Terms and Conditions
OVERVIEW
This website is operated by GFXGOAL, a brand by GFXGOAL Oy (registered in ALGERIA ). GFXGOAL Oy’s residential address is ORAN,ALGERIA. Throughout the site, the terms “we”, “us” and “our” refer to GFXGOAL Oy. GFXGOAL offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, sellers, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
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, or that you are 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 this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We are not responsible for incidents caused by the items purchased and/or downloaded from our site. We cannot be held responsible for faults that might happen after installing, downloading or using the items.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. Prices are set by sellers.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Items sold under our website are by us or 3rd party sellers and are offered with a corresponding license by us. The license is stated on the product page. We don’t hold any copyright to items sold on our website. All rights are held by the seller. We’re a middleman, providing the license, purchase, and transfer of files.
SECTION 5.1 REGISTERING AN ACCOUNT
By default and to ease the delivery of digital files, we only ask an email address during the registration and automatically generate a password for you. We send this password to your email address. We recommend changing this password.
SECTION 5.2 AUTOMATIC ACCOUNT CREATION DURING THE CHECKOUT
At the checkout, if you haven’t registered and logged in, we might automatically register you an account with your email address after a successful payment. This way we can securely store your digital files in your account for later downloading. The password will be sent to your email address. We recommend changing this password as soon as possible. Otherwise, we allow you to add your own password during checkout and/or account creation.
SECTION 5.3 FILE DELIVERY
The purchased item will include a downloadable file(s), that are provided at least as one of these ways; by e-mail, your GFXGOAL account area or order page. To securely delivery the file, email and order links only work for a short period of time. You may still access the file on your GFXGOAL account. We’re not responsible for network or downloading problems that arise by the customer end.
SECTION 6 – GFXGOAL SUBSCRIPTION
6.1 BASIC TERMS
GFXGOAL Subscription is a monthly subscription that renews the initial payment monthly to give access to subscription items. GFXGOAL subscription items are tagged with a “✦ SUBCRIPTION” banner. Subscription items are items that are available for GFXGOAL Subscribers for a monthly recurring fee. Not all products on GFXGOAL are included in GFXGOAL Subscription. We also host a lot of individual items that can only be purchased individually.
Although GFXGOAL Subscription offers unlimited downloads, you may not scrape or create a bot that downloads more than a human possibly can. We terminate accounts, without a refund, who breaks this term. We reserve a right to modify new and ongoing GFXGOAL Subscriptions with a limit of 750 downloads per month if we see a continuous misuse of this term.
6.2 LICENSE
All items downloaded under a GFXGOAL Subscription plan are covered with our standard license and are for one seat aka one user. Owners of GFXGOAL Subscription can use all subscription items in an unlimited number of projects. In individual item purchases, this is restricted to 1 project* per purchase, but with GFXGOAL subscription there is no such restriction. Other standard license terms apply to GFXGOAL Subscription as they apply to individual purchases.
*not including installable items, like fonts, add-ons and presets which can be used in unlimited projects and for unlimited sales of end products
After the cancellation of a monthly subscription, the downloaded subscription items aren’t allowed to be used in new projects anymore. An ongoing subscription is needed for new work to be created. Old projects are still covered within our standard license if the project was started before the subscription ended.
6.3 DOWNLOADING
Subscription items can be directly downloaded on the product page. No need to go through the checkout. The subscription items show a $0.00 price for GFXGOAL Subscribers.
6.4 GUARANTEE
Subscription items are set and maintained by the individual sellers on GFXGOAL. We don’t guarantee any availability of these items as our sellers have the ability to edit and/or remove the products or set them off from GFXGOAL Subscription. If there’s a specific item that you subscribed for, please download it immediately after a confirmed subscription to secure your download. We cannot offer a refund if your preferred item has been removed from GFXGOAL subscription.
6.5 PAYMENT
The payment can be made with a credit card or with PayPal. This is a monthly ongoing recurring subscription price which we will keep charging until cancellation by the customer is made or the payment service declines our charging attempt. We will attempt a charge even if the credit card is expired as that’s considered a normal credit card policy. If the payment has been confirmed, it cannot be terminated and if the user doesn’t want to keep paying, cancellation before the next payment date must be done beforehand. We cannot issue any refunds after payment has been done.
6.6 CANCELING
The customer may cancel a subscription before the next payment date if the customer doesn’t want to pay for the service anymore. The cancellation must be made on the customers GFXGOAL account. If the customer is not able to access the account, immediate contact to us is necessary for a manual cancellation.
