TERMS
OF AGREEMENT
By accepting and entering this contract or agreement with MYLOGO for products
and/or services to be provided by MYLOGO, including without limitation ordering
any products or services through the MYLOGO web site (hereinafter referred to
as your “Contract” with MYLOGO and their affiliates ARTGIGS INC.
and MYLOGODESIGNERS.COM), you hereby agree to abide by, comply with and be legally
bound by the policies, terms and conditions hereinafter set forth (these “Terms
and Conditions”).
TERMS
AND CONDITIONS
For purposes of these Terms and Conditions, references to the products and/or
services provided by MYLOGO shall include, without limitation, logos, designs,
names, graphics or similar materials or information, whether or not protectable,
printing services, web design, screen savers, stationery, brochures, marketing
materials and other design services, and any and all future product or service
offerings of MYLOGO. If you do not agree with any provision of these Terms and
Conditions, you should not order any products or services from MYLOGO or enter
into your Contract with MYLOGO. These Terms and Conditions are hereby incorporated
by reference into your Contract. To the extent that any provision of these Terms
and Conditions conflicts with any provision of your Contract, the provision
set forth herein shall be deemed amended so as to be consistent with the provisions
of your Contract.
MYLOGO reserves the right to modify, amend, update and change these Terms and Conditions from time to time without notice to you. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that MYLOGO shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to these Terms and Conditions.
PAYMENT
TERMS
Payment in full for any and all products and services to be provided by MYLOGO
under your Contract is due in advance of the commencement of any work by MYLOGO.
MYLOGO shall be entitled, in its sole and absolute discretion, to withhold any
products or services it is otherwise obligated to deliver or provide under your
Contract until such time as payment in full has been received therefor. Unless
MYLOGO cancels or terminates your Contract for a reason other than your breach
or non-performance, MYLOGO shall not refund any portion of your purchase price.
If for any reason a refund is granted a $100 administrative fee will be charged
by MYLOGO.
DELIVERY
AND ACCEPTANCE OF PRODUCT(S)
Upon completion of its products and/or services in accordance with the terms
and conditions set forth in your Contract, MYLOGO shall deliver your product
and/or service to a temporary web location designated by MYLOGO for your review.
MYLOGO will notify you via e-mail of such completion and delivery, and the manner
in which you may access the temporary web location for purposes of reviewing
your product and/or service. You shall have 30 business days from the date of
delivery to said temporary location to notify MYLOGO in writing via email of
your acceptance or rejection of the product and/or service. Your failure to
notify MYLOGO in writing of your rejection of the product and/or service within
said 30 day period shall constitute your acceptance of the product and/or service.
Upon your written acceptance of the product or service, MYLOGO shall release
and deliver the final product in the format described hereinafter.
LOGO
DESIGN TECHNICAL INFORMATION
The logo designed will be in a CMYK color model. If Pantone (PMS) colors are
needed the exact values must be specified. The final source file will be provided
in an .eps [Adobe Illustrator] format. All fonts will be converted into paths/outlines/graphic
objects. Final formats provided will be: JPEG (RGB for web) and EPS (suitable
for offset or digital printing).
REVISIONS
Revisions include changing colors, fonts, and position of existing graphics
to one logo choice. Revisions DO NOT include the creation of additional design
concepts. “Unlimited Revisions” apply only to the logo design and
DO NOT apply to stationery templates. “Unlimited Revisions” will
expire after the logo design has been finalized and delivered to the client
or 30 days after the original order date. Any revisions requested after the
logo has been approved and delivered may incur additional charges.
PROPRIETARY
RIGHTS
You represent and warrant that you are the owner of or have the exclusive right
to use any and all proprietary information you provide to MYLOGO in furtherance
of or in connection with your Contract, including without limitation any and
all trade names, trademarks, copyrights, graphics, designs, logos and similar
materials or information.
