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.
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.
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.
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).
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.
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.
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.
User
responsibilities:
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.
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.
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.
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.
Indemnity:
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.
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