In order to use certain Services, the User must register, creating a username and password and activating an account. To this end, the User must provide a valid email address where the User will receive notifications related to the Services. If the User is a legal entity or business, its username must be its full name or corporate name and the person registering on behalf of the legal entity or business declares that he/she is duly authorized to bind such legal entity or business and that such legal entity or business shall be bound to the terms of the relevant Website/Service.
The User agrees to provide the mandatory information required for registration and also acknowledges that such information is true, complete and up to date. The User is solely responsible for keeping such information updated. Should the User provide false, outdated or incomplete information, or should the Company have reasons to suspect it, the Company reserves the right to suspend or cancel the User’s account.
The User must protect and keep the account password confidential and must not disclose it to third parties. The User must neither allow other Users to access the Services through the User’s account nor use the account of another User to access the Services.
The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another User is using his account, he/she/it should immediately inform the Company.
The Company may suspend or cancel the User’s account if it considers that the User has breached these terms.
The User acknowledges and agrees that he/she/it uses the Website and its Services at the User’s own risk and under the User’s responsibility and, therefore, the Company does not accept any responsibility for misuse or use in breach of the terms of the relevant Web Site/Service.
The User will be responsible for any damages to the Company resulting from the User’s use of the Website and the Services in breach of the terms and accepts to indemnify the Company and its directors, employees, agents and representatives from any liability in which they may incur as a result of the User’s breach of these terms.
The Company does not warrant the availability or continuity of the Website or the Services, neither its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity.
As way of example and without limitation, the Company shall not be liable for any damages that may result from:
Save for the company’s willful misconduct, and those cases in which due to the specific circumstances of the user involved or the nature of the matter, applicable law provides that liability cannot be limited by agreement, use of the website and the services is at sole risk of the user and the company shall not be liable for any damage of any kind caused to the user as a result of using the website and/or the services.
Regarding contents owned by third parties, whether sponsored or otherwise (if any), the Company acts exclusively as a provider of a search service as requested by the User, without assuming any responsibility for search results.
The insertion of links in the Services does not imply any relationship, recommendation or supervision by the Company of the linked website and, accordingly, the Company does not accept any liability in relation to the content of any linked website except in the specific circumstances provided by applicable law.
Regarding content owned by third parties and offered through the Websites and/or Services in collaboration with the Company (if any), the Company acts exclusively as the provider of the intermediation service between the third parties’ offer of content and the Users interested in downloading them, without any liability in relation to such contents, except for those cases expressly stated by the applicable law.
The Company will make reasonable commercial efforts in order to ensure the accuracy of keywords and descriptions, as well as the identification of content as exclusively for editorial use or any equivalent expression. However, the company neither warrants nor makes any representation regarding any keyword, title or description; or the identification or lack of identification of any visual content as exclusively for editorial use. For this reason and notwithstanding any other liability limitation that may be applicable in accordance with these terms, the Company shall neither indemnify nor assume any liability in connection with any claim resulting from inaccurate keywords, titles or descriptions, or from the use of the visual content identified as exclusively for editorial use.
All intellectual property rights over the Website, the Services, its design, and source code, and all content included in any of them (including without limitation text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to the Company.
Except as expressly authorized under the terms of the relevant Website/Service, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or any other use of the Website, the Services or its content or any of its parts, is strictly forbidden.
The Company may, at any moment, and without incurring in any responsibility towards the User, modify the content of the Website or the Services, limit or modify the conditions or cease to provide some or all the Services and features available or deactivate and delete all or some of the User accounts and their corresponding information. However, the Company will comply with its obligations regarding the keeping of records in relation to certain transactions for the relevant period as provided by applicable law or refund the Users of Subscriptions in force at that time with the proportional part of the price not accrued before the termination.
The use of the Website and the Services and the interpretation and application of these terms shall be governed by Spanish Law. Except for those cases in which the applicable law impose a specific jurisdiction, any dispute in connection with these terms shall be resolved by the Courts of Málaga (Spain), and the parties expressly waive any other applicable jurisdiction.
If any provision in these terms is declared to be invalid or unenforceable, it shall be substituted or deemed as not included. The remaining provisions in these terms shall not be affected in any way.