You will lose access to download subscription items when the current plan (monthly or yearly) will end. You may not use the downloaded products for new projects/designs anymore. You will also lose access to download product updates. Any existing projects/designs, where you’ve used GFXGOAL Subscription items, are still covered by our standard license.
6.7 REFUND POLICY
Due to digital product handling, we don’t offer refunds for GFXGOAL Subscription. Offering a refund for a digital subscription could be misused heavily.
SECTION 7 – PROMOTIONS
By creating an account with us, you’ll give us a permission to use your information to contact you for administrational and promotional purposes. We’ll send you promotion email newsletters and review requests after you purchases. All our promotional email include an unsubscribe link which gives you an option to opt out of these emails.
SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 9 – OPTIONAL TOOLS
We may provide you with access to third-party tools over 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 and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11.1 – REVIEWS
You may add a review to the product. By purchasing a free or paid product from our site we reserve a right to ask you to review the product(s) via email in order to create a better marketplace. In reviews, we expect you to be polite and review the product(s) in a respectful manner. In cases where the review doesn’t correlate with the product, or points more to our marketplace, we reserve a right to modify or delete the review in order to support our sellers and keep the product reviews accurate to the product quality/functions. In case of a download issue or other than product issue, please contact us via support.
SECTION 12 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 – LICENSES
All items on our website are sold with the corresponding license. This license limits the behavior you can use the item in. Available license(s) are stated on the licenses -page.
All files are provided and owned by the sellers. The seller of the specific item can be found on the item page.
You may not use items in any way that isn’t allowed by the purchased license. You may not resell, redistribute or share the items with other users/customers without a permission by the seller of the item. You may not sell or transfer the license you own.
SECTION 16 – SELLER TERMS
Seller owner terms are stated on the seller terms -page.
SECTION 17 – AFFILIATE TERMS
By registering an affiliate account with us, you accept these terms. You will earn by the commission percent stated in your affiliate account. You will earn a commission every time a customer coming from your link buys something on GFXGOAL. Your earnings will be calculated from the total of the order excluding taxes and shipping costs. In the case of multiple affiliates, only the affiliate with the first referral link is awarded the affiliate commission.
Cookie of affiliate link lasts 30 days and terminates after this period or when the user clear cookies or when another later affiliate cookie is being used. We reserve a right to use our own affiliate links in our promotions on our newsletters and other promotions.
Sellers who are also affiliates, are not allowed to use their referral links in their product and/or shop description as this interferes with our other affiliates. We reserve a right to terminate our affiliate contract with you in case violation of this rule.
Please only promote in websites, social media and blogs that you have proper rights to do so. No promotions on nudity or hacking sites. We reserve a right to modify, cancel or terminate our affiliate program and terms in any violation or in any case.
SECTION 17.1 – AFFILIATE COMMISSION
The standard commission rate on regular sales for affiliates is 50% of the price paid by the customer, excluding taxes. It applies to all regular purchases by customers who have followed your referral link to GFXGOAL within the preceding 30 days (this includes repeat sales to the same customer!).
SECTION 17.2 – AFFILIATE COMMISSION ON SHARE & EARN BUNDLE
Affiliate commission is 40% on share & earn bundles.
SECTION 17.3 – AFFILIATE COMMISSION ON GFXGOAL SUBSCRIPTION
Affiliate commission is 50% on monthly subscription sales (up to 12 months) or 50% commission on one annual payment.
SECTION 17.4 – SELLER AND AFFILIATE PAYOUTS
To qualify for a payout, a user needs to have a minimum of $100 in earnings. Seller and affiliate payouts are made separately so each has their own $100 limit. Payouts are handled between 15th and 20th of each month.
SECTION 17.5 – SITEWIDE PROMOTIONS AND PARTNER ACQUISITIONS
We reserve a right to promote single products alone or in a bulk with discount codes up to 20% in order to drive more customers to GFXGOAL. We reserve a right to test GFXGOAL Subscription’s pricing point with varied pricing models, including coupon codes, free trial periods and limited downloads to attract new customers or retain canceled orders. We reserve a right to offer testing periods of GFXGOAL Subscription without a cost to partnered social media influencers, bloggers and other considerable promotion sources for up to 12 months in order to drive more traffic through their followings and audiences. We do all of this to widen our audience and do it at high consideration to attract users who wouldn’t normally become our customers.
SECTION 17.6 – COUPON CODES AFFECT TO AFFILIATE VALUE
When a coupon code is applied to the order, the affiliate commission will be calculated from the price after the coupon has been applied.
SECTION 18 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Studio October Oy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 19 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Studio October Oy and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 20 – 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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 22 – 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 and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 23 – 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 ALGERIA.
SECTION 24 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
