By using www.logoninjas.com, and signing up as a Client, you agree to be legally bound by these Terms of Service, including those Terms of Service incorporated by reference. Please read these terms carefully. If you do not accept these Terms of Service stated here without modification, you may not use the www.logoninjas.com service. www.logoninjas.com may revise these Terms of Service at any time by updating this posting. You should visit this page periodically to review the Terms of Service, because they are binding on you. In these Terms of Service, www.logoninjas.com, the www.logoninjas.com 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".
www.logoninjas.com and the Client hereby agree to the following Terms of Service with respect to the provisions by www.logoninjas.com to the Client of services which are identified and/or described in the service agreement attached to these Terms of Service.
The Client will be provided with the Service according to the Packages chosen by the Client as detailed on the www.logoninjas.com website. Client's Designs will be created iteratively through a Design process of Creative Briefing-Basic Concepts-Feedback-Revision Stage-Feedback-Revision Stage, ultimately resulting in a final Design conforming to Client's Creative Briefing and Feedbacks.
Creative Briefing and Designs. The Client is solely responsible for preparing and sending a detailed creative brief (via the Members' Area). www.logoninjas.com is under no obligation to review a Creative Briefing for further Feedbacks for any purpose, including accuracy, completeness of information, quality or clarity. www.logoninjas.com may decide, in its sole discretion, to deny a Creative or Revision Briefing or Feedback.
When www.logoninjas.com provides a Design to the Client, the Client shall review and respond. If the Client fails to promptly inform www.logoninjas.com that the provided Design is not reasonably responsive to the provided Feedback, the Client will be deemed to have accepted the Design. If the Client notifies www.logoninjas.com that the Client considers a Design as not reasonably responsive to the Feedback, the Client shall provide information regarding amendments or modification to be made to the initial Design. After providing his feedback, the Client will be provided a subsequent Response that conforms with the additional criteria requested by the Client.
Revision stages. Revisions are unlimited, however, will be released one (1) at a time throughout the design-feedback process, incorporating 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 an unlimited amount of revisions, but will be limited to only one response at a time. The purpose of each revision stage is to create designs that move forward in a specific direction from a single design composition as chosen by the Client.
Payment: The Client ordering for any of the available services must pay for the Service in advance, by any of the payment methods provided by www.logoninjas.com. The Clients will be charged for the Package(s) selected. www.logoninjas.com will email the Client a receipt for the transactions in which the Client is involved at which point the Client must log into the member's area and enter all the information necessary to start the design process via the relevant design form.
Refunds: If the Client is not satisfied with the Basic Concepts provided by www.logoninjas.com, Client may request a refund by contacting ClickBank (www.logoninjas.com chosen payment handling facility) within 8 weeks of initial payment for an instant refund.
Acceptance of such refund shall constitute the Client's sole and exclusive remedy with respect to such Basic concepts. Should the Client receive such refund, Client acknowledges that it will have no right (express or implied) to use any Basic concept or other work product, content, or media, nor any ownership interest in or to the same.
The refund policy will not take effect:
- if you have already confirmed or approved the acceptance of a design. Your approval represents an acceptance of the final project and serves as an implicit statement of satisfaction.
- if you have failed to communicate with us for more than 8 weeks of initial payment. After this, any refunds will be at the discretion of www.logoninjas.com management.
- if the company for whom the design was performed should close, change its name, or undergo other alterations rendering a design ill fitting.
- if you purchased a "Special Offer" that does not constitute one of our standard packages as advertised.
- once you have taken final delivery.
Project duration: The Client agrees to provide timely responses to www.logoninjas.com after receiving status notifications from www.logoninjas.com. The Client shall have 14 days to respond to each set of designs sent to the Client for review. If after 14 days the Client has failed to respond, www.logoninjas.com will assume the Project complete and the Project shall be deemed to be complete. At such time, www.logoninjas.com will have no further obligation to the Client, and the Client shall pay www.logoninjas.com all outstanding fees and expenses associated with work performed by www.logoninjas.com. In rare cases, if the Client feels that it may take him 15 days or more to respond then he is requested to inform www.logoninjas.com accordingly, so that www.logoninjas.com keeps the project in an active state.
