LOGO YES TERMS AND CONDITIONS

THESE ARE THE TERMS AND CONDITIONS ("Agreement") APPLICABLE TO THE PURCHASE AND SALE OF LOGO DESIGN RELATED SERVICES AMONG YOU ("Customer", "you" or "your") AND WEB.COM GROUP, INC. ("Company, "us", "we" or "our").  BY PURCHASING PRODUCTS AND/OR SERVICES TO BE PROVIDED BY COMPANY OR ITS PARENT COMPANY, SUBSIDIARIES OR AFFILIATES, INCLUDING WITHOUT LIMITATION, ORDERING ANY PRODUCTS OR SERVICES THROUGH THE COMPANY WEBSITE, YOU HEREBY AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN.

 

YOU MAY ELECT TO PURCHASE ADDITIONAL SERVICES FROM COMPANY, OR THEIR PARTNERS AND/OR OTHER THIRD PARTIES, WHICH HAVE THEIR OWN TERMS AND CONDITIONS AGREEMENTS AND ACCEPTABLE USE AGREEMENTS, ASIDE FROM THIS AGREEMENT. THOSE AGREEMENTS SHOULD BE PRESENTED TO YOU AT THE TIME OF PURCHASE AND/OR ACCOUNT LOGIN, AND IT IS THE YOUR OBLIGATION TO REVIEW, ACCEPT AND ABIDE BY THOSE AGREEMENTS AS WELL AS THIS AGREEMENT.  TERMS AND CONDITIONS FOR ALL OF OUR SERVICES CAN BE FOUND ON: www.web.com/Legal/Default.aspx.

 

The Company reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. The Company may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following the Company’s posting of any changes or modifications will constitute your acceptance of such changes or modifications.

 

1.     Provision of Services.  Subject to Customer’s compliance with this Agreement, the Company will provide Customer with the following services (the "Services"):  The Company will provide you with a vector-based .EPS file, a high resolution .JPG file, and a .GIF file of a logo design created either by you ("Customer Logo") or by the Company ("Custom Logo") (referred to collectively herein as the "Logo").  The high resolution file provided by Company shall conform to the specifications established by the Printing Industry Association ("PIA").  Company shall have no obligation to provide files in any other format.  Service commencement is initiated upon Company’ receipt of Customer’s order. 

 

Customer Logo

 

For Customer Logos, Customer utilizes Company’s online tools to select a symbol from Company’s online library of symbols ("Company Symbol") and create a unique Customer Logo. Any text, images, symbols, data, or other information provided by or added by Customer ("Content") to include in the Logo shall remain the property of the Customer.  Subject to Customer’s compliance with this Agreement, Customer obtains a license to use the Company Symbol in the Customer Logo.  The Company retains all ownership, copyrights and any other rights to the Company Symbol.  Customer is prohibited from selling, assigning, modifying, recreating, or transferring rights to the Company Symbol.  However, Company grants Customer a license to the Company Symbol that permits Customer to use the Company Symbol for the Customer Logo and to develop trademark rights in the Customer Logo. 

 

When Customer submits payment completes and purchases a Customer Logo, Customer is charged for the Services.  No refunds shall be issued for Customer Logo Services.

 

Custom Logo

 

For Custom Logos, Customer provides Company with Content and direction to assist Company in designing a unique Custom Logo for Customer.  As a courtesy to the Customer, and upon Customer’s request, Company shall provide Customer with up to three (3) Custom Logo options from which Customer may chose one (1) Custom Logo.  If Customer selects more than one (1) Custom Logo option, Customer will be charged the full purchase price for each additional Custom Logo option selected.  The Company retains all ownership, copyrights and any other rights to any options not selected by the Customer, and Company may freely sell, assign, or transfer its rights to those options not selected or purchased by Customer.  Subject to Customer’s compliance with this Agreement, all rights in the Custom Logo, and any symbols contained therein, selected and purchased by the Customer belong to the Customer. 

 

Customer pre-pays for a Custom Logo.  Once Company takes direction from Customer to create the Custom Logo, the Services are nonrefundable.  Changes in Customer’s direction to Company shall result in additional charges to Customer.  No refunds shall be issued for Custom Logo Services.

