By using The Business Logo, Inc., and signing up as a Client, you agree to be legally bound by these Terms and Conditions of Use (the "Terms and Conditions"), including those terms and conditions incorporated by reference. Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions, you may not use the
The Business Logo, Inc.. service.
By placing any order with The Business Logo, Inc.. you agree to all our
terms and it is your responsibility to read our terms. The Business
Logo, Inc. may revise these Terms and Conditions at any time by
updating this posting. You should visit this web page periodically
to review the Terms and Conditions, because they are binding on you.
In these Terms and Conditions, all services provided by and related
to The Business Logo, Inc. Inc., and all text, images, photographs,
user interface, "look" and "feel", data and other content included
at The Business Logo, Inc. from time to time (including, without limitation, the selection, coordination and arrangement of such content) are sometimes referred to as the "Web Site" and/or "Service."
| You acknowledge and agree that
The Business Logo, Inc. shall have the right (but not the
obligation) in its sole discretion, to pre-screen, refuse or remove
any project and/or user provided content that violates these Terms
and Conditions or is otherwise objectionable, including, without
limitation, projects or content that is illegal, obscene, indecent,
defamatory, incites religious, racial or ethnic hatred, or violates
the rights of others. Activity that is brought to our attention
which appears in our sole judgment to violate the law will be
brought to the attention of the proper authorities. You acknowledge,
consent and agree that The Business Logo, Inc.. may access,
preserve, and disclose your account information and content if
required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce these Terms and Conditions; (c)
respond to claims that any content violates the rights of
third-parties; (d) respond to your requests for customer service; or
(e) protect the rights, property, or personal safety of The Business
Logo, Inc., its users and the public.
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1. The Business Logo, Inc. Service Generally |
(a) Description. The Business Logo, Inc. Service is an online
offering where individuals or entities that have signed up with The
Business Logo, Inc. 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 (each, a "Revision Brief") and obtain responses (each, a
"Response") to those Creative or Revision Briefs from design experts
retained by The Business Logo, Inc. ("Members"). The Business Logo,
Inc.. will provide you, as the Client, the Service according to the Package you have chosen as detailed in section 1(e) below. Your Responses will be created iteratively through a drafting cycle of Creative Briefs, Revision Briefs and Responses, ultimately resulting in a final Response conforming to your various Creative and Revision Briefs.
| (b) Creative Brief and Responses. You are solely responsible for preparing and posting detailed descriptions of each of your Creative Briefs to the Web Site, including
providing samples illustrating your Creative Brief and any relevant deadlines. For each Response to a Creative Brief that you want to receive, a term sheet (a "Term Sheet") will be generated that will contain, and be subject to, the terms and conditions you have established for the Creative or Revision Brief.
The Business Logo, Inc. 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. The Business Logo,
Inc. may decide, in its sole discretion, to deny a Creative or Revision Brief or a Term Sheet.
| (h). Should you receive a refund, you agree that your acceptance of the refund shall constitute your sole and exclusive remedy with respect to related Responses. Additionally, you acknowledge that you will have no right (express or implied) to use any Response or other work product, content, or media, nor will you have any ownership interest in or
to the same.
| | | | 2. Eligibility, Access, Use and Service |
| (b) Authorization to Use; Permitted Uses. You may access and use the Service solely in accordance with these 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 these 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 United States copyright law, print copies of insubstantial portions of the Web Site.
| | | | 3. Registration, Password, User Identity |
(a) Your User Identity. When you register as a Client, you will create a user identity (your "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 name 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.
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(b) Access Numbers, Passwords, and Password Access. You shall keep
confidential, shall not disseminate, and shall use solely in
accordance with these Terms and Conditions, your User Identity,
registration identification and password for the Web Site. You shall
immediately notify The Business Logo Inc.. 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,
The Business Logo Inc.. may impose on you, at The Business Logo Inc.nc.' sole discretion, additional security obligations.
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(c) Security Breaches and Revision. If any unauthorized person
obtains access to the Web Site as a result of any act or omission by
you, you shall use your best efforts to ascertain the source and
manner of acquisition and shall fully and promptly inform The
Business Logo Inc.. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
| | 4. Ownership; Rights to Use | |
5. Nondisclosure and Privacy. The Business Logo Inc.. intends to use
commercially reasonable efforts to follow its privacy policy, as such
privacy policy may be changed from time to time at The Business Logo
Inc.' sole discretion. Notwithstanding the foregoing, The Business
Logo Inc. 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. |
| | 6. Disclaimers; Indemnification; Limitations of Liability |
(a) Responsibility for Content. The Business Logo Inc. shall not be
responsible for any use that is or is not made of the Web Site or the
Service. Without limiting the foregoing, The Business Logo Inc. 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, Term Sheets, Responses or User Identity) that are
communicated through, or posted to, the Service, whether by Members,
Clients, The Business Logo Inc. or otherwise, nor does The Business
Logo Inc. The Business Logo Inc. endorse any opinions expressed by any
user of the Web Site, including any Member or Client. Without limiting
the foregoing, The Business Logo Inc. makes no
representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to these Terms and Conditions. You acknowledge that any reliance on information or other material, including, without limitation, any information related to a particular Package or your project, 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, you agree and acknowledge that you use each Response at your own risk and that you are responsible for taking any actions you deem reasonable to determine whether your use of a Response will infringe any statutory or third-party
intellectual property, privacy or publicity rights.
