August 2018

 This website is operated by Brannet Market, L.T.D  registered in the Commercial Registry of  Los Angeles, California

These terms of use (“Terms”) govern the access, browsing and use by the users (“User” or “Users”, as applicable) of this website and the websites run by EPIDAMNUS. referred to below (together referred to as the “Websites” and individually as a “Website”); as well as the services rendered through the Websites (“Service” or “Services”, as applicable) which include the download and use of certain content.

Accessing and using any of the Websites 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 any of the Websites.

Brannet Market. 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 Websites 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 Brannet Market. or by third parties.  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. OFFERED SERVICES

 

The Services offered by Brannet Market. comprise several services and applications for the global creative sector than can be accessed through the platforms that Brannet Market, operates and manages through the Websites, including any of their subdomains or sections currently offered or which may be offered in the future:

The User registered in any of the Websites may access the Services of the relevant Website and may also access the Services available in the remaining Websites which are provided free of charge, subject to an individual charge or to a subscription, depending on the offer available at the time the User registers or hires the relevant Service.

These are the Services available depending on the Website from which the User is accessing:

Services offered through Brannet Market:

Through the Brannet Market Website the User can search visual content, like vectors and illustrations, photos and images, psds and Photoshop files, vector icons, video contents and recordings (including the corresponding audio) in any format (“Brannet Market Website Content”), as well as specific information related to such content

The Services may offer, in the result of that search, contents owned by Brannet Market (“Brannet Market Content”), contents owned by third parties offered through the Brannet Market Website (“Brannet Market Collaborators Content”) as well as third-party content not offered free of charge (“Brannet Market Sponsored Content‘). Brannet Market Sponsored Content is duly differentiated and identified on the search results. Brannet Market Content and Brannet Market Collaborators Content shall be hereinafter referred to collectively as the “Brannet Market Free” and can be downloaded through the Brannet Market Website.

The Service may also offer, in the result of a search completed by the User, content offered by third parties freely available through the internet (Brannet Market Third Party Content‘).

Likewise, among the Services offered, Users are allowed to upload content to the Brannet Market Website to store, publish and make them available to other Users as Brannet Market Collaborators Content. The uploading of contents to the Brannet Market Website shall be done in the terms and following the procedure set out by Brannet Market, from time to time.

 

2. AUTHORISED USE OF THE WEBSITE

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

The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the Websites or third parties, particularly, the owners of the Collaborators Content, the Third Party Content or the Sponsored Content.

The User will not interfere with the functioning of the Websites 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 Websites or the Services, which may impact the security of the Websites or the Services, or which may in any way interfere with the Services offered by Graphic Resources S.L..  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 Websites or the Services in any way which is contrary to the ordinary use of the Websites or which infringes Graphic Resources S.L.’s interests, without its express prior authorization. Likewise, it is prohibited to obtain or attempt to obtain the contents of the Websites using any method or system not expressly authorized by Graphic Resources S.L. or which is not the ordinary method of accessing the Websites.

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 Graphic Resources S.L..

When providing the Services, the Websites can publish advertising either related or not to the searched contents or the Services, which is expressly accepted by the User.

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. If the User is a legal entity or business, its username must be its full name or corporate name and the person registering on behalf of the legal entity or business declares that he/she is duly authorized to bind such legal entity or business and that such legal entity or business shall be bound to these Terms.

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 Graphic Resources S.L. have reasons to suspect it, Graphic Resources S.L. 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 Graphic Resources S.L..

Graphic Resources S.L. may suspend or cancel the account of the User if it considers that the User has breached these Terms.

4. CONTENT

The Services allow Users to:

    • Search for content that may result in the Brannet Market Free.

 

    • Search for content that may result in Third Party Content and/or Sponsored Content.

 

    • Download Contents of the Websites Free.

 

  • Upload Collaborators Content for its storage, publishing and offer in the Websites or the Service, in the terms and following the procedure set out by Brannet Market, S.L. from time to time.

