TERMS OF SERVICE

By accessing or using LogoMaker, by signing up as a User of LogoMaker or by accessing the Free Web-Ready Logo, you agree to adhere to and be bound by the terms and conditions in this Agreement. Please read this Agreement carefully before accessing or using LogoMaker. If you cannot accept this Agreement, you may not access or use LogoMaker.

In this Agreement, LogoMaker, the LogoMaker Service, all services related to it, including all text, images, photographs, user interface, look and feel, data and other content (including the selection, coordination and arrangement of such content) are referred to as the "Website" or "Service."

LogoMaker reserves the right to change the Terms and Conditions of the Agreement and such modifications shall be effective immediately. Users should visit this page periodically to review the Terms and Conditions because they legally determine the conditions under which they are allowed to use the Service. A User’s continued access of this Website shall be deemed acceptance of the modified agreement.

 

1. Services Generally.

(a) Description. The Service is an online offering where individuals or entities (“User” or collectively, "Users") can design and/or create a customized logo and/or business cards using materials and tools provided by LogoMaker. Users agree that LogoMaker is responsible for providing this service, and that LogoMaker is not responsible for providing any other services or tasks not specifically outlined in these Terms.

(b) License. Users must purchase a license to use the symbols (and associated materials) in our Service to create the logo. LogoMaker retains the copyrights and all associated rights to the original symbols, but the license allows Users to use and display that symbol in the customized logo. The symbols (and other materials) used in any preliminary design that are not contained in the final version of the logo remain the property of LogoMaker. Under this license, Users cannot sell, assign, or transfer rights to the symbol, but any trademark rights developed in the customized logo will be owned by the User.

(c) Payment. Users must pay for the Service via credit card or other payment method authorized at the time of registration. If Users pay by credit card, they will be required to provide a valid credit card number and billing address when registering. The payment policies for Users may change at any time. Such changes will not, however, apply to projects that are in-process before the changes are made by LogoMaker.

(d) Refunds. After a User has created and purchased a logo design and has access to high-resolution files, they are not eligible for a refund. However, LogoMaker has the right to cancel orders and provide a refund at any point in the development process at its discretion. LogoMaker retains the right to modify or change this policy at any time without notice.

2. Eligibility and Use.

(e) Eligibility. To register as a User, you must be at least 18 years of age, accept the Agreement, and complete the registration procedure. By registering, Users represent and warrant that (1) they meet these eligibility requirements, (2) the information they include as part of the registration process is complete and accurate, and (3) if they are registering on behalf of an entity, that they are authorized to bind that entity to this Agreement. LogoMaker is not required to accept a User’s registration.

(f) Permitted Uses. Users may access and use the Service only according to this Agreement and any posted policies and procedures that appear on the Website. Any use of the Website is at a Users own risk and responsibility. Users may (i) display the Website on an internet access device, and (ii) occasionally, and only in circumstances that constitute "fair use" under U.S. copyright law, print copies of insubstantial portions of the Website. Users agree not to modify the Website, or any portion of it, except by the express written consent of LogoMaker. Users may not frame, or use any framing techniques to enclose any portion of the Website without the written consent of LogoMaker. Users may not use meta tags or any other "hidden text" that utilize the LogoMaker trademark or company name without the written consent of LogoMaker.

(g) Prohibited Uses. Users may not broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create derivative works from the Website. Users must comply with all applicable laws (including any applicable export control laws) in connection with using the Service. Further limitations may be set forth in any written or on-screen notice from LogoMaker.

(h) Printed Products. Users understand that printed materials (i.e., business cards) generated from LogoMaker via LogoMaker print partners may not exactly match what is seen on a computer screen at the time of purchase. This includes colors, image placement and data input by the user. Users understand that colors chosen to generate business cards cannot be exactly duplicated by LogoMaker printing partners due to inherent limitations in printing technologies, although every reasonable effort shall be made to match colors as closely as possible.

(i) Free Web-Ready Logo. Users understand that the Free Web-Ready Logo is for use on the Internet and should not be used in printing or other channels. LogoMaker retains the rights to the logo and does not transfer the logo rights to the user until the logo is purchased by the user. Users must use the logo code as it is provided and should not alter the code in any way. User understands that the Free Web-Ready logo contains an embedded direct link to LogoMaker and/or one of its sister sites. This link is to remain embedded in the logo and should not be altered or removed.

(j) Payment. In consideration for the services provided by LogoMaker, User shall pay LogoMaker the amount set forth in each transaction.

