By creating an account and becoming a User of LogoGarden or by accessing or using the LogoGarden website, the LogoGarden symbol library, and/or the LogoGarden business card and logo creation process, you agree to adhere to and be bound by the terms and conditions in this Agreement. LogoGarden reserves the right to change the terms and conditions of the Agreement and such modifications shall be effective immediately.
(a) In this Agreement, LogoGarden’s logo and business card creation process—including, but not limited to, all web tools, fonts, symbols, photographs, user interface, “look and feel,” data, other content, and the selection, coordination, and arrangement of such content—are referred to as the “Service.”
(b) LogoGarden’s web interface, including but not limited to, its URL, web tool, and online content, is referred to as the “Web Site.”
(c) The “Logo Product” shall refer to the logo design product—including the logo itself as well as business cards and other business products imprinted with the same—that the User creates and purchases while using the Service and any derivatives made thereafter.
(a) Description. The Service is a process where individuals (the “Users”) can create and design a customized logo and/or business card using materials provided by LogoGarden’s online web tool.
(b) License. By consenting to this Agreement, Users are purchasing a non-exclusive License to use the symbols and associated materials in our Service to create their logos. LogoGarden retains the copyrights and all associated rights to the original symbols in LogoGarden’s symbol library, but the License allows Users to use and display that symbol in their customized logos. The symbols and other materials used in any preliminary design that are not contained in the final version of a User’s logo remain the property of LogoGarden.
(c) Payment. When Users complete their logo and/or business card design and choose to submit payment, the Users are charged for the Services. 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.
(d) Refunds. The User understands that all sales are final and no refunds shall be issued. LogoGarden has the right to cancel orders and provide a refund at any point in the development process. LogoGarden retains the right to modify or change this policy at any time without notice.
(a) Eligibility. A User must be at least 18 years of age, accept the Agreement, and complete the registration process in order to use LogoGarden’s Service. By registering, the User represents and warrants that:
(1) the information they include as part of the registration process is complete and accurate, and
(2) if they are registering on behalf of an entity, that they are authorized to bind that entity to this Agreement.
The User acknowledges that LogoGarden is not required to accept any User’s registration.
(b) Permitted Uses. Users may access and use the Service only according to this Agreement and any posted policies and procedures that appear on the Web Site. Specifically, the User acknowledges the following:
(1) the User may display the Web Site on an internet access device, and
(2) the User agrees not to print copies of portions of the LogoGarden website or Service.
(3) the User agrees not to modify the website or Service, or any portion of it, except by the express written consent of LogoGarden.
(c) Prohibited Uses. Users may not frame or use any framing techniques to enclose any portion of the Service or Web Site without the written consent of LogoGarden. Users may not use articles without written consent of LogoGarden. Users may not use meta tags or any other “hidden text” that utilize the LogoGarden trademark or company name without the written consent of LogoGarden. Users may not broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create derivative works from the Web Site. 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 LogoGarden.
(d) Accessibility. LogoGarden shall not be responsible for any delays, interruptions of, errors, or omissions contained in the Web Site. LogoGarden makes no representation, warranty, or covenant that the Web Site will be available at any specific time since various circumstances may prevent or delay availability. LogoGarden shall not be responsible for any loss, cost, damage, or liability that may result in such events.
(e) User Acknowledgements, Representations, and Warranties. The User hereby acknowledges, represents, and warrants that he or she agrees to the following terms and conditions of Use:
(1) Distribution and Storage. Users agree not to transmit, distribute, post, communicate, or store information on, to, or through the Web Site that:
(i) is copyrighted or reveals trade secrets, unless User owns such copyrights or other intellectual property;
(ii) contains viruses, Trojan horses, worms, time bombs, or other electronic data that are intended to damage, interfere with, surreptitiously intercept, or expropriate any LogoGarden system, content, data, or information.
(iii) is defamatory, libelous, invasive of the personal or privacy rights of others, or refers to or depicts third parties in a false light or any other actionable manner.
(2) Internet Functionality. Users further agree not to:
(i) use any false, or inaccurate information for purposes of registering as a User;
(ii) attempt to interfere with the proper working of this Service;
(iii) attempt to use any software, tool, or other device (including browsers, spiders, robots, avatars, agents, or the like) to navigate or search this Web Site other than with the search engines available from LogoGarden and other commercially available third party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer).
(3) Web Site Security. Users are prohibited from attempting to violate the security of the Web Site, including:
(i) accessing data not intended for Users or attempting to probe, scan, or test the vulnerability of the Web Site or to breach security or authentication measures;
(ii) attempting to interfere with the service of any user, host, or network.
(iii) forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
The User hereby acknowledges that violations of the Web Site’s security may result in civil or criminal liability. LogoGarden will investigate any violation and will cooperate with law enforcement authorities in prosecuting Users involved in such violations.
