TERMS AND CONDITIONS OF USE
OF
Logofresh.com 1 ACCEPTANCE OF TERMS Your access to and use of Logofresh.com ("the Website") is subject to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website. 2 ADVICE The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making any decision. 3 CHANGES TO WEBSITE Logofresh.com reserves the right to: 3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and Logofresh.com shall not be liable to you for any such change or removal; and 3.2 change these Terms and Conditions at any time, and your continued use of the Website following any change shall be deemed to be your acceptance of such change. 4 LINKS TO THIRD PARTY WEBSITES The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites. 5 COPYRIGHT 5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics, scripting, programming and all software and source codes connected with the Website) are owned by or licensed to Logofresh.com or otherwise used by Logofresh.com as permitted by law. 5.2 In accessing the Website you will be provided with access to see and select from the Logofresh symbols database (The Symbols) and you agree that you will access the content solely for the purposes for which the site is set up, that is for creating, evaluating and purchasing logo designs. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. 5.3 By using the Logofresh website, you agree not to use (apart from evaluation purposes), to provide, distribute or sell to any third party whatsoever, any of the symbols in the Logofresh database. Logofresh retains the copyrights such as it owns or has rights in and all associated intellectual property rights to the original symbols, which are included in the Logofresh database and used in any designs that you create. 6 LIMITATION OF LIABILITY 6.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. 6.2 To the extent permitted by law, Logofresh.com will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website. 6.3 Logofresh.com makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. 7 INDEMNITY 7.1 You agree to indemnify and hold Logofresh.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Logofresh.com arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website. 7.2 You are prohibited from transmitting electronic information that contains viruses or other data that may damage the Logofresh system or from transmitting written or verbal information that may lead to this. 7.3 You are prohibited from using any false information when you register with Logofresh or pass on any other false information via a website form, email, postal services or other forms of communication with Logofresh. 7.4 You are prohibited from trying to copy, decode, or in any way to obtain information about the method of working of the website by isolating the components of the Logofresh system or any other technique or to interfere in any way with any of the scripting or programming included in the Logofresh website or system. 7.5 You are prohibited from trying to access any unauthorised data on the Logofresh.com website or system. 7.6 You are prohibited from interfering with the hosting service of the Logofresh.com website. 7.7 Logofresh may take legal action against anyone involved in any of the above. 8 PRIVACY POLICY Logofresh will use all reasonable efforts to maintain your privacy at all times. Information such as your name, postal and e-mail address, telephone number and any other information about your business or organisation will only be accessible by designated staff, and is used solely for the purposes for which you intended. This privacy policy may change. Logofresh will not be liable for any misuse of any information submitted by you or for illegal access or illegal use of the information. 9 SEVERANCE If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable. 10 GOVERNING LAW These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
TERMS AND CONDITIONS OF SALE
OF
Logofresh.com 1 DEFINITIONS 1.1 "Buyer" means the individual or organisation that buys or agrees to buy Goods, Services or Licences from the Seller; 1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977; 1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods, Services or Licences incorporating these Terms and Conditions; 1.4 "Goods, Services or Licenses" means the articles that the Buyer agrees to buy from the Seller; 1.5 "Seller" means Logofresh of 155/155a Balls Pond Road, London N1 4BG UK that owns and operates Logofresh.com; 1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller; 1.7 "Website" means Logofresh.com. 2 CONDITIONS 2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer. 2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods, Services or Licences by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer unless agreed otherwise by the seller in writing. 2.3 Use of the website and/or payment for or acceptance of delivery of the Goods, Services or Licences shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions. 2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. 2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5. 3 ORDERING 3.1 All orders for and purchases of Goods, Services or Licences shall be deemed to be an offer by the Buyer to purchase Goods, Services or Licences pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order or purchase for any reason. 3.2 Where the Goods, Services or Licences ordered by the Buyer are not available immediately the Buyer shall be notified and given the option to either wait until the Goods, Services or Licences are available or cancel the order and receive a full refund within a reasonable period of time. 3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the order process section of the Logofresh.com website. 