(1) Users agree not to transmit, distribute, post, communicate or store information on, to, or through the Website that:

            (i) is copyrighted, unless Users are the copyright owner;

            (ii) reveals trade secrets, unless Users own them;

            (iii) infringes on any intellectual property, privacy, or publicity rights of others;

            (iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to others;

            (v) is sexually-explicit;

            (vi) constitutes advertisements or solicitations of business, chain letters, or pyramid schemes; or

            (vii) contains viruses, Trojan horses, worms, time bombs, or other electronic data that are intended to damage, interfere with, surreptitiously intercept, or expropriate any LogoMaker system, data, or information.

(2) Users further agree not to:

            (i) use any incomplete, false, or inaccurate information for purposes of registering as a User;

            (ii) delete or revise any information of another User or of LogoMaker;

            (iii) take any action that imposes an unreasonably large load on the Website's infrastructure;

            (iv) attempt to interfere with the proper working of this Service;

            (v) attempt to use any software, tool, or other device (including browsers, spiders, robots, avatars, agents, or the like) to navigate or search this Website other than with the search engines available from LogoMaker and other commercially available third party web browsers (e.g., Microsoft Internet Explorer, Mozilla FireFox, Google Chrome); or

            (vi) attempt to decipher, decompile, disassemble, or reverse engineer any of the software underlying the Website.

            (vii)attempt to delete or modify links or keywords embedded in the Free Web-Ready Logos.

(3) Users are prohibited from attempting to violate the security of the Website, including:

            (i) accessing data not intended for Users or logging into a server or account that Users are not authorized to access;

            (ii) attempting to probe, scan, or test the vulnerability of the Website or to breach security or authentication measures;

            (iii) attempting to interfere with the service of any user, host or network, including submitting a virus to, overloading, "flooding", "spamming", "mailbombing," or "crashing" the Website;

            (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; or

            (v) forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

(4) Violations of security of the Website may result in civil or criminal liability. LogoMaker will investigate any violation and may cooperate with law enforcement authorities in prosecuting Users involved in such violations.

(d) Operation of Website. LogoMaker reserves the right to terminate User’s ability to communicate with, or post to, the Website at any time. LogoMaker will take reasonable efforts not to disclose any information Users send to the Website. LogoMaker may disclose any information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request. LogoMaker may edit, refuse to post, or to remove any information or materials from the Website.

(e) Accessibility. LogoMaker shall not be responsible for any delays or interruptions of, errors, or omissions contained in the Website. Although LogoMaker will use reasonable efforts to make the Website and Service accessible, LogoMaker makes no representation, warranty or covenant that the Website will be available at any specific time since various circumstances may prevent or delay availability. LogoMaker may discontinue or modify the Website, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. LogoMaker shall not be responsible for any loss, cost, damage or liability that may result in such events.

(f) Termination of Access. LogoMaker reserves the right to reject, cancel, or terminate User’s access to the LogoMaker website of Free Web-Ready Logo at any time without notice. Users agree that LogoMaker shall not be liable to Users or any third party for any rejection, cancellation, or termination of such access.

3. Responsibility for Content

(a) Website. LogoMaker shall not be responsible for any use that is or is not made of the Website. LogoMaker makes no representations, warranties or guarantees regarding the truthfulness, accuracy, or reliability of any information that is communicated to and from the Website. LogoMaker does not endorse any opinions expressed by any User. Each User agrees and acknowledges that he creates a logo at his own risk and that he is responsible for taking any actions necessary to determine whether its use will infringe any third party intellectual property, privacy, or publicity right. User agrees to be solely responsible for the accuracy of the content of any logo created for User by LogoMaker.

(b) Downloads. LogoMaker does not guarantee that data made available on the Website will be free of infection or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. It is Users responsibility for implementing sufficient safeguards and procedures to ensure that any such data is free from such problems.

4. Rights to Use.

(a) User Information. For any information or media provided by User in connection with use of the Service (collectively, the "User Information"), LogoMaker has all rights necessary to use the User Information to provide the Service.

(b) License. Upon submission of User Information to the Service, User grants LogoMaker a royalty-free, perpetual, irrevocable, sublicenseable, exclusive, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, moral right, perform, display, and/or incorporate in other works, in any form, media, or technology now known or later developed for the full term of any intellectual property rights that may exist in such User Information to the extent necessary to provide the Service.