(4) Printed Products. Users understand that business cards generated from LogoGarden via LogoGarden’s 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 LogoGarden printing partners due to inherent limitations in printing technologies, although every reasonable effort shall be made to match colors as closely as possible.
By agreeing to these Terms of Service, the User acknowledges the following:
(a) Intellectual Property Ownership. The contents of this Web Site, including the Intellectual Property, graphics, user interface, text, symbols, movies, images, audio files, data compilations, the selection and format thereof, as well as the underlying software and databases are the property of LogoGarden and may be protected by U.S. and international copyright and trademark laws. Under this License Agreement, Users cannot sell, assign, or transfer rights to the symbol, but any trademark rights developed in the customized Logo Product will be owned by the User, in adherence to section 4(b).
(b) License to User content. You hereby grant, and you represent and warrant, that you have the right to grant, to LogoGarden an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license for all the duration of the intellectual property rights to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services; You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
(c) Prohibited Uses Related to Intellectual Property. Users shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction, or other notice on the Web Site. Users shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of LogoGarden without the written consent of LogoGarden.
(d) Trademark and Copyright Searches. The User hereby acknowledges that no trademark, copyright, or service marks are being conveyed under this Agreement. User acknowledges that LogoGarden has no obligation or duty to perform copyright, trademark, or service mark searches to validate that the symbol database is not infringing on any trademark, copyright or service marks. Accordingly, LogoGarden encourages Users to perform their own independent searches.
(e) Registration of Intellectual Property. The User acknowledges that LogoGarden shall have no responsibility to assist User in seeking state or federal intellectual property protection (i.e., copyright or trademark registration). LogoGarden shall not be responsible for assisting User in perfecting or protecting the User’s rights.
(f) Notifications of Potential Infringement. LogoGarden makes no representation or warranty, and expressly disclaims any liability with respect to the content of the licensed symbols and Service. LogoGarden disclaims all errors, omissions, claims of infringement, and all other causes of action based on the License granted under these Terms of Service, including but not limited to claims of infringement of trademark rights, infringement of copyright, and infringement of moral rights. If Users believe any content appearing on the Web Site infringes another party’s rights, it is the User’s responsibility to avoid an infringing use of such content. If the User suspects that a symbol is potentially infringing a copyright of the User or of a third-party, please notify us of this alleged infringement immediately.
(g) Allocation of Responsibility and Liability for Infringing Logo Products. Each User expressly agrees and acknowledges that s/he creates a Logo Product at his or her own risk and that s/he is responsible for taking any actions necessary to determine whether the use will infringe any third party intellectual property rights—including, but not limited to, trademark rights and/or copyright protection. The User acknowledges that he or she bears the burden of ensuring that the Logo Product—as delivered by LogoGarden’s Service and as later changed by the User in commerce—does not infringe the rights of others.
(h) Intended Uses. The licensed symbols are intended for use only with properly licensed media, content, and content creation tools. It is the User’s responsibility to ascertain whether any copyright, trademark, patent, or other licenses are necessary and to obtain any such licenses to create, distribute, or use the Logo Product. The User agrees to distribute and use only those Logo Products for which it has the necessary copyright, trademark, or other permissions and clearances.
(i) Disclaimer of Warranties and Liability. The LogoGarden Service is provided “AS IS.” As further provided in Section 7 below, LogoGarden MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING IN ANY WAY TO THE WEB SITE, including, but not limited to, any user identity or linked content. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, LogoGarden SPECIFICALLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. LogoGarden DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL LIABILITY FOR ANY DAMAGES WHATSOEVER.
(j) Indemnification. The User agrees to indemnify and hold LogoGarden and its directors, officers, employees, and agents harmless from and against any and all claims, actions, proceedings, damages, losses, and expenses (including reasonable attorneys’ fees) arising from User’s use of the Service, from User’s use of the Service or the Logo Product, and from any breach by the User of any of the Terms of Service. For example, in the event that a User’s logo design, created from LogoGarden’s Web Site and Service, is found to be an infringement of a third party’s intellectual property rights, the User expressly agrees to hold LogoGarden harmless and to indemnify LogoGarden against any such claim and damages.
(a) Web Site. LogoGarden makes no representations, warranties, or guarantees regarding the truthfulness, accuracy, or reliability of any information that is communicated to and from the Web Site. LogoGarden does not endorse any opinions expressed by any User.
(b) Downloads. LogoGarden does not guarantee that data made available on the Web Site will be free of infection or viruses, worms, Trojan horses, etc. It is the User’s responsibility for implementing sufficient safeguards and procedures to ensure that any data is free from such problems.
(a) Registration, Password, User Identity. The User hereby acknowledges the following:
(1) 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.