Holiday dates: We work 8.30am until 6pm between Monday and Friday. We remain closed on Saturdays and Sundays. During the following dates service will not be available: 12/24; 12/25; 12/31; 01/01. Any other Special Holiday Dates, if any, will be published on the website - atleast 7 days in advance.
Authorization to Use: Permitted Uses. You may access and use the Service solely in accordance with the Terms of Service and any posted policies and procedures that appear on the Web Site. You may provide Creative Briefs and obtain Responses only if you subscribe and register as a Client. Any use of the Web Site is at your sole risk and responsibility. Subject to the Terms of Service, 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, United States, United Kingdom, Australian, and International 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. This website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of this website are copyrighted as a collective work under the Canadian, United States, United Kingdom, Australian, and International copyright laws. This material may not be published, broadcast, rewritten or redistributed in whole or part without the express written permission of www.logoninjas.com. Unauthorized commercial or private use of this material is subject to criminal prosecution.
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 www.logoninjas.com. 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 www.logoninjas.com; (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 www.logoninjas.com on this Web Site or those generally available to third party web browsers (e.g., Mozilla Firefox 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. www.logoninjas.com 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. www.logoninjas.com 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. www.logoninjas.com 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.
Operation of Web Site: www.logoninjas.com shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Web Site. www.logoninjas.com reserves the right, but shall not be required, to correct any delays, interruptions, errors or omissions. Although www.logoninjas.com intends to use commercially reasonable efforts to make the Web Site and Service accessible, www.logoninjas.com 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. www.logoninjas.com 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. www.logoninjas.com shall not be responsible for any loss, cost, damage or liability that may result.
Responsibility for Content, Other Representations, Warranties and Covenants www.logoninjas.com shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, www.logoninjas.com 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, Response or User Identity (as defined hereafter) that are communicated through, or posted to, the Service, whether by Members, Clients, www.logoninjas.com or otherwise, nor does www.logoninjas.com endorse any opinions expressed by any user of the Web Site, including any Member or Client. Without limiting the foregoing, www.logoninjas.com 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.
Ownership, Rights to Use
Web Site and Service Generally: Except as expressly contemplated under this Agreement, as between www.logoninjas.com and the Client, www.logoninjas.com 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, United States, Australian 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 www.logoninjas.com, including " www.logoninjas.com", without the prior written consent of www.logoninjas.com who may agree or refuse in its sole discretion for each such request.
Rights of www.logoninjas.com: The Client grants www.logoninjas.com a royalty-free, perpetual, irrevocable, sublicenseable, exclusive, 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, the designs provided by www.logoninjas.com, for the full term of any intellectual property rights that may exist in such designs to the extent necessary to provide the Client with the Service and the designs.
Rights of the Client: Subject to the Client's compliance with the Terms of Service of this Agreement, the Client shall own the final design provided to the Client by www.logoninjas.com hereunder. The Client shall not, however, own any materials, media or other content generated during any revision cycles leading up to the final design, with such right, title and interest expressly reserved to www.logoninjas.com. The Client acknowledges and hereby grants to www.logoninjas.com the right to use Creative and Revision Briefs, as well as individual designs provided to the Client, for internal and filing purposes, and in order to display and promote the www.logoninjas.com Service. The Client acknowledges that his rights under this Agreement shall be limited solely to the final design chosen by him and that no trade or service marks in or to such final design is being conveyed under this Agreement. The Client acknowledges that www.logoninjas.com 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 provided compositions.
