplated by the site and these Terms of Use.
Your contributions are not obscene, lewd, lascivious, dirty, violent, harassing, defamatory, libelous, or otherwise objectionable (as determined by us).
Your contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your contributions are not used to harass or threaten (in the legal sense of these terms) another person or to promote violence against a specific person or group of people.
Your contributions do not violate any applicable laws, regulations, or rules.
Your contributions do not violate the privacy or publicity rights of any third party.
Your contributions do not violate any applicable laws regarding child pornography or protecting the health or welfare of minors.
Your contributions do not contain any offensive comments related to race, national origin, gender, sexual preference, or physical disability.
Your contributions do not violate the provisions of these Terms of Use or any applicable law or regulation, and do not refer to any documents that violate these provisions.
Any use of the site or marketplace offerings in violation of the foregoing constitutes a violation of these Terms of Use and may result in, among other things, termination or suspension of your rights to use the site and marketplace offerings.
CONTRIBUTION LICENSE
You and the site agree that we may access, store, process, and use any information and personal data you provide in accordance with the terms of the privacy policy and your choices (including settings).
By submitting suggestions or other comments regarding the site, you agree that we may use and share those comments for any purpose, without compensation to you.
We do not claim any ownership rights in your contributions. You retain ownership of all your contributions and all intellectual property rights or other proprietary rights associated with your contributions. We are not responsible for any statements or representations contained in your contributions provided by you in any area of the site. You are solely responsible for your contributions to the site and you expressly agree to hold us harmless and refrain from any legal action against us regarding your contributions.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the site or marketplace offerings (“submissions”) that you provide to us are not confidential and become our exclusive property. We retain exclusive rights, including all intellectual property rights, and are authorized to use and distribute such submissions without restriction for any legal, commercial, or other purpose, without acknowledgment or compensation to you. You hereby waive any moral rights in such submissions and hereby warrant that such submissions are original or that you have the right to submit them. You agree that there shall be no recourse against us for any actual or alleged infringement or misappropriation of any product or service.
SITE MANAGEMENT
We reserve the right, but are not obligated, to: (1) monitor the site for violations of these terms of use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms of use, including reporting such user to law enforcement authorities; (3) at our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically possible) any of your contributions or any part thereof; (4) at our sole discretion and without limitation, notice, or liability, remove from the site or otherwise disable any files and content that are excessively large or in any way burden our systems; and (5) manage the site in a manner intended to protect our rights and property and facilitate the proper functioning of the site and marketplace offerings.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO REFUSE ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERS (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON, FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A VIOLATION OF ANY REPRESENTATION, WARRANTY OR COMMITMENT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND MARKETPLACE OFFERS OR REMOVE ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT NOTICE, AT OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false name or a borrowed name, or the name of a third party, even if you are acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, but not limited to, civil, criminal, and injunctive proceedings.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or delete the content of the site at any time or for any reason, at our sole discretion and without notice. However, we are not obligated to update the information on our site. We also reserve the right to modify or discontinue all or part of the marketplace offerings without notice and at any time. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the site or marketplace offerings.
We cannot guarantee that the site and marketplace offers will be available at all times. We may encounter 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 or marketplace offers.
We cannot guarantee that the website and marketplace offers will be available at all times. We may encounter hardware, software, or other problems, or need to perform maintenance related to the site, which may result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or modify the site or marketplace offerings at any time and for any reason, without notice to you. You agree that we are not responsible for any loss, damage, or inconvenience caused by your inability to access or use the site or marketplace offerings during any downtime or interruption of the site or marketplace offerings. Nothing in these Terms of Use shall be construed as obligating us to provide maintenance and support for the Site or Marketplace offerings or to provide corrections, updates, or releases in connection therewith.
APPLICABLE LAW
These terms and conditions are governed by and interpreted in accordance with French law, and the use of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU and you are a consumer, you also benefit from the protection provided by the mandatory provisions of the law of your country of residence. Graphartixry and you agree to submit to the non-exclusive jurisdiction of the courts of Paris, which means that you may file a complaint to defend your consumer protection rights with respect to these terms of use in France or in the EU country in which you reside.
