Logo Maker – Terms and Conditions
1. In order to download and/or use your “Logo-Maker End Products” (i.e., the logo created by a User through and with the help of the Logo-Maker Services [defined below]) outside of the Website, whether for commercial or personal use, you must pay the Fee stated on the Website. You may not use any of the Logo-Maker End Products outside of the Website, whether for commercial or personal use, without paying all applicable and respective Fees in advance.
2. Upon payment of the aforesaid Fee, you may use purchased Logo-Maker End Products outside of the Website, whether for commercial or personal purposes provided however that prior to creating and using any Logo-Maker End Product, You shall be obligated to perform due diligence to determine that the use of the “Logo-Maker Content” (i.e., all materials displayed or performed on the Logo-Maker Services [including, but not limited to text, graphics, articles, photographs, images, icons, illustrations]) and/or Logo-Maker End Product is free of any adverse claims and is not subject to any third party rights. Various elements/items forming a part of the Logo-Maker Content may also be provided by third party content providers who in turn obtain the same from other third-party contributors. All use of the Logo-Maker Content and/or Logo-Maker End Product is at your own risk. You shall abide by all copyright notices, trademark rules, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sub-license, rent, lend, assign, gift, sell or otherwise transfer or distribute for any purposes whatsoever any portion of the Logo-Maker Content and/or the Logo-Maker End Products: (i) without the express prior written consent of the respective owners or (ii) in any way that violates any third party right. You acknowledge that some icons, fonts and symbols used whilst accessing the “Logo-Maker Services” (i.e., the services offered on the Website through the “Logo-Maker Services” portal/platform that allows a User to create, customize and manage various design assets/logos) might have been licensed from a third-party provider. Under no circumstances will We and/or our licensors, assignors, transferors and/or other providers be liable in any way for any such Logo-Maker Content and/or Logo-Maker End Products including, but not limited to, for any loss or damage of any kind incurred as a result of the use of any Logo-Maker End Products or any part thereof. You agree that you must evaluate, and bear all risks associated with, the use of any Logo-Maker Content and/or Logo-Maker End Product, including, without limitation, the existence of any third-party rights that may exist in such resources.
3. Under no circumstances will We and/or our assignors/licensors/providers be liable in any way for any Logo-Maker Content or Logo-Maker Materials (as defined below), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we do not have a duty to pre-screen Logo-Maker Content, but that we and our designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Logo-Maker Content that is available via the Logo-Maker Service. Without limiting the foregoing, we and our designees will have the right to remove any content that violates this Agreement or is deemed by us, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Logo-Maker Content, including any reliance on the accuracy, completeness, or usefulness of such content.
4. It is also clarified that You may use the Logo-Maker End Product only in its entirety and You may not use any individual element of such Logo-Maker End Product (including any element of the Logo-Maker Content) in isolation. Accordingly, You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Logo-Maker Content accessed through the Logo-Maker Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sub-license, rent, lend, assign, gift, sell or otherwise transfer or distribute for any purposes whatsoever any portion of the Logo-Maker Services, any Logo-Maker Content or third party submissions or other proprietary rights in any way that violates any third party right. Nothing stated herein shall be deemed to be construed as a transfer of any rights in and to individual elements of such Logo-Maker End Product (including any element of the Logo-Maker Content).
5. Throughout the process of accessing the Logo-Maker Services and designing the Logo-Maker End Product, We may show the User different designs and/or design concepts, however the User has no right or license to use or copy any of the designs other than the final one made available to the User after the applicable Fee has been paid for the same.
6. All of the designs that appear throughout the designing process and/or in the course of accessing the Logo-Maker Services, as well as trademarks and service marks, logos, slogans and taglines are the property of our licensors/assignors/providers (as applicable) and nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Website which are the property of such parties (the “Logo-Maker Materials”). Any use of the Logo-Maker Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
7. You hereby grant us and our licensors/providers/assignors/transferors a worldwide, royalty-free, non-exclusive license to host the designs/Logo-Maker End Products created by You and warrant that you have all the rights necessary to grant us such license. You are responsible for any content and/or Logo-Maker End Products that may be lost or unrecoverable through your use of the Logo-Maker Services. You are encouraged to back up your Logo-Maker End Products regularly and frequently.
