Last Update: August 2021
Welcome to gfxroom.com
This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Gfxroom services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request to email@example.com
The original language of these Terms of Service, as well as all other texts throughout the Site, is English. Gfxroom makes available this translation for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
Buyers are users who purchase Services/Gigs on Gfx room.
Custom Offers are exclusive proposals that a seller can create in response to specific requirements of a Buyer.
Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.
Disputes are disagreements experienced during an order between a Buyer and Seller on Gfxroom.
Gfxroom Balance is the aggregated amount of your Revenue as a Seller and/or returned payments from canceled orders as a Buyer.
Gfxroom Credits are credits that Gfxroom may provide users to be used only for purchases on Gfxroom, subject to these Terms of Service or any other applicable laws and/or terms.
Service Extras are additional services offered on top of the Seller’s Gig/Service for an additional price defined by the Seller.
Service Packages allow Sellers to offer services at different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price of over $5.
Service Page is where the seller can describe their Service and the Service’s terms, and the Buyer can purchase the service and create an order.
Service / Gigs are services offered on Gfxroom by Freelancers.
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Gig.
Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s Gig Page.
Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the Gfxroom platform, including with respect to the collection of funds from Buyers in connection with purchases, remittance and withdrawal of funds to Sellers, currency exchange services in connection with payments in local currencies, and the holding of funds in connection with Gfxroom Balances.
Revenue is the money that Sellers earn from completed orders and can either withdraw or use to purchase on Gfxroom, subject to these Terms.
Sellers are users who offer and perform services through Gigs/Services on Gfxroom.
Overview (Main terms, in a nutshell)
- Only registered users may buy and sell on Gfxroom. Registration is free.
- Services on Gfxroom may be offered at a base starting price of $5. Some Gigs are offered at a base price of more than $5 as determined by the Seller.
- Buyers pay Gfxroom in advance to create an order (see Purchasing Section below regarding payment terms).
- Orders are purchased through the Order button found on a Seller’s Gig page or through a Custom Offer.
- For fees and payments please read the purchasing section here.
- Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
- Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Gig Extras, or selling their Gig in multiples.
- Users may not offer or accept payments using any method other than placing an order through Gfxroom.com.
- When purchasing a Service, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Service page. Note: some Service charge additional payments (through Service Extras) for Commercial Use License.
- Gfxroom retains the right to use all published delivered works for Gfxroom marketing and promotion purposes.
- Users undertake to comply with Gfxroom’s Community Standards, which are a set of behavior rules and guidelines, applicable to the Gfxroom community and marketplace in addition to these Terms of Service, as updated from time to time.
- Gfxroom offers its users the Logo Maker, which allows certain Sellers to offer various original logo designs for Buyers to adjust and customize per their own specific needs, using special automated design tools. Through the Logo Maker, Buyers purchase full commercial use rights to the Logo Design embedded with their brand name.
- Sellers create Services/Gigs on Gfxroom to allow Buyers to purchase their services.
- Sellers may also offer Custom Offers to Buyers in addition to their Services/Gigs.
- Each Gig you sell and successfully complete, accredits your account with a net revenue of 80% of the purchase amount.
- Gfxroom accredits Sellers once an order is completed. See our “Orders” section below for a definition of a completed order.
- If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s Gfxroom Balance.
- Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers and Pro Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.
- Sellers may not promote their Services/Gigs or any Gfxroom content via the Google Ads platform.
- Sellers may withdraw their revenues using one of Gfxroom’s withdrawal options.
- The Seller’s rating is calculated based on the order reviews posted by Buyers. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
- For security concerns, Gfxroom may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Buyers, or associating multiple Gfxroom accounts to a single withdrawal provider.
- Sellers are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on the Gig page or on the Logo Maker order page is inclusive of all such taxes and charges that may apply to the Sellers.