4 PRICE AND PAYMENT 4.1 The price of the Goods, Services or Licences shall be that stipulated on the Website. 4.2 The total purchase price will be displayed in the Buyer’s shopping cart prior to confirming the order. 4.3 After a purchase is made or an order is received the Seller shall confirm on screen or by email the details, description and price for the Goods, Services or Licences. 4.4 Payment of the price must be made in full before dispatch of the Goods, Services or Licences. 5 RIGHTS OF SELLER 5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order or makes a purchase. 5.2 The Seller reserves the right to withdraw any Goods, Services or Licences from the Website at any time. 5.3 The Seller shall not be liable to anyone for withdrawing any Goods, Services or Licences from the Website or for refusing to process an order or a purchase. 6 AGE OF CONSENT 6.1 Where Goods, Services or Licences may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods, Services or Licences. 6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, Services or Licences, the Seller shall be entitled to cancel the order immediately, without notice. 7 WARRANTY The Seller warrants that the Goods, Services or Licences will at the time of dispatch correspond to the description given by the Seller. 8 DELIVERY 8.1 Goods or Services supplied within the UK will normally be delivered within a reasonable period of time of acceptance of order or purchase. 8.2 Goods or Services supplied outside the UK will normally be delivered within a reasonable period of time of acceptance of order or purchase. 8.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a refund. 8.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. 8.5 Delivery of the Goods or Services shall be made to the Buyer’s postal or email address specified in the order or purchase and the Buyer shall make all arrangements necessary to take delivery of the Goods or Services whenever they are tendered for delivery. 9 CANCELLATION AND RETURN 9.1 It is the responsibility of the Buyer to ensure the Goods or Services are suitable for the purpose or application of the Buyer. The Buyer shall inspect the Goods or Services immediately upon receipt and shall notify the Seller in writing to the Seller's address stated in clause 1.5 or by email within 7 working days of delivery if the Goods or Services are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods or Services. 9.2 Where a claim of defect or damage is made, the defect shall be communicated by the Buyer to the Seller and the Buyer may be asked by the Seller to return the Goods. The Buyer shall be entitled to a replacement (including delivery costs) plus any return postal charges if the Goods are in fact defective. 9.3 The right to cancel does not apply to contracts for the supply of software, data files, audio or visual recordings if these have been received or downloaded by the Consumer. 10 LIMITATION OF LIABILITY In the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever. 11 WAIVER No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future. 12 FORCE MAJEURE The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. 13 SEVERANCE If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated. 14 CHANGES TO TERMS AND CONDITIONS The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase. 15 GOVERNING LAW AND JURISDICTION These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts. | | LICENSING AGREEMENT OF Logofresh.com | | | | | | When a user of the Logofresh.com website starts the process of creating their logo they will be provided with access to view and select from the Logofresh symbols database. Once they have made their choice of a single symbol and made payment they become a Licensee. THIS AGREEMENT arises when a purchase is made on the Logofresh.com website and the date and time of this Agreement is at that time of payment. The Agreement is BETWEEN: Logofresh of 155/155a Balls Pond Road, London N1 4BG UK that owns and operates Logofresh.com (“the Licensor”); and The Licensee being the individual or organisation who makes a purchase or agrees to buy Goods, Services or Licences from Logofresh.com (“the Licensee”) | | | | 1 | | DEFINITIONS | | | In this agreement the following expressions shall have the following meanings: | | | | 1.1 | | "Intellectual Property Rights" means all vested, contingen TERMS AND CONDITIONS OF USE
OF
Logofresh.com 1 ACCEPTANCE OF TERMS Your access to and use of Logofresh.com ("the Website") is subject to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website. 2 ADVICE The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making any decision. 3 CHANGES TO WEBSITE Logofresh.com reserves the right to: 3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and Logofresh.com shall not be liable to you for any such change or removal; and 3.2 change these Terms and Conditions at any time, and your continued use of the Website following any change shall be deemed to be your acceptance of such change. 4 LINKS TO THIRD PARTY WEBSITES The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites. 5 COPYRIGHT 5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics, scripting, programming and all software and source codes connected with the Website) are owned by or licensed to Logofresh.com or otherwise used by Logofresh.com as permitted by law. 5.2 In accessing the Website you will be provided with access to see and select from the Logofresh symbols database (The Symbols) and you agree that you will access the content solely for the purposes for which the site is set up, that is for creating, evaluating and purchasing logo designs. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. 5.3 By using the Logofresh website, you agree not to use (apart from evaluation purposes), to provide, distribute or sell to any third party whatsoever, any of the symbols in the Logofresh database. Logofresh retains the copyrights such as it owns or has rights in and all associated intellectual property rights to the original symbols, which are included in the Logofresh database and used in any designs that you create. 6 LIMITATION OF LIABILITY 6.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. 6.2 To the extent permitted by law, Logofresh.com will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website. 6.3 Logofresh.com makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. 7 INDEMNITY 7.1 You agree to indemnify and hold Logofresh.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Logofresh.com arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website. 7.2 You are prohibited from transmitting electronic information that contains viruses or other data that may damage the Logofresh system or from transmitting written or verbal information that may lead to this. 7.3 You are prohibited from using any false information when you register with Logofresh or pass on any other false information via a website form, email, postal services or other forms of communication with Logofresh. 7.4 You are prohibited from trying to copy, decode, or in any way to obtain information about the method of working of the website by isolating the components of the Logofresh system or any other technique or to interfere in any way with any of the scripting or programming included in the Logofresh website or system. 7.5 You are prohibited from trying to access any unauthorised data on the Logofresh.com website or system. 7.6 You are prohibited from interfering with the hosting service of the Logofresh.com website. 7.7 Logofresh may take legal action against anyone involved in any of the above. 8 PRIVACY POLICY Logofresh will use all reasonable efforts to maintain your privacy at all times. Information such as your name, postal and e-mail address, telephone number and any other information about your business or organisation will only be accessible by designated staff, and is used solely for the purposes for which you intended. This privacy policy may change. Logofresh will not be liable for any misuse of any information submitted by you or for illegal access or illegal use of the information. 9 SEVERANCE If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable. 10 GOVERNING LAW These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
TERMS AND CONDITIONS OF SALE
OF
Logofresh.com 1 DEFINITIONS 1.1 "Buyer" means the individual or organisation that buys or agrees to buy Goods, Services or Licences from the Seller; 1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977; 1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods, Services or Licences incorporating these Terms and Conditions; 1.4 "Goods, Services or Licenses" means the articles that the Buyer agrees to buy from the Seller; 1.5 "Seller" means Logofresh of 155/155a Balls Pond Road, London N1 4BG UK that owns and operates Logofresh.com; 1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller; 1.7 "Website" means Logofresh.com. 2 CONDITIONS 2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer. 2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods, Services or Licences by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer unless agreed otherwise by the seller in writing. 2.3 Use of the website and/or payment for or acceptance of delivery of the Goods, Services or Licences shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions. 2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. 2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5. 3 ORDERING 3.1 All orders for and purchases of Goods, Services or Licences shall be deemed to be an offer by the Buyer to purchase Goods, Services or Licences pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order or purchase for any reason. 3.2 Where the Goods, Services or Licences ordered by the Buyer are not available immediately the Buyer shall be notified and given the option to either wait until the Goods, Services or Licences are available or cancel the order and receive a full refund within a reasonable period of time. 3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the order process section of the Logofresh.com website. 4 PRICE AND PAYMENT 4.1 The price of the Goods, Services or Licences shall be that stipulated on the Website. 4.2 The total purchase price will be displayed in the Buyer’s shopping cart prior to confirming the order. 4.3 After a purchase is made or an order is received the Seller shall confirm on screen or by email the details, description and price for the Goods, Services or Licences. 4.4 Payment of the price must be made in full before dispatch of the Goods, Services or Licences. 5 RIGHTS OF SELLER 5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order or makes a purchase. 5.2 The Seller reserves the right to withdraw any Goods, Services or Licences from the Website at any time. 5.3 The Seller shall not be liable to anyone for withdrawing any Goods, Services or Licences from the Website or for refusing to process an order or a purchase. 6 AGE OF CONSENT 6.1 Where Goods, Services or Licences may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods, Services or Licences. 