(2) Passwords and Access. Users agree to keep confidential the User Identity, registration identification, and password(s).
(3) Inactivity. LogoGarden will maintain and grant Users access to in-progress information until one year after the logo is paid for. If Users have not accessed the Web Site after that time, LogoGarden may delete that information at its option.
(b) Privacy. LogoGarden will use reasonable efforts to follow its privacy policy. Such privacy policy may be changed from time to time at LogoGarden’s sole discretion.
(c) User Information. For any information or media provided by User in connection with use of the Service (collectively, the “User Information”), LogoGarden has all rights necessary to use the User Information for the purposes of providing the Service.
(d) License of User Information. Upon submission of User Information to the Service, User grants LogoGarden a royalty-free, irrevocable, perpetual, exclusive, worldwide license to use, reproduce, modify, publish, sublicense, create derivative works from, distribute, communicate to the public, 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.
(a) Release from Claims. The Service serves as a venue for the creation of logos. LogoGarden does not screen or censor any information or material posted to the Web Site. Although LogoGarden makes reasonable efforts to determine the identity of Users, LogoGarden does not confirm the specific identity of any User. Accordingly, if a User has a dispute with another User, Users release LogoGarden from claims, demands, and damages of every kind and nature arising out of or in any way connected with such disputes.
(b) Limitation of Remedy. LogoGarden SHALL NOT BE LIABLE TO USERS OR ANY OTHER PERSON FOR ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSES RELATING TO THE WEB SITE OR ANY OTHER CONTENT, WHETHER ARISING UNDER THESE TERMS OR ANY APPLICABLE LAW IN ANY AMOUNT OVER AND ABOVE THE AMOUNT PAID BY THE USER TO LogoGarden FOR THE SERVICE.
(c) Exclusion of Consequential Damages. IN NO EVENT SHALL LogoGarden BE LIABLE TO USERS 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 WEB SITE OR ANY OTHER CONTENT, EVEN IF LogoGarden HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(d) Indemnification. The User agrees to defend, indemnify, and hold harmless LogoGarden and its subsidiaries, affiliates, officers, agents, partners, and employees from all liabilities or claims of any third party arising out of the User’s violation of this Agreement.
The Web Site may contain links to third party web sites or other services (the “Linked Content”). The Linked Content is not under the control of LogoGarden, and LogoGarden therefore is not responsible for the Linked Content. Linked Content is not an endorsement by LogoGarden. If Users decide to access any Linked Content, Users do so at their own risk.
LogoGarden reserves the right to terminate a User’s access to all or a portion of the Service WITHOUT NOTICE OR REFUND.
From time to time, LogoGarden will use email to communicate with the User. By using the Service, Users agree to receive status notifications, a monthly newsletter, carefully selected special offers and promotions, and third-party services that LogoGarden believes could be of value to User. Users are free to unsubscribe from such communications at anytime.
(a) Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties with respect to the subject matter. It supersedes any and all prior oral or written agreements and understandings between Users and LogoGarden regarding this Agreement. No modification, amendment, or waiver of this Agreement shall be binding unless evidenced in writing and signed by LogoGarden.
(b) Severability. If any part of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being invalidated in any way. The language of this Agreement shall be deemed to be the language mutually chosen by the parties.
(c) Governing Law, Venue, and Jurisdiction. This Agreement shall be governed by the substantive law of the State of Queensland, 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 and all disputes arising out of or relating to this Agreement shall be resolved by binding arbitration and that any such hearing shall be held in Brisbane, Australia. The parties agree that this will be a private arbitration with one sole Arbitrator who shall be a Queensland attorney licensed to practice law for more than 10 years. If the parties cannot agree on an Arbitrator, then the party demanding arbitration shall be required to file a legal action in a court of appropriate jurisdiction located in Queensland, Australia under the applicable arbitration law and request the court to appoint an arbitrator. All costs of arbitration will be borne equally, and if LogoGarden is the prevailing party it shall be entitled to recover its reasonable costs and attorney’s fees.
(d) Non-Transferability. A User may not assign or otherwise transfer (by operation of law or otherwise) any of the User’s rights or duties hereunder unless LogoGarden 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. LogoGarden may assign or otherwise transfer any of its rights or the performance of any of its duties. The waiver by LogoGarden 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.
(e) Reservation of Rights. Any rights not expressly granted herein are reserved by LogoGarden.
(a) Description. The Service is a process where individuals (the “Website Creators”) can create and design a customized website using materials provided by LogoGarden’s online web tool, the DIY Website Builder after designing a customized logo. The DIY Website Builder is a product of LogoGarden.com Pty Ltd that allows clients to construct custom websites for a fraction of the price. The DIY Website Builder includes www.logogarden.com and all related websites, toolbars, widgets, features, the Created Websites hosted on, and other services offered in conjunction with the DIY Website Builder product (the “Service”). LogoGarden reserves the right to modify, suspend, or discontinue the Service with or without notice.