- Appointment as Limited Payment Collection Agent: Seller hereby appoints Gfxroom as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Seller agrees that payment from Buyer to Gfxroom shall be considered the same as payment made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Gfxroom (or its Payment Services Provider, as applicable), and Gfxroom (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that Gfxroom (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Gfxroom and not the Buyer directly. Seller agrees that Gfxroom may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that Gfxroom may deem necessary or prudent.
- Gfxroom partners with Payment Services Providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Gfxroom Balances. All payments services in connection with the withdrawal of funds on the Gfxroom platform are performed by Gfxroom’s Payment Services Providers.
- Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
- Sellers are allowed to post a select amount of active Services/Gigs based on their Level status.
- 7 Services/Gigs for Sellers without a Level status.
- 10 Services/Gigs for Level 1 Sellers.
- 20 Services/Gigs for Level 2 Sellers.
- 30 Services/Gigs for Top Rated Sellers.
- Services/Gigs created on Gfxroom are User Generated Content.
- Services/Gigs and/or users may be removed by Gfxroom from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent services
- Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy found here
- Adult oriented services, Pornographic, Inappropriate/Obscene
- Intentional copies of Services/Gigs
- Spam, nonsense, or violent or deceptive Services/Gigs
- Services/Gigs misleading to Buyers or others
- Reselling of regulated goods
- Offering to prepare academic works on behalf of Buyers
- Services that extend beyond 30 days of service duration
- Exceedingly low quality Services/Gigs
- Promoting Gfxroom and/or Gfxroom Services/Gigs through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
- Services/Gigs that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
- Services/Gigs that are removed for violations are not eligible to be restored or edited.
- Services/Gigs may be removed from our Search feature due to poor performance and/or user misconduct.
- Services/Gigs may include pre-approved website URLs contained within the Gig description and requirements box. Services/Gigs containing websites promoting content, which violates Gfxroom’s Terms of Service and/or our Community Standards, will be removed.
- Services/Gigs are required to have an appropriate Gig image related to the service offered. An option to upload two additional Gig images are available to all Sellers. Sellers must deliver the same quality of service as shown on their Gig images. Recurring deliveries that don’t match the quality shown on the Gig images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
- Services/Gigs may contain an approved Gig Video uploaded through the Gig management tools available on Gfxroom.
- Statements on the Gig Page that undermine or circumvent these Terms of Service is prohibited.
- Eligible Services/Gigs in select Categories may set up Gig Packages to offer their services in structured formats with multiple price points for the selected Gig.
- Certain categories are available only to Pro Sellers to create Services/Gigs. If you are not a Pro Seller, creating a Gig for services available to Pro only may result in removal of your Gig.
- Gig/Service Extras are additional services offered on top of the Seller’s Service for an additional price defined by the Seller.
- Gig/Service Extras may be removed for violations of our Terms of Service and/or our Community Standards. For specific terms, please see the Services/Gigs section above for a list of services that violate our Terms of Service. Services/Gigs are subject to be removed due to violations found in Gig Extras.
- The amount of Service Extras, which can be offered, and the price for each Service Extra, is based on your Seller Level. More information surrounding your accounts eligibility for Service Extras can be found here.
- Services offered through Gig Extras must be related to the base service and part of the deliverables on the Order.
- Gig Extras may cover different categories of services that are components to a higher quality delivered service.
- Sellers have the option to extend the duration of an Order for each Gig Extra that is added to the Order. This is to cover the time needed to complete the extra service.
Gfxroom is all about helping sellers leverage their skills. We seek to empower top-performing Sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Gfxroom may reward them with new statuses, special opportunities, benefits, and tools that come with it.
- Gfxroom Sellers can gain account Levels based on their activity, performance and reputation. The advancement criteria can be found here.
- Advancement in Levels are updated periodically by an automated system.
- The current Levels a Seller can achieve are, Level 1, 2, and Top Rated.
- Sellers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Seller status and the benefits that come with it. For example, late deliveries, warnings to the Seller’s account and cancellations can cause a Seller to move to a different Level.
- Advanced levels provide their owners with additional benefits, including offering Services/Gigs for higher prices through Gig Extras, or selling their Gig in multiples.