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(b) 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 The Business Logo Inc.
and The Business Logo Inc.. is not responsible for the Linked
Content, including, without limitation, links contained in the
Linked Content, or any changes or updates to Linked Content. The
Business Logo Inc.. is providing Linked Content to you only as a
convenience, and the inclusion of such Linked Content is not an
endorsement by The Business Logo Inc .of such Linked Content. If you decide to
access any Linked Content, you do so at your own risk.
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(c) Disclaimer of Warranties. THE SERVICE AND THE RESPONSES ARE
PROVIDED "AS IS." The Business Logo Inc. 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 TERM SHEET, RESPONSE, USER IDENTITY OR LINKED CONTENT.
The Business Logo Inc. DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY
LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER
EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, The Business Logo Inc. 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,
NON-PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY The Business Logo
Inc.c. OR ANY THIRD PARTY. FURTHERMORE, THERE IS NO WARRANTY THAT THE WEB SITE WILL MEET
YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
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(d) Release from Claims. The Service serves solely as a venue for
the creation of work and The Business Logo Inc. does not regularly
screen or censor any information or material posted to the Web Site.
Although The Business Logo Inc.. makes commercially reasonable
efforts to determine the identity of Clients, The Business Logo Inc.
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 The Business Logo
Inc.. 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 hereby release The Business Logo
Inc.. (and our affiliates, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) 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.
| (e) Indemnification. You hereby agree to defend, indemnify and hold harmless Logo Design Mojo Inc. and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees
from any action, claim, demand, or liability arising from or relating to your violation of any of these Terms and Conditions or use of the Web Site, and any expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees.
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(f) Limitation of Damages. IN NO EVENT SHALL THE COMPANY 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 WEB SITE, INCLUDING ANY
PART THEREOF, OR THESE TERMS AND CONDITIONS OR ANY OTHER CONSENT
(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 The Business Logo Inc. OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
The Business Logo Inc.' TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED
TO THE TOTAL AMOUNT YOU PAID TO The Business Logo Inc.. FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS.
(g) Web Site Domain Name Registration (URL): The Business Logo Inc..
is not responsible for any domain name registration. The Business
Logo Inc. .will only register your domain name once your project has
entered the web site design department. The Business Logo Inc.. will
not be responsible if your domain name has been registered after you
have placed your order. It is your responsibility to secure your own
domain name before you order our web design package. IN NO EVENT
SHALL THE COMPANY 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 WEB
SITE, INCLUDING ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OR
ANY OTHER CONSENT (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 The Business Logo Inc. . OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. .The
Business Logo Inc.' TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO
THE TOTAL AMOUNT YOU PAID TO The Business Logo Inc. FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS.
| 7. Communications. By using the
The Business Logo Inc. Service, you agree to receive, via email or
otherwise, status notifications, a monthly newsletter, and carefully
selected special offers and promotions for certain products and
services that we believe could be of value to our Clients. This is
essential to maintaining the low-cost of our services. You are free
to unsubscribe from any newsletters we send to you at any time. The
Business Logo Inc. may or may not use a third party to send email or
otherwise contact you, however, your personal identifying
information will never be disclosed or shared with another party in
a manner inconsistent with The Business Logo Inc.' privacy policy.
| | 8. Miscellaneous Provisions |
(a) Entire Agreement. 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 The Business Logo Inc. e.g., privacy policy) as a condition precedent to Clients' use of the Service), between you and
The Business Logo Inc. regarding the subject matter of these Terms and Conditions.
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(b) Amendment. No modification, amendment, or waiver of these Terms
and Conditions or any part hereof shall be binding unless evidenced
in writing and signed by The Business Logo Inc.
| (c) Severability. 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.
| (d) Mutual Participation. 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.
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(e) Headings. The section headings and other headings contained herein shall not affect the meaning or interpretation of these Terms and Conditions.
| (f) Choice of Law; Forum. These Terms and Conditions shall be governed by the substantive law of the State of
Nevada, 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 Montreal Canada or courts having jurisdiction in the area in
which such federal courts have jurisdiction, and the parties consent to the personal jurisdiction of such courts with respect to such disputes.
| (g) Assignment. You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless
The Business Logo Inc. agrees in writing after receiving prior
written notice. Any attempted assignment or other transfer without
the requisite consent shall be null and void. The Business Logo Inc. may assign or otherwise transfer any of its rights or the performance of any of its duties without your consent.
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(h) Waiver. The waiver by The Business Logo Inc. 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.
| (i) Independent Contractors. The parties and their respective personnel are and shall be independent contracts and neither party by virtue of these Terms and Conditions shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
| (j) Force
Majeure. If the performance of any part of these Terms and Conditions by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that such performance is prevented, hindered or delayed by such causes.
| (k) Capacity. The parties hereby warrant and represent that they have all necessary rights and authority to execute these Terms and Conditions and to fulfill their obligations hereunder.
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(l) Further Assurances. The parties hereto shall, at their own cost and expenses, execute and deliver such other documents, artwork, programming code and instruments and shall take such other action as may reasonably be required or appropriate to evidence or carry out the intent and purposes of these Terms and Conditions.
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