PRIVACY, GDPR COMPLIANCE & TERMS OF SERVICE Privacy Policy


Effective date: May 02, 2019


GRANPHIC ("us", "we", or "our") operates the www.granphic.com website (the "Service"). This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data. We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from www.granphic.com Definitions Service - Service is the www.granphic.com website operated by GRANPHIC


PLEASE READ CAREFULLY THESE TERMS OF SERVICE BEFORE USING THE WEBSITE AND/OR SERVICES, AS THEY AFFECT YOUR RIGHTS AND LIABILITIES. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR ANY OF THE GUIDELINES, YOU MUST CEASE USE OF THE SERVICES. 1. Eligibility GRANPHIC offers its Services to its Users. It shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in any Service. Without limiting the foregoing, use of and membership in the Services is void where prohibited. By using the Services, you represent and warrant that: (a) you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service; and (b) If you are using or creating a Website on or through granphic.com as a representative of a company or legal entity: (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms “you” and “your” in this Agreement refers to your company or legal entity; and (c) all registration information you submit is truthful and fully accurate; and (d) you shall maintain the accuracy of such information; and (e) you are at least 13 years of age; and (f) your use of the Services does not violate any applicable law or regulation. You acknowledge and accept that your account and Website (as applicable) may be deleted and your membership may be terminated without notice, if, at our sole discretion, we suspect that you are in violation of any of the above provisions.


Paid Services Some of the Services offered on granphic.com require payment of fees (“Paid Services“). If you elect to sign up for Paid Services, you agree to pay all applicable fees in connection with such Paid Services selected by you, as further described therein. You authorize GRANPHIC, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up for such Paid Services, whether directly or via third parties, at our discretion. It is hereby clarified, that all GRANPHIC rates and fees in connection with Paid Services or otherwise, exclude all taxes, duties, levies, fees, charges or tolls imposed by applicable taxing authorities, and you shall be fully responsible and liable in connection with payment of such taxes, duties, levies, fees, charges or tolls. You hereby agree to pay for any such taxes, duties, levies, fees, charges or tolls that might be applicable due to your use of the Services and payments made by you to GRANPHIC. GRANPHIC reserves the right to change its rates and at any time, by publishing the revised rates on granphic.com with no further notice.

Password By becoming a Member or a Website Creator you will also be requested to choose a password for your account. You are solely responsible for maintaining the confidentiality of your password, and fully responsible for all activities that occur under your account. You agree not to use the account, username or password of another User at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorized use of your password or account or any breach of security and understand that we reserve the right to take legal action against individuals who misuse accounts and memberships on granphic.com. In addition, You acknowledge.


Indemnity You agree to indemnify, defend, and hold harmless GRANPHIC, its subsidiaries, and affiliates, and their respective shareholders, officers, agents, co-branders or other partners, employees, and third party Paid Service providers from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising out of or relating to: (a) any Content you submit, post, transmit, link, or make available through granphic.com; or (b) your use or misuse of the Services; or (c) your connection to the Services; or (d) your breach or alleged breach of this Agreement; or (e) your violation of any rights (including intellectual property rights) of a third party. GRANPHIC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of GRANPHIC. GRANPHIC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.


Disclaimer of Warranties YOUR USE OF granphic.com, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. granphic.com, AND ALL WEBSITE CODE, PLATFORM CODE, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GRANPHICAND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. GRANPHIC AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT GRANPHIC.COM, OR ANY WEBSITE CODE, PLATFORM CODE, APIS, SERVICES, THIRD PARTY SOFTWARE, OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS, WILL BE CORRECTED, OR THAT GRANPHIC.COM, OR THE SERVER THAT MAKES granphic.com, AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GRANPHIC MAKES NO GUARANTEE REGARDING (A) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR WEBSITE, OR (B) THE COMPATIBILITY OF YOUR CODE OR ANY OTHER CODE WITH ANY GRANPHIC TECHNOLOGY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE AND LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL AS WELL AS DAMAGES OF GRANPHIC/OR THIRD PARTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GRANPHIC ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM granphic.com, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. GRANPHIC IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER ON granphic.com, PLATFORM, APPLICATIONS OR WEBSITES AND ASSUMES NO LIABILITY THERBY.


