Terms of use

These are the terms of use for www.graffiti-empire.com, operated by BTG Media e.U, owner Benjamin Grabner, address: Pater-Schwartz-Gasse 11a, 1150 Vienna, company register number: 583740t – hereinafter also referred to as “Graffiti Empire”, “graffiti-empire.com”, “website”, “operator” or “we”. Persons who use the services of graffiti-empire.com are hereinafter referred to as “user”, “member” and “you”.

The terms and conditions of use apply by using Graffiti Empire or by expressly accepting them.

If you encounter a problem when using our service, please contact us using our contact form. We strive to offer everyone a good user experience.

Patreon

A paid membership on Patreon (Patreon Ireland Limited) allows the download of graffiti created with our graffiti generator and the license for personal and educational but also commercial use of our graffiti images.

Commercial use is restricted in the following ways: Graffiti Empire may not be used to produce products in large quantities (more than 100 pieces). An example to better illustrate this: Graffiti Empire may not be used to print T-shirts that are to be sold in quantities of more than 100.

The graffiti template graphics that are based on Google Fonts (with OTF or Apache version 2.0 license) and are marked with an “i” symbol in the user interface on the Graffiti Generator page can be used for commercial purposes.

You do not buy the graffiti graphics and fonts.

Access to premium graffiti tutorials on the website and on Patreon is also granted.

All memberships are automatically renewed at the regular price using the payment method you specified. You can cancel your subscription at any time, but you will continue to have access to our service as long as you have paid in your last billing period. If necessary, you can request a full refund for this 1-month membership during the first 10 days after paying your monthly subscription on Patreon.

We make no representations or warranties as to the availability, accessibility or uninterrupted operation of Patreon and accept no liability for any financial loss or data breaches caused by Patreon.

Obligations of the customer

The user assures that he/she will only use the graffiti-empire.com service in accordance with the contract. The graffiti template graphics that are based on Google Fonts (with OTF or Apache version 2.0 license) and are marked with an “i” symbol in the user interface on the Graffiti Generator page can be used for commercial purposes.

The user undertakes not to misuse the service. These include: Pornographic, radical, violent, illegal, “fake news”, discriminatory or otherwise questionable graffiti.

The user undertakes not to post any content on Graffiti Empire that violates applicable law or morality due to its content, form or design or in any other way. In particular, the user undertakes to observe applicable law (e.g. criminal law, competition law and youth protection law) when uploading content and not to violate any third-party rights (e.g. name, trademark, copyright, image and data protection rights) or confidentiality obligations.

Scraping (web scraping, text mining crawling) of information and works published on Graffiti Empire is prohibited, requires the express consent of the author or owner of the exploitation rights and is strictly forbidden.

You are responsible and liable for all activities that take place under your account, even if someone else accesses it.

Failure to comply with these obligations may result in a request for a statement, restrictions on the use of the service, deactivation or deletion of the member account and, in serious cases, compensation payments and criminal prosecution.

The user must refrain from all actions that could jeopardize or impair the technical functionality of the member area and the Graffiti Generator on the website. . Such behavior will be prosecuted.

If Graffiti Empire has reasonable grounds to believe that a user is using Graffiti Empire in an unlawful manner, Graffiti Empire is entitled to block access to Graffiti Empire immediately and without prior notice. The possibility of further legal remedies remains unaffected.

Liability and indemnification

Graffiti Empire is not liable for damages caused by slight negligence. Graffiti Empire is not liable for loss of profit.

Graffiti Empire’s liability is limited to the amount paid by the user concerned for the use of Graffiti Empire.

The limitation of liability does not apply with regard to personal injury and the Product Liability Act.

Graffiti Empire cannot be held responsible if users or third parties misuse the service or access data without authorization (e.g. “hacker attacks”).

We are in no way liable for damages of any kind caused by members or users. Graffiti Empire is a publisher that has set itself the goal of documenting its own sketches and drawings, promoting creativity and drawing and documenting graffiti culture. We do not tolerate, promote or encourage vandalism, the destruction of public or private property, or any kind of illegal activity.

The content of this website has been created with the greatest possible care. However, no liability is assumed for the accuracy, completeness and timeliness.

This website contains links to third-party websites. Graffiti Empire has no influence on the content or possible changes to the content of these pages and cannot guarantee that they do not contain any legal violations. If legal violations of these pages become known, these links will be removed immediately.

We are not liable for the non-availability of graffiti-empire.com due to maintenance work, updates, technical problems on the part of the user (e.g. due to the use of outdated technologies or incorrect settings) or third parties (e.g. server maintenance work).

We shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of or in any way connected with the use of or inability to use the service or the content provided on or through the website.

