TERMS OF AGREEMENT
THESE ARE THE TERMS AND CONDITIONS ("Agreement") APPLICABLE TO THE PURCHASE AND SALE OF LOGO DESIGN RELATED SERVICES AMONG YOU ("Customer", "you" or "your") AND Logo Design Guru, INC. ("Company, "us", "we" or "our") and their website, LogoSnap.com. Note- charges will appear as “Graphic and Web Design Services” on your credit card. BY PURCHASING PRODUCTS AND/OR SERVICES TO BE PROVIDED BY COMPANY OR ITS PARENT COMPANY, SUBSIDIARIES OR AFFILIATES, INCLUDING WITHOUT LIMITATION, ORDERING ANY PRODUCTS OR SERVICES THROUGH THE COMPANY WEBSITE, YOU HEREBY AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN.
YOU MAY ELECT TO PURCHASE ADDITIONAL SERVICES FROM COMPANY, OR THEIR PARTNERS AND/OR OTHER THIRD PARTIES, WHICH HAVE THEIR OWN TERMS AND CONDITIONS AGREEMENTS AND ACCEPTABLE USE AGREEMENTS, ASIDE FROM THIS AGREEMENT. THOSE AGREEMENTS SHOULD BE PRESENTED TO YOU AT THE TIME OF PURCHASE AND/OR ACCOUNT LOGIN, AND IT IS THE YOUR OBLIGATION TO REVIEW, ACCEPT AND ABIDE BY THOSE AGREEMENTS AS WELL AS THIS AGREEMENT. TERMS AND CONDITIONS FOR ALL OF OUR SERVICES CAN BE FOUND ON: http://logodesignguru.com/cgi-bin/terms.htm
The Company reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. The Company may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following the Companyâ€™s posting of any changes or modifications will constitute your acceptance of such changes or modifications.
For Do it Yourself logo, from LogoSnap.com, Customer utilizes Company's online tools to select a symbol from online library of symbols ("Company Symbol") and create a unique Customer Logo. Any text, data, or other information provided by Customer ("Content") to include in the Logo shall remain the property of the Customer. Subject to Customer's compliance with this Agreement, Customer obtains a license to use the Company Symbol in the Customer Logo. The Company retains all ownership, copyrights and any other rights to the Company Symbol. Customer is prohibited from selling, assigning, modifying, recreating, or transferring rights to the Company Symbol.
LogoSnap.com provides FREE Logo design and $29 fee per design for all other services including stationery design.
Customer understands that all Logo sales are final and no refunds shall be issued for Do it yourself logos on LogoSnap.com. In the case of Custom Logos, refunds may only be issued where with the Company's exclusive determination, Company fails to satisfy Customer's written project parameters. Where Customers are issued a refund for packaged or bundled Services, the cost of the Logo included in the package shall be deducted from any refund issued. For further custom logo refunds, please refer to Refund Policy at http://logodesignguru.com/cgi-bin/terms.htm.
DELIVERY AND ACCEPTANCE
Upon completion of its products and/or services in accordance with the terms and conditions set forth in your Contract, you shall be able to access and download your logo, created in LogoSnap, in MyDesign page, where you can download your logo , and additional design formats.
LOGO DESIGN TECHNICALITIES
Colors and File Formats:
The default color model for our logos on logosnap.com is the CMYK format unless you specify that you require PMS (Pantone) prior to the start of the project.
Formats provided for LogoSnap.com logos will be JPEG, PNG, EPS. Formats provided for LogoSnap.com business card designs will be PDF and EPS. Default color for the business card designs will be in RGB format.
INTELLECTUAL PROPERTY RIGHTS
You represent and warrant that you are the owner of or have the exclusive right to use any and all proprietary information you provide to Guru or refer to Guru in furtherance of or in connection with your Contract, including without limitation any and all trade names, trademarks, copyrights, graphics, designs, logos, written content/copy for any use, to include copy for web design and brochures/flyers and similar materials or information.
Customer understands that Company retains the rights to all Logos and does not transfer any rights to Logos to Customer unless and until Customer purchases the Logo. Upon purchasing a Logo, Company transfers rights in accordance with the terms in Section 1 herein and according to Services purchased by Customer. As between Customer and Company, any Content provided by Customer to Company for inclusion to any Logo shall remain the sole and exclusive property of Customer. Customer acknowledges that all Content is owned by Customer or that Customer has a legal right to such Content.