Limitation of Liability YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL IM CREATOROR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR: (A) ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, BUSINESS OR PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF IM CREATORHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE SERVICES, ANY WEBSITE OR PLATFORM; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY OF OUR GUIDELINES (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE SMALLER OF :(i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO IM CREATORBY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN IM CREATORAND RECEIVED BY YOU THROUGH OR ADVERTISED ON granphic.com OR RECEIVED BY YOU ON ANY THIRD PARTY SITES. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOT WITHSTADING THE ABOVE, YOU HEREBY WAIVE ANY AND ALL ADDITIONAL RIGHTS GRANTED TO YOU, TO THE EXTENT PERMITTED BY LAW AND YOU AGREE THAT THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED. 23. Changes to GRANPHIC Services GRANPHIC reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the GRANPHIC Services or any part thereof with or without notice. GRANPHIC will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. 24. Amendments We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time, without notice to you, by posting a revised version on www.granphic.com or elsewhere on granphic.com. The revised version will be effective immediately at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of granphic.com or any Website after posting of the changes constitutes your binding acceptance of such changes. However, if the revised version includes a material change, it will be effective for an existing User on the earlier of: (a) the date you accept it, and (b) 30 days after the material changes are initially posted to www.granphic.com or elsewhere on granphic.com. The revised version will apply to you immediately if you are a User who registers or first uses granphic.com on or after the posting of the revised version. 25. Term and Termination This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your account and end your use of granphic.com at any time and for any or no reason. GRANPHIC has the right (at its sole discretion) for any reason to: (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of granphic.com or any Website, and (ii) remove and discard any Content within any Website or anywhere on granphic.com, and (iii) shut down a Website, with or without notice, and with no liability of any kind to you. If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law. 26. Effects of Terminating Upon deactivating your account, this Agreement terminates and your access rights to granphic.com and any Websites immediately cease to exist. For Content you wish to delete from granphic.com, you can delete it by going to each of the Websites to which you’ve contributed. GRANPHIC is not responsible for deleting Content on your behalf and GRANPHIC will not have any obligation to assist you in migrating your data or your Website(s) off of granphic.com. Note that, even if Content is deleted from GRANPHIC’s active servers, it may remain in our archives (although we have no obligation to archive or back-up your Content) and we shall be under no obligation to preserve or delete such Content. GRANPHIC will have no obligation to refund any fees paid for Paid Services. 27. Survival The provisions under the following sections will survive termination of this Agreement for any reason: Sections 2, 4-9, 10, 12-17, 19-23, 25-30. 28. Law and Arbitration This Agreement shall be governed by the laws of the State of Israel without giving effect to any principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the competent jurisdiction located in Tel Aviv, Israel for the purpose of litigating all such claims or disputes. Without derogating from the above, any claim or dispute in connection with this Agreement shall be resolved in a cost-effective manner through binding non-appearance-based arbitration and has to be initiated within thirty (30) days after it arises, or the cause of action is barred. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction. 29. United States Export Controls You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations, as may be amended from time to time (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations, as may be amended from time to time (“ITAR”) maintained by the Department of State. Specifically, you agree that you shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any products, software or technology (including products derived from or based on such software or technology) received from GRANPHIC under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify, to the fullest extent permitted by law, GRANPHIC from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive the termination or cancellation of this Agreement. 30. General, You agree to comply with all policies applicable to GRANPHIC and granphic.com, and those of our third party Paid Service providers, which policies are either posted on granphic.com or provided to you by a link in these Terms of Service. In addition, you agree to comply with all applicable laws. The failure of GRANPHIC to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. The parties are independent contractors with respect to each other and nothing in this Agreement shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between GRANPHIC and you or between GRANPHIC and any Users of the Services. Your accounts are non-transferable. You may not delegate your duties under this Agreement or assign this Agreement, in whole or in part. GRANPHIC may assign this Agreement in whole or in part in its sole discretion without your consent and without notice. Any unauthorized use of any GRANPHIC computer system is a violation of this Agreement and certain federal and state laws. Such violations may subject you and your agents to civil and criminal penalties. This Agreement, including links to any third party Paid Service provider terms and conditions, constitutes the entire agreement between you and GRANPHIC and governs your use of granphic.com, superseding any prior agreements (whether written or oral) between you and GRANPHIC regarding the subject matter hereof. The other Users of granphic.com are intended third party beneficiaries of your obligations under this Agreement. GRANPHIC will not be liable for non-performance or delay in performance caused by any event beyond its direct control, including, but not limited to: internet failures, electrical power failure, strikes, labor disputes, labor or material shortages, wars, terror, acts of governmental authorities, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any “act of God”. It is hereby clarified that this provision is in addition to Section 22 (Limitation of Liability). Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.