MYLOGO AND THEIR AFFILIATES MAKE NO REPRESENTATION OR WARRANTY THAT IT HAS THE EXCLUSIVE RIGHT, TITLE AND INTEREST IN AND TO THE PRODUCTS AND/OR SERVICES PROVIDED TO YOU OR THAT SUCH PRODUCTS AND/OR SERVICES DO NOT AND WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. MYLOGO AND THEIR AFFILIATES WILL NOT TAKE ANY ACTION IN FURTHERANCE OF PROTECTING THE PRODUCTS AND/OR SERVICES TO BE DELIVERED UNDER YOUR CONTRACT, AND WILL DELIVER THE SAME “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY AS TO YOUR ABILITY TO USE SUCH PRODUCTS AND/OR SERVICES OR TO OBTAIN TRADEMARK, COPYRIGHT OR SIMILAR PROTECTION OF SUCH PRODUCTS AND/OR SERVICES, IN THE UNITED STATES OR ANY OTHER JURISDICTION.
MYLOGO AND THEIR AFFILIATES WILL NOT RE-EMBURSE AND /OR PAY CLIENT FOR ANY WORK AND/OR EXPENSES OCCURRED BY ANY EXTERNAL THIRD PARTY VENDOR RELATED OR NOT-RELATED FOR CURRENT PROJECT OR ANY PAST PROJECT.
MYLOGO AND THEIR AFFILIATES WILL NOT RE-EMBURSE AND /OR PAY ANY EXTERNAL THIRD PARTY VENDOR ANY EXPENSES OCCURRED FOR CLIENT RELATED OR NOT-RELATED FOR CURRENT PROJECT OR ANY PAST PROJECT.
MYLOGO AND THEIR AFFILIATES WILL NOT RE-EMBURSE AND /OR PAY CLIENT FOR ANY WORK DELAY TIME CAUSED BY A POTENTIAL INTERNET / SERVER / FAX / E-MAIL / TELEPHONE OCCURRENCE DOWNTIME CAUSED FROM AND / OR BY MYLOGO EQUIPMENT AND / OR PERSONNEL.
MYLOGO AND THEIR AFFILIATES WILL NOT RE-EMBURSE ANY ADDITIONAL SERVICE FEE CHARGES THAT ARE OUTSIDE THE LIMITS OF OUR CURRENT LOGO PLANS. A SERVICE FEE MAY BE ISSUED ON PROJECTS IN PRODUCTION, AND IF APPLICABLE, APPLY TO PROJECTS WHERE COMPLEX ILLUSTRATIVE CHANGES ARE REQUESTED; WHERE A LOGO DESIGN CHANGE IS REQUESTED FOR A SET OF LOGOS NOT INCLUDED IN INITIAL VARIATIONS PRESENTED. SERVICE FEES ARE PROCESSED AT A CURRENT RATE OF SEVENTY FIVE DOLLARS PER HOUR. OUR STANDARD SERVICE FEE RATE MAY BE SUBJECT TO CHANGE AT ANYTIME.
MYLOGO AND THEIR AFFILIATES WILL NOT RE-EMBURSE AND /OR PAY ANY EXPENSES INCURRED BY THE CLIENT FOR ANY SOFTWARE (INCLUDING BUT NOT LIMITED TO IBM PC OR MACINTOSH OPERATING SYSTEMS) PURCHASED TO INTERNALLY MANIPULATE, CUT, COPY OR PASTE FILES SUPPLIED BY MYLOGO. MYLOGO DOES NOT PROVIDE MANIPULATION SERVICES AFTER A PROJECT IS FINALIZED UNLESS STIPULATED OTHERWISE.
MYLOGO AND THEIR AFFILIATES ARE NOT REPONSIBLE AND WILL NOT RE-EMBURSE ANY CLIENT FOR EXPENSES INCURRED DUE TO LACK OF KNOWLEDGE BY THE CLIENT OR ANY THIRD PARTY VENDOR OF THE MANIPULATION OF FILES FOR ANY SOFTWARE APPLICATION AND OR ANY FORMAT SUPPLIED BY MYLOGO.
Upon your acceptance of the product or service and MYLOGO receipt of payment in full therefor, MYLOGO will assign, convey, transfer and deliver all of its right, title and interest in and to the products and/or services developed by MYLOGO for you under the terms of your Contract. Any products or services, including samples, rejected or otherwise not delivered by MYLOGO and accepted by you shall at all times remain the property of MYLOGO and you shall have no right in or to such products or services.
MYLOGO retains and reserves the perpetual, royalty-free right to use any and all products and/or services developed by MYLOGO for display and self-promotional purposes, regardless of your acceptance and MYLOGO delivery of the same to you.