(b) License. By consenting to this Agreement, Website Creators are purchasing a non-exclusive, limited License to use the symbols and associated materials in our Service to create their websites. LogoGarden retains the copyrights and all associated rights to the original content in LogoGarden’s Content Library (a.k.a. the “Service Content”), but the License allows Users to modify, use, and display that content in their customized websites in ways consistent with the intellectual property rights and other rights of third parties.
(c) Fees & Payment. The basic functionality that allows you to design a website is free of charge. You have the opportunity to upgrade your account and purchase optional services and additional features as they may be made available by LogoGarden, including web hosting services. When Website Creators complete their website design and choose basic hosting or premium services, they are charged for the Services based on the prices listed on LogoGarden’s Feature Sheet. The Feature Sheet is subject to change without notice based on the sole discretion of LogoGarden. Once Website Creators have made their selection, Website Creators are then charged on a monthly basis, based on the level of services being used by them. Website Creators must pay for the Service via credit card or other payment method authorized at the time of payment.
Website Creators’ credit cards will be billed automatically on a monthly basis for ongoing hosting and premium services. If Website Creators pay by credit card, they will be required to provide a valid credit card number and billing address when registering. Website Creators acknowledge that credit card and billing information may be shared with third parties such as payment processors.
The payment policies for Website Creators may change at any time. Website Creators are free to cancel part or all of the Service at any time by canceling with LogoGarden’s billing department. Users are also free to opt out of the automatic draft payment method by request.
(d) No Refunds. You understand that all sales are final and no refunds shall be issued. LogoGarden has the right to cancel orders and provide a refund at any point in the development process. LogoGarden retains the right to modify or change this policy at any time without notice.
(e) Taxes. You are responsible for paying all taxes owed from your use of the Service and any Created Website, including, but not limited to, sales taxes on products bought and sold via Created Websites. If LogoGarden is required to collect any taxes, such taxes will be added to your monthly bill.
(a) Eligibility. You must be at least 18 years of age, accept the Agreement, and complete the registration process in order to use LogoGarden’s Service. By registering, you represent and warrant that:
(1) the information you include as part of the registration process is complete and accurate, and
(2) if you are registering on behalf of an entity, that you are authorized to bind that entity to this Agreement, and
(3) if any of the registration information provided should change, that you are solely responsible for keeping such information up to date with LogoGarden.
You acknowledge that LogoGarden is not required to accept any Website Creator’s and/or User’s registration.
(b) Permitted Uses. You may access and use the Service only according to this Agreement and any posted policies and procedures that appear on the Web Site. Specifically, you acknowledge the following:
(1) you may display the Service and Created Websites on an internet access device, and
(2) you agree not to modify the Service, or any portion of it, except by the express written consent of LogoGarden.
(3) you may create and edit content on your own, unique Created Website.
(4) you may access and use a Created Website hosted on the Service. Such Users acknowledge that any registration information may be made available to the Website Creator of that particular site.
(c) Prohibited Uses. You may not frame or use any framing techniques to enclose any portion of the Service without the written consent of LogoGarden. You may not use articles without written consent of LogoGarden. You may not use metatags or any other “hidden text” that utilize LogoGarden’s trademark or company name without the written consent of LogoGarden. Except as expressly provided under this Agreement for Created Websites, you may not broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit, or create derivative works from the Service or Service Content. You may NOT engage in any activity through the Service or post any User Content (further defined below) that:
• May constitute or contribute to a crime or tort;
• Is criminal, tortious, illegal, fraudulent, hateful, malicious, threatening, discriminatory, libelous, pornographic, or invasive of rights of privacy and/or publicity;
• Infringes on another party’s proprietary rights including copyright, trademark, patent, rights of publicity, or trade secret rights;
• Solicits or posts personally identifying information, so as to encourage or enable identity theft;
• Violates applicable export control laws;
• Constitutes false advertisement; or
• In any way constitutes a violation of these Terms of Service or of applicable law.
Further limitations may be set forth in any written or on-screen notice from LogoGarden. LogoGarden has the right but not the obligation to disable any Created Website and or any User Content for any Website Creators or Users who engage in such Prohibited Uses. Anyone who engages in Prohibited Uses are subject to LogoGarden’s Take-Down Policies, further described in Section (5) below.
(d) Non-Use & Deactivation. If your account is inactive for more than one year, LogoGarden reserves the right, in its sole discretion, to disable or deactivate your Created Website.
(e) Storage. You acknowledge that LogoGarden is not responsible for backing up, saving, storing, or otherwise preserving any User Content, Created Website design, User Statistics, or other data, etc. You acknowledge that you are solely responsible for backing up and storing User Content, Created Websites, and all other information you want preserved.
