By using About Logo Design, and signing
up as a Client, you agree to be legally bound by these
Terms and Conditions, including those terms and conditions
incorporated by reference. Please read these terms carefully.
If you do not accept these Terms and Conditions stated
here without modification, you may not use the About
Logo Design service. About Logo Design may revise these
Terms and Conditions at any time by updating this posting.
You should visit this page periodically to review the
Terms and Conditions, because they are binding on you.
In these Terms and Conditions, About logo Design, the
About logo Design service, all services related to it,
and all text, images, photographs, user interface, "look"
and "feel", data and other content included
in it from time to time (including, without limitation,
the selection, coordination and arrangement of such
content) are referred to as the "Web Site"
or “Service.” About logo Design is a registered
trademark of Star Media Communications INC., a Canadian
Corporation.
Refund Policy
A full refund less an administration charge of $50 will
be made if the Client does not wish to proceed with
the logo design after seeing the initial designs.
The refund policy will not take into affect if:
1 ) You have provided feedback regarding your initial
samples.
2 ) Your company is no longer in business.
3 ) The reason does not relate to our design.
4 ) You do not provide any feedback within 1 month.
5 ) You have obtained logo design from a 3rd party.
Slogans Design and Animated Logo Design are non-refundable.
1. WebSite Generally.
(a) Description. The About logo Design Service is an
online offering where individuals or entities that have
signed up with About logo Design as clients (each, a
"Client") can post specific assignments and
project descriptions, including illustrative samples
or other media, (each, a "Creative Brief"),
revise those Creative Briefs (“Revision Brief”)
and obtain responses (each, a "Response")
to those Creative Briefs or Revision Briefs from designers
retained by About logo Design(“Members”).
Clients will be provided the Service according to the
Packages chosen by Client as detailed in Section 1(g).
Client’s Responses will be created iteratively
through a drafting cycle of Creative Briefs, Revision
Briefs and Responses, ultimately resulting in a final
Response to Client’s various Creative and Revision
Briefs.
(b) Creative Brief and Responses. Each Client is solely
responsible for preparing and posting detailed descriptions
of each of its Creative Briefs, including providing
samples illustrating Client’s Creative Brief (“Samples”),
the applicable deadline, and other relevant terms and
conditions. For each Response that the Client wants
to a Creative Brief, a term sheet (a "Term Sheet")
will be generated that will contain, and be subject
to, the terms and conditions established by the Client
for the Creative or Revision Brief, including the deadlines
and any terms or conditions required by Client. About
logo Design is under no obligation to review a Creative
or Revision Brief or Term Sheet for any purpose, including
accuracy, completeness of information, quality or clarity.
About logo Design may decide, in its sole discretion,
to deny a Creative or Revision Brief, or a Term Sheet.
(c) When About logo Design provides a Response to a
Client, the Client shall review the Response. If a Client
fails to inform About logo Design that the Response
is not reasonably responsive to the Term Sheet or Creative
Brief within 30 days, the Client will be deemed to have
accepted the Response. If a Client notifies About logo
Design that the Client thinks a Response is not reasonably
responsive to the Creative Brief, the Client shall submit
information regarding amendments or modification to
be made to the initial Response (“Revision Brief”).
After providing a Revision Brief, Client will be provided
a subsequent Response that conforms with the additional
criteria requested by Client.
(d) Responses. About logo Design is not responsible
for the content of Responses developed to the extent
that such responses are based in conformity with Client’s
Creative or Revision Briefs.
(e) Revisions. Revisions generally consist of 2-6 additional
compositions that incorporate changes requested by the
Client in the Revision Brief. The purpose of the revision
process is to create Responses that move forward in
a specific direction as determined by the Client. The
Client may request significant changes in the 1st and
2nd revision, and the Responses might be quite different
in nature from the original version chosen. By the 3rd
revision request, Client’s requests shall be modifications
of the then current version only. Revision requests
that depart from the current composition will be honored
and completed in the same timely manner, however; About
logo Design reserves the right to charge $50 for each
such Revision. No revision work, which requires payment,
will be started without authorization from Client.
(f) Client Accounts.
a. Payment. Clients registering for the Service must
pay for the Service via credit card, or other payment
method expressly authorized by Star Media Communications
INC. through About logo Design, at the time of registration
for the Service. Clients will be charged for the Package(s)
selected. If Client pays its account by credit card,
Client will be required to provide a valid credit card
number and your credit card billing address when they
register as a Client. About logo Design will email Client
a receipt for the transactions for which Client is billed.