Top Rated Sellers
- Top Rated Sellers are chosen manually by Gfxroom editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
- Top Rated eligibility is constantly evaluated by Gfxroom to ensure that the quality standards and expectations of the Top Rated selection is kept. Gfxroom retains the right to change a Top Rated Seller status in light of such evaluation. In addition, Top Rated Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service and/or our Community Standards, also risk losing their Top Rated status and the benefits that come with it.
- Pro Sellers are pre-verified professionals who undergo a vetting process by Gfxroom editors. Applying for Gfxroom Pro is open to everyone: professional freelancers who are new to Gfxroom, as well as existing Gfxroom Sellers.
- Pro Sellers eligibility is constantly evaluated by Gfxroom to ensure that the quality standards and expectations of the Pro Seller selection is kept. Gfxroom retains the right to change a Pro Seller status in light of such evaluation. In addition, Pro Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Pro status and the benefits that come with it.
Gfxroom Sellers have access to several exclusive features that help customize the way their services can be offered.
- Sellers can also send Custom Offers addressing specific requirements of a Buyer.
- Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
- Custom Offers are sent from the conversation page.
- Services provided through Custom Offers may not violate Gfxroom’s Terms of Service and/or our Community Standards.
- Project Milestones:
- Custom Offers above $100 may include up to three project milestones. Each milestone is paid and delivered separately in accordance with each Custom Offer’s description and timelines.
- A milestone is marked as Complete after it is delivered by the Seller and then accepted by the Buyer. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after marked as Delivered, however, in such case the Order will be stopped and all further milestones will be cancelled.
- Once a milestone is delivered, Buyers may choose to either continue with the Order and pay for the next milestone, or to stop the Order. Please note that if you choose to stop the Order, the current delivered milestone will not be cancelled.
- Gfxroom Anywhere is a feature that allows Sellers to send Custom Offers outside of Gfxroom.
- Services offered through Gfxroom Anywhere must comply with our Terms of Service and our Community Standards.
- Users accessing and purchasing from a Gfxroom Anywhere offer that are not already members of Gfxroom, will be required to register with Gfxroom to create an Order.
- Sellers are required to deliver proof of completion of services in the Order Page. Please see our Orders section for further details.
- Communication for handling Orders should be performed on Gfxroom, through the Order Page. Users who engage and communicate off of Gfxroom will not be protected by our Terms of Service.
Shipping Physical Deliverables
Some of the services on Gfxroom are delivered physically (arts and crafts, collectable items, etc.). For these types of Services/Gigs, Sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).
- Services/Gigs that include shipping costs must have physical deliverables sent to Buyers.
- Shipping costs added to a Gig only pertains to the cost Sellers require to ship physical items to Buyers.
- Important: Buyers who purchase Services/Gigs that require physical delivery, will be asked to provide a shipping address.
- Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.
- Gfxroom does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
- A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the Order Page when delivering your work.
- To withdraw your revenue you have use payout option and you are allowed to withdraw your revenue to Payoneer only. To do that you must have a Payoneer account.
- To withdraw your revenue, you must have an account with at least one of Gfxroom’s Payment Service Providers for the withdrawal methods. All funds eligible for Withdrawal will be held on your behalf at an account with Gfxroom’s Payment Services Provider. All payment services, including withdrawal services will be provided by Gfxroom’s Payment Services Provider.
- Your Gfxroom profile can be associated with only one account from each Gfxroom withdrawal methods. A Payment Service Provider withdrawal account can be associated with only one Gfxroom profile.
- Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.
- To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process
- Withdrawals can only be made in the amount available to you.
- Withdrawal fees vary depending on the withdrawal method.
- Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.
- In certain cases, Sellers may withdraw Revenues in several different currencies. All currency exchange services in connection with such withdrawals are performed by Gfxroom’s Payment Services Providers. Your Gfxroom Balance is always derived from its US$ value and, therefore, the local currency amount of your Gfxroom Balance may change daily in accordance with exchange rates fluctuations and also includes conversion fees. Sellers always have the option to withdraw Revenues in US$.