(f) Accessibility. LogoGarden shall not be responsible for any delays, interruptions of, errors, or omissions contained in the Web Site. LogoGarden makes no representation, warranty, or covenant that the Web Site will be available at any specific time since various circumstances may prevent or delay availability. LogoGarden shall not be responsible for any loss, cost, damage, or liability that may result in such events. LogoGarden DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL LIABILITY ARISING FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE.
(g) Subdomains. LogoGarden will give each Website Creator a subdomain name for each Created Website. You have a limited, non-exclusive, non-transferable, freely revocable license to use that subdomain on the Service. Website Creators are solely responsible for all activity taking place under the given subdomain.
(h) User Acknowledgements, Representations, and Warranties. You hereby acknowledge, represent, and warrant that you agree to the following specific terms and conditions of Eligibility and Use:
(1) Distribution and Storage. Users agree not to transmit, distribute, post, communicate, or store information on, to, or through the Service that:
(i) is copyrighted or reveals trade secrets, unless You own such copyrights or other intellectual property or have a valid license to use such property;
(ii) contains viruses, Trojan horses, worms, time bombs, or other electronic data that are intended to damage, interfere with, surreptitiously intercept, or expropriate any LogoGarden system, content, data, or information.
(iii) is defamatory, libelous, invasive of the personal or privacy rights of
others, or refers to or depicts third parties in a false light or any other actionable manner.
(2) Internet Functionality. You further agree not to:
(i) use any false, or inaccurate information for purposes of registering as a Website Creator or User;
(ii) attempt to interfere with the proper working of this Service;
(iii) attempt to use any software, tool, or other device (including browsers, spiders, robots, avatars, agents, or the like) to navigate or search this Web Site other than with the search engines available from LogoGarden and other commercially available third party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer).
You acknowledge that LogoGarden does not guarantee that data made available on the Service will be free of infection or viruses, worms, Trojan horses, etc. It is your responsibility to implement sufficient safeguards and procedures to ensure that any data is free from such problems and to ensure that your computer hardware and software is protected from such problems.
(3) Security. You are prohibited from attempting to violate the security of the Service, including:
(i) accessing data not intended for Website Creators or Users or attempting to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures;
(ii) attempting to interfere with the service of any user, host, or network;
(iii) forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
You hereby acknowledge that violations of the Service’s security may result in civil or criminal liability. LogoGarden will investigate any violation and will cooperate with law enforcement authorities in prosecuting Users and Website Creators involved in such violations.
(4) Advertising. You acknowledge that LogoGarden has the right to and will run third-party advertising on the Service and on Created Websites. Any Advertising Policy drafted and adopted by LogoGarden will automatically become incorporated into these Terms of Service by reference. LOGOGARDEN IS NOT RESPONSIBLE OR LIABLE FOR LOSSES OR DAMAGES INCURRED AS A RESULT OF ADVERTISERS ON YOUR CREATED WEBSITE.
(a) User Content. Website Creators and Users control content added by Website Creators and/or Users. LogoGarden claims no ownership rights in any text, copy, images, videos, photographs, sound files, musical works, blog posts, forums, listings, customer information, logos, trademarks, or any other work of authorship or any other proprietary information or material (“User Content”) added to or uploaded by Website Creators or Users. Because you control your self-created websites, you are solely responsible for the removal of any User Content that violates these Terms of Service or that violates the rights of any third parties. LogoGarden is under no obligation to monitor created or hosted websites. You hereby agree to abide by the Take-Down Policy, further defined below.
You acknowledge that LogoGarden does not endorse, condone, support, or in any way adopt the views, ideas, messages, or content uploaded by any of its Website Creators or Users. You acknowledge that User Content may be offensive, objectionable, or indecent and that you use the Service at your own risk. You acknowledge that LogoGarden is not responsible for ensuring the accuracy, legality, safety, or usefulness of any User Content.
(b) Third Party User Contracts. Website Creators are responsible for any and all contracts entered into by and through Created Websites on the DIY Website Builder Service. Website Creators agree that LogoGarden will not be responsible for complaints, liabilities, responsibilities, obligations, or any other contractual or fiduciary duty to a third-party User undertaken by a Website Creator. nbsp; LogoGarden is under no obligation to become involved in disputes between Website Creators and Users, between Website Creators and other Website Creators, or between Users and other Users.
You are solely responsible for protecting the privacy of User data and financial information collected by you. You hereby grant LogoGarden a nonexclusive, perpetual, worldwide, royalty-free license to use aggregated User Data that you collect for any reasonable business purpose of LogoGarden.