 

Free Trial-Size Logos

 

The Company sometimes offers free, trial-size logos for promotional purposes ("Free Logo").  Although Free Logos are distributed free of charge, a recipient of a Free Logo (for the purposes of this Agreement, such recipients shall be included in the definition of a "Customer" as more fully defined above) must accept the terms of this Agreement.  For a Free Logo, Customer utilizes Company’s online tools to select a Company Symbol and create a unique Free Logo for Customer.  By creating a Free Logo, Customer agrees to the following:  a) any Content added by Customer to include in the Free Logo shall remain the property of the Customer; and (b) Customer obtains a license to use the Company Symbol in the Free Logo; and (c) Company retains all ownership, copyrights and any other rights to the Company Symbol; and (d) Customer is prohibited from selling, assigning, modifying, re-creating, or transferring rights to the Company Symbol; and (e) Customer agrees to provide Company will current and accurate contact information (including, but not limited to, full name, telephone number, and e-mail address), and consents to receive offers from Company for Company products and services.  Company grants Customer a limited and fully-revocable license to the Company Symbol that permits Customer to use the Company Symbol in the Free Logo.   Customer understands and agrees that a Free Logo will be delivered to Customer in the form of a low-resolution file.  Company makes no representations, guarantees or warranties that the low-resolution file will be suitable for printing or any other commercial use. 

 

Business Cards and Related Products Offered by Third Parties

 

In conjunction with purchasing a Logo, Customers may elect to purchase business cards or related products including, but not limited to, printed stationary and envelopes, containing the Logo purchased by the Customer.  While the Company accepts orders for business cards and related products, third party companies provide business cards and related products to the Customer.  Those third parties have their own terms and conditions agreements which are applicable to business cards and related products.  Those agreements should be presented to you by the third party companies, and it is your obligation to review, accept and abide by those agreements as well as this Agreement.  Web.com shall have no responsibility or liability whatsoever with regard to business cards or related products or services offered by third parties.  Customer shall deal directly with third party companies in regards to questions or concerns regarding business cards or related products.

 

The Company may issue coupons to Customer for business cards or related products that Customer may redeem with a third party.  Customer shall be responsible for redeeming coupons prior to any expiration date.  Replacements for lost, stolen or expired coupons shall not be issued.  No refunds shall be issued for orders for business cards or related products offered by third parties.  All rights in Logos, and any Company Symbol contained therein, printed on business cards or other products remain as described herein. 

 

2.     Payment for Services.  Customer hereby agrees to pay Company for Services in accordance with the pricing presented to Customer at the Company website at the time Customer orders the Services.  All fees for services are non-refundable.  All pricing is stated net of all applicable federal, state and local taxes.  A $20 (Twenty U.S. Dollars) collection fee will be charged for all dishonored payments of any kind.  Company may change any fee, rate or plan at any time upon notice to Customer in accordance with Section 15 herein.

 

3.     Representations and Warranties.  Customer shall be responsible for the following:

 

a.     Ensuring the accuracy of all information provided to Company in conjunction with the purchase and sale of the Services, including, without limitation, Content, business information, and contact information for the Customer.

b.     Obtaining Internet connectivity to access the Logo, to send and receive e-mail, and to otherwise access and utilize the Internet.

c.     Providing current and updated contact information (including e-mail address and fax number) for Company’s use in contacting Customer concerning the Services.

d.     Ensuring that any printing company used by Customer to print the Logo is equipped to handle a file that conforms to PIA specifications.  

e.     Customer represents to Company that Customer is at least eighteen years old, that Customer is authorized to enter into this Agreement on behalf of any organization or company, if applicable.  Customer further represents to Company that Customer is responsible for supervising the activities of any underage user.

f.      Ensuring that any and all Content provided by Customer does not infringe or violate the Intellectual Property rights (including, but not limited to, trademarks, trade names, copyrights, patents, domain registration rights, trade secrets) or any other right of any third party (including, but not limited to, rights of privacy and contractual rights), and acquiring any authorization(s) necessary to use intellectual property or other proprietary information of third parties.

g.     Acquiring any authorization(s) necessary to use intellectual property (including, but not limited to, copyrights and trademarks) or information of third parties; and

h.     Acquiring any intellectual property rights, including trademark rights, in the Logo; and

i.      Ensuring that any and all Content provided by Customer does not infringe or violate the intellectual property rights or any other right of any third party. Company shall have no liability and shall be held harmless for any Content provided by Customer that infringes or violates any rights of third parties, including, without limitation, rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets, and/or licenses.

 

4.     Refund Policy.  Customer understands that all Logo sales are final and no refunds shall be issued.  In the case of Custom Logos, refunds may only be issued where, in Company’ exclusive determination, Company fails to satisfy Customer’s written project parameters.  Where Customers are issued a refund for packaged or bundled Services, the cost of the Logo included in the package shall be deducted from any refund issued.