- You may not offer direct payments to Sellers using payment systems outside of the Gfxroom platform.
- Gfxroom retains the right to use all publicly published delivered works for Gfxroom marketing and promotional purposes.
- Buyers may request a specific service from the Post a Job Services requested on Gfxroom must be an allowed service on Gfxroom.
- Buyers pay Gfxroom to create an order from a Seller’s Gig/Service page. Gfxroom partners with Payment Services Providers for purposes of collecting all payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Gfxroom Balances. All payments services in connection with the collection of funds on the Gfxroom platform are performed by Gfxroom’s Payment Services Providers.
- Buyers can create a custom request by using Post a Job option.
- Gfxroom serves as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Gfxroom (or its Payment Services Provider, as applicable), and Gfxroom (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that Gfxroom (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Gfxroom and not the Buyer directly.
- In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site or through Gfxroom Anywhere.
- In most locations, purchases on Gfxroom can be made by using one of the following payment methods: Credit Card, PayPal, Gfxroom Credits or existing Gfxroom Balance. Additional payment methods may apply in certain locations.
- Service fees are added at the time of purchase where a Buyer can review and accept the total amount requested to pay. These fees cover administrative fees. As of May 2018, the current fees assessed to the total purchase amount are $2 on purchases up to $40 and 5% on purchases above $40.
- Your existing Gfxroom Balance will be automatically applied to your next purchase.
- You may not offer Sellers to pay, or make payment using any method other than through the Gfxroom.com site. In case you have been asked to use an alternative payment method, please report it immediately.
- By using any payment method and/or providing payment details for making purchases on Gfxroom, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Gfxroom; and (d) such actions do not violate any applicable law.
- Buyers may pay on Gfxroom in several different currencies. Unless stated otherwise, you will be charged in the currency displayed on the payment page. All currency exchange services in connection with payments and withdrawals in local currencies are performed by Gfxroom’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US$ even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the payment.
- Buyers should note that all prices on Gfxroom are derived always from their original US$ price and, therefore, non-US$ currency prices may change daily in accordance with exchange rates fluctuations and may also include conversion fees. Buyers always have the option to pay in US$ by changing their selected displayed currency.
- If you paid for an Order in a currency other than US$ and your Order was later cancelled for any reason, the amount returned to your Gfxroom Balance would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same US$ value.
- Your Gfxroom Balance is always valued in US$, even if it is displayed in a non-US$ currency. Therefore, should you choose to view your Gfxroom Balance in any currency other than US$, it may change daily in accordance with exchange rates fluctuations, while always maintaining the same US$ value. Users always have the option to view their Gfxroom Balance in US$ by changing their selected displayed currency.
- Gfxroom Business helps you and your team to better manage your purchases and projects on Gfxroom. Through Gfxroom Business, Buyers can create and manage business teams in which all members may use a shared payment method. Once a Buyer creates a business team, they become the sole owner and administrator of the team.
- When inviting a Buyer to a business team, the administrator authorizes such Buyer to use the team’s shared payment method. Business teams may be subject to a monthly budget limitation, as defined by the administrator. Administrators can invite and remove Buyers at any time. It should be noted, however, that removing a Buyer from a business team does not delete or affect their Gfxroom account in any way, but only removes them from the administrator’s business team.
- Buyers are asked to confirm their invitation to a business team and provide their names and roles in business before joining. Buyers should note that all business team members have access to information about purchases made within the team through the shared payment method.
- Invoices for purchases made by Buyers using the team’s payment method will be issued in the name of the business defined by the administrator and sent solely to the administrator.
- Buyers may be charged with indirect taxes (such as Sales Tax, VAT or GST) depending on their residency, location and any applicable law, in addition to the price shown on the site, and, in any event, any such taxes will always be displayed to the Buyer before payment.
- Buyers agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.
- Once payment is confirmed, your order will be created and given a unique Gfxroom order number (#FO).
- Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Gig.
- The Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in this Terms of Service. Using the “Deliver Work” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Seller’s rating and result in a warning to Seller.
- An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered.
- We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Gfxroom’s Customer Support department for assistance here.
- Orders through the Logo Maker are completed once payment is made by the Buyer.
- When a Buyer orders a Gig, the Seller is notified by email as well as notifications on the site while logged into the account.
- Sellers are required to meet the delivery time they specified when creating their Services/Gigs. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller’s status.
- Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the Order as Delivered.
- Users are responsible for scanning all transferred files for viruses and malware. Gfxroom will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
- Buyers may use the “Request Revisions” feature located on the Order Page while an Order is marked as Delivered if the delivered materials do not match the Seller’s description on their Gig page or they do not match the requirements sent to the Seller at the beginning of the order process.
- Feedback reviews provided by Buyers while completing an Order are an essential part of Gfxroom’s rating system. Reviews demonstrate the Buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
- Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
- To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Gfxroom platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Gfxroom platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
- Feedback comments given by Buyers are publicly displayed on a Seller’s Gig page.
- Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Work Samples are added to a Seller’s Live Portfolio on their Gig page if the Buyer chooses to publish the Work Sample while providing a public feedback review.
- Withholding the delivery of services, files, or information required to complete the Gig’s service with the intent to gain favorable reviews or additional services is prohibited.
- Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the Order will be considered completed.
- Users are allowed to leave reviews on Orders up to 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 days.
- Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
- Feedback reviews are unavailable for orders made through the Logo Maker.
Disputes and Cancellations
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Gfxroom’s Customer Support department for assistance here.
- Order cancellations can be performed on Gfxroom, when eligible, by Customer Support or through the Resolution Center per order.
- Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Terms of Service. Doing so may get your account temporarily or permanently disabled. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
- In the event that a Buyer or Seller encounters an issue related to the service provided in an order, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter.
- Gfxroom, through its Payment Services Providers, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
- All transfer and assignment of intellectual property to the Buyer shall be subject to full payment and the delivery may not be used if payment is cancelled for any reason.
- If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s Gfxroom Balance.
- Revisions to deliveries can be performed by Sellers based on the Seller’s Gig and customer care. Sellers may determine the amount of revisions offered to Buyers, including no revisions.
- Requests for revisions can be performed through the Order Page while the order is marked as Delivered.
- Requesting to gain more services from Sellers beyond the agreed requirements by using the Request Revisions button is not allowed.
- Gfxroom encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.
- Eligibility for requests to Gfxroom to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations of our Terms of Service and/or our Community Standards, general misconduct, and improper usage of the Gfxroom delivery system. See below for Order specific eligibility.
- Completed orders (or, where applicable, completed milestones) may be cancelled, upon review of our Customer Support team, up to 14 days after the order (or Milestone) is marked as complete. Please be advised that orders cannot be partially cancelled (i.e. we can only cancel the entire order when it is justified).
- In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed order even after 14 days have passed from its completion. In such cases, the amounts paid for the cancelled order will be returned to the Buyer’s Gfxroom Balance and will be deducted from the Seller’s Gfxroom Balance or, if there are no sufficient amounts in the Seller’s Gfxroom Balance, from future revenues of such Seller.
- Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Seller if the service was rendered as described in the Gig Page. Buyers may rate their experience with the Seller on the Order Page, including the overall level of service quality received.
- Buyers must use Gfxroom Resolution Center to address their concerns and desired resolution related to the service provided by their Seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the Buyers failed to inform their Seller of issues related to the Seller’s service and will allow Sellers to provide a resolution first. This does not include non-permitted usage of Gfxroom.
- Any non-permitted usage of Gfxroom encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations of Gfxroom’s Terms of Service.
- Gfxroom Customer Support will cancel orders based on, but not limited to, the following reasons:
- Active Orders (after the Buyer submits their requirements and before the Seller delivers on Gfxroom)
- The Seller is late and unresponsive for more than 24 hours while the order is marked as Late.
- Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
- Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the Seller’s delivery.
- The user is no longer an active Gfxroom user due to Terms of Service violations or closure of their account.
- Delivered Orders (after the Seller clicks Deliver Now and before the order is marked as complete)
- The Seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to Buyers. Note: Multiple reported offenses will result in permanent suspension of your account.
- The Seller delivers no files and/or proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
- The Seller requests additional payments, on or off the Gfxroom platform, by withholding the final delivery of services directly related to the agreed requirements.
- The Seller is withholding the final delivery of services for improved ratings.
- Buyers who abuse the Request Revisions button to gain more services from Sellers beyond the agreed requirements.
- Buyers who threaten to leave a damaging review to gain more services from the Seller not related to the agreed requirements.
- Completed Orders (after the order is marked as complete and before the 14 day limitation)
- Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
- Buyers who did not purchase commercial use rights and are reported to have used the materials commercially. Note: Terms of Commercial use are found on the Seller’s Gig Page and cannot be retroactively included once the order is completed for over 14 days.
- Gfxroom Customer Support will review cases of Order delivery manipulation that prevents Buyers and Sellers from fully utilizing our Resolution Center that enabled the order to be marked as complete.
- Active Orders (after the Buyer submits their requirements and before the Seller delivers on Gfxroom)
- § Gfxroom does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Buyer’s Gfxroom Balance and are available for future purchases on Gfxroom. Until January 1, 2019, funds returned to your Gfxroom Balance from cancelled orders will not include service fees paid. As of January 1, 2019, Gfxroom returns service fees to your Gfxroom Balance once an order is cancelled. In any event, if the service fees were not returned to your Gfxroom Balance following an order cancelation, such service fees’ amount will be exempted from your next purchase on Gfxroom.
- Deposit refunds (i.e. refunds directly to your payment provider) can be performed by our Customer Support team, based on the Order’s original payment amount and currency. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.
User Conduct and Protection
Gfxroom enables people around the world to create, share, sell and purchase nearly any Design service they need at an unbeatable value. Services offered on Gfxroom reflect the diversity of an expanding Gig economy. Members of the Gfxroom community communicate and engage through orders, social media, and on Gfxroom’s Community Forums.
Gfxroom maintains a friendly, community-spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Gfxroom. This section relates to the expected conduct users should adhere to while interacting with each other on Gfxroom.
To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team.
- To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Gfxroom in order to circumvent or abuse the Gfxroom messaging system or Gfxroom platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
- Gfxroom does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the Order Page.
- Gfxroom does not provide protection for users who interact outside of the Gfxroom platform.
- All information and file exchanges must be performed exclusively on Gfxroom’s platform.
- Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
- Gfxroom is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
- Users may not submit proposals or solicit parties introduced through Gfxroom to contract, engage with, or pay outside of Gfxroom.
- Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
- Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
- Gfxroom reviews cases of payment provider chargebacks and disputes on behalf of Sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Seller’s favor. If the chargeback case allows, Gfxroom (or one of Gfxroom’s Payment Services Providers) will return parts or full revenue back to Sellers, otherwise the chargeback amount will be borne by the Seller.
- Users may report Services/Gigs to Customer Support that may be in violation of Gfxroom’s Terms of Service based on the reported Gig’s replicated similarity to pre-existing services (copycat Services/Gigs).
- Sellers warrant that any content included in their Services/Gigs shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Services/Gigs, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Services/Gigs.
- Gfxroom will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed.
Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such users on the Site. Warnings do not limit account activity but can lead to your account losing seller statuses or becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography – Gfxroom does not allow any exchange of adult-oriented or pornographic materials and services.
Inappropriate Behavior & Language – Communication on Gfxroom should be friendly, constructive, and professional. Gfxroom condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment are strictly prohibited. Please respect our member’s privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Services/Gigs or orders.
Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided on the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Gfxroom will not be protected by our Terms of Service.