Until final design is approved as per standard contract with www.logoninjas.com, all logos, artwork, concepts and designs remain the copyright and exclusive property of www.logoninjas.com. This material may not be reproduced in any way without prior written consent of www.logoninjas.com or our agents. www.logoninjas.com reserves the right to utilize and/or reproduce any image, logo or illustration created by www.logoninjas.com, in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work. By placing an order to www.logoninjas.com, you agree and consent to these Terms of Service.
Accordingly, the Client is encouraged to perform its own independent searches with regard to the designs provided by www.logoninjas.com. Furthermore, The Client acknowledges that www.logoninjas.com shall have no responsibility or obligation of any kind to assist the Client in seeking state or federal intellectual property protection (i.e., without limitation, trademark registration) for the designs, nor shall www.logoninjas.com be responsible in otherwise assisting the Client in any way in the Client's perfection of the Client's rights in or to the designs.
Ownership (copyright and title) of the final artwork become the property of the Client, having unlimited, indefinite, and royalty-free use of the image upon taking delivery of the final design and payment of all outstanding fees. www.logoninjas.com retains rights to display the artwork in its portfolio and advertising materials. www.logoninjas.com retains the Copyright to all concepts, comprehensives, or other preliminary materials, which are not selected by the Client or are not included into the final delivery.
www.logoninjas.com expects the Client to perform researching on their company name to be sure the name is not already in use and securing a copyright, trademark or service mark to protect the Client's legal rights to any name or image. www.logoninjas.com is not and will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image. www.logoninjas.com is not responsible for researching nor infringing any trademark violations that may or may not arise in our dealings with the Client and his/her agents.
All trademark matters are the full responsibility of the Client.
Licensing the font used in the logo (both Custom and Pre-Made) is the responsibility of the Client.
www.logoninjas.com will hold your logo design files in our archives for 1 year from the time of ordering. This service is not guaranteed so it is advisable to keep safe your files once delivered. www.logoninjas.com may charge a reasonable amount for re-supplying the logo or design files from our archives after the initial delivery.
Should the Client require additional artwork beyond the scope of the ordered design service package (either concurrently with the logo project or at a later date), the Client will be offered a Free Quote for the Additional Services. Additional work will be done after the Client pays for the add-on services in advance.
Disclaimers, Limitations of Liability
The Service serves solely as a venue for the creation of work and www.logoninjas.com does not screen or censor any information or material posted to the Web Site. Although LogoDesignTeam.com makes commercially reasonable efforts to determine the identity of Clients, www.logoninjas.com 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 www.logoninjas.com 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 www.logoninjas.com (and our affiliates, agents and employees) from all claims, demands and damages (actual, consequential, direct, indirect, incidental, special and exemplary) 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.
THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS." www.logoninjas.com MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO THE Client OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY PART THEREOF, OR OTHER CONTENT THAT MAY BE PROVIDED BY www.logoninjas.com.
THE Client ACCEPTS THAT THE ELECTRONIC DEVICES AND SOFTWARE USED BY THE Client TO REVIEW THE DESIGNS PROVIDED BY www.logoninjas.com MAY DISTORT THE COLORS, SHAPES AND EFFECTS USED TO CREATE THE SAMPLES. www.logoninjas.com DISCLAIMS ANY WARRANTY RELATED TO THE ACCURACY OF THE OUTPUT DEVICES USED BY THE Client -WHATEVER ITS NATURE- AND KEEP THE RIGHT TO STATE THE SPECIFICATIONS OF A GIVEN DESIGN BY USING STANDARD COLOR, MEASURE AND DESIGN CODES. THE Client WILL ACCEPT THOSE SPECIFICATIONS AS THOSE CORRESPONDING TO THE CHOSEN DESIGN.
www.logoninjas.com DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. ¨WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, www.logoninjas.com 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, QUALITY OR OMISSIONS IN THE SERVICE, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY www.logoninjas.com OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANYOF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET THE Client'S NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
NEITHER www.logoninjas.com NOR ANY THIRD PARTY 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 of Service OR APPLICABLE LAW, INCLUDING CONTRACT, TORT, STATUTORY, OR ANY OTHER LAW.