6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, Services or Licences, the Seller shall be entitled to cancel the order immediately, without notice. 7 WARRANTY The Seller warrants that the Goods, Services or Licences will at the time of dispatch correspond to the description given by the Seller. 8 DELIVERY 8.1 Goods or Services supplied within the UK will normally be delivered within a reasonable period of time of acceptance of order or purchase. 8.2 Goods or Services supplied outside the UK will normally be delivered within a reasonable period of time of acceptance of order or purchase. 8.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a refund. 8.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. 8.5 Delivery of the Goods or Services shall be made to the Buyer’s postal or email address specified in the order or purchase and the Buyer shall make all arrangements necessary to take delivery of the Goods or Services whenever they are tendered for delivery. 9 CANCELLATION AND RETURN 9.1 It is the responsibility of the Buyer to ensure the Goods or Services are suitable for the purpose or application of the Buyer. The Buyer shall inspect the Goods or Services immediately upon receipt and shall notify the Seller in writing to the Seller's address stated in clause 1.5 or by email within 7 working days of delivery if the Goods or Services are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods or Services. 9.2 Where a claim of defect or damage is made, the defect shall be communicated by the Buyer to the Seller and the Buyer may be asked by the Seller to return the Goods. The Buyer shall be entitled to a replacement (including delivery costs) plus any return postal charges if the Goods are in fact defective. 9.3 The right to cancel does not apply to contracts for the supply of software, data files, audio or visual recordings if these have been received or downloaded by the Consumer. 10 LIMITATION OF LIABILITY In the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever. 11 WAIVER No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future. 12 FORCE MAJEURE The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. 13 SEVERANCE If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated. 14 CHANGES TO TERMS AND CONDITIONS The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase. 15 GOVERNING LAW AND JURISDICTION These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts. | | LICENSING AGREEMENT OF Logofresh.com | | | | | | When a user of the Logofresh.com website starts the process of creating their logo they will be provided with access to view and select from the Logofresh symbols database. Once they have made their choice of a single symbol and made payment they become a Licensee. THIS AGREEMENT arises when a purchase is made on the Logofresh.com website and the date and time of this Agreement is at that time of payment. The Agreement is BETWEEN: Logofresh of 155/155a Balls Pond Road, London N1 4BG UK that owns and operates Logofresh.com (“the Licensor”); and The Licensee being the individual or organisation who makes |
t and future intellectual property rights including but not limited to copyright, trade marks, design rights, trade names, patents, know-how, trade secrets, database rights or any similar right exercisable in any part of the world including any application for the registration of any patents or registered designs or similar registrable rights in any part of the world. | | | | 1.2 | | "The Licence" means the licence granted by the Licensor in accordance with clause 2 of this agreement. | | | | 1.3 | | "The Licence Fee" means the price as specified in item 4 PRICE AND PAYMENT in the TERMS AND CONDITIONS OF SALE set out above. | | | | 1.4 | | "The Program Documentation" means the user interface operating instructions, provided by the Licensor and viewed by the Licensee to enable the proper operation and functioning of the customer customisation facility and the user functions of the website. | | | | 1.5 | | "The Logo" means the specific logo design being a combination of the selected symbol together with The Licensee’s designated logo name, purchased by The Licensee. | | | | 1.6 | | "The Selected Symbol" means the specific symbol selected by the Licensee from the Licensor’s website or database. | | | | 1.7 | | “The Symbols” means all the symbols and images included in the Logofresh.com symbols database as may be provided to the users of the Logofresh.com website and as may be changed from time to time. | | | | 2 | | LICENCE | | | | 2.1 | | Upon payment as specified in item 4 PRICE AND PAYMENT in the TERMS AND CONDITIONS OF SALE The Licensee accepts the terms of this Licensing Agreement. | 2.2 | | The Licensor grants to the Licensee a non-exclusive licence to use the selected symbol in The Logo in accordance with the express terms of this agreement and not further or otherwise. | | | | 2.3 | | Each payment for a non-exclusive licence permits The Licensee to use the selected symbol and show it together with their designated logo name (The Logo) but only for the one specific designated logo name for which it was purchased and no other. The Licensee is permitted to use the selected symbol in The Logo for an unlimited period of time, in any number of locations anywhere in the world but only for that one specific designated logo name. | | | | 2.4 | | The Licensee is permitted to use the one selected symbol to identify the specific designated logo name for which it was purchased and to promote services and or products in