(c) Linked Content. The Service, including without limitation Created Websites and User Content, may contain links to third party web sites or other services (the “Linked Content”). The Linked Content is not under the control of LogoGarden, and LogoGarden therefore is not responsible for the Linked Content. Linked Content is not an endorsement by LogoGarden. If you decide to access any Linked Content, you do so at your own risk.
(d) User Statistics. LogoGarden will collect user data based on the activity of Website Creators and Users. Any statistics or other data on Users or Website Creators collected by LogoGarden is the sole property of LogoGarden. LogoGarden owns all the right, title and interest, including applicable intellectual property rights in all User Statistics or other user data collected by LogoGarden. You hereby grant LogoGarden a nonexclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, fully paid-up, royalty-free license to copy, use, publish, modify, store, create derivative works from, publicly perform, and publicly display all User Statistics and/or other user data for which you have an ownership interest on the Service or for any other purposes consistent with LogoGarden’s Privacy Policy.
(e) Public Content. When you agree to make your created website “Public,” you recognize that you will be making your content available to the public at-large, worldwide. You recognize that LogoGarden cannot and does not have control over what third parties do with Public User Content, and you recognize that Public User Content may still be available via caching methods or other methods of storage, even after you have removed such content from the Service.
(f) Website Maintenance. As a Website Creator, you are responsible for maintaining and supporting your Created Website, including answering questions and other support calls from Users.
By agreeing to these Terms of Service, you acknowledge the following:
(a) Intellectual Property Ownership. The contents of this Service, including the intellectual property, graphics, user interface, text, symbols, movies, images, audio files, data compilations, templates, the selection and format thereof, all of the Service Content in the Content Library, as well as the underlying software and databases are the property of LogoGarden and may be protected by U.S. and international copyright and trademark laws. Under this License Agreement, you cannot sell, assign, or transfer rights to the Service Content, but any User Content developed by you outside of the Service and uploaded to a Created Website will be owned by you. LogoGarden’s trademarks, service marks, logos, trade names, and other distinctive branding features are owned solely by LogoGarden and may not be used without express, written permission. LogoGarden reserves the right to include any of its marks and branding or copyright notices on any Created Website.
(b) Nonexclusive License to Service Content. LogoGarden hereby grants you a limited, freely revocable, non-assignable, non-sublicensable, nonexclusive license to customize, modify, reproduce, and display the Service Content on any Created Website created by you. You may not customize or modify the Service Content in any way that is illegal or that creates a work that infringes the rights of third parties. The Service Content includes all pictures, copy, text, graphics, logos, visual art, photographs, stock language, video files, page layouts, or other type of media created by or for LogoGarden and made available to you through the Content Library or otherwise through the Service for incorporation into Created Websites. Service Content does not include content posted, uploaded, or created by other Website Creators or Users. You may not copy, distribute, display, create derivative works from, publicly perform, or otherwise use content that is not contained in the Content Library or that is not created by you unless you have a separately-negotiated license to do so. Service Content also does not include software codes underlying the Service, and such software codes are not licensed hereunder. Copying or other use of LogoGarden’s proprietary software information will constitute actionable infringement. As between you and LogoGarden, the Service Content is owned 100% by LogoGarden.
(c) Nonexclusive License to Created Website and User Content. You hereby grant to LogoGarden a nonexclusive, perpetual, worldwide, irrevocable, transferable, royalty-free license to host, copy, distribute, display, store, perform, make derivative works from, edit, and otherwise use all of the User Content, media, copy, text, and other works of authorship on Website Creators’ Created Websites or otherwise uploaded by you to provide the Service in all formats now known or hereinafter invented.
(d) Representations, Warranties, and Indemnities Related to User Content. Website Creators and Users hereby represent and warrant (i) that any and all User Content is owned by the person or entity uploading it to the Service; (ii) that User Content does not violate the intellectual property rights, copyright, trademark rights, rights of publicity, privacy rights, or any other proprietary or other right whatsoever belonging to any third party; (iii) that all User Content consisting of intellectual property not owned 100% by you has been properly licensed and all royalties owing and due have been paid in full by you, and that you have fulfilled all duties to account to joint authors or others with shared rights in any work of authorship contained in the User Content; and (iv) that all User Content is not excessively violent, harassing, or otherwise illegal.
(e) Agreement to Abide by Take-Down Policy. You hereby agree to abide by LogoGarden’s take-down policy. If LogoGarden receives written take-down notices from content owners or those with a colorable claim to content ownership requesting that such content not be hosted or displayed via the Service, LogoGarden reserves the right, but does not have the obligation, to take down such content immediately without prior notice to the Website Creator or User.