(c) User Ownership. Subject to Users compliance with this Agreement, User shall own the customized logo created by the Service. User shall not, however, own any materials, media or other content generated during the process of creating that logo or by using the Free Web-Ready Logo. User grants to LogoMaker the right to use any such material (other than the customized) for internal and archival purposes. Users also grant LogoMaker the right to utilize the customized logo in connection with advertising, marketing and promotional materials. LogoMaker shall retain sole title to and ownership of all logos created or otherwise used in connection with the production of User’s logo.

(d) LogoMaker Ownership. The contents of this Website, including the user interface, text, graphics, logos, icons, free web-ready logos, movies, images, audio files, data compilations, the selection and format thereof, as well as the underlying software and databases are the property of LogoMaker and are protected by U.S. and international copyright and trademark laws.

(1) Intellectual Property. LogoMaker owns all right, title and interest in and to all copyright, trademarks, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Website to the fullest extent provided under U.S. and international law. Users shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction, or other notice on the Website. Users shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of LogoMaker without the written consent of LogoMaker.

(2) Trademarks. User acknowledges that no trade or service marks are being conveyed under this Agreement. User acknowledges that LogoMaker has no obligation or duty to perform trade or service mark searches to validate the propriety or legality of the customized logo. Accordingly, LogoMaker encourages Users to perform their own independent searches. User acknowledges that LogoMaker shall have no responsibility to assist User in seeking state or federal intellectual property protection (i.e., trademark registration). LogoMaker shall not be responsible to assist User to perfect the Users rights.

(3) Third Party Rights. If Users believe any content appearing on the Website infringes another party’s rights, please to notify us of this infringement.

5. Registration, Password, User Identity.

(a) User Identity. When registering, Users will create an identity ("User Identity"). The User Identity will include certain information, including the industry in which Users operate. The information provided may not be treated as confidential.

(b) Passwords and Access. Users shall keep confidential the User Identity, registration identification, and password(s). Users shall immediately notify LogoMaker if Users learn of or suspect: (i) any loss or theft of a User Identity, registration identification or password, or (ii) any unauthorized use of Users registration identification or password or of the Website. In such an event, LogoMaker may impose additional security obligations on Users.

(c) Security Breaches. If any unauthorized person obtains access to the Website as a result of any act or omission by a User, that User shall use his best efforts to ascertain the source and manner of acquisition and shall promptly notify LogoMaker. Users shall cooperate and assist in any investigation relating to any such unauthorized access.

(d) Inactivity. LogoMaker will maintain and grant Users access to in-progress information until one year after the customized logo is finished. If Users have not accessed the Website after that time, LogoMaker may delete that information.

6. Privacy.

LogoMaker will use reasonable efforts to follow its privacy policy. Such privacy policy may be changed from time to time at LogoMaker's sole discretion. LogoMaker does not assume any responsibility or liability for any information submitted to the Website or for the misuse of any User Information submitted by Users or any other person, including any information accessed by a hacker or by any other malicious act. By using the Site, Users acknowledge and agree that Internet transmissions are never completely private or secure. Users understand that any message or information sent to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

7. Disclaimers; Limitations of Liability.

(a) Release from Claims. The Service serves as a venue for the creation of logos. LogoMaker does not screen or censor any information or material posted to the Website. Although LogoMaker makes reasonable efforts to determine the identity of Users, LogoMaker does not confirm the specific identity of any User. Accordingly, if a User has a dispute with another User, Users release LogoMaker from claims, demands, and damages of every kind and nature arising out of or in any way connected with such disputes.

(b) Disclaimer of Warranties. THE SERVICE IS PROVIDED "AS IS." LogoMaker MAKES NO REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED OF ANY KIND RELATING IN ANY WAY TO THE WEBSITE, INCLUDING ANY USER IDENTITY OR LINKED CONTENT. LogoMaker DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. LogoMaker SPECIFICALLY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEBSITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE, AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY LogoMaker OR ANY THIRD PARTY. FURTHER, LogoMaker DOES NOT WARRANT THAT THE WEBSITE WILL MEET USERS NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

(c) Limitation of Liability. NEITHER LogoMaker NOR ANY THIRD PARTY SHALL BE LIABLE TO USERS OR ANY OTHER PERSON FOR ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSES RELATING TO THE WEBSITE OR ANY OTHER CONTENT, WHETHER ARISING UNDER THESE TERMS OR ANY APPLICABLE LAW.

(d) Exclusion of Consequential Damages. IN NO EVENT SHALL LogoMaker OR ANY THIRD PARTY BE LIABLE TO USERS OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) ARISING UNDER OR IN ANY WAY RELATED TO THE WEBSITE OR ANY OTHER CONTENT, EVEN IF LogoMaker OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

8. Indemnification.

Users agree to defend, indemnify and hold harmless LogoMaker and its subsidiaries, affiliates, officers, agents, partners and employees from all liabilities or claims of any third party arising out of Users violation of this Agreement.