8. User responsibilities:
1. You hereby confirm that you are at least 18 years of age and will not use the Logo-Maker Services or Logo-Maker End Products for any unlawful purposes or to conduct any unlawful acts, including fraud, embezzlement, money laundering or to impersonate another person.
2. Legality of Activity – You accept sole responsibility for all of your activities using our Website, including content you submit or share via the design process and/or accessing the Logo-Maker Services. You will not use our Logo-Maker Services for any illegal purpose. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Logo-Maker Services. You are responsible for ensuring you do not violate the laws of your jurisdiction, including but not limited to copyright, IP, trademark, design patent and related laws. We may determine, in our sole discretion, whether or not you are in violation of any of our policies. Violation of any of these policies may result in User information tracking with such information being stored to identify the offending user. Offending User may be permanently restricted from holding an account or using the Logo-Maker Services. If we reasonably determine that your Account is being used for illegal or fraudulent activity, then your Account may be immediately terminated. We may also report you to law enforcement officials in the appropriate jurisdictions.
3. You will not create Logo-Maker End Products using the Logo-Maker Services that are: pornographic, sexually explicit, violent, reasonably likely to cause harm, or that could be reasonably considered as slanderous, libelous, defamatory or derogatory to any religion or belief, contrary to public policy, or capable of stirring communal discontent/disharmony or infringe the copyright, right of privacy, right of publicity, moral right, or any other right whatever of any person or otherwise violate or infringe upon any other right or rights of, any third party.
9. Refund :
The Fee attributable to the Logo-Maker End Product shall be non-refundable unless otherwise determined by us and/or our assignors/licensors/transferors/providers in our sole discretion.
You hereby agree to indemnify us, defend us and hold us harmless and our licensors/assignors/providers and each of our and their respective officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns from and against any claims, actions, suits, proceedings, losses, liabilities, judgments, settlement amounts, costs and expenses arising out of or relating to your use of the Logo-Maker Services, Logo-Maker End Products, designs or Website, including, without limitation, all claims relating to your use of the Logo-Maker End Products and/or Logo-Maker Content.
Limitation of Liability and Disclaimer: OUR WEBSITE, LOGO-MAKER END PRODUCTS, LOGO-MAKER SERVICES AND LOGO-MAKER MATERIALS, AND/OR ANY OTHER LOGO-MAKER CONTENT OR PRODUCT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF THE LOGO-MAKER END PRODUCTS, LOGO-MAKER CONTENT AND/OR LOGO-MAKER SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE LOGO-MAKER END PRODUCTS, LOGO-MAKER CONTENT, LOGO-MAKER SERVICES AND YOUR USE THEREOF. WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER REGARDING THE ACCURACY OF CONTENT OR DESIGNS. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, NON-INFRINGEMENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE LOGO-MAKER CONTENT, LOGO-MAKER END PRODUCTS, OUR LOGO-MAKER SERVICES AND WILL NOT, IN ANY EVENT, DIRECTLY OR INDIRECTLY BE HELD AGAINST US, OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS. WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OF THE LOGO-MAKER END PRODUCTS, LOGO-MAKER CONTENT AND/OR LOGO-MAKER SERVICES AND/OR UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN. WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS SHALL NOT BE HELD ACCOUNTABLE FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, NOR FOR ANY BUGS, VIRUSES OR TROJAN HORSES THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, NOR FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT NOR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE AND/OR THE LOGO-MAKER SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS ARE NOT LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER. WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS WILL NOT BE IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS WILL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT. WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY USING OUR WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE DO NOT MAKE ANY REPRESENTATIONS THAT OUR WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE AND/OR THE LOGO-MAKER SERVICES FROM JURISDICTIONS PROHIBITING SUCH USE DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LOCAL LAW. NEITHER US NOR OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS AND/OR THIRD PARTY CONTENT PROVIDERS ARE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF THE LOGO-MAKER SERVICES AND/OR THE LOGO-MAKER END PRODUCTS AND/OR THE LOGO-MAKER CONTENT (INCLUDING THE USE OF THE BRANDING PRODUCTS AND LOGOS). YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE WEBSITE, THE LOGO-MAKER SERVICES AND OUR LOGO-MAKER CONTENT.