The content communicated on or via Graffiti Empire does not necessarily represent the opinion of Graffiti Empire. Graffiti Empire accepts no liability whatsoever for content that is communicated and/or published via Graffiti Empire.

In the event that Graffiti Empire is held liable by a third party for the illegal use of Graffiti Empire by the user, the user is obliged to indemnify and hold Graffiti Empire harmless.

Disclaimer for advertisements on the website

The advertisements displayed on this website are not directly controlled by us. They are provided by our advertising partner, CMI Marketing, Inc. d/b/a Raptive (“Raptive”) is displayed. We do not endorse the content of these advertisements and have no control over their appropriateness, accuracy or legality.

We accept no liability or responsibility for any damage, loss or harm caused by the content of these advertisements or the actions of the companies or individuals providing them. By using this website, you agree that we are not responsible for any such damages or losses arising from the advertisements displayed on our website.

Although we endeavor to ensure that all advertisements displayed on our website comply with applicable laws and regulations, we cannot guarantee that every advertisement will meet these standards. We encourage users to report inappropriate or offensive advertising to us immediately so that we can take appropriate action.

Graffiti Empire rights, exploitation rights and reference to open source applications

We reserve the right to deactivate or delete memberships or user accounts without giving reasons if misuse of the account is suspected or proven. Fees already paid will not be refunded in such cases.

The images, content and works made available on this website are subject to Austrian copyright law. Reproduction or further processing, in particular commercial use, is not permitted without authorization.

Graffiti Empire grants the user a non-exclusive license to use Graffiti Empire for non-commercial purposes, limited in time, content and location, unless a commercial subscription license to use Graffiti Empire has been acquired. In these cases, commercial use of Graffiti Empire is also permitted.

The exclusive right to use and exploit Graffiti Empire’s work remains with Graffiti Empire in all cases.

Markings, in particular copyright notices, trademarks, serial numbers or similar, may not be removed, altered or made unrecognizable.

Graffiti Empire is entitled to utilize the information and works published on Graffiti Empire in any conceivable way without, however, violating the confidentiality interests of the user.

Membership enables you to access and use our services. You do not acquire ownership of the graphics and fonts.

It is not permitted to create your own products, a graffiti generator or software related to the graffiti generator based on the letters provided by graffiti-empire.com or in any way modified versions of the graphics and fonts.

In the event of violations of the terms of use, graffiti-empire.com may demand compensation for damages or compensation for expenses in the amount of the verifiable damage or double the reasonable remuneration (§ 87 para. 3 UrhG).

Graffiti Empire may contain components/libraries/fonts that are licensed under an Open Source License (“OS Components”). The OS components may only be used under the respective OS license conditions. More detailed information on the OS components can be displayed in the user interface on the Graffiti Generator page with an “i” symbol.

Payment and refund of digital products

All payments for digital products (Procreate Brushes and Graffiti Coloring Pages) are processed by our authorized reseller and Merchant of Record Paddle.com. This means that no payment information is processed or stored by our servers. Detailed information on the use of data by paddle.com can be found at https://paddle.com/privacy.

You can refund any order in full or in part, and the refund is always free of charge.

The latest version of the steps to issue a refund can be found in the Paddle Help section: https://www.paddle.com/help/manage/your-customers/can-i-issue-refundsare-they-free-of-charge

All services are offered “as is” without any warranty.

You can request a full refund within the first 14 days of purchasing the product.

We make no representations or warranties as to the availability, accessibility or uninterrupted operation of Paddle and accept no liability for any financial loss or data breach caused by Paddle.

General terms and conditions, place of jurisdiction, applicable law and amendment of the terms of use

You must be legally able to conclude a binding contract. Otherwise, you must be directly supervised by a parent/guardian who agrees to these conditions.

The contractual relationship is subject to Austrian law and Austrian law is agreed. However, this choice of law must not result in the user being deprived of the protection afforded to him by the mandatory provisions of his country of residence (Art 6 (2) Rome I Regulation). The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and of conflict of law rules is excluded.

The exclusive place of jurisdiction is the competent court in Vienna (15th district). If the user is a private customer and has his domicile or habitual residence in Austria or is employed in Austria, the user can only be sued before the courts in whose district his domicile, habitual residence or place of employment is located.

Graffiti Empire is entitled to change these terms of use at any time. Graffiti Empire will inform the user of such changes by sending the amended Terms of Use to the contact details last provided by the user. The user has the right to object to the changes. If the user does not object within 21 days of notification of the changes, tacit consent to the amended terms of use shall be assumed. A deterioration of the user’s situation cannot be legally implemented in this way.