If you have any question regarding any content or believe that it infringes any right, that it does not comply with these Terms, or that is inappropriate, you can do so by contacting Graphic Resources S.L. as indicated in Section 7 or following the instructions provided on the Websites for a copyright complaint.

4.1. Third Party Content and Sponsored Content

Regarding the Third Party Content and Sponsored Content, the Website’s role is limited to complete the search requested by the User and to provide such content as a search result with a link to the relevant website together with specific related information. In some cases, in order to provide the User a better user experience and facilitate returning to the Services, the link can be presented within a Brannet Market frame, which can be removed by the User at any time.

Brannet Market is not the provider of the Third Party Content or the Sponsored Content and does not present itself as owner of such Content. Furthermore, displaying the search result and the link do not imply any relationship between Brannet Market and the third party responsible for the Third Party Content or Sponsored Content.

Brannet Market. does not select, examine, control, guarantee, approve, sponsor or identify itself in any form with the Third Party Content or the Sponsored Content resulting of the searches made by the Users. The Third Party Content and the Sponsored Content are the sole responsibility of the third parties that make them available to the public over the Internet.

The User will be able to access the corresponding third party websites and download the Third Party Content and/or the Sponsored Content under the terms and conditions established by such third parties. Brannet Market shall not be a party or be involved in any way in the relationship between the User and the corresponding third party. The User undertakes to read and comply with the terms and conditions established by such third parties for the download and use of the Third Party Content and the Sponsored Content.

Brannet Market is not a party and does not take part in the relationship between the User and the third party that offers the Third Party Content or the Sponsored Content, and is not directly or indirectly responsible for the performance, omissions, errors, negligence or breaches of the Users or such third parties. Any claim from the Users regarding the Third Party Content or the Sponsored Content must be addressed to the third parties, which offer them in the linked website.

4.2. Brannet Market Content

The Brannet Market Contents are offered under the conditions stated from time to time in the relevant Website (including, without limitation, restrictions to the number of downloads per day) and its use is allowed in the terms set out in Section 7 and/or in Section 8, as applicable.

4.3. Collaborators Content

Collaborators Contents are offered in the terms stated at the relevant time in the relevant Website (including, without limitation, daily download limits), and its use is allowed as stated in Sections 7 and 8, as applicable.

When offering Collaborators Content, Brannet Market acts as a mere intermediary between the User that downloads such content and the Collaborator, providing the User with the access and subscription to the Collaborators Content.

Brannet Market makes reasonable efforts in guaranteeing the lawfulness of the Collaborators Content. However, Brannet Market cannot monitor or control all such Collaborators Content. For such reason, the User acknowledges and agrees that Brannet Market shall not be responsible for evaluating the originality, the non-infringement of third party rights and the lawfulness of such Collaborator Contents and that Brannet Market does not guarantee nor is liable in respect of any such Contents, except for those cases expressly provided in the applicable regulations.

5. STORAGE AND OFFER OF COLLABORATOR CONTENT

Brannet Market only hosts the Collaborator Content and therefore Brannet Market has no obligation to edit, select, check, or control the Collaborator Content nor guarantees, approves or necessarily agrees with the Collaborator Content. If you wish to make an enquiry related to Collaborator Content or if you believe that the Collaborator Content violates any rights or does not meet these Terms, or is inappropriate, you can contact Collaborator Content as indicated below.

The Collaborator is responsible for the Collaborator Content provided to Brannet Market to be stored, published and offered to the Users through the Websites.

6. RESPONSIBILITY

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

The User will be responsible for any damages to Brannet Market. resulting from the User’s use of the Websites and the Services in breach of the Terms and accepts to indemnify Brannet Market and its directors, employees, agents and representatives from any liability in which they may incur resulting from the User’s breach of these Terms.

Brannet Market does not warrant the availability or continuity of the Websites and the Services, neither its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity.

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

    • Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not Brannet Market’s responsibility.

 

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

 

    • Third party actions.

 

    • Unavailability of the Websites and the Services due to maintenance or software updates.

 

  • Any other event beyond Brannet Market’s direct control.