Our fee policy for Clients may change and we may decide
to impose additional fees on Clients at any time. Such
fees will not, however, apply to sevices submitted before
such change in fees by About logo Design.
b. Service duration. Client agrees to provide timely
responses to About logo Design after receiving status
notifications from About logo Design. Client shall have
30 days to respond to each set of Responses submitted
to Client for review. If after 30 days the Client has
failed to so respond, About logo Design will assume
the Service complete and the Service shall be deemed
to be complete. At such time, About logo Design shall
have no further obligation to Client, and Client shall
pay About logo Design all fees and expenses associated
with work performed by About logo Design.
(g) Packages. Client may select from the following Service
Packages:
I Basic Package
· 6 original Response compositions
· One color
· Unlimited revision cycles
II Professional Package
· 8 original Response compositions
· Full color
· Unlimited revision cycles
III Enterprise Package
· 8 original Response compositions
· Full color
· Unlimited revision cycles
· 3 Stationery designs (letterhead, envelop,
business card)
· 2 design alterations on stationery
2. Eligibility, Access, Use and Service.
(a) (a) Eligibility Requirements. To register as a Client,
you must be an entity in good standing or if an individual
at least 18 years of age, agree to these Terms and Conditions
and the Privacy Policy, and complete the registration
procedure. By registering as a Client, you represent
and warrant that you meet these eligibility requirements,
that the information you include as part of the registration
process is complete and accurate and, if you are registering
on behalf of an entity, that you are authorized to bind
that entity to these Terms and Conditions. About logo
Design may accept or reject your registration in its
sole discretion. The Service is not directed to children.
(b) Authorization to Use; Permitted Uses. You may access
and use the Service solely in accordance with the Terms
and Conditions and any posted policies and procedures
that appear on the Web Site. You may provide Creative
Briefs and obtain Responses only if you register as
a Client. Any use of the Web Site is at your sole risk
and responsibility. Subject to the Terms and Conditions,
you may (i) display the Web Site on an internet access
device, and (ii) on an occasional, infrequent and ad
hoc basis, and only in circumstances that constitute
"fair use" under Canadian and United States
copyright law, print copies of insubstantial portions
of the Web Site. Except as expressly authorized by the
foregoing sentence and as otherwise permitted herein,
you may not display or print the Web Site and in no
event may you broadcast, circulate, distribute, download,
perform, publish, rent, reproduce, sell, store, transmit
or create decorative works from the Web Site.
(c) Prohibited Uses Generally. You are required to comply
with all applicable laws (including, without limitation,
any applicable export controls) in connection with your
use of the Service, and such further limitations as
may be set forth in any written or on-screen notice
from About logo Design. Without limiting the foregoing,
you agree not to transmit, distribute, post, communicate
or store information or other material on, to or through
the Web Site that (i) is copyrighted, unless you are
the copyright owner; (ii) reveals trade secrets, unless
you own them; (iii) infringes on any other intellectual
property rights of others or on the privacy or publicity
rights of others; (iv) is obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to any
other person or entity; (v) is sexually-explicit; (vi)
constitutes advertisements or solicitations of business,
chain letters or pyramid schemes; or (vii) contains
viruses, Trojan horses, worms, time bombs, or other
computer programming routines or engines that are intended
to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or information.
You further agree not to (i) use any incomplete, false
or inaccurate biographical information or other information
for purposes of registering as a Client; (ii) delete
or revise any material or other information of any other
user or About logo Design; (iii) take any action that
imposes an unreasonable or disproportionately large
load on the Web Site's infrastructure; (iv) use any
device, software or routine to interfere or attempt
to interfere with the proper working of this Service
or any activity being conducted on; (v) use or attempt
to use any engine, software, tool, agent or other device
or mechanism (including without limitation browsers,
spiders, robots, avatar's or intelligent agents) to
navigate or search this Web Site other than the search
engine and search agents available from About logo Design
on this Web Site or those generally available to third
party web browsers (e.g., Netscape Navigator and Microsoft
Internet Explorer); or (vi) attempt to decipher, decompile,
disassemble or reverse engineer any of the software
comprising or in any way making up a part of the Web
Site. You are prohibited from violating or attempting
to violate the security of the Web Site, including,
without limitation, (i) accessing data not intended
for you or logging into a server or account that you
are not authorized to access; (ii) attempting to probe,
scan or test the vulnerability of a system or network
or to breach security or authentication measures without
proper authorization; (iii) attempting to interfere
with service to any user, host or network, including,
without limitation, by way of submitting a virus to,
or overloading, "flooding", "spamming",
"mailbombing" or "crashing", the
Web Site; (iv) sending unsolicited e-mail, including
promotions and/or advertising of products or services;
or (v) forging any TCP/IP packet header or any part
of the header information in any e-mail or posting.