IN NO EVENT SHALL www.logoninjas.com OR ANY THIRD PARTY BE LIABLE TO YOU OR ANOTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SERVICE PROVIDED BY www.logoninjas.com, 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 DESIGNS PROVIDED BY www.logoninjas.com, EVEN IF www.logoninjas.com OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
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 www.logoninjas.com and www.logoninjas.com is not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. www.logoninjas.com is providing Linked Content to you only as a convenience, and the inclusion of such Linked Content is not an endorsement by www.logoninjas.com of such Linked Content. If you decide to access any Linked Content, you do so at your own risk.
Upon a request by www.logoninjas.com, you agree to defend, indemnify and hold harmless www.logoninjas.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities to, claims of any third party due to or arising out of your violation of any of these Terms of Service, and any expenses, including, without limitation, reasonable attorneys fees, incurred in connection therewith.
www.logoninjas.com reserves the right, in its sole discretion, to terminate the Service, at any time, with or without notice. In the event of such termination, www.logoninjas.com will work with the Client to determine the amount of any refund (if any) to be paid to the Client as a result of such termination. Should the Client's use of the Service result from the Client's material breach of the Terms of Service of this Agreement, or any other agreement to which www.logoninjas.com and the Client are a party, the Client shall not be entitled to any refund, unless otherwise mutually agreed upon by the parties.
These Terms of Service 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 between you and www.logoninjas.com regarding the subject matter of these Terms of Service.
If any provision of these Terms of Service 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 of Service 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 shall not affect the meaning or interpretation of these Terms of Service.
If www.logoninjas.com and the Client have need for legal recourse to settle any dispute the case will be handled by a court of law having jurisdiction over the www.logoninjas.com's location.
Unless otherwise specified and/or credited all images, artwork, text and graphics, logos and logotypes, Flash animations of this site, manual and/or disk are the copyright and/or trademark of www.logoninjas.com All rights reserved. This copyright does not supersede any copyrights that may exist in the logos, artwork and designs presented. These works are copyright and/or trademarked by the various owners. Any authorized reproduction of this material shall be reported to the original holder of said copyright or trademark.
Licensed www.logoninjas.com Resellers and approved www.logoninjas.com Sales Associates may utilize certain images and/or text from www.logoninjas.com WebSite in their marketing materials, but any such reproduction is subject to prior written permission by www.logoninjas.com and subsequent approval of the usage of same. Any further usage of images, text and/or graphics from this web site is expressly forbidden. Images and text that have been previously approved for all licensed resellers are available directly from the limited access area of the www.logoninjas.com web site.
For further information on any of our Terms of Service, or would like information about licensing images and/or materials from www.logoninjas.com please contact us at [email protected]
At www.LogoNinjas.com we recognize that privacy is important. We collect customer information in an effort to improve your logo creation experience and to communicate with you about our products, services, and promotions. We do not sell or rent your personal information to third parties. Please review the following privacy act to understand how your personal information will be handled by www.LogoNinjas.com.
Collection of your information
We only collect our members' personal data when they register online, including, but not limited to, their names and e-mail addresses. We will only use this data for the purpose of processing an order or communicating with you about the status of your order or our company news.
Disclosure of your information
We will not disclose our customer information to other third parties unless required by law. This means that your information will not be distributed for use in mailing lists, surveys, or any other purposes beyond what is required to fulfill our obligation as your service supplier.
Access my account information
Your password is the key to your account. Use unique numbers, letters, and special characters and do not disclose your www.LogoNinjas.com password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. You can review, change or delete certain personal information related to your use of our online sites.
Protecting your order information is important to us. www.LogoNinjas.com uses the latest server technology to keep your information safe and secure, and have built-in safeguards to prevent fraud and are continually updating our procedures.