TERMINATION
MYLOGO reserves the right, in its sole discretion and for any reason whatsoever,
to reject, cancel or terminate, permanently or temporarily, your order for any
product or service offered by MYLOGO, your Contract and/or your access to the
MYLOGO Site web site, at any time and without prior notice. You agree that MYLOGO
shall not be liable to you or any third party for any rejection, cancellation
or termination of your order, your Contract or your access to the MYLOGO web
site. In the event that MYLOGO rejects, cancels or terminates your Contract
or your order for a reason other than your breach or non-performance under your
Contract, MYLOGO will return any amounts prepaid by you relating to the rejected,
canceled or terminated Contract or order.
DISCLAIMER
OF WARRANTIES
YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, CODES,
PRODUCTS, SERVICES, TEXT, GRAPHICS, LOGOS OR OTHER ITEMS AND MATERIALS PROVIDED
OR MADE AVAILABLE BY MYLOGO ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS
OR IMPLIED WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MYLOGO
HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION
WARRANTIES OF MERCHANTABILITY, SUITABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. MYLOGO MAKES NO WARRANTY THAT ITS
PRODUCTS OR SERVICES WILL BE PROVIDED IN A TIMELY AND SECURE MANNER, OR WITHOUT
ERRORS OR DEFECTS, OR THAT ITS PRODUCTS OR SERVICES WILL NOT INFRINGE ON THE
INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. MYLOGO DOES
NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE PRODUCTS OR SERVICES
PROVIDED BY MYLOGO WILL MEET YOUR EXPECTATIONS. LIMITATION OF LIABILITY TO THE
FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MYLOGO OR ANY SUBSIDIARY,
AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE
THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY
DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, DIRECT,
INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION
OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES), ARISING OUT
OF OR RELATED TO YOUR CONTRACT, THESE TERMS AND CONDITIONS, OR THE PRODUCTS
OR SERVICES PROVIDED BY MYLOGO TO YOU, EVEN IF MYLOGO HAS BEEN ADVISED OF THE
POTENTIAL FOR SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE,
TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. NOT WITHSTANDING ANY PROVISION
TO THE CONTRARY CONTAINED IN YOUR CONTRACT OR THESE TERMS AND CONDITIONS, MYLOGO’S
LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE CONTRACT OR
MYLOGO’S PROVISION OF PRODUCTS OR SERVICES SHALL NOT EXCEED THE AGGREGATE
AMOUNT PAID BY YOU TO MYLOGO UNDER YOUR CONTRACT OR FOR SUCH PRODUCTS OR SERVICES.
INDEMNIFICATION
You agree to indemnify and hold MYLOGO, its subsidiaries, affiliates, directors,
officers, shareholders, agents and employees, harmless from and against any
loss, damage, liability, cost or expense of any kind, including attorneys’
fees, incurred by MYLOGO in connection with a third party claim, demand or otherwise,
due to, arising out of, related to or otherwise attributable to the actual or
alleged infringement or violation of any intellectual property right asserted
by a third party, or otherwise arising out of or related to (i) any materials
or intellectual property provided by you in furtherance of the project contemplated
by your Contract, or (ii) your use of any of the products or services provided
by MYLOGO pursuant to your Contract.
GENERAL
These Terms and Conditions, together with your Contract, shall constitute the
sole agreement and understanding between you and MYLOGO regarding the matters
set forth herein, and any and all previous agreements and understandings between
or among you and MYLOGO regarding the subject matter hereof, whether written
or oral, other than your Contract, are superseded by these Terms and Conditions.
No agreement or other understanding other than your Contract purporting to modify
these Terms and Conditions shall be binding upon MYLOGO unless otherwise agreed
to by MYLOGO in writing. The failure of MYLOGO to exercise or enforce any right
or provision of these Terms and Conditions shall not constitute a waiver of
such right or provision. Any provision of these Terms and Conditions which is
invalid or unenforceable in any jurisdiction shall be ineffective to the extent
of such invalidity or unenforceability without invalidating or rendering unenforceable
the remaining provisions hereof; and any such invalidity or unenforceability
in any jurisdiction shall not invalidate or render unenforceable such provision
in any other jurisdiction.