LogoGarden’s take-down policies are consistent with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that any User Content, Created Website, or other portion of the Service violates your copyrights, submit a notification, which includes the following information:
• signature of complainant;
• description of copyrighted work being infringed;
• description of where such infringing material is located on the Service;
• complainant’s address, telephone number, and email address;
• a statement attesting that you have a good faith belief that the disputed use is not authorized by the copyright owner, the copyright owner’s agent, or the law;
• a statement attesting that, under penalty of perjury, the above information is accurate and you are the copyright owner or a duly authorized agent of that copyright owner.
You can submit the take-down notice to LogoGarden at:
LogoGarden
433 Logan Road
Stones Corner QLD 4120
Australia
Website Creators are responsible for implementing their own DMCA take-down policy consistent with the one described above for all Created Websites.
In addition to exercising its authority to remove material that potentially infringes a copyright, LogoGarden also reserves the right to enforce its take-down policy against Website Creators and/or Users who engage in Prohibited Uses or otherwise violate these Terms of Service. Without taking on any obligation to monitor, LogoGarden may monitor Created Websites at its own discretion and remove any User Content that is violative of the rights of others or threatens the safety of any person.
If LogoGarden chooses to exercise its option to remove offending content, then the Website Creators and Users hereby agree that any such take-down shall not provide it with a cause of action against LogoGarden. LogoGarden is not responsible for backing up or saving deleted content or content that has been removed pursuant to this take-down policy. It is the sole responsibility of the Website Creator and/or User to store and backup User Content that it wants to preserve.
(f) Prohibited Uses Related to Intellectual Property. You shall not remove, conceal, or alter any copyright notice, byline information, disclaimer, restriction, or other notice on the Web Site. You shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of LogoGarden without the written consent of LogoGarden.
(g) Registration of Intellectual Property. You acknowledge that LogoGarden shall have no responsibility to assist you in seeking state or federal intellectual property protection (i.e., copyright or trademark registration). LogoGarden shall not be responsible for assisting you in perfecting or protecting your rights.
(h) Notifications of Potential Infringement. LogoGarden makes no representation or warranty, and expressly disclaims any liability with respect to the Service Content. LogoGarden disclaims all errors, omissions, claims of infringement, and all other causes of action based on the License granted under these Terms of Service, including but not limited to claims of infringement of trademark rights, infringement of copyright, and infringement of moral rights. If you believe any content appearing on the Web Site infringes another party’s rights, it is your responsibility to avoid an infringing use of such content.
(i) Allocation of Responsibility and Liability for Infringing Created Websites. You expressly agree and acknowledge that you constructed a Created Website at your own risk and that you are responsible for taking any and all actions necessary to determine whether the Created Website will infringe any third party intellectual property rights—including, but not limited to, trademark rights and/or copyright protection. You acknowledge that you bear the burden of ensuring that the Created Website—as delivered by LogoGarden’s DIY Website Builder Service and as later changed by Website Creators and/or Users in commerce—does not infringe the rights of others.
6. Rights to Information & Privacy.
(a) Registration, Password, User Identity. You hereby acknowledge the following:
(1) Service Identity. When registering, you will create an identity (“Service Identity”). The Service Identity will include certain information, including the industry in which you operate. The information provided may not be treated as confidential. You are responsible for all activity taking place under that particular Service Identity.
(2) Passwords and Access. You agree to keep confidential the Service Identity, registration identification, and password(s). You agree not to share this information with third parties. You agree to provide LogoGarden prompt notice of any unauthorized use of your password or account.
(b) Privacy. LogoGarden will use reasonable efforts to follow its Privacy Policy. Such privacy policy may be changed from time to time at LogoGarden’s sole discretion.
(c) Your Information. For any information or media provided by you in connection with your use of the Service, LogoGarden has all the rights necessary to use that information for the purposes of providing the Service.
(d) License of Your Information. Upon submission of your information to the Service, you grant LogoGarden a royalty-free, irrevocable, perpetual, exclusive, worldwide license to use, reproduce, modify, publish, sublicense, create derivative works from, distribute, communicate to the public, 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 information to the extent necessary to provide the Service.
7. Termination.
LogoGarden reserves the right to terminate your access to all or a portion of the Service WITHOUT NOTICE OR REFUND for any reason or for no reason. Either party may terminate the account and end use of the Service at any time for any or for no reason. If you terminate your account, LogoGarden has no obligation to help you migrate your data and/or the Created Website to another web host.
8. Email Communications.
From time to time, LogoGarden will use email to communicate with you. By using the Service, you agree to receive status notifications, a newsletter, carefully selected special offers and promotions, and third-party services that LogoGarden believes could be of value to you. You are free to unsubscribe from such optional communications at anytime. You acknowledge that LogoGarden will still send account-related communications to the address provided even if you have opted out of the optional communications.