 

5.     Intellectual Property.  Customer understands that Company retains the rights to all Logos and does not transfer any rights to Logos to Customer unless and until Customer purchases the Logo.  Upon purchasing a Logo, Company transfers rights in accordance with the terms in Section 1 herein and according to Services purchased by Customer.  As between Customer and Company, any Content provided by Customer to Company for inclusion to any Logo shall remain the sole and exclusive property of Customer. Customer acknowledges that all Content is owned by Customer or that Customer has a legal right to such Content. With respect to the Company Symbols, all ownership and intellectual property rights shall remain exclusively with Company.   Company’s ownership and intellectual property rights in Company Symbols are perpetual, and continue even after Customer purchases a Customer Logo. 

 

6.     Infringing Logo or Content.  Company reserves the right to reject, alter, or modify any Logo or Content (including, but not limited to, any language, words, text, photographs, designs, drawings, graphics, images, symbols or logos) which Company in its sole discretion deems to be:

 

a.     An infringement on or a mechanism designed to facilitate the infringement of a propriety interest of any third party, including without limitation, any copyright, trademark, domain registration right, trade secret, or patent right. By using the Service, Customer represents and warrants that any image, text, name or word submitted to be used as all or part of the Logo does not infringe any trademark or domain name rights of any third party.  Moreover, Customer warrants that it has a present good faith intention to use the Logo in connection with a commercial or personal endeavor.

b.     In violation of any federal, state, county, and municipal laws, regulations, governmental agency orders, and court orders.

c.     Offensive, which shall include, without limitation, bigotry, racism, discrimination, hatred, or profanity; disparaging, defamatory, libelous, or results in an invasion of privacy; promotes or provides instructional information about illegal activities or physical harm or injury to any group, individual, institution or property; infringes on a proprietary interest of any third party, including without limitation, any copyright, trademark, domain registration right, trade secret or patent right; or may violate any federal, state, county or municipal law, regulations, governmental agency orders, or court order.

d.     States or implies that the Logo is placed by Company or any party with a contractual relationship with Company, or that such parties endorse the Customer’s products or services.

e.     Company neither sanctions nor permits Logos or Content that contain illegal or obscene material or foster or promote illegal activity. Company reserves the right to immediately suspend or terminate the Services (including terminating Customer’s license to any Company Symbol) to any Customer that violates this policy, without prior notice. In the event of such termination, Customer agrees that the unused portion of any fees Customer may have paid for any Services rendered to Customer by Company are an appropriate recompense to Company for the time required to respond to and address issues created by Customer's illegal or obscene Content, and Customer agrees not to seek recovery of those fees. Further, should Customer violate this policy, Company will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, the Logo, the illegal or obscene Content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene Content.

f.      Violent or encouraging violence.

g.     Disparaging, defamatory, libelous, or resulting in an invasion of privacy.

h.     Promotion or providing of instructional information about illegal activities or physical harm or injury to any group, individual, institution or property, or encouraging illegal or criminal conduct.

i.      Promotion or facilitation of, or engaging in, consumer deception or fraud, drug use, drug dealing, pyramid schemes, gambling, or any other illegal activities.

j.      Intentional holding of Company (including its affiliates) or their employees or stockholders up to public scorn, ridicule, or defamation.

 

7.     Disclaimer of Warranties.  The Services are provided on an "as is" and "as available" basis.  CUSTOMER’S USE OF THE SERVICES IS AT ITS OWN RISK AND COMPANY DISCLAIMS ANY AND ALL WARRANTIES TO CUSTOMER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.  Company disclaims and shall not be liable for any other loss, injury, cost or damage suffered by Customer or any third party and shall in no event be liable for consequential, special, or indirect or incidental damages, including without limitation, damages for loss of business profits, business interruption, or loss of data, arising out of or in any way connected with the use of the Logo and any information available on it, and the delay or inability to use the site or any information, even if Company has been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Except as expressly stated herein, Company disclaims any and all warranties to Customer, expressed or implied, including implied warranties of merchantability and fitness for a particular purpose.