Violations of system or network security may result
in civil or criminal liability. About logo Design will
investigate occurrences that may involve such violations
and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in
such violations. About logo Design reserves the right
to review postings on the Web Site, to remove any postings,
and to terminate your ability to communicate with, or
post to, the Web Site at any time without notice, in
its sole discretion. About logo Design will take commercially
reasonable efforts not to disclose any information you
communicate with, or post to, the Web Site but reserves
the right to disclose such information to the extent
necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse
to post or to remove any information or materials, in
whole or in part.
(d) Operation of Web Site. About logo Design shall not
be responsible for any delays or interruptions of, or
errors or omissions contained in, the Web Site. About
logo Design reserves the right, but shall not be required,
to correct any delays, interruptions, errors or omissions.
Although About logo Design intends to use commercially
reasonable efforts to make the Web Site and Service
accessible, About logo Design makes no representation,
warranty or covenant that the Web Site or Service will
be available at all times or at any time. Various circumstances
may prevent or delay availability. About Logo Design
may at any time discontinue the Web Site in whole or
in part, may change or eliminate any transmission method,
and may change transmission speeds or other signal characteristics.
About Logo Design shall not be responsible for any loss,
cost, damage or liability that may result.
3. Responsibility for Content; Other Representations,
Warranties and Covenants.
(a) About Logo Design shall not be responsible for any
use that is or is not made of the Web Site or the Service.
Without limiting the foregoing, About Logo Design makes
no representations, warranties or covenants regarding,
and does not guarantee, the truthfulness, accuracy,
or reliability of any information or other material
(including, without limitation, any Creative Brief,
Revision brief, Term Sheet, Response or User Identity
(as defined hereafter) that are communicated through,
or posted to, the Service, whether by Members, Clients,
About Logo Design or otherwise, nor does About Logo
Design endorse any opinions expressed by any user of
the Web Site, including any Member or Client. Without
limiting the foregoing, About Logo Design makes no representations,
warranties or covenants regarding the validity of the
rights to Responses granted pursuant to this Agreement.
Client acknowledge that any reliance on information
or other material, including, without limitation, any
Service, Term Sheet, Response or User Identity, communicated
through the Service, or posted to the Web Site will
be at your own risk. Without limiting the foregoing,
each Client agrees and acknowledges that it uses each
Response at its own risk and that it is responsible
for taking any actions it deems reasonable to determine
whether its use of a Response will infringe any third
party intellectual property, privacy or publicity rights.
4. Ownership; Rights to Use.
(a) Web Site and Service Generally. Except as expressly
contemplated under this Agreement, as between About
Logo Design and Client, About Logo Design will own all
right, title and interest in and to all copyright, trademark,
service mark, patent, trade secret or other intellectual
property and proprietary rights in and to the Web Site
and Service, in all media now known or later devised,
to the full extent provided under Canadian and United
States and international law. You shall not remove,
conceal or alter any copyright notice, byline information,
disclaimer, restriction or other notice on the Web Site
or any portion thereof. You shall not use or permit
any third party to use the name, trademarks, trade names,
of About Logo Design, including "About Logo Design",
without the prior written consent of About Logo Design
who may agree or refuse in its sole discretion for each
such request.
(b) Creative Brief and Response Brief. Upon submission
of a Creative Brief or Response Brief or any other information
or media provided by Client in connection with Client’s
use of the Service (collectively, the “Client
Information”), About Logo Design and its agents
shall have all rights and licenses necessary to use
such Client Information for purposes of obtaining Responses
and for archival purposes. Each Member to whom a Client
project is made available has the right to review and
display the Term Sheet solely for purposes of preparing
a Response.
(c) Rights of About Logo Design. Upon Client’s
submission of User identity to the Service, Client grants
About Logo Design and its agents (including Star Media
Communications INC.) a royalty-free, perpetual, irrevocable,
sublicenseable, nonexclusive, worldwide right (including
any moral rights) and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from,
distribute, communicate to the public, perform and display
(in whole or in part), and/or incorporate in other works,
in any form, media, or technology now known or later
developed, such user identity, for the full term of
any intellectual property rights that may exist in such
User Identity to the extent necessary to provide Client
with the Service and Responses.
