Terms of Service

Last revised: August 9, 2021

The following is a legal agreement between you ("you", "User", or "Users") and Thomas Troy McConaghy, the owner and operator ("we", "us", or "TTM") of the site at www.graphics.town (the "Website") and all related websites, software, mobile apps, plug-ins and other services that we provide (together, the "Service"). Your use of the Service, and our provision of the Service to you, constitutes an agreement by you and TTM to be bound by the terms and conditions in these Terms of Service ("Terms").

All graphical images and associated files generated via the Service shall be referred to as "Generated Graphics".

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. Any such changes will become effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms.

Requirements

You may use the Service only if you can form a binding contract with TTM, and only in compliance with these Terms and all applicable laws, rules, and regulations. The Service is not available to any Users previously removed from the Service by TTM. Information about your use of the Service are governed by our Privacy Policy. If you are under 16 years old, you may use the Service only with the approval and supervision of your parent, guardian, or teacher.

Use of the Service

In connection with your use of the Service, you must not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. The technology and software underlying the Service or distributed in connection therewith is the property of TTM and our licensors, affiliates and partners and you are granted no license in respect of that software. You agree not to copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in such technology or software. Any rights not expressly granted herein are reserved by TTM. Large scale or systematic generation of Generated Graphics, including using any of the methods referred to above, is prohibited except as expressly authorized by TTM.

The Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, international conventions, and other intellectual property laws.

License

Generated Graphics generated on the Website are made available to you under the following terms.

When using a Generated Graphic, attribution is not required, but it is appreciated. That is, you don't have to indicate where you got the Generated Graphic, but we would be happy if you indicate that you got it from www.graphics.town or Graphics Town.

The word "non-commercial" shall be interpreted to mean the same as "NonCommercial" in the Creative Commons Licenses (and "commercial" shall be interpreted to mean not non-commercial). You can find help interpreteing "NonCommercial" in the Creative Commons FAQ page and in the Creative Commons Wiki page titled "NonCommercial interpretation".

For example, commercial use of a Generated Graphic would be doing something like:

Selling it as-is, i.e. as a graphics file, on an ecommerce site operated by your business or in a third-party marketplace.
Printing it on a physical product, such a pillow, and selling that physical product.
Using it in a digital product, such as an iPhone app, and selling that digital product.
Using it as part of a commercial project for a third party (e.g. for a website that you made for them on contract).
Using it in or on materials used to market your business, such as your business website, or on corporate swag. It doesn't matter if those marketing materials are given away for free.

If the following three conditions are met, then you are granted an irrevocable, worldwide, non-exclusive and royalty-free right to use, download, copy, modify or adapt the Generated Graphic in question for commercial and non-commercial purposes.

The Generated Graphic was not generated using large-scale automation.
You have done full due dilligence to determine that your use of the Generated Graphic can't bring legal action against you because of, for example:

copyright infringement,
trademark infringement,
depicting something offensive, pornographic, obscene, immoral, defamatory or libelous, or
depicting something that is censored in any jurisdiction where it might be seen.

You agree to periodically repeat the above due dilligence on the Generated Graphic, and if it fails to pass, then you agree to stop using it immediately and to remove all uses globally, to the best of your ability.

Notice and Takedown Policy

TTM respects the rights of creatives. Accordingly, it is our policy to respond to alleged infringement notices promptly. If you believe that your copyright, trademark, or other right has been infringed by text, images or any other media that is accessible via the Service, we ask that you write to us and provide the following information:

Identification of the copyrighted work, trademark or other right you claim has been infringed;
Identification of the material that is claimed to be infringing, including a URL link to where it appears on the Service;
Your contact details, such as your email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright / trademark / other right owner, its agent, or law; and
A declaration that the above information is accurate and that you are the rights owner (or authorised to act on their behalf).

Please submit the information to us by email. Our email address is:

[email protected]

Dispute Resolution

TTM endeavors to settle any disagreements amicably.

Indemnification for Breach of Terms

You agree to indemnify and hold harmless TTM from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless TTM from and against any and all claims brought by third parties arising out of your use of the Service.

Warranty and Liability

THE SERVICE IS PROVIDED "AS IS". WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY CONTENT, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TTM DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. TTM SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE SERVICE OR ITS CONTENT.

Not Legal Advice

The preceding does not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under applicable laws.