Terms and Conditions
Verus Software Inc. (“Logo.com”, “We”, “Us” or “our”) is the owner of the website located at Logo.com (the “Website” or the “Site”). Verus Software Inc. is a British Columbia, Canada corporation which provides online “Logo” (as defined herein) development services (our “Business” or “Services”), with an office and mailing address of 3rd Floor - 422 Richards St. Vancouver V6B 2Z4, British Columbia, Canada.
For the purposes of this Agreement, a “Logo” or “Logos” means a combination of text and/or graphical elements generated via the Website and provided to you subject to, conditional upon, and in accordance with the terms and conditions contained herein.
Logo.com reserves the right to change these terms and conditions at any time, and you agree that each visit you make to the Website shall be subject to the current terms and conditions as published on our website from time to time at www.Logo.com.
By accessing LOGO.COM you are agreeing to be bound by these Website Terms & Conditions of Use (this “Agreement”) and all applicable laws and regulations, and you agree that you are solely responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this site. Any claim relating to LOGO.COM shall be governed by the laws of the Province of British Columbia, Canada. The materials contained on LOGO.COM are protected by applicable copyright and trade mark laws.
DISCLAIMER AND LIMITATION OF LIABILITY
Throughout the Website there may be links and pointers to Internet sites maintained by third parties, sometimes through third party advertisements. The linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products, or services offered on or through such sites. In addition, neither we nor any of our respective affiliated companies operate or control in any respect any information, products or services that third parties may provide on or through the Website or on websites linked to by us on the Website.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, EXCEPT AS MAY BE EXPRESSLY SET OUT HEREIN. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS INCLUDING BUT NOT LIMITED TO TRADEMARK AND COPYRIGHT. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE ACCURATE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING THE SERVERS THAT MAKE OUR IP DETECTION AND RELATED SERVICES AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE YOUR USE OR NON-USE OF ANY LOGOS GENERATED VIA THE WEBSITE, YOUR USE OR THE RESULTS OF THE USE OF THE WEBSITE OR INFORMATION ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You must provide and are solely responsible for all hardware and/or software necessary to access the Website. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
The Website should not be used or relied upon in connection with in any activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.
THE GENERATION OF A LOGO VIA THE WEBSITE DOES NOT REPRESENT OR GUARANTEE ITS USABILITY AND NON-INFRINGMENT. NO REVIEW OF GENERATED LOGOS OR ANY COMPONENTS THEREOF HAVE UNDERGONE LEGAL REVIEW OR CLEARANCE BY LOGO.COM OR BY ANY PERSON ON BEHALF OF LOGO.COM.
LOGOS GENERATED VIA THE WEBSITE SHOULD NOT BE USED FOR ANY PURPOSE WITHOUT FIRST CONDUCTING DUE DILIGENCE, INCLUDING BY WAY OF CONDUCTING TRADEMARK, COPYRIGHT, AND INTELLECTUAL PROPERTY SEARCHES IN ALL APPLICABLE JURISDICTIONS BY A QUALIFIED LAWYER AND OBTAINING CLEARANCE FOR ANY AND ALL USES OF LOGO(S) FROM A QUALIFIED LAWYER.
Certain sections of the Website may allow you to purchase different types of products and services that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Website or on a site linked to by the Website, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Website, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Website.
In no event shall LOGO.COM or its service providers, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, infringement, or due to business interruption, arising out of the use of or inability to use the logos and/or information, services, and/or materials contained on LOGO.COM even if LOGO.COM has been notified of the possibility of such damage. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance, infringement error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
NON-EXCLUSIVITY OF LOGOS
Logos generated via the Website are non-exclusive to you. We do not represent, warrant, or guarantee that any logo which you generate via the Website’s Services will not be reproduced or duplicated in whole or in part by any other person, including but not limited to other Website users using the Services. Logos are generated automatically using certain software and/or artificial intelligence together with user inputted data, and no provisions have been made to ensure that your Logo is unique to you or that another user will not generate the same or similar Logo. Furthermore, We make no representation, warranty, or guarantee that any Logo generated via the Website Services does not infringe the copyright, trademark, or other intellectual property of any third party. All Logos generated via the Website Services are strictly provided “AS IS”.
