Terms of Service

December 19th, 2016

A. Introduction

This web page represents a legal document that serves as our Terms and Conditions and it governs the legal terms of our website, https://iconsgarden.com, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by Iconsgarden.

Capitalized terms, unless otherwise defined, have the meaning specified in the Definitions section below. This Terms and Conditions, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and Iconsgarden, and supersede all other agreements, representations, warranties and understandings with respect to our website and the subject matter contained here. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our website, and you should review all Legal Terms prior to using this website. After any revisions to our Legal Terms are posted, you agree to be bound by any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By accessing this website, you are agreeing to be bound by these website Terms or service, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.


B. Definitions

The terms “IG" or "us" or "we" or "our" refers to Iconsgarden, the owner of the Website.

Designers

  • Basic
    • Designers upload icons on Iconsgarden to allow buyers to purchase/ download their icons.
    • Each order you sell and successfully complete accredits your account with a net revenue of 70% of the purchase amount.
    • Iconsgarden accredits designers once an order is completed.
    • If an order is refunded (for any reason), the funds paid will be refunded to the buyer’s Account Balance.
    • Designers may promote their icons via the AdWords platform.
    • Designers can not withdraw their revenues. We pay net 30 days after the month's end and do our best to process your payment, but the exact days can vary depend on the number of the payment accounts will be processed, but no longer than 5 working days.
  • Icons
    • Designers are required to upload one free icon to get started. Before uploading premium icons for selling designers need to prove their design skill by uploading 1 free quality icon. Our reviewers will check and approve then send the notification.
    • Icons may be removed by Iconsgarden for violations to these Terms of Service, 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 Icons
      • Spam, Nonsense, or Violent Icons
    • Icons that are removed for violations mentioned above, may result in the suspension of the designer’s account.
    • Icons that are removed for violations are not eligible to be restored or edited.
    • Icons may be removed from our Search feature due to poor performance and/or user misconduct.
    • Icons may include pre-approved website URLs contained within the Icons description and requirements box. Icons containing websites promoting content, which violates Iconsgarden’s Terms of Service, will be removed.
    • The description on the Icon Page that undermines or circumvents these Terms of Service is prohibited.
    • Eligible Icons and designer may price their Icons at a base price beyond $5. Base prices on Icons can be set to $5, $15, $25 or $35.

Buyer

  • Basic
    • You may not offer direct payments to sellers using payment systems outside of the Iconsgarden Order system.
    • Iconsgarden retains the right to use all publically published delivered works for Iconsgarden marketing and promotional purposes.
  • Buying
    • Buyer purchases premium icons, using the Buy it button.
    • Buyer downloads free icons, using the Download button.
    • Icons may be purchased using the following payment methods: PayPal.
    • You can also deposit the money to Iconsgarden via Paypal.
    • If you have funds in your account balance, either from your Shopping or available Revenue balance, it will be automatically applied to your next purchase, but only in the event that your balance covers the entire purchase amount.
    • You may not offer designer to pay or make payment using any method other than through the Iconsgarden.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
    • To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from buyers on the Site or transferring payments to sellers on the Site. We are not exposed to the payment information provided to our payment vendors, and this information is subject to the privacy policy applicable to the payment vendor. Please see our Privacy Policy for more information here.
  • Order
    • Once payment is confirmed, your order will be created and given a unique Iconsgarden order number.
    • You can check your orders using Dashboard Download page.
    • You will get an email notification for your order. To download the icons that you purchased, please go to Download page.
    • When a buyer orders an icon, the designer is notified by email as well as notifications on the site while logged into the account.
    • We encourage our buyers and designers to try and settle conflicts amongst themselves. If for any reason this fails after using the Dispute Section or if you encounter non-permitted usage on the Site, users can contact Iconsgarden's Customer Support department for assistance here.


C. Payment

Selling

  • Designers upload icons on Iconsgarden to allow buyers to purchase/ download their icons.
  • Designers are required to post one free icon to get started. Before uploading premium icons for selling designers need to prove their design skill by uploading 1 free quality icon. Our reviewers will check and approve then send the notification.
  • Each order you sell and successfully complete accredits your account with a net revenue of 70% of the purchase amount.

Buying

  • You can buy icon on Iconsgarden if you are a member of this site.
  • You may not offer direct payments to sellers using payment systems outside of the Iconsgarden Order system.
  • Buyer purchases premium icons, using the Buy it button.
  • Buyer downloads free icons, using the Download button.
  • Icons may be purchased using the following payment methods: PayPal.
  • If you have funds in your account balance, either from your Shopping or available Revenue balance, it will be automatically applied to your next purchase, but only in the event that your balance covers the entire purchase amount.
  • You may not offer designer to pay or make payment using any method other than through the Iconsgarden.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
  • To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from buyers on the Site or transferring payments to sellers on the Site. We are not exposed to the payment information provided to our payment vendors, and this information is subject to the privacy policy applicable to the payment vendor. Please see our Privacy Policy for more information here.

Refund

  • Subscription auto-renewal

If you haven't downloaded any icons from the moment of the renewal on. If you have downloaded icons, we assume that you are using the service and we cannot refund your payment.

  • Deposits to your account balance

In case you have deposited an unwanted amount to your account balance, we can issue you a refund as long as you don't spend anything on purchasing icons. Partial refunds are not available at the moment. Please make sure you deposited the right amount before buying any icons.