With respect to the Company Symbols, all ownership and intellectual property rights shall remain exclusively with Company and non-transferable in any case. Company's ownership and intellectual property rights in Company Symbols are perpetual, and continue even after Customer purchases a Customer Logo and registers under trademark.
Infringing Logo or Content.
Company reserves the right to reject, alter, or modify any Logo or Content (including, but not limited to, any language, words, text, photographs, designs, drawings, graphics, images, symbols or logos) which Company in its sole discretion deems to be:
a. An infringement on or a mechanism designed to facilitate the infringement of a propriety interest of any third party, including without limitation, any copyright, trademark, domain registration right, trade secret, or patent right. By using the Service, Customer represents and warrants that any image, text, name or word submitted to be used as all or part of the Logo does not infringe any trademark or domain name rights of any third party. Moreover, Customer warrants that it has a present good faith intention to use the Logo in connection with a commercial or personal endeavor.
b. In violation of any federal, state, county, and municipal laws, regulations, governmental agency orders, and court orders.
c. Offensive, which shall include, without limitation, bigotry, racism, discrimination, hatred, or profanity; disparaging, defamatory, libelous, or results in an invasion of privacy; promotes or provides instructional information about illegal activities or physical harm or injury to any group, individual, institution or property; infringes on a proprietary interest of any third party, including without limitation, any copyright, trademark, domain registration right, trade secret or patent right; or may violate any federal, state, county or municipal law, regulations, governmental agency orders, or court order.
d. States or implies that the Logo is placed by Company or any party with a contractual relationship with Company, or that such parties endorse the Customer's products or services.
e. Company neither sanctions nor permits Logos or Content that contain illegal or obscene material or foster or promote illegal activity. Company reserves the right to immediately suspend or terminate the Services (including terminating Customerâ€™s license to any Company Symbol) to any Customer that violates this policy, without prior notice. In the event of such termination, Customer agrees that the unused portion of any fees Customer may have paid for any Services rendered to Customer by Company are an appropriate recompense to Company for the time required to respond to and address issues created by Customer's illegal or obscene Content, and Customer agrees not to seek recovery of those fees. Further, should Customer violate this policy, Company will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, the Logo, the illegal or obscene Content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene Content.
f. Violent or encouraging violence.
g. Disparaging, defamatory, libelous, or resulting in an invasion of privacy.
h. Promotion or providing of instructional information about illegal activities or physical harm or injury to any group, individual, institution or property, or encouraging illegal or criminal conduct.
i. Promotion or facilitation of, or engaging in, consumer deception or fraud, drug use, drug dealing, pyramid schemes, gambling, or any other illegal activities.
j. Intentional holding of Company (including its affiliates) or their employees or stockholders up to public scorn, ridicule, or defamation.
Business Cards and Related Products Offered by Third Parties
In conjunction with purchasing a Logo, Customers may elect to purchase business cards or related products including, but not limited to, printed stationary and envelopes, containing the Logo purchased by the Customer. While the Company accepts orders for business cards and related products, third party companies provide business cards and related products to the Customer. Those third parties have their own terms and conditions agreements which are applicable to business cards and related products. Those agreements should be presented to you by the third party companies, and it is your obligation to review, accept and abide by those agreements as well as this Agreement. Guru shall have no responsibility or liability whatsoever with regard to business cards or related products or services offered by third parties. Customer shall deal directly with third party companies in regards to questions or concerns regarding business cards or related products.
The Company may issue coupons to Customer for business cards or related products that Customer may redeem with a third party. Customer shall be responsible for redeeming coupons prior to any expiration date. Replacements for lost, stolen or expired coupons shall not be issued. No refunds shall be issued for orders for business cards or related products offered by third parties. All rights in Logos, and any Company Symbol contained therein, printed on business cards or other products remain as described herein.
Guru reserves the right, in its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your order for any product or service offered by Guru, your Contract and/or your access to the Guru Site web site, at any time and without prior notice. You agree that Guru shall not be liable to you or any third party for any rejection, cancellation or termination of your order, your Contract or your access to the Guru web site. In the event that Guru rejects, cancels or terminates your Contract or your order for a reason other than your breach or non-performance under your Contract, Guru will return any amounts prepaid by you relating to the rejected, canceled or terminated Contract or order.