stationery, advertising, signage, packaging and other promotional and marketing materials for the designated name. | | | | 2.5 | | Logofresh reserves the right to use the Licensee’s selected symbol or purchased Logo or any other logo created by the customer using the Logofresh process, in promoting the Logofresh website or for any other form of promotion of Logofresh or any other logo website controlled by Logofresh or its owners. | | | | 3 | | PAYMENT | | | | 3.1 | | PAYMENT FOR THE LICENSEE CREATED LOGO The Licence Fee shall be paid by The Licensee as specified in item 4 PRICE AND PAYMENT in the TERMS AND CONDITIONS OF SALE above. | | | | 3.2 | | PAYMENT FOR LOGOFRESH AMENDMENTS If The Licensee asks Logofresh to make amendments or to develop their created logo, other than the fixed price services as set out on the Logofresh.com website then Logofresh reserves the right to make additional charges for amendments at its sole discretion. | | | | 4 | | LICENSEE'S UNDERTAKINGS | | | | 4.1 | | By using the Logofresh website, The Licensee agrees not to use (except for evaluation purposes), to provide, distribute or sell to any third party whatsoever, any of the symbols in the Logofresh database (The Symbols). Logofresh retains the copyrights such as it owns or has rights in and all associated intellectual property rights to the original symbols, which are included in the Logofresh database and used in any designs that The Licensee creates. | | | | 4.2 | | The Licensee undertakes not to transmit electronic information that contains viruses or other data that may damage the Logofresh system or to transmit written or verbal information that may lead to this. | | | | 4.3 | | The Licensee undertakes not to use any false information when they register with Logofresh or pass on any false information via a website form, email, postal services or other forms of communication with Logofresh. | | | | 4.4 | | The Licensee undertakes not to copy, access or try to access, decode, or in any way to obtain information about the method of working of the website by isolating the components of the Logofresh system or any other technique or to interfere in any way with any of the scripting or programming included in the Logofresh website or system. | | | | 4.5 | | The Licensee undertakes not to copy, access or try to access any unauthorised data on the Logofresh.com website or system. | | | | 4.6 | | The Licensee undertakes not to try to access or try to access or to interfere with the hosting service of the Logofresh.com website. | | | | 4.7 | | Logofresh may take legal action against The Licensee involved in any of the above. | | | | 5 | | INTELLECTUAL PROPERTY RIGHTS | | | | 5.1 | | The Symbols, The Logo and all Intellectual Property Rights of whatever nature in the Logofresh.com website are and shall remain the property of the Licensor. The Licensee agrees to immediately notify the Licensor if they become aware of any infringement or any unauthorised use of these materials by any person or organisation. | | | | 5.2 | | No copyright or trademark rights in or to The Selected Symbol or The Logo are included in the purchase of The Logo or The Licence; nor will The Licensee have ownership of any designs or other materials, created or made use of whilst using The Logofresh website customisation process. | | | | 5.3 | | The Licensor does not perform copyright, trademark or similar searches to validate the legality, availability for use, or propriety of The Symbols, The Selected Symbol, The Logo or other materials provided. Also, The Licensor has no responsibility or obligation to help The Licensee seek intellectual property protection. The Licensee may try to register The Logo for trademark protection and any trademark rights, which have been developed in the Logofresh website logo customisation process to produce The Logo. Under The Licence, The Licensee is not permitted to assign or sell the rights to the selected symbol. Nevertheless The Licensee may use any trademark rights residing in The Logo. Logofresh cannot guarantee that The Logo can be registered as a trademark. | | | | 5.4 | | The Licensee should undertake their own research to ensure that their selected symbol will not cause any infringements of existing rights. The Licensor offers a service for a price, which does not include research of the world's many logos & marks. The Licensor accepts no responsibility for any claims against The Licensee that The Selected Symbol or other purchased material infringes any third party rights or any consequent costs incurred by The Licensee now or in the future. If any person believes that any symbol or other content which appears on the Logofresh website infringes another party's rights we encourage them to notify us as soon as possible. | | | | 6 | | INTELLECTUAL PROPERTY INDEMNITY | | | | 6.1 | | If The Licensee has any dispute with a third party or another licensee, Logofresh is released by either or both parties from any liability for any demands, claims and damages of any sort connected with the dispute or disputes. | | | | 6.2 | | Logofresh or any person involved in its creation or running shall not be liable to The Licensee or any other person for any liability, damages, costs or losses resulting from the use of the website or any of its content. | | | | 6.3 | | The Licensee, their successors, and their heirs or assignees agree to fully protect and indemnify the owners, partners and employees of Logofresh, its creators, developers, web hosting services, subsidiaries, licensors, suppliers, agents and information providers from all actions, claims, proceedings, losses, damages