9. Linked Content.

The Website may contain links to third party Websites or other services (the "Linked Content"). The Linked Content is not under the control of LogoMaker and LogoMaker therefore is not responsible for the Linked Content. LogoMaker provides Linked Content to Users only as a convenience and the inclusion of such Linked Content is not an endorsement by LogoMaker. If Users decide to access any Linked Content, Users do so at their own risk. Users will need to make independent judgments regarding interactions with these Linked Sites.

10. Termination.

LogoMaker reserves the right to terminate Users access to all or a portion of the Service without notice. In the event of such termination, LogoMaker will determine the amount of any refund (if any) to be paid to User as a result of such termination. Should Users use of the Service result from a material breach of this Agreement, or any other agreement between LogoMaker and User, User shall not be entitled to any refund.

If LogoMaker does take any legal action against User as a result of User’s violation of these Terms of Use, LogoMaker will be entitled to recover from User, and User agrees to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to LogoMaker. Users agree that LogoMaker will not be liable to User or to any third party for termination of access to the Site as a result of any violation of these Terms of Use.

11. Violation of These Terms of Use

LogoMaker may disclose any information about Users (including identity) if LogoMaker determines that such disclosure is necessary in connection with any investigation or complaint regarding use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) LogoMaker’s rights or property, or the rights or property of visitors to or users of the Website, including LogoMaker customers. LogoMaker reserves the right at all times to disclose any information that LogoMaker deems necessary to comply with any applicable law, regulation, legal process or governmental request. LogoMaker also may disclose information when LogoMaker determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

Users acknowledge and agree that LogoMaker may preserve any transmittal or communication by Users with LogoMaker through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or LogoMaker determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of LogoMaker, its employees, users of or visitors to the Website, and the public.

12. Email communications.

LogoMaker will generally use email to communicate with User. By using the Service, Users agree to receive status notifications, a periodic newsletter, and carefully selected special offers and promotions, and third-party services LogoMaker believes could be of value to User. Users are free to unsubscribe from such communications at anytime. User’s personal identifying information will never be disclosed or shared with another party without User’s explicit permission.

13. Notice.

Any notice required or permitted to be given pursuant to these Terms shall be in writing and directed to support@logomaker.com, and shall not be deemed confidential.

14. Independent Contractors.

Each party is an independent contractor and, except as otherwise agreed to by the parties, the parties shall not have the authority to bind, represent or commit the other. Nothing in these Terms shall be deemed or construed to create joint venture, partnership or agency relationship between the parties. The parties agree and acknowledge that no User of the LogoMaker Website, LogoMaker customer or other third party has or shall have any rights as a third party beneficiary or otherwise arising from or relating to these Terms.

15. Force Majeure.

Except for the payment of the Fees by User, if the performance of any part of Terms is prevented, hindered, delayed or otherwise made impracticable by reason of any cause or event not within the reasonable control of such party and without such party’s fault or negligence, that party shall be excused from such to the extent that such party is prevented, hindered or delayed by such causes.

16. General.

This Agreement sets forth the entire agreement and understanding of the parties with respect to the subject matter and supersedes any and all prior oral or written agreements and understandings, including any and all contemporaneous oral agreements and understandings (excluding any associated agreements required by LogoMaker [e.g., privacy policy] as a condition precedent to Users use of the Service), between Users and LogoMaker regarding this Agreement. No modification, amendment, or waiver of this Agreement shall be binding unless evidenced in writing and signed by LogoMaker. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way. The language of this Agreement shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto. The section headings and other headings contained in this Agreement were selected for convenience and shall not affect the meaning or interpretation of this Agreement. This Agreement shall be governed by the substantive law of the State of Utah, without reference to any choice of law rules that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to this Agreement shall be submitted to arbitration and then to the federal courts having jurisdiction in Salt Lake City, Utah, or state courts having jurisdiction in the area in which such federal courts have jurisdiction, and the parties consent to the personal jurisdiction of such courts in respect of such disputes. Users may not assign or otherwise transfer (by operation of law or otherwise) any of Users rights or duties hereunder unless LogoMaker agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void ab initio. LogoMaker may assign or otherwise transfer any of its rights or the performance of any of its duties. The waiver by LogoMaker of a breach or a violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of this Agreement.

Any rights not expressly granted herein are reserved by LogoMaker.