You may contact the Company for any query or claim via email@example.com
Through the Website, the User can search visual content, like vectors and illustrations, photos and images, PSDs and Photoshop files, vector icons, video contents and recordings (including the corresponding audio) in any format, as well as specific information related to such content.
The Services may offer, in the result of that search, contents owned by the Company ("99Graphics Own Content"), contents owned by third parties offered through the Website ("Collaborators Content") as well as third-party content not offered free of charge ("Sponsored Content"). Sponsored Content is duly differentiated and identified on the search results. 99Graphics Own Content and Collaborators Content shall be hereinafter referred to collectively as the "99Graphics Content" and can be downloaded through the Website.
The Service may also offer, in the result of a search completed by the User, content offered by third parties freely available through the Internet ("Third Party Content").
Likewise, among the Services offered, Users may also be allowed to upload content to the Website to store, publish and make it available to other Users as Collaborators Content. The uploading of contents to the Website shall be done in the terms and following the procedure set out by the Company from time to time.
The User is only authorized to use the Website and the Services in accordance with the Terms and in good faith. In particular and without limitation, Users (irrespective of whether they have purchased a Subscription or not) undertake that any access or downloads of any content available in the Website or through the Services will always be the result of a genuine legitimate interest of the User and acknowledges that any method which artificially increases the number of downloads, accesses or clicks over such content is strictly prohibited under these Terms (including, without limitation, the generation of downloads, accesses or clicks over such content through any robots, spiders or any other mechanism, mobile application, program or tool) and will result in the cancellation of the User’s account by the Company and the obligation for the User to indemnify the Company for all damages suffered as a result of the User’s breach of this undertaking.
The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the Website or third parties, particularly, the owners of the Collaborators Content, the Third Party Content or the Sponsored Content.
The User will not interfere with the functioning of the Website or in the Services, in particular, he/she/it will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website or the Services, which may impact the security of the Website or the Services, or which may in any way interfere with the Services offered by the Company. The use of robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Website or the Services in any way which is contrary to the ordinary use of the Website or which infringes the Company’s interests (without its express prior authorization) is strictly prohibited. Likewise, obtaining or attempting to obtain the contents of the Website using any method or system not expressly authorized by the Company or which is not the ordinary method of accessing the Website is also strictly prohibited.
The User shall be responsible for any costs required for the Services’ use and for ensuring, prior to using the Services, that the Services’ features meet the User’s needs and that he/she/it meets all requirements and has all the equipment and software necessary for this purpose
The rights granted to the User under these Terms are personal and shall not be assigned to any third party (including affiliates or entities part of the same group of companies) totally or partially, by any mean, without the prior, express and written consent from the Company.
When providing the Services, the Website can publish advertising either related or not to the searched contents or the Services, which is expressly accepted by the User.
Regarding Third Party Content and Sponsored Content, the Website’s role is limited to completing the search requested by the User and providing such content as a search result with a link to the relevant website together with specific related information. In some cases, in order to provide the User a better user experience and facilitate returning to the Services, the link can be presented within a frame corresponding to the Website, which can be removed by the User at any time.
The Company is not the provider of the Third Party Content or the Sponsored Content and does not present itself as owner of such contents. Furthermore, displaying the search result and the link does not imply any relationship between the Company and the third party responsible for the Third Party Content or the Sponsored Content.
The Company does not select, examine, control, guarantee, approve, sponsor or identify itself in any form with the Third Party Content or the Sponsored Content resulting of the searches made by the Users. The Third Party Content and the Sponsored Content are the sole responsibility of the third parties that make them available to the public over the Internet.
The User will be able to access the corresponding third party websites and download Third Party Content and/or Sponsored Content under the terms and conditions established by such third parties. The Company shall not be a party or be involved in any way in the relationship between the User and the corresponding third party. The User undertakes to read and comply with the terms and conditions established by such third parties for the download and use of Third Party Content and/or Sponsored Content.
The Company is not a party and does not take part in the relationship between the User and the third party that offers the Third Party Content or the Sponsored Content, and it is not directly or indirectly responsible for the performance, omissions, errors, negligence or breaches of the Users or such third parties. Any claim from the Users regarding the Third Party Content or the Sponsored Content must be addressed to the relevant third parties through the linked website.