USER SUBMISSIONS: GRANT OF LICENSE
The Website contains interactive functions allowing you to submit data such as your business name, industry, and slogan, which is used to create Logos via the Website (“User Submissions”). None of the User Submissions you submit to the Website will be subject to any confidentiality by Us. By providing any User Submission to the Website, you grant Us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, and distribute your User Submission for; a)the purposes of generating Logos for you as may be requested by you via the Website and for other ancillary purposes; and b) the purposes of marketing and promoting our Business, the Website, and the Services via out Website and via any other medium worldwide, including but not limited to brochures, television advertisements, online advertisements, third party websites, and promotional and/or marketing materials of any kind or nature Without limiting the generality of the foregoing, you specifically acknowledge and agree that We may, without your further consent and without any compensation of any kind owing or payable to you, showcase a Logo or Logos which you created via the Website Services for the purposes of providing examples of our users and the Logos which have been created via our Business. You waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and these Terms and Conditions.
You understand and agree that you, not Us, are fully responsible for any User Submissions you submit or contribute nor for any Logos which are generated via the Website, and you are fully responsible and legally liable including to any third party for such content and/or Logos and their accuracy and non-infringement. We are not responsible or legally liable to any third party for the content, accuracy or non-infringement of any User Submissions and/or logos submitted by you or any other user of the Website.
YOU ARE SOLEY RESPONSIBLE FOR DOWNLOADING AND MAINTAINING YOUR LOGO
If you elect to generate a Logo in accordance with this Agreement, you are solely responsible for its safekeeping. If you are provided with a download option, then you should download the Logo and keep it safe on your computer with appropriate back up storage facilities. We will not be responsible for maintaining access to Logos and Logos may generated via the Website may no longer be available.
NO CREATION OF IP IN LOGOS BY YOU
Logos which are generated via the Services and the Website may include aspects provided by you, including but not limited to aspects such as your business name, your slogan, and your industry, which may be automatically incorporated into the Website’s automated Logo creation process. By using the Services and by generating a Logo via the Website, you acknowledge and agree that you are not deemed or considered to be the original author of such Logo or Logos, nor that you are acquiring any intellectual property rights in the Logo or Logos. Rather, you acknowledge and agree that all Logos are provided to you strictly in accordance with the terms and conditions of this Agreement, and without limiting the generality of the foregoing, are subject to the Limited License and Restrictions on Use, specified below.
LIMITED LICENSE AND RESTRICTIONS ON USE
Subject to all applicable payments required from you for the Services, Logo.com hereby grants you a limited license to view on your computer, print, download, and use any Logo created by you via the Website for personal or commercial use, subject to the terms and conditions set out in this Agreement.
YOUR LICENSE TO USE A LOGO IS HOWEVER, INTER ALIA SUBJECT TO THE CONDITION THAT YOU MAY NOT DISASSEMBLE ANY LOGO OR USE ANY CONSTITUENT PARTS OF THE LOGO.YOU MAY ONLY USE THE LOGO IN ITS ENTIRETY AS GENERATED BY THE SERVICES.
For example, and without limiting the generality of the foregoing, if a Logo contains an image of a plate and utensils together with the word, “restaurant” on a blue background, you may NOT extract and/or use the images of the plate and utensils separately or alone for any purpose – you can only use the entire Logo, as is.
YOU MAY NOT SELL OR RESELL ANY LOGOS GENERATED VIA THE WEBSITE.
Many of the images and/or icons that We use to generate Logos are licensed from third parties, and in all such circumstances, the use of Logos is subject to the license which we have obtained from such third parties.
Certain content is made available on LOGO.COM for which a fee is not charged, including without limitation, a selection of Logos for you to review and choose from (“Draft Logos”). You may not copy, reproduce, download, or use any such content and/or Draft Logos for any purpose. Your license to use same is limited to a one-time license to view on your computer, such content or Draft Logos. Without limiting the generality of the foregoing you may not make any commercial use of such content and/or Draft Logos, either alone or with any product or services which you distribute, or copy or host such content on your or any other person’s Website or FTP server.
All material on or available through the Website, including, but not limited to fonts, text, images, illustrations, video, and multimedia materials, is protected by copyrights which are owned and controlled by Logo.com or by other parties that have licensed their material to us. Material from this Website or from any other websites owned, operated, licensed or controlled by Logo.com may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way except as may be specifically permitted herein. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by the respective providers thereof. The use of any such material on any other Website, ftp server or network environment is prohibited.
Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trade mark, trade name or other proprietary property of LOGO.COM or any other party who owns or has proprietary rights to the content, information and materials provided on LOGO.COM.
The trademarks, names, logos, and service marks (herein referred to collectively, as the “Trademarks”, which are displayed on the Website are registered and/or unregistered marks of Logo.com. Nothing contained on the Website should be construed as granting any license or permission to use any of the Trademarks without prior permission of Logo.com.
CHANGES AND IMPROVEMENTS
Logo.com may make changes, improvements, alterations or amendments in and to the products, services, information and materials contained on the Website including the terms and conditions of your use of this Website, without liability.
In order to maintain a valuable service that meets the needs of the users of the Website and avoids the harm that can result from disseminating statements that are false, malicious, in violation of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse.
You may not:
- Use the Website to create any Logo containing any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any Logo constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law.
- Use the Website to create any Logo that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Restrict or inhibit any other user from using and enjoying the Website.
- Interfere with or disrupt any servers or networks used to provide the Website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Website.
- Gain unauthorized access to the Website, or any account, computer system, or network connected to this Website, by means such as hacking, password mining or other illicit means.
- Obtain or attempt to obtain any Logos, materials or information through any means not intentionally made available through this Website.
You agree to indemnify Logo.com and its officers, directors, shareholders, employees, agents, distributors and affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing provisions.
We reserve the right to deny access to the Website or any features of the Website to you, for any reasons, including but not limited to as a result of persons who violate these Terms and Conditions of Service, without notice.
BILLING AND PAYMENT
All applicable charges and fees in respect of the Services will be charged against the payment method which you selected and/or was available to you. You authorize Our payment-processing agent or Us to make these charges using your selected billing method. For payment by credit or debit card, you must ensure that all your credit or debit card information is current and accurate, and inform Us of any change in your billing address, card number, or expiration date. You must promptly notify Us if your credit or debit card is cancelled, lost, or stolen-or if there is an unauthorized use of your username or password-because We will charge you for all applicable charges incurred under your account. We may cancel your access to the Website if we cannot charge your credit or debit card. By giving us your credit or debit card number, you authorize Us to submit all charges to your credit or debit card without further approval from you until you give Us notice that you have cancelled your account or wish to change your payment method and We have had a reasonable time to respond.
Chargebacks and related fees.
You are responsible for any credit card chargebacks, and related fees that We incur on your account. If you fail to reimburse Us for any credit card chargebacks or related fees within 30 days of Our initial demand for reimbursement, you must pay us $100 USD in additional liquidated damages as well as any costs incurred by us for each fee incurred.
We consider all purchases final when made. But we may approve a refund in the form of a credit on request if exceptional circumstances exist in our sole unfettered discretion. If you believe exceptional circumstances exist, please contact us at [email protected] and explain the exceptional circumstances that you believe warrants a refund. We make no promise that We will give you a refund. If We give you a refund, We will issue the refund in the form of a credit to the credit card or to your account that you used for your purchase, in our sole discretion.
You are required to ensure that all persons who access the Website through a user's internet connection are aware of these Terms and Conditions and comply with them. You are responsible for any security breaches or performance issues relating to accessing the Website.
Any user name, password, or any other piece of information chosen by you or provided to you as part of Our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
Due to the nature of the Internet, it is not possible for LOGO.COM to restrict access to its Website only to those jurisdictions in which it does business. Some of all of the products and services offered on or through, or advertised on the Website may not be eligible for provision, solicitation, and/or display in your jurisdiction. If you are accessing the Website from such a jurisdiction, you should not consider anything on the Website as an offer to provide, display or as a solicitation to the public to purchase any product or service from or through LOGO.COM. The Website is for use only by persons residing in jurisdictions where such products and services are legal.
LOGO.COM offers services in many parts of the world. The Website may refer to certain services or programs that are not available worldwide. Without specifically limiting the offers made on this Website, reference to such services or programs does not imply that LOGO.COM intends to offer such service in all countries or locations.
We may cancel or terminate your right to use the Services, the Website or any part of the Website at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions of Service, shall survive.