Thank you for using Graphixmas. These General Terms and Conditions (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Graphixmas website at www.graphicsmystic.com/gx/ (the “Website”), including but not limited to delivery of information via the Website.
Please read these Terms carefully.
By accessing or using the Website, you are agreeing to these Terms and concluding a legally binding contract with Powerful Marketing Solutions Lukasz Adamski, a company incorporated and existing under the laws of the Poland ("Powerful Marketing Solutions Lukasz Adamski"). Do not access or use the Website if you are unwilling or unable to be bound by the Terms.
You can accept the Terms by:
Clicking to accept or agree to the Terms, where it is made available to you in the user interface of the Website; or
Actually using the Services. In this case, you understand and agree that Graphics Mystic will treat your use of the Services as an acceptance of the Terms.
Powerful Marketing Solutions Lukasz Adamski is a commercial company, providing the Services administered through the Website
You hereby represent and warrant that you are at least fourteen (14) years of age or above and are fully able and competent to understand and agree with the terms and conditions, obligations, affirmations, representations, and warranties set forth in those Terms.
You are responsible for complying with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and the applicable law and in a manner that does not violate our legal rights or those of any third parties.
The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must create a User Account and provide certain information about yourself in order to use (some of) the Services that are offered through the Website. You are responsible for maintaining the confidentiality of your User Account password. You are also responsible for all activities that occur in connection with your User Account. You agree to notify us immediately of any unauthorized use of your User Account. We reserve the right to close your User Account at any time for any or no reason.
By creating a User Account, you agree to receive certain communications in connection with the Website. For example, you might receive information from the Graphics Mystic support staff. You may also receive our e-mail newsletter, from which you can opt-out.
Graphics Mystic may amend, change or update these Terms and Conditions, from time to time, entirely at its own discretion. You shall be responsible for checking these Terms, from time to time, and ensuring continued compliance with these Terms. Your use of the Services after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed Terms and an assent to be bound by such changed/amended Terms
Graphics Mystic may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Graphics Mystic. In case there are any inconsistencies between the English version of the Terms and its translated versions, the English version of the Terms shall prevail.
If you write a review or give feedback, you represent and warrant that you are the sole author of that review; the review reflects an actual experience that you had using our services or the product Graphixmas; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to post a review that was not a fair expression of your honest opinion. USER REVIEWS DO NOT REFLECT THE OPINION OF Graphics Mystic.
By submitting your content you hereby irrevocably grant us a perpetual, irrevocable, non-exclusive, royalty-free right to use the published content
By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote and create derivative works.
You grant us the right to use the name or username that you submit in connection with your content. You irrevocably waive, any claims and assertions of moral rights with respect to your content brought against us, any third party services and our and their users.
We own the Graphics Mystic Content, including, among others, visual interfaces, interactive features, graphics, design, compilations, including (but not limited to) our database of user content and other Website Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Website, excluding user content and Third Party Content. We also own the copyrights, trademarks, trade names, and other intellectual and proprietary rights ("IP Rights"), associated with the Graphics Mystic Content, the Website. This means that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Graphics Mystic Content, in whole or in part, except as expressly authorized by us.
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Users in our sole discretion.
Having verified the payment under Section 13 below, Graphics Mystic undertakes to grant the User access to the product Graphixmas through the User Account or e-mail of the User within 24 hours of the verification of the payment.
Graphics Mystic undertakes to reimburse the User in full with the amount that the User paid for the product Graphixmas. If, for any or no reason, the User is not satisfied with the results achieved by using the product Graphixmas. You may unilaterally withdraw from your contract with Graphics Mystic within 14 days of the date of the purchase.
You, as a User, are to receive the amount paid to Graphics Mystic via the same means you used to make the payment to Graphics Mystic when purchasing the product Graphixmas. In order to exercise your right of withdrawal under Directive 2011/83/EU, please use this fillable form. The refund will be issued within 14 days of the cancellation.
Withdrawal Letter: http://graphicsmystic.com/dynamic/withdrawal-letter.docx
Graphixmas and all the additional packages, upgrades and accompanying products have the following characteristics: graphic templates
The use of Graphixmas is restricted. It can be used in the following ways: the graphics templates can be used commercially in an unlimited amount of projects, but can’t be resold or used for your client’s work. In order to receive a developer’s rights license (to use it for your client’s work) you’d need to purchase the upgrade called the Elite Upgrade or the Gold Upgrade.
Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content or engage in any activity that, in our sole discretion:
Apart from that, the User agrees not to:
When a particular action is not explicitly referred to in this clause, but is an obvious violation of Art. 7, the clause should be interpreted broadly, in favour of Graphics Mystic, and this action should be considered as if it was included in this clause
The Services may contain, or you may be sent through the Website to, 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, safety or completeness by Graphics Mystic and Graphics Mystic is not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through the Website.
You agree that we are not responsible for the availability or Third Party Content of such Third Party Websites. Your use of Third Party Websites is solely at your own risk.
The Services may be supported by advertising revenue and may display advertisements and promotions.
Parts of the Website may contain such advertising information or promotional material or other material submitted to Graphics Mystic by third parties. Responsibility for ensuring that material submitted for inclusion on the Website complies with the applicable international and national laws is on the party providing the information/material. Your correspondence or business dealings with, as well as the participation in promotions of, advertisers other than Graphics Mystic, found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Graphics Mystic will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertisers on the Website.
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual right to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, against Graphics Mystic and its users, any claims and assertions of any moral rights contained in such Feedback.