SAVE FOR GRAPHIC RESOURCES, S.L.’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 WEBSITES AND THE SERVICES IS AT SOLE RISK OF THE USER AND GRAPHIC RESOURCES, S.L. SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND CAUSED TO THE USER AS A RESULT OF USING THE WEBSITES AND/OR THE SERVICES.

In accordance with Section 4 above regarding Third Party Content and Sponsored Content, Brannet Market acts exclusively as a provider of a search service as requested by the User, without assuming any responsibility for search results.

The insertion of links in the Services does not imply any relationship, recommendation or supervision by Brannet Market of the linked website and accordingly, Brannet Market, does not accept any liability in relation to the content of any linked website except in the specific circumstances provided by applicable law.

In accordance with Section 4 above, regarding the Collaborator Contents, Brannet Market acts exclusively as the provider of the intermediation service between the offer of Collaborator Contents and the Users interested in downloading them, without any liability in relation to such contents, except for those cases expressly stated by Law.

Brannet Market will make all reasonable commercial efforts in order to ensure the accuracy of keywords and descriptions, as well as the identification of Content as exclusively for editorial use or any equivalent expression. However, GRAPHIC RESOURCES, S.L. NEITHER WARRANTS NOR MAKES ANY REPRESENTATION REGARDING ANY KEYWORD, TITLE OR DESCRIPTION; OR THE IDENTIFICATION OR LACK OF IDENTIFICATION OF ANY VISUAL CONTENT AS EXCLUSIVELY FOR EDITORIAL USE. For this reason and notwithstanding any other liability limitation that may be applicable in accordance with these Terms, Brannet Market shall neither indemnify nor assume any liability in connection with any claim resulting from inaccurate keywords, titles or descriptions, or from the use of the visual content identified as exclusively for editorial use.

7. INTELLECTUAL PROPERTY

All intellectual property rights over the Websites, the Services, and/or the Websites Selection, its design, and source code, and all content included in any of them (including without limitation text, images, animations, data bases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to Brannet Market

Except as expressly authorized under Section 8, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or any other use of the Websites, the Services, the Websites Selection or any of its parts, is strictly forbidden.

The Third Party Content and the Sponsored Content are protected by intellectual property rights, as appropriate, and belong to their owners. Although the Services can locate and provide access to these Contents, its download and use is subject to the conditions set by the relevant third party. Brannet Market is not the owner and cannot grant any license or authorization in relation to the Third Party Content or Sponsored Content. The User must obtain authorizations that are, in each case, required to use any Third Party Content or any Sponsored Content.

If the third party holder of a Third Party Content or Sponsored Content does not want to be included in Brannet Market search results, the third party can contact Brannet Market as indicated in Section 10. Regarding a specific Third Party Content or Sponsored Content appearing as search result, you can use the copyright complain that appears next to the result.

If you believe that any content infringes third party rights or does not comply with these Terms, you can report it to Brannet Market, S.L. as set forth in Section 10. In addition, you can use the copyright infringement report system that is provided with any result in the Website.

8. USE OF THE WEBSITES SELECTION

Brannet Market authorizes the User to download and use the Websites Selection under the terms of this Section. Brannet Market and its licensors reserve all rights over the Websites Selection not expressly granted in this license to the User.

Brannet Market authorizes the User in a non-transferable, limited, non-exclusive, manner and on a worldwide basis for the duration of the relevant rights; to download, use and modify Content in the Websites Selection, in a device the User owns or controls and only for the purposes and uses allowed in these Terms.

