Graffiti Ice Cream — Terms of Use
Effective Date: January 1, 2025
Last Updated: December 5, 2025
Welcome to Graffiti Ice Cream (“Graffiti Ice Cream,” “we,” “us,” or “our”). This website and all related pages, subdomains, content, and services (collectively, the “Site”) are owned and operated by Graffiti Ice Cream. By accessing or using the Site, creating an account, purchasing a membership, or downloading any content, you agree to be bound by these Terms of Use (“Terms”). If you do not agree, do not use the Site.
1. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Last Updated” date above. Your continued use of the Site after changes are posted means you accept the updated Terms.
2. Eligibility
The Site is intended for adults. I attest that I am 18 years of age or older. I understand that by accessing or using this website, I represent that I have the legal capacity to accept these Terms of Use.
3. Accounts and Memberships
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to provide accurate account information and to keep it updated. We may suspend or terminate accounts for violations of these Terms.
Membership benefits, content access, and pricing are described on the Site and may change in the future. Founding or limited-time offers may be discontinued without notice once the offer period ends.
4. Purchases, Billing, and Refunds
All prices are listed in U.S. Dollars unless stated otherwise. Memberships renew or expire according to the plan you select at checkout. By purchasing, you authorize us and our payment processor to charge your payment method.
Digital goods are delivered immediately and are generally non-refundable. If you experience a technical issue receiving a product you paid for, contact us and we will make a reasonable effort to fix or re-deliver your purchase.
5. Intellectual Property and Ownership
All content on the Site — including but not limited to artwork, images, photographs, galleries, ZIP downloads, music, lyrics, vocal performances, videos, text, fairy tales, narration, branding, trademarks, logos, and website design (collectively, “Content”) — is owned by Graffiti Ice Cream or licensed to us and is protected by U.S. and international intellectual-property laws.
Nothing in these Terms transfers ownership of any Content to you.
6. License to Use Purchased Art (“Gallery Buys”)
When you purchase a Graffiti Ice Cream art gallery ZIP (“Gallery Buy”), we grant you a non-exclusive, worldwide, royalty-free license to use the included images for personal and commercial purposes, subject to the conditions below:
You may:
- Use the images in personal projects, business projects, websites, social media, print, and digital products.
- Resize or crop images as needed while preserving the artist’s signature and metadata.
You may not:
- Remove, alter, obscure, or crop out any artist signature, copyright notice, trademark notice, or embedded metadata.
- Sell, sublicense, share, redistribute, or give away the images as stand-alone files (including in packs, bundles, templates, stock libraries, NFTs, or AI training sets).
- Claim the images as your own work.
- Use the images in unlawful, defamatory, hateful, or exploitative contexts.
Violation of these license terms is a material breach of contract and may result in termination of your membership, loss of access, and additional legal remedies.
7. License to Use Music and Fairy Tales
When you stream or download music or narrated fairy tales through a membership, we grant you a limited, personal, non-transferable license to enjoy the Content for your own use.
You may not:
- Re-upload, distribute, sell, or publicly perform the music or fairy tales without written permission.
- Remove any attribution, copyright, trademark, or credits attached to music, lyrics, or narration.
8. AI / Virtual Artist Disclosure
Some performances on this Site are delivered through virtual or AI-assisted voices. Lyrics, stories, and creative direction are written and produced by human creators. We disclose virtual performance where applicable. You agree not to misrepresent virtual performers as real individuals or use any Content for impersonation or deception.
9. Disclaimer on Digital Images
The images of people displayed on this Site are entirely artist-created and do not represent real individuals. Any resemblance to actual persons, living or deceased, is coincidental.
10. Prohibited Conduct
You agree not to:
- Use the Site for any unlawful purpose or to violate any laws.
- Attempt to hack, scrape, data-mine, reverse engineer, or disrupt the Site.
- Use bots, automated scripts, crawlers, or similar tools to access Content or accounts.
- Upload or transmit viruses, malware, or harmful code.
- Harass, threaten, defame, stalk, or infringe the rights of others.
- Circumvent paywalls, membership gates, or access controls.
- Frame, mirror, or reproduce the Site without permission.
11. DMCA / Copyright Complaints
If you believe your copyrighted work has been used improperly on the Site, send a written notice with:
- Your name and contact info
- The copyrighted work you claim is infringed
- The specific URL where it appears
- A statement under penalty of perjury that your claim is accurate
Send notices to: Terms@graffitiicecream.com
12. Termination
We may suspend or terminate your access to the Site at any time if you violate these Terms. Termination does not limit any other rights we may have under law.
13. No Warranty
The Site and Content are provided “as is” and “as available.” We make no warranties that the Site will be uninterrupted, error-free, or free of harmful components. You use the Site at your own risk.
14. Limitation of Liability
To the maximum extent allowed by law, Graffiti Ice Cream shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of the Site or Content. Our total liability to you for any claim will not exceed the amount you paid us in the three (3) months prior to the claim.
15. Indemnification
You agree to indemnify and hold harmless Graffiti Ice Cream from any claims, damages, liabilities, and expenses arising from your use of the Site or breach of these Terms.
16. Governing Law
These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict-of-law principles. Any disputes will be handled in the state or federal courts located in Delaware.
17. Contact
Questions about these Terms? Contact us at:
a) Contact Us form
b) Terms@graffitiicecream.com