Terms and Conditions
Welcome to My Corporate Logo (www.mycorporatelogo.com)! By using My Corporate Logo, 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 My Corporate Logo service. My Corporate Logo 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 My Corporate Logo, and all text, images, photographs, user interface, “look” and “feel”, data and other content included at My Corporate Logo.com 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.” My Corporate Logo is owned and operated by Digital Avenues Limited.
You acknowledge and agree that My Corporate Logo 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 My Corporate Logo 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 My Corporate Logo, its users and the public.
1. My Corporate Logo Service Generally
(a) Description: The My Corporate Logo Service is an online offering where individuals or entities that have signed up with My Corporate Logo as clients (each, a “Client”) can get various creative services including logos, business cards, stationery, brochures and websites designed by Digital Avenues Limited. My Corporate Logo will provide you, as the Client, the Service according to the Package you have chosen. (b) You hereby agree and acknowledge that you are the rightful owner of the image(s) uploaded by you and information provided and have all rights in the same to give / upload the same for us to work on the same. (c) Client Accounts: When you register for the Service, you must pay for the Service via PayPal or other payment method expressly authorized by My Corporate Logo. You will be charged for the services you have selected. My Corporate Logo will email you a receipt for the transactions in which you are involved. Our fee policy for Clients may change and we may decide to impose additional fees on Clients at any time; however, such additional fees will not apply to projects submitted before My Corporate Logo implements any such change in fees. (d) Refunds: If you are not satisfied with the output provided by My Corporate Logo, you may request a refund by completing the Refund Request form, which will be provided to you upon request. Upon timely receipt of the completed form, My Corporate Logo will refund the total payment made by you. (e) Should you receive a refund, you agree that your acceptance of the refund shall constitute your sole and exclusive remedy. Additionally, you acknowledge that you will have no right (express or implied) to use any output or other work product, content, or media, nor will you have any ownership interest in or to the same. (f) Project Duration: You agree to provide timely responses to any status notifications that My Corporate Logo sends to you. You shall have 07 days to respond to each Response sent to you. If after 07 days you have failed to respond, My Corporate Logo will assume that your project is complete and the project shall be deemed completed. At such time, My Corporate Logo will have no further obligation to you. Notwithstanding the foregoing, My Corporate Logo reserves the right, in its sole discretion, to terminate your access to all or a portion of the Service, at any time, with or without notice. In the event of such termination, My Corporate Logo will determine, in its sole discretion, whether you are entitled to any refund.
2. Eligibility, Access, Use and Service
3. Ownership; Rights to Use
(a) Web Site and Service Generally. Except as expressly contemplated under these Terms and Conditions, as between My Corporate Logo and you, My Corporate Logo 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 fullest extent provided under 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, or trade dress of My Corporate Logo, including “My Corporate Logo”, without the prior written consent of My Corporate Logo, as determined in its sole discretion, for each such use. (b) Photos / Output. Upon submission of a Photo or any other information or media provided by you in connection with your use of the Service (collectively, the “Client Information”), My Corporate Logo and its agents shall have all rights and licenses necessary to use such Client Information for the purpose of creating Output and for archival purposes. Each Member to whom your project is made available has the right to review and display the relevant Photos for purposes of preparing an Output. (c) Rights of My Corporate Logo. Upon your submission of Client Information to the Service, you grant My Corporate Logo and its agents (including Digital Avenues Limited) 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, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with the Service and Responses. (d) Rights of Clients. Subject to your compliance with these Terms and Conditions, you shall own the final Output provided to you by My Corporate Logo (the “Final Product”). You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the Final Product, and My Corporate Logo expressly reserves all right, title and interest in and to the same. You acknowledge and hereby grant to My Corporate Logo a royalty-free, irrevocable exclusive worldwide right to use Photos individual responses provided to you, and Output for internal and archival purposes, and in order to display and promote the My Corporate Logo Service. You acknowledge that your ownership rights under these Terms and Conditions are limited to the Output, and that no trademarks or service marks in or to any Output are being conveyed under these Terms and Conditions. You hereby acknowledge that My Corporate Logo shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the Output. Accordingly, you are encouraged to perform your own independent searches with regard to the Output. Furthermore, you acknowledge that My Corporate Logo shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the Output, nor shall My Corporate Logo be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the Output.
4. Nondisclosure and Privacy
5. Disclaimers; Indemnification; Limitations of Liability
(a) Responsibility for Content. My Corporate Logo shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, My Corporate Logo makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material that are communicated through, or posted to, the Service, whether by Members, Clients, My Corporate Logo or otherwise, nor does My Corporate Logo endorse any opinions expressed by any user of the Web Site, including any Member or Client. Without limiting the foregoing, My Corporate Logo 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 your project, 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 Output 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. (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 My Corporate Logo and My Corporate Logo is not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. My Corporate Logo is providing Linked Content to you only as a convenience, and the inclusion of such Linked Content is not an endorsement by My Corporate Logo of such Linked Content. If you decide to access any Linked Content, you do so at your own risk. (c) Disclaimer of Warranties. THE SERVICE IS PROVIDED “AS IS.” My Corporate Logo 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. My Corporate Logo 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, My Corporate Logo 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 My Corporate Logo 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. (d) Release from Claims. The Service serves solely as a venue for the creation of work and My Corporate Logo does not regularly screen or censor any information or material posted to the Web Site. Although My Corporate Logo makes commercially reasonable efforts to determine the identity of Clients, My Corporate Logo 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 My Corporate Logo does not and cannot be involved in user-to-user dealings or control the behaviour of participants on the Web Site, if you have a dispute with one or more users, you hereby release My Corporate Logo (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. 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.”(e) Indemnification. You hereby agree to defend, indemnify and hold harmless My Corporate Logo 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. (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 My Corporate Logo OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. My Corporate Logo’ TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO My Corporate Logo FOR YOUR OUTPUT UNDER THESE TERMS AND CONDITIONS.
7. Miscellaneous Provisions