The User may use the content in the Brannet Market provided that it: (i) does not involve collective use, (ii) the content in the Brannet Market Free is not used in a manner that suggests an association or endorsement by Graphic Resources or the Websites,  (iii) the content in the Brannet Market any derivative work is not used or included (in whole or in part) in a database, archive or in any other media/stock product, collection, set of clips, or library, for distribution or resale or used in any other way that could prevent or limit future visits or downloads from the Websites (iv) does not resell, assign, transfer or sublicense the content in the Brannet Market or any derived work from a Content in the Brannet Market (v) does not use the content in the Brannet Market in printed or electronic items (e.g. t-shirts, cups, postcards, birthday or greeting cards, invitations, calendars, web models or electronic devices, apps, videogames, advertising spots, audiovisual animations) aimed to be resold, in which the content in the Brannet Market is the main element (because of size, relevance or any other cause, in case of doubt about whether the content is main element, it shall be deemed that the content is main element), (vi) does not use the content in the Brannet Market (totally or partially) in any trademark, logo or part of the same, o which may be used by any other mean to guarantee or to imply a guaranty of any product and/or service, unless the content in the Brannet Market used in such cases is modified in such a way as to be a new and different content not confusingly similar with the original content in the Brannet Market or implies a use of the content in the Brannet Market as a template or test, and not as a final item or material; (vii) does not make any use of the content in the Brannet Market which might be considered defamatory, libelous, obscene, immoral or illegal, including, without limitation, using it in a way that places any person appearing in the content in the Brannet Market in a negative light or depicts them in a way that they may find offensive such as the use in; pornography; ads for escort or similar services; political endorsements, birth control products; and (viii) does not make any use of the content in the Brannet Market to slander, libel or to vilify; a person, race, sex, culture, religion, country, region, town, village or any other place.

When any Content of the Brannet Market is marked or identified as for editorial use, or when within the same there are logos, recognizable products, public buildings, public events or images taken in places where recognizable persons appear on the background, the User shall only be entitled to use it for such editorial use. This means that in such cases the User undertakes not to use that Content in any manner that entails advertising, marketing or commercialization of any product or service. The User shall be directly liable and Brannet Market. shall not assume any liability as a result of the use for commercial purposes by the User of any Content of theBrannet Market, which according to this paragraph should be for editorial use only.

The authorization to use the content in the Brannet Market shall be free provided that any use of the Content in the Brannet Market by the User is credited to the relevant Website as stated by Brannet Market from time to time.  In order to benefit from the Service to use the content in the Brannet Market without the credit to the relevant Website, the User must purchase a subscription (hereinafter, the “Subscription”) in the relevant Website and download the content in the Brannet Market during the term of any such Subscription. Conditions in Section 9 shall apply to the purchase of the Subscription.

It is forbidden for an User to authorize any third parties to use the Websites Selection (or any modification of any content in the Websites Selection). As an exception to the prohibition, the User may allow third parties to use the content in the Brannet Market, when each and every of the following conditions are met:

    • The third party has professionally instructed the User to produce goods or provide services to it/him/her and the User uses a limited number of items within the Content in the Brannet Market to produce such goods or provide such services to the instructing third party;

 

    • The authorization granted by the User to the third party is in writing and complies with every restriction of the User’s authorization to use the relevant Content in the Brannet Market and includes, without limitation, a restriction for the third party to distribute, resell or license the relevant content in the Brannet Market(i.e. the third party is the final user of the relevant content in the Brannet Market;

 

    • none of the Contents in the Brannet Market which are subject to the authorization are used as the main element (because of size, relevance or any other cause, in case of doubt about whether the content is main element, it shall be deemed that the content is main element) in printed or electronic items (e.g. t-shirts, cups, postcards, birthday or greeting cards, invitations, calendars, web models or electronic devices, apps, videogames, advertising spots, audiovisual animations) aimed to be resold by the third party;

 

    • the production of goods or provision of services by the User to the third party is not done by automatic means, it is tailor made for the third party (and therefore its use is not authorized by the User to any other third party) and requires a specific substantial human intervention from the User in relation to each third party; and

 

  • the User -and not the third party- chooses the specific items within the Content of the Brannet Market to be used in the production of goods or provision of services for the third party.

When all of the above conditions are met, the User shall be entitled to authorize  a third party to use the relevant content in the Brannet Market. This exception refers only to the prohibition for the User to authorize third parties to use  the content in the Brannet Market without affecting or limiting in any way the remaining conditions of the User’s right to use the Websites Selection. Whether the above conditions regarding the exception to the prohibition for Users to authorize third parties to use the content in the Brannet Market are met shall be interpreted restrictively so that, in case of doubt, it shall be deemed that the conditions are not met.