 

8.     Limitation of Liability.   COMPANY’S LIABILITY HEREUNDER SHALL NOT EXCEED THE LESSER OF THE AMOUNT PAID BY CUSTOMER TO COMPANY DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE OR THE TOTAL COST OF SERVICES. COMPANY SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY DAMAGES CAUSED BY ANY ONLINE SERVICE, TRANSMISSION, COMMUNICATIONS OR COMPUTER SYSTEM FAILURE OR (C) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, REVENUES OR PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, COMPANY WOULD NOT ENTER INTO THIS AGREEMENT.

 

9.     Indemnification.  Customer agrees to defend, indemnify, and hold harmless Company and each of Company’s officers, directors, employees, agents, and affiliates from, against, and in respect of: (i) any and all losses, damages or deficiencies resulting from any third party claim against Company in connection with the Logo (ii) any and all losses, costs (including reasonable attorney’s fees), expenses, damages, assessments, or judgments, resulting from any claim against any of such parties in connection with the Logo, (iii) any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Logo and (iv) all costs and expenses incident to any and all actions, suits, proceedings, claims, demands, assessments, or judgments in respect thereof regardless of the merit thereof, including Company's reasonable legal fees and expenses (whether incident to the foregoing or to Company's enforcement of said rights or defense and indemnity) in connection with the Logo.

 

10.   Termination.  Company reserves the right to suspend or terminate Service (including, but not limited to, terminating Customer’s license to any Company Symbol) with or without notice to Customer if Company determines, in its sole discretion, that Customer has failed to comply with its obligations as set forth in this Agreement.

 

11.   Prohibited Transactions.  Customer warrants that Customer is not, nor is Customer acting on behalf of any person or entity that is, prohibited from engaging in transactions with U.S. citizens, nationals or entities under applicable U.S. law and regulation including, but not limited to, regulations issued by the U.S. Office of Foreign Assets Control ("OFAC").  In addition, Customer is not, nor is Customer acting on behalf of any person or entity that is, a Specially Designated National ("SDN"), as OFAC may so designate from time to time. In addition to all other rights and remedies available to Company under this Agreement, and at law and in equity, Customer’s breach of this section shall result in immediate termination of the Agreement and forfeiture of any and all Services or amounts previously provided, paid and/or owed to Customer under this Agreement.

 

12.   Governing Law.  This Agreement shall be governed by the laws of the State of Florida, without giving effect to principles of conflict of laws contained herein. Customer agrees that any judicial proceeding for the breach of or enforcement at law or equity of this Agreement or any provision hereof shall be instituted only in a federal or state court of competent jurisdiction in the city of Jacksonville and the State of Florida, and Customer consents to the jurisdiction of such court, and waives the right to challenge the jurisdiction of such court on grounds of lack of personal jurisdiction or to seek a change of venue. This Agreement constitutes the entire agreement of the parties relative to its subject matter, and shall not be waived, modified, or supplemented in whole or in part except in a writing signed by the parties. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

 

13.   Force and Effect.  Any failure by Company to enforce any of its rights under this Agreement or any applicable laws shall not constitute a waiver of such right. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, Customer, Company, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining provisions shall retain their full force and effect.

 

14.   Entire Agreement. This Agreement constitutes the entire agreement of the parties relative to its subject matter. Customer may not waive, modify or supplement, this Agreement in whole or in part, except for written permission or amendment by Company. Company reserves the right to unilaterally modify and revise the Terms and Conditions of this Agreement from time to time. Such modifications or revisions shall be provided to Customer via the Notice provisions set forth in Section 15 herein, and Customer shall be deemed to have accepted, and to be apprised of and bound by, any such modifications or revisions to the Terms and Conditions, and may only reject such modifications or revisions by canceling the Service.

 

15.   Notice.  Notice to Customer shall be deemed effective when a) sent via e-mail to the last known Customer contact e-mail address, or to the last known Customer fax number, or when deposited in first-class U.S. mail with sufficient postage attached addressed to the last known Customer mailing address or b) posted at http://www.logoyes.com/legal.htm or www.web.com/Legal/Default.aspx, as updated from time to time.  Notices required to be given by Customer may be made by calling customer service at 1-800-940-LOGO(5646).

 

16.   Agencies and Partnership.  This Agreement does not create any agency, employment, partnership, joint venture, franchise, or other similar or special relationship between you and Company. Neither party will have the right or authority to assume or create any obligations or to make any representations, warranties or commitments on behalf of the other party or its affiliates, whether express or implied, or to bind the other party or its affiliates in any respect whatsoever.

 

17.   Assignment; Successors.  Customer may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of Company.  Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever.  Company may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without consent of the Customer.  This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

 

v. 05.09.2

 

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