99Graphics Own Contents are offered under the conditions stated from time to time in the Website (including, without limitation, restrictions to the number of downloads per day) and its use is allowed in the terms set out or referred to in these Terms, as applicable.
Collaborators Contents are offered in the terms stated at the relevant time in the Website (including, without limitation, daily download limits), and its use is allowed in the terms set out or referred to in these Terms, as applicable.
When offering Collaborators Content, the Company acts as a mere intermediary between the User that downloads such content and the collaborator, providing the User with the access and subscription to the Collaborators Content.
The Company makes reasonable efforts in guaranteeing the lawfulness of the Collaborators Content. However, the Company cannot monitor or control all Collaborators Content. Therefore, the User acknowledges and agrees that the Company shall not be responsible for evaluating the originality, the non-infringement of third-party rights or the lawfulness of Collaborator Content and that the Company does not guarantee nor is liable in respect of any such contents, except for those cases expressly provided in the applicable regulations.
The Company limits itself to solely hosting the Collaborator Content and, therefore, it has no obligation to edit, select, check, or control the Collaborator Content nor does it guarantee, approve or necessarily agree with the Collaborator Content. If you wish to make an enquiry related to the Collaborator Content or if you believe that the Collaborator Content violates any rights or does not meet these Terms, or is inappropriate, you can contact the Company as indicated below.
The Collaborator is responsible for the Collaborator Content provided to the Company for storage, publishing and offering to Users through the Website.
The terms in this Section ("Subscription Terms") govern any purchase of any Subscription in the Website. When concluding the purchase procedure for any Subscription, it shall be deemed that the User has read and accepted, without exception, the Subscription Terms. For the avoidance of doubt, the Subscription Terms are additional to the Terms which will continue to apply to Users who have acquired a Subscription unless it is expressly provided otherwise in relation to specific provisions in the Subscription Terms.
These Subscription Terms are available to the User before the purchase of the Subscription and may be stored or reproduced on a durable medium.
The Subscription Terms are available in English and Spanish. In case the User is interested in purchasing any Subscription, it has to follow the instructions available in the Website from time to time.
The Subscriptions available are offered in the Website where the pertinent information, price and conditions are included (including, without limitation, restrictions to the number of downloads each day). The Company can modify the Subscriptions offered at any time, offering with new Services (to which, unless otherwise stated, these Subscription Terms shall apply) or ceasing to offer any of the Services. The Subscriptions are personal, shall not be assigned to third parties and no third parties other than the User shall be allowed to use the 99Graphics Content (including as third parties, for these purposes, affiliates or entities part of the same group of companies).
The price for the Subscription is stated in US Dollars in the Website and includes, if applicable, the relevant Value Added Tax. The Company is entitled to modify the price for any Subscription at any time. The Company shall apply the price stated in the Website at the time of the submission of the Subscription order by the User.
The User shall pay the Subscription in advance through PayPal or credit/debit card, as stated in the Website. To purchase and pay the Subscription, the User shall follow the instructions stated in the Website. The processing of the payment information and data through PayPal or credit/debit card is made within third-party sites. When ordering any Subscription, the User authorizes the Company to collect the corresponding price through the chosen payment method. The Subscription shall not be activated until the Company has received the payment or the payment has been authorized by the relevant financing entity. After that, the Subscription shall be in force for the term purchased by the User.
Unless otherwise stated in these Subscription Terms, the Subscriptions shall be automatically and successively renewed at the expiration of its term, unless the User cancels the renewal of the Subscription before its expiration. The Company shall charge the corresponding price by the same initial payment method. The Company may modify the price for the renewal of the Subscription, provided that the User is informed with, at least, one-month prior notice.
Once the User purchases the Subscription, the screen shall confirm the purchase. In addition, within the shortest time reasonably possible and not after twenty-four (24) hours since the acceptance of the order, an email shall be sent to the User with the receipt of the purchase. The receipt may be stored and printed. The User may request and download an invoice as stated within the Website twenty-four (24) hours after making the relevant payment.
After the purchase of the Subscription, the User may benefit from the following:
As the content in the Website is digital content, no cancellation right shall apply, without prejudice to the guarantees stated in the consumers’ regulations that may be applicable.