(d) Rights of Client. Subject to Client’s compliance
with the Terms and Conditions of this Agreement, Client
shall own final Response compositions provided to Client
by About Logo Design hereunder. Client shall not, however,
own any materials, media or other content generated
during any revisions leading up to the final Response
composition, with such right, title and interest expressly
reserved to About Logo Design. Client acknowledges and
hereby grants to About Logo Design the right to use
Creative Briefs and Revision Briefs, as well as individual
Responses provided to Client, for internal and archival
purposes, and in order to display and promote the About
Logo Design Service. Client acknowledges that its rights
under this Agreement shall be limited solely to the
final Response compositions, and that no trade or service
marks in or to such final Response compositions are
being conveyed under this Agreement. Client acknowledges
that About Logo Design shall have no obligation or duty
to perform trade or service mark searches or inquiries,
or the like, in order validate the propriety or legality
of the Response compositions. Accordingly, Client is
encouraged to perform its own independent searches with
regard to the Response compositions. Furthermore, Client
acknowledges that About Logo Design shall have no responsibility
or obligation of any kind to assist Client in seeking
state or federal intellectual property protection (i.e.,
without limitation, trademark registration) for the
Responses, nor shall About Logo Design be responsible
in otherwise assisting Client in any way in Client’s
perfection of Client’s rights in or to the Responses.
5. Registration, Password, User Identity.
(a) Client User Identity. When you register as a Client,
you will create a user identity ("User Identity"),
which will be your identity for purposes of interacting
with other users through the Web Site. Your User Identity
will include certain personal information, such as,
the industry in which you operate. However, your User
Identity need not be your real name. During the registration
process, the fields requesting information that will
be made available to others as part of your User Identity
are identified. You are responsible for ensuring that
you are comfortable making such information available
to other Web Site users.
(b) Access Numbers, Passwords, and Password Access.
You shall keep confidential, shall not disseminate,
and shall use solely in accordance with the Terms and
Conditions, your User Identity, registration identification
and password for the Web Site. You shall immediately
notify About Logo Design if you learn of or suspect:
(i) any loss or theft of your User Identity, registration
identification or password, or (ii) any unauthorized
use of your registration identification or password
or of the Web Site. In the event of such loss, theft,
or unauthorized use, About Logo Design may impose on
you, at About Logo Design's sole discretion, additional
security obligations.
(c) Security Breaches and Revision. If any unauthorized
person obtains access to the Web Site as a result of
any act or omission by Client, you shall use your best
efforts to ascertain the source and manner of acquisition
and shall fully and promptly advise and update About
Logo Design. Client shall furthermore cooperate and
assist in any investigation relating to any such unauthorized
access.
6. Nondisclosure and Privacy.
(a) Privacy. About Logo Design intends to use commercially
reasonable efforts to follow its privacy policy; as
such privacy policy may be changed from time to time
at About Logo Design's sole discretion. Notwithstanding
the foregoing, About Logo Design cannot and does not
assume any responsibility or liability for any information
submitted to the Web Site or for the use or misuse of
any information submitted by you or any other person,
including, without limitation, any information accessed
by a hacker or by any other malicious act.
7. Disclaimers; Limitations of Liability.
(a) Generally; Release from Claims. The Service serves
solely as a venue for the creation of work and About
Logo Design does not screen or censor any information
or material posted to the Web Site. Although About Logo
Design makes commercially reasonable efforts to determine
the identity of Clients, About Logo Design cannot and
does not confirm that any Client or other user is who
they claim to be or that any Client or other user has
the qualifications he or she claims to have. Because
About Logo Design does not and cannot be involved in
user-to-user dealings or control the behavior of participants
on the Web Site, if you have a dispute with one or more
users, you release About Logo Design (and our affiliates,
agents and employees) from all claims, demands and damages
(actual, consequential, direct, indirect, incidential,
special and exemplory) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected
with such disputes. If you are a California resident,
you waive California Civil Code section 1542, which
says: "A general release does not extend to claims
which the creditor does not know or suspect to exist
in his favor at the time of executing the release, which
if known by him must have materially affected his settlement
with the debtor."