Authentic Gfxroom Profile – You may not create a false identity on Gfxroom, misrepresent your identity, create a Gfxroom profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Gfxroom reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims – Gfxroom will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed
Fraud / Unlawful Use – You may not use Gfxroom for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Gfxroom community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Gfxroom’s Terms of Service and/or our Community Standards are a cause for permanent suspension of all accounts.
Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Gfxroom. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell Gfxroom accounts.
The Site, including its general layout, design and content, is exclusively owned by Gfxroom and protected by copyright and trademark law. Gfxroom®, Services/Gigs are all registered trademarks owned exclusively by Gfxroom. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
To the extent that you provide Gfxroom with any comments, suggestions or other feedback regarding the Gfxroom platform or the Site as a whole, as well as other Gfxroom products or services (collective, the “Feedback”), you will be deemed to have granted Gfxroom an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Gfxroom is under no obligation to implement any Feedback it may receive from users.
Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top-secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.
- Gfxroom reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.
- Violation of Gfxroom’s Terms of Service and/or our Community Standards may get your account disabled permanently.
- Users with disabled accounts will not be able to sell or buy on Gfxroom.
- Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
- Users have the option to enable account Security features to protect their account from any unauthorized usage.
- Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
- Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Gfxroom’s approval.
- Disputes should be handled using Gfxroom’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting Gfxroom Customer Support.
- Gfxroom may make changes to its Terms of Service from time to time. When these changes are made, Gfxroom will make a new copy of the terms of service available on this page.
- You understand and agree that if you use Gfxroom after the date on which the Terms of Service have changed, Gfxroom will treat your use as acceptance of the updated Terms of Service.
User-Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Gfxroom by our users (Buyers and Sellers) is User Generated Content. Gfxroom does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, Gfxroom is not responsible for the content, quality or level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers, offer Promoted Services/Gigs or otherwise). We provide no warranty with respect to the Services/Gigs, their delivery, any communications between Buyers and Sellers, and the Logo Designs created through the Logo Maker. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.
By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Gfxroom. Sellers advertising online their Gig or Logo Design created through the Logo Maker must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in the removal of the Gig or Logo Design from the Logo Maker, as applicable, and may lead to the suspension of the Seller’s account.
For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement – please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Ownership and limitations: When purchasing a Service on Gfxroom, unless clearly stated otherwise on the Seller’s service page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event, the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the Gig and the delivery may not be used if payment is canceled for any reason. For removal of doubt, in custom-created work (such as artwork, design work, report generation, etc.), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. Some Services/Gigs (including custom-created work) charge additional payments (through Gig Extras) for a Commercial Use License. This means that if you purchase the Gig for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Gig Extra and will have broader rights that cover your business use.
For Voice Over Services/Gigs, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one-time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use VoiceOver to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Gig Extra. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Gig Extra. For further information on the type of buy-outs, please read below.
Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Gfxroom, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Gfxroom for no consideration for marketing and/or other purposes.
Voice Over Commercial Buy-Out
When purchasing a Voice Over Gig, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television and internet commercial spots).
By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes mean any business-related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.
By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV “paid channels” including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.
This Buy-Out is subject to Gfxroom’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Gfxroom will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Service Commercial Use License
By purchasing a “Commercial Use License” with your Service Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “Permitted Commercial Purposes” means any business-related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business-related tools, etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Gfxroom’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Gfxroom will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GFXROOM NOR ANY PERSON ASSOCIATED WITH GFXROOM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Certain user-generated content on the Site has been translated for your convenience using translation software powered by Amazon Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Such translations are provided as a service to users of the Site, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of such translations made from English into any other language. Some user-generated content (such as images, videos, Flash, etc.) may not be accurately translated or translated at all due to the limitations of the translation software.
The official text is the English version of the Site. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content which is the official version.
Limitation on Liability
IN NO EVENT WILL GFXROOM, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF THE SELLER, GFXROOM AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF THE SELLER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Gfxroom, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.