9. Disclaimer of Warranties, Limitation of Liability, and Indemnification.
(a) Disclaimer. The LogoGarden Service (including third party User Content and third-party constructed Created Websites) is provided “AS IS” and “AS AVAILABLE.” LogoGarden MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING IN ANY WAY TO THE SERVICE, including, but not limited to, any user identity, linked content, the volume of traffic to be expected, etc. LogoGarden MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND THAT THE SERVICE OR CREATED WEBSITES OR SERVERS WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT THE DEFECTS (IF ANY) CAN BE CORRECTED. YOU AGREE THAT LOGOGARDEN IS NOT RESPONSIBLE FOR THE CONDUCT OF WEBSITE CREATORS OR USERS UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, RESPONDEAT SUPERIOR, AGENCY, ETC.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOGOGARDEN SPECIFICALLY DISCLAIMS AND YOU HEREBY RELEASE LOGOGARDEN TO THE MAXIMUM EXTENT ALLOWED BY LAW FROM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, OR CRIMINAL LAW, FOR HARM OR DAMAGES ARISING OUT OF ANY PERSON’S OR ENTITY’S USE OF THE SERVICE.
(b) Force Majeure. A party will not be liable for non-performance or delay (other than for payment obligations) where such nonperformance or delay is caused by an event beyond the control of the party effected, including, but not limited to: wars, acts of terrorism, natural disasters, epidemics, embargoes, or other “acts of God.”
(c) Release from Claims. The Service serves as a venue for the creation of websites. LogoGarden does not screen or censor any information or material posted to a Created Website. Although LogoGarden makes reasonable efforts to determine the identity of Website Creators and Users, LogoGarden does not confirm the specific identity of any Website Creator or User. Accordingly, if you have a dispute with another Website Creator or User, you hereby release LogoGarden from claims, demands, and damages of every kind and nature arising out of or in any way connected with such a dispute.
(d) Limitation of Remedy. LogoGarden SHALL NOT BE LIABLE TO WEBSITE CREATORS, USERS, OR ANY OTHER PERSON FOR ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSES RELATING TO THE WEB SITE OR ANY OTHER CONTENT, WHETHER ARISING UNDER THESE TERMS OR ANY APPLICABLE LAW IN ANY AMOUNT OVER AND ABOVE THE AMOUNT PAID BY THE USER TO LogoGarden FOR THE SERVICE.
(e) Exclusion of Consequential Damages. IN NO EVENT SHALL LogoGarden BE LIABLE TO USERS 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 WEB SITE OR ANY OTHER CONTENT, EVEN IF LogoGarden HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(f) Indemnification. You agree to defend, indemnify, and hold harmless LogoGarden and its directors, subsidiaries, affiliates, officers, agents, partners, and employees from all liabilities, claims, actions, proceedings, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Service, Created Websites, Service Content, User Content, or from any breach by you of any of these Terms of Service. You agree to indemnify and hold LogoGarden and its agents harmless from and against all claims arising out of your commission of any of the acts labeled as Prohibited Uses.
10. General and Miscellaneous.
(a) Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties with respect to the subject matter. It supersedes any and all prior oral or written agreements and understandings between you and LogoGarden regarding this Agreement. No modification, amendment, or waiver of this Agreement shall be binding unless evidenced in writing and signed by LogoGarden.
(b) Severability. If any part of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being invalidated in any way. The language of this Agreement shall be deemed to be the language mutually chosen by the parties.
(c) Governing Law, Venue, and Jurisdiction. This Agreement shall be governed by the substantive law of the State of Queensland, Australia 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 and all disputes arising out of or relating to this Agreement shall be resolved by binding arbitration and that any such hearing shall be held in Brisbane, Australia. The parties agree that this will be a private arbitration with one sole Arbitrator who shall be a Queensland attorney licensed to practice law for more than 10 years. If the parties cannot agree on an Arbitrator, then the party demanding arbitration shall be required to file a legal action in a court of appropriate jurisdiction located in Queensland, Australia under the applicable arbitration law and request the court to appoint an arbitrator. All costs of arbitration will be borne equally, and if LogoGarden is the prevailing party it shall be entitled to recover its reasonable costs and attorney’s fees.
(d) Non-Transferability. You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless LogoGarden 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. LogoGarden may assign or otherwise transfer any of its rights or the performance of any of its duties. The waiver by LogoGarden 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.
(e) Reservation of Rights. Any rights not expressly granted herein are reserved by LogoGarden.
(f) Notice Addresses. You agree that all notices required by these Terms of Service or by applicable law to be sent to you may be sent to the email address provided during your registration process in lieu of physical, postal mail. All written notices that you are required to provide to LogoGarden by these Terms of Service or by applicable law should be sent to LogoGarden, 433 Logan Road, Stones Corner QLD 4120, Australia.
DIY Website Builder is owned and operated by LogoGarden.com Pty Ltd.
Copyright 2021 LogoGarden.com Pty Ltd