Payment is done via PayPal or via credit or debit card. All credit/debit cardholders are subject to validation checks and prior authorisation by the card issuer. If you are not using your own PayPal account, credit or debit card to pay for the subscription or order, you must ask the permission of the PayPal account holder or credit or debit cardholder before entering the payment details. By clicking "Submit" you are confirming that you have obtained the express prior permission of the PayPal account holder or credit or debit cardholder.
If the issuer of your payment card refuses to authorise payment to Powerful Marketing Solutions Lukasz Adamski, we will not be able to process your subscription request or order and a message will appear informing you that the transaction cannot be processed. Powerful Marketing Solutions Lukasz Adamski, together with its business partners, takes all reasonable care to ensure that its payment system is secure. All PayPal and payment card transactions made through the PayPal Website are processed using a secure online payment gateway (Secure Socket Layer (SSL) technology) that encrypts your card details in a secure hosting environment. We do not hold your payment card details on the Powerful Marketing Solutions Lukasz Adamski server.
You are responsible for maintaining the confidentiality of your username, password and your User Account, as well as all activities that occur under your User Account.
You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions) incurred by the abovementioned in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Website and/or your User Account. You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you. We will use reasonable efforts to notify you of any such claim, action or proceeding.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT, PERMITTED BY THE APPLICABLE LAW, Powerful Marketing Solutions Lukasz Adamski DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FACT THAT: (I) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE MAY BE TRADED OR SUITABLE FOR A SPECIFIC PURPOSE, (II) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION AND ERRORS, (III) DEFECTS WILL BE RECTIFIED, (IV) THERE ARE NO BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, FOLLOWING THE ACTIONS OF THIRD PARTIES, (V) THE SECURITY METHODS USED WILL BE SUFFICIENT FOR THE PROTECTION OF THE SERVICES AND THEIR USERS, AND (VI) WITH REGARD TO THE CORRECTNESS, ACCURACY OR RELIABILITY, THERE WILL BE NO LOSS OF DATA, CONTENT OR INFORMATION.
DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE, TABLET OR OTHER DEVICE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. Powerful Marketing Solutions Lukasz Adamski WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE Graphics Mystic SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. THE COMMUNICATION WITH Graphics Mystic, WHETHER WRITTEN OR ORAL, IN CONNECTION TO, TROUGH THE OR AS A RESULT OF USING THE SERVICES SHALL NOT CREATE ANY WARRANTIES NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING, YOU AGREE THAT WHEN USING THE SERVICES, YOU WILL NOT USE ANY TRADEMARK, TRADE NAME OR LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY TO CAUSE CONFUSION ABOUT THE OWNER OF SUCH MARKS, NAMES OR LOGOS.
Graphics Mystic MAKES NO PROMISES WITH RESPECT TO ANY THIRD PARTIES THAT CAN BE SEEN ON THE WEBSITE OR OTHER USERS OF THE SERVICES. Powerful Marketing Solutions Lukasz Adamski IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH THE Graphixmas ON THE WEBSITE.
YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK.
Graphics Mystic'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO USD 100.
Graphics Mystic DISCLAIMS LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS AND RESULTING DAMAGE, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA.
You agree that any and all disputes and claims, arising out of or in connection with these Terms, the Website, the Services and the "Graphixmas" shall be resolved individually, without resort to any form of class action.
Any and all claims, judgments, and awards shall be limited to the greater of: the actual out-of-pocket amount paid by you to Graphics Mystic for accessing the Website, the Services and/or the "Graphixmas" or USD 100, but in no event attorneys' fees; and under no circumstances you will be permitted to obtain awards for, and each User hereby waives all rights to claim punitive, incidental, consequential damages or any other damages other than actual out-of-pocket expenses for using the Services of Graphics Mystic.
This Agreement and all rights and obligations in connection with it are governed by Poland law. Any disputes between the Parties arising from this Agreement shall be heard and determined by the Sad Okregowy in Poznan.
Graphics Mystic fully complies with the applicable EU Laws and Regulations. Under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, the EU Commission has provided for an internet platform for the online resolution of disputes (“ODR Platform”). The online dispute resolution platform can serve as a contact point for out-of-court resolution of disputes arising from online purchase contracts or service contracts. The online dispute resolution platform is available via the internet address http://ec.europa.eu/consumers/odr.
You may terminate the Terms at any time by closing your User Account, discontinuing your use of the Website or providing Graphics Mystic with a notice of termination.
We may close your User Account, suspend your ability to use certain portions of the Website and/or ban you altogether from using the Services for any or no reason and without notice or liability of any kind. Any such action could prevent you from accessing your User Account, the Website, Graphixmas Content and/or any other related information.
In the event of any termination of these Terms, whether by you or us, Sections 2, 6, 7, 9, 12, 13, 14, 15, 16 and 17 will continue in full force and effect, including our right to use your content as detailed in the provisions of Section 6.
We reserve the right to amend, update, or discontinue the Website at our sole discretion, at any time, with or without reason, and without notice or liability.
We may provide you with notices, including those regarding changes to the Terms, by email or through the Website.
Except as otherwise stated in Section 9 above, nothing in those Terms is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms contain the entire agreement between you and Graphics Mystic regarding the use of the Website.
If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated so that the Terms shall otherwise remain in full force and effect.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
In order to address a question, to resolve a complaint regarding the Website or the Graphics Mystic Services, or to receive further information regarding the Services, please contact Graphics Mystic using one of the following methods:
Winogrady 66, 61-659 Poznan, Poland