The User does not acquire any right as a result of the use of the content in the Websites Selection. In particular, the User is not authorized to distribute, resell or rent any content in the Websites Selection (or any modification of any content in the Websites Selection).

The User rights under this Section will end automatically without any notice if the User breaches any of the Terms. In case of termination of the rights hereunder, the User shall cease using content in the Websites Selection and will destroy every copy, whether total or partial, thereof.

9. CONDITIONS FOR THE SUBSCRIPTION

The terms in this Section (the “Subscription Terms”) govern any purchase of any Subscription in the Websites. When concluding the purchase procedure for any Subscription, it shall be deemed that the User has read and accepted, without exception, the Subscription Terms.

These Subscription Terms are available to the User before the purchase of the Subscription and may be stored or reproduced on a durable medium.

The Subscription Terms are available in English. In case the User is interested in purchasing any Subscription, it has to follow the instructions available in the relevant Website from time to time.

The Subscriptions available are offered in the relevant Website where the relevant information, price and conditions are included (including, without limitation, restrictions to the number of downloads each day). Brannet Market 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 Websites 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 relevant Website and includes, if applicable, the relevant Value Added Tax. Brannet Market is entitled to modify the price for any Subscription at any time. Brannet Market shall apply the price stated in the relevant 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/debit card, as stated in the relevant Website. To purchase and pay the Subscription, the User shall follow the instructions stated in the relevant Website. The processing of the payment information and data through Paypal or credit/debit card is made within third parties sites. When ordering any Subscription, the User authorizes Brannet Market to collect the corresponding price through the chosen payment method. The Subscription shall not be activated until Brannet Market. 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.

Unless otherwise stated in these Subscription Terms, the Subscriptions shall be automatically and successively renewed at the expiration of its term, unless the User cancels the renewal of the Subscription before its expiration. Brannet Market shall charge the corresponding price by the same initial payment method. Brannet Market may modify the price for the renewal of the Subscription, provided that the User is informed with, at least, one-month prior notice.

Once the User purchases the Subscription, the screen shall confirm the purchase. In addition, within the shortest time reasonably possible and not after twenty four (24) hours since the acceptance of the order, an email shall be sent to the User with the receipt of the purchase. The receipt may be stored and printed. The User may request and download an invoice as stated within the Website 24 hours after making the relevant payment.

After the purchase of the Subscription, the User may benefit from the following:

    • The Service consisting in using the content in the Brannet Market without crediting the relevant Website. The rest of conditions stated in Sections 7 and  8 shall still be applicable.

 

    • Access all contents available in the Brannet Market.

 

    • Use the Brannet Market without advertisement displaying.

 

  • Not to be subject to the restrictions as to number of content downloads applicable to the Brannet Market from time to time, without prejudice to the application of certain restrictions to the number of downloads aimed at preventing a fraudulent or abusive use of the Websites.

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

10. CHANGES AND CLOSURE OF THE WEBSITE

Brannet Market may, at any moment, and without incurring in any responsibility towards the User, modify the content of the Websites or the Services, limit or modify the conditions or cease to provide some or all the Services and features available or deactivate and delete all or some of the User accounts and their corresponding information. However, Brannet Market will comply with its obligations regarding the keeping of records in relation of certain transactions for the relevant period as provided by applicable law or refund the Users of Subscriptions in force at that time with the proportional part of the price not accrued before the termination.

11. GENERAL AND CONTACT INFORMATION

The use of the Websites and the Services shall be governed by California Law. Except for those cases in which applicable regulations impose a specific jurisdiction, any dispute in connection with these Terms shall be resolved by the Courts of Malaga, and the Parties waive expressly any other applicable jurisdiction.

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.

You may contact Brannet Market for any query or claim in:

www.brannetmarket.com/contact

 

Within the “contact” section in the Menu.