Terms of service

Here is the updated Terms of Service, revised to reflect California as the governing jurisdiction, update the contact phone number, and completely remove your physical mailing address.

OVERVIEW Welcome to GravBase! The terms "we", "us" and "our" refer to GravBase. GravBase 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"). GravBase 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. 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, and payment 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 & THE LICENSE GRANT When you purchase a digital template or vector graphic from our store, you are purchasing a non-exclusive, non-transferable, revocable license to download and use the product. No ownership of the copyright or original intellectual property is transferred to you during this transaction. You may use the licensed digital assets for personal or commercial projects. However, you are strictly prohibited from reselling, sublicensing, redistributing, or publishing the raw source files or templates. You may not upload these files to any open file-sharing platform, stock image website, or distribute them to third parties. We have made every effort to provide an accurate representation of our products and services. 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 and your software settings. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations. 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.

 

SECTION 3 - ORDERS When you place an order, you are making an offer to purchase. GravBase reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance and process your payment. Your purchases are subject to return or exchange solely in accordance with our Digital Download Return and Refund Policy. You represent and warrant that your purchases are for your own personal or commercial use strictly within the boundaries of the license granted in Section 2, and not for commercial resale or unauthorized redistribution.

 

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 applicable taxes. 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 all applicable taxes, if any.

SECTION 5 - DIGITAL DELIVERY & ACCEPTANCE All products sold on this site are digital downloads. Delivery is fulfilled instantly via a secure download link provided at checkout and sent via email. No physical merchandise will be shipped. By initiating the download, you acknowledge that the delivery of our service is complete.

SECTION 6 - INTELLECTUAL PROPERTY & LICENSE REVOCATION Our Services, including but not limited to all software, digital templates, vector graphics, text, displays, images, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by GravBase, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws. Except as expressly provided in the license grant in Section 2, 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 GravBase, Shopify or any third party. License Revocation & Chargeback Protection: Any breach of these Terms of Service, including unauthorized redistribution or initiating a payment chargeback while retaining the downloaded files, will result in immediate termination of your license. Continued use of the digital assets after license termination constitutes copyright infringement.

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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

SECTION 8 - THIRD-PARTY LINKS The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

 

SECTION 9 - RELATIONSHIP WITH SHOPIFY GravBase 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 GravBase. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and GravBase, 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 GravBase.

SECTION 10 - PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. 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.

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. We are and shall be under no obligation to maintain your Feedback in confidence, pay compensation, or respond.

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, 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.

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 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 person; (e) to transmit false or misleading information; (f) to upload or transmit viruses or malicious code; (g) to reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; or (h) to interfere with, bypass, or circumvent the security features of the Services. 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 - AGENTS 14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of a person or entity. 14.2 No Agent may access the Services unless it identifies itself and operates in strict accordance with the requirements in section 14.4. 14.3 We may limit whether and how any Agent accesses the Services. 14.4 Agents must: (i) identify that the request is from an Agent in all HTTP/HTTPS requests; (ii) not conceal or obfuscate their nature; (iii) respond truthfully to any prompt seeking to determine if interactions are coming from a human or a computer; (iv) not circumvent any measure intended to block or limit Agents.

SECTION 15 - TERMINATION We may terminate this agreement or your access to the Services 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.

SECTION 16 - DISCLAIMER OF WARRANTIES Our digital templates are provided 'as is' without any explicit warranty. While we strive for high quality, we do not guarantee that the files will remain compatible with all future third-party software updates, nor do we guarantee specific commercial results from the use of our templates. EXCEPT AS EXPRESSLY STATED BY GravBase, 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. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SECTION 17 - LIMITATION OF LIABILITY TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL GravBase, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR THOSE OF SHOPIFY BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

SECTION 18 - INDEMNIFICATION You agree to indemnify, defend and hold harmless GravBase, Shopify, and our affiliates, partners, officers, and employees from any losses, damages, liabilities or claims, including reasonable attorneys' fees, due to or arising out of your breach of these Terms of Service, your violation of any law or the rights of a third party, or your access to and use of the Services.

SECTION 19 - 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 severed from these Terms.

SECTION 20 - 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 constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements.

SECTION 21 - 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. We may transfer, assign, or delegate these Terms without consent or notice to you.

SECTION 22 - 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 laws of the State of California, as outlined by our governing Partnership structure, and applicable federal laws.

SECTION 23 - HEADINGS The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check our website periodically for changes. Your continued use of the Services following the posting of changes constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at info@gravbase.com.

Our contact information is posted below:

GravBase

info@gravbase.com

(415) 496-5322