Terms of Service

May 2018

These terms of service (“Terms”) govern the access, browsing and use of the Website by their users (“User” or “Users”, as applicable); the download and use of content owned by Shemahin Graphics; as well as the services rendered through the Website (“Service” or “Services”, as applicable).

Accessing and using the Website implies that the User has read and accepts to be bound by these Terms without exception. In case the User does not accept the Terms or have any objection to any part of the present Terms the User must not use the Website.

Shemahin Graphics may modify the Terms at any time and thus we recommended that the Terms are reviewed on a regular basis by the User. The date at the beginning of these Terms refers to the latest update of these Terms, which will be applicable from the date of publication.

Some Services provided through the Website may be subject to specific conditions or instructions that must be accepted by the User prior to the provision of the relevant Service. These specific conditions may be imposed by Shemahin Graphics . Such specific conditions shall apply in addition to the Terms and in case of conflict shall supersede the Terms. Accordingly the User must read and accept such specific conditions before the provision of the relevant service. Likewise, in respect of collection and processing personal data, the Privacy Policy will apply.

1. Purpose of Website

Through the Website, the User can search visual content, like vectors and illustrations,images, PNG and Photoshop files in any format (“Content”), as well as specific information related to such content.

2. Authorised Use of Website

The User is only authorized to use the Website and the Services in accordance with the Terms and in good faith.

The User will not interfere with the functioning of the Website or in the Services, in particular 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 Shemahin Graphics. It is prohibited to use 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 Shemahin Graphics's interests, without the express prior authorization from Shemahin Graphics. Likewise, it is prohibited to obtain or attempt to obtain the contents of the Website using any method or system not expressly authorized by Shemahin Graphics or which is not the ordinary method of accessing the Website.

The User shall be responsible of ensuring prior to using the Services that the features of the Services meet the User’s needs and that has all requirements, equipment and software necessary for this purpose and of any costs required for the use of the Services.

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 Shemahin Graphics.

3. Registration

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.

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 of keeping such information updated. Should the User provide false, outdated or incomplete information, or should Shemahin Graphics have reasons to suspect it, Shemahin Graphics reserves the right to suspend or cancel the User’s account.

The User must protect and keep confidential the account password 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 should immediately inform Shemahin Graphics.

Shemahin Graphics may suspend or cancel the account of the User if it considers that the User has breached these Terms.

4.Intellectual Property

Subject to your compliance with these Terms of Service, any applicable license agreement with Shemahin Graphics, and the law, you may access and use the Site. Shemahin Graphics remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Service. Shemahin Graphics may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Shemahin Graphics’s sole discretion. Shemahin Graphics provides the Site on an "as is" and "as available" basis.

All content on this Site, including but not limited to Images, and related metadata (collectively the "Shemahin Graphics Content"), as well as the selection and arrangement of the Shemahin Graphics Content, are protected by copyright, trademark, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Shemahin Graphics Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Shemahin Graphics, Shemahin Graphics does not grant any express or implied permission to use the Site or any Shemahin Graphics Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Shemahin Graphics Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Shemahin Graphics Content.

Unless you enter into a license agreement with Shemahin Graphics you may not download, distribute, display and/or copy any Shemahin Graphics Content.

You may not remove any copyright notices contained in the Shemahin Graphics Content.

5.Infringement Claims / DMCA Notices

If you believe that any Image or other material made available by Shemahin Graphics infringes upon any copyright that you own or control, you may notify Shemahin Graphics in the manner set forth in our DMCA Copyright Infringement Notification.

6.Responsibility

The User acknowledges and agrees that uses the Website and its Services at the User’s own risk and under the User’s responsibility and therefore Shemahin Graphics does not accept any responsibility for misuse or use in breach of these Terms.

The User will be responsible for any damages to Shemahin Graphics resulting from the User’s use of the Website and the Services in breach of the Terms and accepts to indemnify Shemahin Graphics from any liability in which they may incur resulting from the User’s breach of these Terms.

As way of example and without limitation, Shemahin Graphics shall not be liable for any damages that may result from:

· Interruptions, viruses, technical problems, interference, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not Shemahin Graphics’s responsibility.

· Delays or unavailability of the Website and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.

· Third party actions.

· Any other event beyond Shemahin Graphics’s direct control.

SAVE FOR Shemahin Graphics’S WILFUL 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 Shemahin Graphics SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND CAUSED TO THE USER AS A RESULT OF USING THE WEBSITE AND THE SERVICES.

7.Conditions for the Subscription

The terms in this Section (the “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.

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 for the Content in the Shemahin Graphics Selection are offered in the Website where the relevant information, price and conditions are included (including, without limitation, restrictions to the number of downloads of Shemahin Graphics Content each day). Shemahin Graphics can modify at any time the Subscriptions offered, 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 Shemahin Graphics 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. Shemahin Graphics is entitled to modify the price for any Subscription at any time. Shemahin Graphics shall apply the price stated in the Website at the time of the submission of the order of the Subscription by the User.

The User shall pay the Subscription in advance through Paypal or credit 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 card is made within third parties sites. When ordering any Subscription, the User authorizes Shemahin Graphics to collect the corresponding price through the chosen payment method. The Subscription shall not be activated until Shemahin Graphics 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.

As the Shemahin Graphics Content is digital content, no cancellation right shall apply, without prejudice to the guarantees stated in the consumers’ regulations that may be applicable.

About refunds: once your Premium Membership has been activated and download the picture less than 3, you will have a 15 day period to order a refund of your payment. You may request your refund contacting us through [email protected] we initiate your refund immediately after you submit your cancellation request. The way your refund is processed depends on your original payment method: If you paid by credit or debit card, refunds will be sent to the card-issuing bank. Please contact the card-issuing bank with questions about when the credit will be posted to your account.

8.General and Contact Information

If any provision in these Terms is declared to be invalid or unenforceable, it shall be deemed that it had not been included. The remaining provisions in these Terms shall not be affected in anyway.

If you are having problems or require support, please quick contact: [email protected]