F&S Graphics

Website Terms of Use

THE FOLLOWING TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND F&S Design Studio. ("F&SDS"). F&SDS IS IN THE BUSINESS OF PRODUCING VECTOR-BASED GRAPHICS & ILLUSTRATION FOR ROYALTY FREE GRAPHICS ("Graphic"). PLEASE READ THIS OF USE ("Agreement") BEFORE USING THIS SITE ("Website"). BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE AGREEMENT. If you do not agree, please do not use this Website.

Privacy Policy

F&SDS’s Privacy Policy, as it may change from time to time, is a part of this Agreement. For more information, see the full Privacy Policy here.

Payments

You represent and warrant that if you are purchasing Graphic from F&SDS or from its business partners that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by You will be honored by your credit card company, and (iii) You will pay the charges incurred by You at the posted prices, including any shipping fees and applicable taxes (if applicable).

Third-Party Services

F&SDS may use third parties to provide certain services accessible through the Website. F&SDS does not control those third parties or their services, and you agree that F&SDS will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as this Agreement when you use this Website. If any such terms or policies conflict with this Agreement or policies, you must comply with this Agreement or policies, as applicable.

Refund Policy

F&SDS offers non-tangible irrevocable goods. NO REFUNDS are issued once the order is accomplished. As a customer you are responsible for understanding this upon purchasing any Graphic at this Website. F&SDS only makes exceptions with this rule when there is a technical problem with the Graphic files or the Graphic appears to be not-as-described on a case by case basis in agreement of the parties concerned. In such cases, replacements or substitutions will be arranged. Requests for a refund are accepted within the period of 1 week after the order is placed. You should accompany this request with detailed and grounded reasons why you apply for a refund.
It is your responsibility to familiarize yourself with this Refund Policy. By placing an order for any Graphic at this Website, you indicate that you have read this Refund Policy and that you agree with and fully accept the terms of this Refund Policy. If you do not agree with or fully accept the terms of this Refund Policy, please do not place an order with F&SDS.

Submissions

All suggestions, ideas, notes, concepts and other information you may from time to time send to F&SDS (collectively, "Submissions") shall be deemed and shall remain the sole property of F&SDS and shall not be subject to any obligation of confidence on its part. Without limiting the foregoing, F&SDS shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

Links to the Website

Creating or maintaining any link from another website to any page on this Website without F&SDS prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without F&SDS prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rules and regulations.

Limitation of Liability

F&SDS shall not be liable for any special, incidental, indirect or consequential damages of any kind that may result from the use of, or the inability to use, the materials on this Website or the performance of the Graphic purchased through the Website, even if F&SDS has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless F&SDS and its affiliates, owners, employees and artists against any losses, expenses, damages and costs, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, resulting from any violation of this Agreement, the use of this Website and the use or the inability of use of any Graphic, your failure to abide by any restriction regarding the use of the Graphic, or any claim by a third party related to the use of the Graphic.

Termination and Suspension

F&SDS reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Website, at any time for any reason without prior notice or liability. F&SDS may change, suspend or discontinue all or any aspect of the Website at any time, including the availability of any feature or Graphic without prior notice. You agree that F&SDS shall not be liable to you or to any other party for such cancellation, withdrawal, termination or suspension.

Copyrights & Trademarks

The entire content included in this Website, including but not limited to text, graphics and other material displayed on or that can be downloaded from it (collectively, "Content") are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights and may not be used except as permitted in this Agreement or in conjunction with F&SDS licensing agreement. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website. The Contents of this Website are © 2007, F&S Design Studio, or its affiliates and business partners. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of the Website for the sole purpose of placing an order with F&SDS or purchasing F&SDS products. You may not modify the information or materials displayed on or that can be downloaded from this Website or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any other use, including but not limited to the reproduction, distribution, display or transmission of the Content of this site is strictly prohibited, unless authorized by F&SDS. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the site.

Infringement Claims

F&SDS takes its own intellectual property rights seriously and respects the intellectual property rights of third parties. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide F&SDS with a notification that contains the following information:

Identification, in detail, of the copyrighted work you claim has been infringed.
Identification of the material you claim is infringing the copyrighted work, in sufficient detail to enable F&SDS to locate the material.
Your contact information, including name, address, telephone number, and email address.
Your statement that you have a good faith belief that use of the material in the manner you complain of is not authorized by the copyright owner, its agent or the law.
Your statement that all information contained in your notice is accurate and that, under penalty of perjury, you are either the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your physical or electronic signature, if you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, or such owner's physical or electronic signature.

Please direct your notice to our Customer Service.

Disclaimers

THE INFORMATION FROM OR THROUGH THIS WEBSITE IS PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. F&SDS AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, F&SDS AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND F&SDS. F&SDS AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM F&SDS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

CERTAIN GRAPHIC MAY BE SUBJECT TO ADDITIONAL COPYRIGHTS, PROPERTY RIGHTS, TRADEMARKS ETC. AND MAY REQUIRE THE CONSENT OF A THIRD PARTY OR THE LICENSE OF THESE RIGHTS. F&SDS DOES NOT REPRESENT OR MAKE ANY WARRANTIES THAT IT OWNS OR LICENSES ANY OF THE MENTIONED, NOR DOES IT GRANT THEM. IT'S YOUR SOLE RESPONSIBILITY TO MAKE SURE THAT YOU HAVE ALL THE NECESSARY RIGHTS, CONSENTS AND LICENSES FOR THE USE OF THE GRAPHIC.

Miscellaneous

The failure of F&SDS to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the other provisions of the terms and conditions shall continue in full force and effect.

Any rights not expressly granted herein are reserved.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the United States of America. By accessing this website and/or using the services provided herein by F&SDS, you hereby consent to the exclusive jurisdiction of the United States courts in all disputes arising out of or relating to the use of this Website. F&SDS makes no representation that the materials, information, functions and/or services provided on this Website are appropriate or available for use in jurisdictions other than the United States.

Additional Assistance

If you have any questions about this Agreement or the Website, please contact our Customer Service.