(b) (b) Disclaimer of Warranties. THE SERVICE AND THE
RESPONSES ARE PROVIDED "AS IS." ABOUT LOGO
DESIGN MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND
WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY
WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR
ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE
ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE,
INCLUDING ANY RESPONSE, SERVICE, TERM SHEET, USER IDENTITY
OR LINKED CONTENT (ASHEREINAFTER DEFINED). ABOUT LOGO
DESIGN DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY
LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ABOUT
LOGO DESIGN DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED
BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES
AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL
PROPERTY OR PROPRIETARY RIGHTS, (iii)WARRANTIES RELATING
TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE
WEB SITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING
TO THE TRANSMISSION OR DELIVERY OF THE WEB SITE, AND
(v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE,
OR OTHER ACTS OR OMISSIONS BY ABOUT LOGO DESIGN OR ANY
THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY
OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE
WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE
NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
(c) Limitation of Remedy. NEITHER ABOUT LOGO DESIGN
NOR ANY THIRDPARTY SHALL BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR
LOSSES WHATSOEVER RELATING IN ANY WAY TO THE WEB SITE,
INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, WHETHER
ARISING UNDER THESE TERMS AND CONDITIONS OR APPLICABLE
LAW,INCLUDING CONTRACT, TORT, STATUTORY, OR ANY OTHER
LAW.
(d) Exclusion of Consequential Damages. IN NO EVENT
SHALL ABOUT LOGO DESIGN OR ANY THIRD PARTY BE LIABLE
TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL,
SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING
UNDER OR IN ANY WAY RELATED TO THE RESPONCES OR WEB
SITE,INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT,(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) EVEN IF ABOUT LOGO DESIGN
OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR LOSSES.
8. Indemnification. Upon request by About Logo Design,
you agree to defend, indemnify and hold harmless About
Logo Design and its subsidiaries, affiliates, officers,
agents, co-branders or other partners and employees
from all liabilities for claims of any third party due
to or arising out of your violation of any of these
Terms and Conditions or your use of the Web Site, and
any expenses, including, without limitation, reasonable
attorneys fees, incurred in connection therewith.
9. Links to Third Party Services. 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 About Logo Design and About Logo
Design is not responsible for the Linked Content, including,
without limitation, links contained in the Linked Content,
or any changes or updates to Linked Content. About Logo
Design is providing Linked Content to you only as a
convenience, and the inclusion of such Linked Content
is not an endorsement by About Logo Design of such Linked
Content. If you decide to access any Linked Content,
you do so at your own risk.
10. Termination. About Logo Design reserves the right,
in its sole discretion, to terminate Client’s
access to all or a portion of the Service, at any time,
with or without notice. In the event of such termination,
About Logo Design will work with Client to determine
the amount of any refund (if any) to be paid to Client
as a result of such termination. Should termination
of client’s access to the Service result from
Client’s material breach of the Terms and Conditions
of this Agreement, or any other agreement to which About
Logo Design and Client are a party, Client shall not
be entitled to any refund.
11. General. These Terms and Conditions set forth the
entire agreement and understanding of the parties with
respect to the subject matter hereof and supersede any
and all prior oral or written agreements and understandings,
and any and all contemporaneous oral agreements and
understandings (excluding any associated agreements
required by About Logo Design (e.g., privacy policy)
as a condition precedent to Client’s use of the
Service), between you and About Logo Design regarding
the subject matter of these Terms and Conditions. No
modification, amendment, or waiver of these Terms and
Conditions or Use or any part of them shall be binding
unless evidenced in writing and signed by About Logo
Design. If any provision of these Terms and Conditions
is held by a court of competent jurisdiction to be invalid,
void, or unenforceable, then such provision shall be
deemed null and void, but the remaining provisions shall
continue in full force without being impaired or invalidated
in any way. The language of these Terms and Conditions
shall be deemed to be the language mutually chosen by
the parties and no rule of strict construction shall
be applied against or in favor of either party hereto.
The section headings and other headings contained in
these Terms and Conditions shall not affect the meaning
or interpretation of these Terms and Conditions. These
Terms and Conditions shall be governed by the substantive
law of the State of New York, without reference to any
choice of law rules that would result in the application
of the substantive law of any other jurisdiction. The
parties agree that any disputes arising out of or relating
to these Terms and Conditions shall be submitted to
the federal courts having jurisdiction in Albany, New
York, or state courts having jurisdiction in the area
in which such federal courts have jurisdiction, and
the parties consent to the personal jurisdiction of
such courts in respect of such disputes. Client may
not assign or otherwise transfer (by operation of law
or otherwise) any of its rights or duties hereunder
unless About Logo Design agrees in writing after receiving
prior written notice. Any attempted assignment or other
transfer without the requisite consent of About Logo
Design shall be null and void ab initio. About Logo
Design may assign or otherwise transfer any of its rights
or the performance of any of its duties hereunder. The
waiver by About Logo Design of a breach or a violation
of any provision of these Terms and Conditions shall
not operate as or be construed to be a waiver of any
subsequent breach or violation of any provision of these
Terms and Conditions.