DISCLAIMER OF WARRANTIES
YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, CODES, PRODUCTS, SERVICES, TEXT, GRAPHICS, LOGOS OR OTHER ITEMS AND MATERIALS PROVIDED OR MADE AVAILABLE BY Guru ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Guru HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SUITABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. Guru MAKES NO WARRANTY THAT ITS PRODUCTS OR SERVICES WILL BE PROVIDED IN A TIMELY AND SECURE MANNER, OR WITHOUT ERRORS OR DEFECTS, OR THAT ITS PRODUCTS OR SERVICES WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. Guru DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE PRODUCTS OR SERVICES PROVIDED BY Guru WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Guru OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES), ARISING OUT OF OR RELATED TO YOUR CONTRACT, THESE TERMS AND CONDITIONS, OR THE PRODUCTS OR SERVICES PROVIDED BY Guru TO YOU, EVEN IF Guru HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN YOUR CONTRACT OR THESE TERMS AND CONDITIONS, Guru's LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE CONTRACT OR Guru's PROVISION OF PRODUCTS OR SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO Guru UNDER YOUR CONTRACT OR FOR SUCH PRODUCTS OR SERVICES.
PRINTING LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Guru OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY PRINTING DAMAGES WHATSOEVER, (to include for example, yet not excluding any other printing issues: color variation, product delivery, pricing, condition of product upon delivery, necessity or quality of printed proofs, typing or content errors) as they may relate to print services that have been fulfilled by vendors or companies outside of and for Guru, inc. This includes any vendors that may be listed on Guru.com. Color variation from your computer screen (RGB) to printed colors (PMS/Pantone or CMYK) colors can vary significantly. Guru highly recommends that you request a printed proof prior to finalizing or approving your print materials with your print vendor. Guru does not provide printing services and therefore will not be responsible for providing refunds for designs or printed materials as a result of color variation, printing costs or any other printed expense after you have approved your final design.
You agree to indemnify and hold Guru, its subsidiaries, affiliates, directors, officers, shareholders, agents and employees, harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys' fees, incurred by Guru in connection with a third party claim, demand or otherwise, due to, arising out of, related to or otherwise attributable to the actual or alleged infringement or violation of any intellectual property right asserted by a third party, or otherwise arising out of or related to (i) any materials or intellectual property provided by you in furtherance of the project contemplated by your Contract, or (ii) your use of any of the products or services provided by Guru pursuant to your Contract.
COPYRIGHT AND TRADEMARK NOTICES
All intellectual property of Guru and LogoSnap.com including all web site screens and portions thereof, graphics, original text elements, site design, logos, pictures and icons, as well as the selection, format and organization thereof, constitute proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Guru in writing or otherwise required by applicable law, any rent, lease, sale, modification, duplication, distribution, alteration, retransmission or publication of any intellectual property or proprietary information of Guru is strictly prohibited. Copyright Ã‚Â© 2003-2004 by Guru.com, Inc. All rights not expressly granted herein are reserved.
These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws of the State of Pennsylvania. Under no circumstances shall the laws of any other state be applied, even where such a result would be implicated by conflict of law principles. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of the federal and state courts located in Pennsylvania regarding any and all disputes relating to your Contract or these Terms and Conditions.
These Terms and Conditions, together with your Contract, shall constitute the sole agreement and understanding between you and Guru regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and Guru regarding the subject matter hereof, whether written or oral, other than your Contract, are superseded by these Terms and Conditions. No agreement or other understanding other than your Contract purporting to modify these Terms and Conditions shall be binding upon Guru unless otherwise agreed to by Guru in writing. The failure of Guru to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
Any questions concerning these Terms and Conditions should be directed to:
Guru Corporation.com, Inc.
370 E. Maple Ave, Suite 307,
Langhorne, PA 19047
Phone: 1-877-525-LOGO(5646) (Mon-Fri, 9-5:30 pm EST) Fax: (215)-933-6169
If you have any questions regarding our Terms and Conditions please feel to contact us via phone, email, or postage.
Call us at:
267-852-2121 (International) (Mon-Fri, 9-5:30 pm EST)
You can email us 24/7, 365 at email@example.com. Please specify in the subject line that the email is regarding Terms and Conditions.
370 E. Maple Ave, Suite 307,
Langhorne, PA 19047