Effective August 5, 2019
If someone else might own the copyright to content, do not upload it to Grafiti.
Do not upload gore, "hate speech" (i.e. demeaning race, gender, age, religious or sexual orientation, etc.), or material that is threatening, harassing, defamatory, or that encourages violence or crime.
Do not upload illegal content such as child pornography or nonconsensual ("revenge") pornography.
Do not hotlink to adult content or to file-sharing, gambling, torrent, warez, or Grafiti rip-off sites.
Do not impersonate someone else.
Do not use Grafiti to host content libraries you link to from elsewhere, content for your website, advertising, avatars, or anything else that turns us into your own personal content delivery network. If, in our sole discretion, we deem you are violated our Terms or engaging in any illegal activities, in addition to any other legal rights we may have, we will ban you along with the site you're hotlinking from, delete all your content, report you to the authorities if necessary, and prevent you from viewing any content hosted on Grafiti. We take compliance with all local, national, and international laws, rules, and regulations very seriously.
When you upload content, you expressly agree to make that content publicly available, and such content may be featured in content feeds, or be displayed anywhere within the Grafiti platform and network. If you link you content and/or user account to a third-party social network, then the content you upload may appear in a linked social network, such as Facebook, Instagram, Twitter, and the like.
By uploading a file or other content or by making a comment, you represent and warrant to us that (1) doing so does not violate or infringe anyone else's rights; and (2) you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms. With regard to any file or content you upload to the public portions of our site, you grant Grafiti a non-exclusive, royalty-free, perpetual, irrevocable worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or content. To the extent that you delete any such file or content from the public portions of our site, the license you grant to Grafiti pursuant to the preceding sentence will automatically terminate, but will not be revoked with respect to any file or content Grafiti has already copied and sublicensed or designated for sublicense. Also, of course, anything you post to a public portion of our site may be used by the public pursuant to the following paragraph even after you delete it.
By downloading an image or copying other user-generated content (“UC”) from Grafiti, you agree that you do not claim any rights to it. The following conditions apply: You may use UC for personal, non-commercial purposes. You may use UC for anything that qualifies as fair use under copyright law, for example journalism (news, comment, criticism, etc.), but please include an attribute ("Grafiti" or "courtesy of Grafiti") next to where it is displayed. You may not use UC for non-journalistic commercial purposes. Your use of UC is at your own risk. Grafiti MAKES NO WARRANTIES OF NON-INFRINGEMENT, and you will indemnify and hold Grafiti harmless from any copyright infringement claims arising out of your use of the UC. (See our general disclaimers below.) You may not copy or use any portions of our site that are not UC except within the limits of fair use.
NOTICES OF CLAIMED COPYRIGHT INFRINGEMENT (OR OTHER TYPES OF INFRINGEMENT)
If you see anything on our site that you believe infringes your copyright rights, you may notify our Digital Millennium Copyright Act ("DMCA") agent by sending the following information:
- Identification of the copyrighted work or works claimed to have been infringed. IMPORTANT: please include your copyright registration number. If your work is not yet registered, please include a copy of the application to register the work that you filed with the Copyright Office. A copyright infringement claim based on a U.S. work can only be filed if the work has been registered (http://www.copyright.gov/eco/).
- Identification of the material on our servers that is claimed to be infringing and that is to be removed, including the URL or other information to enable us to locate the material.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you as copyright owner, or by your agent, or by law.
- A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner (or authorized to act on behalf of the owner) of the exclusive copyright right that is allegedly being infringed.
- Your physical or electronic signature, or of someone authorized to act on your behalf.
- Instructions on how we may contact you: preferably email, but also address and phone.
Because a high percentage of DMCA takedown notices are not valid, Grafiti reserves the right to ignore DMCA notifications based on unregistered works.
Grafiti Inc. 109 S. 5th Street, Suite LG102 Brooklyn, NY 11249
Use the same procedure for any claimed trademark violations or other infringements. If we receive a DMCA takedown demand for material you posted that we believe constitutes fair use, we will attempt to notify you if we have your contact info; otherwise we are under no obligation to notify you regarding the removal. We reserve the right to refuse to remove any material that in our view constitutes fair use. If we identify you as a "repeat infringer," we will block or remove your images and terminate any accounts you have with us. (If we notify you of a DMCA removal and you respond with a legitimate counter-notice, that won't count toward being a repeat infringer.) Keep in mind that we reserve the right to remove any content at any time whether or not it infringes or violates any of our policies.
DISCLAIMER OF WARRANTIES, LIMITATIONS OF REMEDIES, INDEMNITY
Although of course we strive to make Grafiti as dependable as possible, Grafiti's services are provided on an AS IS – WITH ALL FAULTS basis. Your use of our service is entirely at your own risk. We do not guarantee the availability of our service at any given time, or the reliability of our service when it is running. We do not guarantee the integrity of, or the continued availability of, files on our servers. Whether we make backups, and if so, whether restoration of those backups will be available to you, is at our discretion. GRAFITI DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. NOTWITHSTANDING ANYTHING ELSE STATED IN THESE TERMS, AND IRRESPECTIVE OF WHETHER Grafiti TAKES OR DOES NOT TAKE MEASURES TO REMOVE INAPPROPRIATE OR HARMFUL CONTENT FROM ITS SITE, GRAFITI HAS NO DUTY TO MONITOR ANY CONTENT ON ITS SITE. GRAFITI DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR HARMLESSNESS OF ANY CONTENT APPEARING ON GRAFITI.IO THAT IS NOT PRODUCED BY GRAFITI, INCLUDING BUT NOT LIMITED TO USER CONTENT, ADVERTISING CONTENT, OR OTHERWISE.
Your sole remedy for the loss of any services and/or of any images or other data you may have stored on Grafiti's service is to discontinue your use of our service.
GRAFITI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, GRAFITI'S SERVICES, EVEN IF Grafiti HAS BEEN ADVISED OF OR REASONABLY SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NO CAUSE OF ACTION ARISING OUT OF YOUR USE OF GRAFITI'S SERVICES MAY BE BROUGHT MORE THAN ONE YEAR AFTER IT OCCURS. YOU WILL INDEMNIFY AND HOLD Grafiti AND ALL OF ITS PERSONNEL HARMLESS FROM ALL LOSS, LIABILITY, CLAIMS, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE TERMS, YOUR INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS, AND ANY HARM CAUSED TO ANY THIRD PARTY AS A RESULT OF YOUR UPLOADING OF FILES, COMMENTS, OR ANYTHING ELSE TO OUR SERVERS.
Miscellaneous "Grafiti" or "we" refers to Grafiti, Inc., a Delaware corporation, and its successors and assigns. "You" refers to any person who has consented to these terms or has become contractually bound to them, whether such person is identified or not at the time. These terms are governed by Delaware law, excluding its conflicts of law principles, and if there is a lawsuit between you and Grafiti, jurisdiction and venue will lie exclusively in the jurisdiction where the Grafiti is located. If any part of these terms is invalid, the remaining provisions will be unaffected. These Terms constitute the entire agreement among the parties relating to this subject matter, and they will continue to govern any issues that arise out of your use of Grafiti's services even after you discontinue using them. We may revise these terms from time to time without notice. Whenever we do so, we will so indicate by changing the version date at the top. Any changes apply as of the time they are posted. Grafiti is not meant for use by children under age 13; if your child is younger than 13 please allow him or her to use it only under your supervision. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.