DISPUTE RESOLUTION
Informal Negotiations
In order to expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, “Disputes”) brought by you or by us (individually, a ‘Party’ and collectively, the “Parties”), the parties agree to first attempt to negotiate any dispute (except for disputes expressly provided for below) informally for at least thirty (30) days before initiating arbitration proceedings. These informal negotiations shall commence upon written notification from one party to the other.
Binding arbitration
Any dispute arising out of the relations between the parties to this contract shall be settled by an arbitrator who shall be chosen in accordance with the arbitration rules and internal regulations of the European Court of Arbitration, which is part of the European Arbitration Center based in Strasbourg, as in force at the time the request for arbitration is filed, and the adoption of this clause constitutes acceptance thereof. The seat of arbitration shall be Paris, France. The language of the proceedings shall be French. The applicable substantive law shall be French law.
Restrictions
The parties agree that any arbitration shall be limited to the dispute between them individually. To the fullest extent permitted by law, (a) no arbitration may be joined with any other proceeding; (b) there is no right or authority for the parties to oppose the arbitration; (c) there is no right or authority for a dispute to be brought on a purportedly representative basis on behalf of the general public or any other person.
Exceptions to Informal Negotiations and Arbitration
The parties agree that the following disputes are not subject to the above provisions regarding informal negotiations and binding arbitration: (a) any dispute seeking to enforce or protect a party's intellectual property rights or concerning their validity; (b) any dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, neither party shall elect to arbitrate any dispute arising under the portion of this provision found to be illegal or unenforceable, and such dispute shall be decided by a court of competent jurisdiction in the jurisdictions listed above, and the parties agree to submit to the personal jurisdiction of such court.
CORRECTIONS
The site may contain information that includes typographical errors, inaccuracies, or omissions relating to marketplace offerings, including descriptions, prices, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the site at any time without prior notice.
DISCLAIMER
THE SITE AND THE MARKETPLACE OFFERS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERS AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SITE OR THE CONTENT OF ANY WEBSITE LINKED TO THE SITE, AND WE ASSUME NO LIABILITY FOR (1) ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERS, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER ITEMS THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY A THIRD PARTY, AND/OR (6) ANY ERROR OR OMISSION IN ANY CONTENT AND MATERIAL OR FOR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF ANY CONTENT DISPLAYED, TRANSMITTED OR MADE AVAILABLE THROUGH THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT, AND WE WILL NOT BE A PARTY TO AND IN NO WAY WILL BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIA OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF REVENUE, LOSS OF DATA OR OTHER DAMAGES RESULTING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU, FOR ANY REASON AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU HAVE PAID US, IF ANY. SOME US AND INTERNATIONAL LAWS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party due to: (1) use of the marketplace offers; (2) violation of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including, but not limited to, intellectual property rights; or (5) any harmful act toward any other user of the site or marketplace offers with whom you have connected through the site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification as soon as we become aware of it.
USER DATA
We will retain certain data that you submit to the site for the purpose of managing the performance of the marketplace offerings, as well as data relating to your use of the marketplace offerings. Although we perform routine backups of data, you are solely responsible for all data that you submit or that relates to any activity you have undertaken using the marketplace offerings. You agree that we shall not be liable to you for the loss or corruption of such data, and you hereby waive any right of action against us arising from the loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the site, sending us emails, and filling out online forms are all forms of electronic communication. You agree to receive electronic communications and accept that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the site satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You hereby waive any right or requirement under any law, regulation, rule, ordinance, or other law in any jurisdiction that requires an original signature or the delivery or retention of non-electronic records, or payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If a complaint filed with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the site or in respect to any Marketplace offering constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use shall be enforced to the fullest extent permitted by law. We may assign all or part of our rights and obligations to third parties at any time. We are not liable for any loss, damage, delay, or failure caused by a cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is found to be illegal, void, or unenforceable, that provision or part of the provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions. These Terms of Use do not create any joint venture, partnership, employment, or agency relationship between you and us. You agree that these Terms of Use shall not be construed against us merely because they were drafted by us. You hereby waive any defense you may have based on the electronic form of these Terms of Use or the lack of signatures by the parties to enforce them.
CONTACT US
To resolve a complaint regarding the site or the marketplace offers, or to receive additional information regarding the use of the site or the marketplace offers, please contact us:
Graphartixry
Phone: (+33) 06 18 40 37 06
graphartixry@gmail.com