and costs, third party claims, including solicitors fees and expenses, due to, or related to, alleged or actual intellectual property right violation or infringement claimed by any party in any way attributed to the use of The Logo, The Symbols or the Logofresh website, or any other item or intellectual property or related material or service provided by Logofresh anywhere in the world. The Licensee agrees to notify promptly The Licensor in writing of any such allegation. | | | | 6.4 | | The Licensor may, at its own discretion, modify or replace The Symbols to avoid any alleged or actual infringement but The Licensor shall under no circumstances be liable for any indirect, incidental or consequential loss, costs or damages whatsoever. | | | | 6.5 | | This indemnity shall also apply to infringements arising directly or indirectly from the combination of The Logo or any one or more of The Symbols with other items not supplied by The Licensor. | | | | 7 | | WARRANTY | | | | 7.1 | | The Licensor warrants that itself, its employees and agents shall take all reasonable precautions to ensure that any programming, scripting, materials and data are free from all viruses or code that has damaging properties that could have been detected by using the latest (at the date of despatch) commercially available virus detection software. However, The Licensor does not guarantee that any programming, scripting, materials and data made available on the website will be free of all viruses or code that has damaging properties and takes no responsibility in the event of such damage occurring. | | | | 7.2 | | The Licensor shall not be liable under the warranties given in clause 7.1 above if the programming, scripting, materials and data fail to conform to the said warranty because of any corruption, abuse or incorrect use of the programming, scripting, materials and data (including use with equipment or other software which is incompatible) or because of any unauthorised variation or modification to the programming, scripting, materials and data. | | | | 7.3 | | All other guarantees, representations and warranties of any kind, whether express or implied, including, without limitation, the implied warranties of satisfactory quality, merchantability and fitness for a particular purpose or ability to achieve a particular result are hereby excluded, so far as such exclusion or disclaimer is permitted under the applicable law. | | | | 8 | | LIMITATION OF LIABILITY | | | | | | In no event shall The Licensor be liable for any damages, including loss of business, loss of opportunity, loss of data, loss of profits or for any other indirect or consequential loss or damage whatsoever that is an indirect or secondary consequence of any act or omission of The Licensor whether such damages were reasonably foreseeable or actually foreseen. | | | | 9 | | CONFIDENTIALITY | | | | | | Logofresh will use all reasonable efforts to maintain The Licensee’s privacy at all times. These include information, such as The Licensee’s name, postal and e-mail address, telephone number and any other information about their business or organisation. The information will only be accessible by designated staff, and is used solely for the purposes for which The Licensee intended. The privacy policy may change. Logofresh will not be liable for any misuse of any information submitted by The Licensee or for illegal access to or illegal use of the information. | 10 | | TERMINATION | | | | 10.1 | | If The Licensee commits a material breach or persistent breaches of this agreement, and in the case of a breach which is capable of being remedied, fails to remedy the breach within a reasonable period of time, then The Licence is automatically terminated forthwith. | | | | 10.2 | | Upon termination of The Licence, The Licensee shall return any materials and any copies of materials obtained from the website to The Licensor and shall destroy any record of the same. | | | | 10.3 | | Any termination of The Licence or this agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision in this agreement which is expressly or by implication intended to come into or continue in force on or after such termination or otherwise. | | | | 10.4 | | Logofresh has the right to cancel and refund The Licensee’s payment at any point in time and/or to terminate access at any time at its sole discretion and to refuse to process transactions to specific customers for any reason. In the event of such an occurrence, Logofresh will refund any amount paid by The Licensee as soon as possible but shall have no further liability to The Licensee under any circumstances. | | | | 11 | | FORCE MAJEURE | | | | 11.1 | | Neither party shall be liable to the other party for any delay or failure to perform any of its obligations under this agreement if the delay or failure results from events or circumstances outside its reasonable control, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party in writing of the nature and extent of such events. If such circumstances continue for a continuous period of more than 28 days, either party may terminate this agreement by written notice to the other party. | | | | 11.2 | | Although Logofresh will make reasonable efforts to make the website service accessible, Logofresh takes no responsibility for any delays or interruptions of service, errors, or omissions contained in the website. Logofresh has the right to discontinue or modify the website. Logofresh shall not be responsible for any loss, cost, damage or liability that may result in such events. | | | |
|