  • Refund time

Refunds are usually slower to be processed than a normal payment, so don't worry if it takes more time to reach your Paypal account.

  • Fraudulent payments

In case you suspect that a payment was a matter of fraud, please contact us at support@iconsgarden.com


Payment method
You can only use Paypal when purchasing icons on Iconsgarden. You are able to deposit cash to your account using PayPal.

You can deposit cash to your Iconsgarden account from your Account balance page.

Cash-Out
We pay net 30 days after the month's end and do our best to process your payment, but the exact days can vary depend on the number of the payment accounts will be processed, but no longer than 5 working days.

For any questions about this, you can email us at support@iconsgarden.com

Deposit

The deposit money is stored in your account balance. You can buy icon and pay your order from the account balance.

Buying your order from the account balance is more convenient than from other payment methods in some cases, such as when you want to pay an order with $5, $15, $25 or $35.

Your can deposit the money to your account balance through Paypal, the deposit minimum is $5. We always check and recommend buyer do the payment from account balance if it has sufficient amount.


D. Restrictions

Warranties and Representations
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Company; or (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. The Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if the Company is concerned that you may have breached the immediately preceding sentence, or for no reason at all. You, not the Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to the Company and to grant the Company the rights to use such information in connection with the Services and as otherwise provided here.

Responsibility for activity
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Services, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services is strictly prohibited. You will not decompile, reverse engineer or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

You understand and agree that the Company shall have the sole right to decide whether you are in violation of any of the restrictions set forth in this Section, and shall have sole discretion regarding the course of action to take in connection therewith.

Warranty disclaimer
The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release the Company from all liability for you having acquired or not acquired Content through the Services.

The Services may contain or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. The Company makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services or regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from the Company or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service.

THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN ”AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


E. License of content

Listing of offered products on the Website could be used only for lawful purposes by Users of the Website. You could not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of Iconsgarden without expresslyly composed consent. You might not use any meta tags or any various other "unseen text" utilizing Iconsgarden's name or trademarks without the expressly written consent of Iconsgarden. You agree not to offer or modify any content found on the Website consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of Iconsgarden, in other way that is likely to trigger confusion among consumers, that disparages or challenges Iconsgarden or its licensors, that dilutes the strength of Iconsgarden's or its licensor's residential property, or that otherwise infringes Iconsgarden's or its licensor's copyright rights. You further concur to in nothing else mean to abuse the Material that appears on the Site. The use of the Material on any other website or in a networked computer system environment for any purpose is prohibited. Any code that Iconsgarden develops to generate or show any Material of the pages making up the Site is likewise secured by Iconsgarden's copyright, and you may not copy or adjust such code.

Iconsgarden has no duty to keep track of any products published, transferred, or connected to or with the Site. If you think that something on the Website breaches these Terms please contact our marked representative as set forth below.

If alerted by a User of any products which allegedly do not conform to these Terms, Iconsgarden could in its single discernment explore the allegation and figure out whether to take other actions or ask for the removal or get rid of the Content. Iconsgarden has no liability or duty to Individuals for efficiency or nonperformance of such activities.


G. Disputes and Refund

We encourage our buyers and designers 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 Iconsgarden's Customer Support department for assistance here.

Basics

  • Order cancellations can be performed on Iconsgarden, 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 disabled to investigate possible security violations. 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.
  • Iconsgarden 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 for the order and the delivery may not be used if payment is canceled for any reason.
  • If an order is canceled (for any reason), the funds paid will be refunded to the buyer’s account balance.
  • Revisions to deliveries can be performed by designers based on the designer’s icon and customer care. Designers may determine a number of revisions offered to buyers, including no revisions.

Order Refund

  • Iconsgarden encourages Buyers and Designers to resolve service disputes mutually using the Dispute on each order.
  • Eligibility for requests to Iconsgarden to dispute an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the Iconsgarden delivery system. See below for Order specific eligibility.
  • Completed orders may be refunded, upon review of our Customer Support team, up to 7 days after the order is marked as complete.
  • Orders are not eligible to be disputed based on the quality of icons designed by the designers.
  • Buyers must use Iconsgarden’s dispute page to address their concerns and desired resolution related to the service provided by their designer. Iconsgarden Support will not take any action against Orders where the buyers failed to inform the designers of issues related to the designers  icons and will allow designers to provide a resolution first. This does not include non-permitted usage of Iconsgarden.
  • Any non-permitted usage of Iconsgarden encountered during an order, after being reviewed by our Customer Support team, may result in the order being disputed. This includes, but not limited to; harassment, unlawful behavior, or other violations to Iconsgarden’s Terms of Service.
  • Iconsgarden Customer Support will refund orders based on, but not limited to, the following reasons:
    • Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
    • Adult oriented services, Pornographic, Inappropriate/Obscene.
    • Intentional copies of Icons.
    • Spam, Nonsense, or Violent Icons.


H. 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 ICONSGARDEN NOR ANY PERSON ASSOCIATED WITH ICONSGARDEN 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.


I. Limitation on Liability

IN NO EVENT WILL ICONSGARDEN, 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.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


K. Modifications to these Terms of service

Iconsgarden may revise these Terms of service for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms of service.


L. Questions or concerns

If you have any questions or concerns regarding this Privacy Policy, please send us a detailed message to contact@iconsgarden.com, and we will try to resolve your concerns.


M. Privacy policy

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use iconsgarden.com ("Site"). By accessing or using this Site, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Please check the full policy here.