1. GENERAL TERMS OF ACCEPTANCE
- The following Terms and Conditions pertain to the use of FreeLogoCreator.com (hereafter referred to as “Service”). These Terms and Conditions (“Terms”) are applicable to the purchase and sale of graphic design and related services between you (“Customer”, “you”, “your”) and FreeLogoCretor.com.
- These Terms govern your use of FreeLogoCreator.com website (“Website”) and any sub-website of FreeLogoCreator.com. By using our Website or Service, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use our Service or Website.
- During your use of our Service and/or Website, you may choose to purchase additional services from FreeLogoCreator.com or from their partners and/or other third parties, which have their own terms and conditions agreements, aside from our Terms. It is your responsibility to read and abide by those agreements as well as our Terms.
- FreeLogoCreator.com at its discretion (and without any prior notice) may modify these Terms from time to time, and determine whether these changes apply to both existing and future customers. It is your responsibility to review this page from time to time for updated Terms, and before making any purchase. Your use of our Service constitutes your acceptance of all changes or modifications.
- If you do not agree to these Terms, modifications, and/or third-party terms and conditions in conjunction with our Service, do not use FreeLogoCreator.com website.
- Before you proceed to use FreeLogoCreator.com, you acknowledge and warrant that you are at least 13 years of age, and accept these Terms.
2. DESCRIPTION OF SERVICE
- i. FreeLogoCreator.com offers do-it-yourself design maker tools (logo design, business card, letterhead, envelope, postcard, sticker) on its Website. Customer may use our online tools (“Tools”) to choose design from the database of design templates (“Design”) to create a unique Customer design. Any text, data, or other information (“Content”) provided by or added by Customer to Design remains the property of Customer.
Subject to Customer's agreement with this Terms, Customer obtains a license to use Design as the Customer’s design. However, FreeLogoCreator.com retains and owns all copyright rights, proprietary licenses, and rights to Company Design.
Customer is prohibited from selling, assigning, modifying, recreating, or transferring rights of the Company Design to themselves or anyone else.
FreeLogoCreator.com does not own copyrights of design for which it has obtained permission for redistribution, promotion, and integration from third party APIs, partners, and collaborators. It is the responsibility of Customer to obtain permission and accept the terms and conditions set by these third-party APIs, partners and collaboration companies. Customer is prohibited from selling, assigning, modifying, recreating, or transferring rights of the third-party design to themselves or anyone else.
- ii. FreeLogoCreator.com also offers custom graphic design services via its partner site (“Partner”) including logo design, website design and development, brand identity design, brochure, and other graphics (“Custom Design”). All Custom Design transactions are subject to Terms as well as those of Partner’s. Once a transaction moves to Partner site, their terms and conditions are applicable on Content, Custom Design, and any Data including but not limited to ownership, copyrights, and proprietary rights.
- iii. Customer may purchase exclusive rights of Design icon (“Icon”) from FreeLgooCreator.com with an exclusive rights Sale Agreement. Customer understands and accepts that with exclusive rights purchase of generic Design symbol with multiple prior downloads, FreeLogoCreator.com agrees to remove Design from our database within 3 business days upon successful processing of sale with an agreed sum paid by Customer. FreeLogoCreator.com does not guarantee exclusivity of the purchased Design symbol nor its use by another company prior to this Sale Agreement.
Exclusive rights may not be purchased of Icon belonging to any third-party APIs, partners and collaborating company for which FreeLogoCreator.com does not own proprietary rights.
- iv. For DIY website builder offered by FreeLogoCreator.com, Customer may use the Tool to select web templates from an online library of Design to create unique Customer designs. All materials added by Customer such as text, images, data, and/or information about products/services to the web templates using the web builder shall remain the property of Customer.
Use of the customized web template(s) is subject to these Terms, and Customer is licensed to use the design, web builder, hosting services, and email services. Customer is prohibited to sell, assign, modify, recreate or transfer the rights of the Design to themselves or anyone else. All designs and copyrights belong to FreeLogoCreator.com’s Partner and subject to our Terms and Partner’s terms and conditions of use.
Customer’s use of web builder to create Design is subject to our third-party Terms and FreeLogoCreator.com’s Terms. Should Customer terminate website builder subscription service, cancellation will take effect immediately, and Customer may not access Design, content and/or account.
- v. For Subscription of Service, Customer subscribes to unlimited use of DIY Tool(s) to edit selected Design template(s) for the period of the subscription. Customer may edit fonts, colors, shapes, effects, and download Design for use during the subscribed period. Termination of such subscription shall be subjected to Cancellation clause 3.
For DIY Service and Custom Design, any new feature on the Service, including the release of new tools and resources, shall be subject to these Terms. The Service does not include access to the Internet, either directly or through devices that access web-based content, and/or fees associated with Internet access. The Service may include certain communications from FreeLogoCreator.com, such as service announcements, administrative messages, and/or occasional promotional emails. These communications are considered part of FreeLogoCreator.com’s membership. You may not access the Service by any means other than through the Service interfaces we provide you.
3. CANCELLATION AND TERMINATION
- If Customer opt to cancel and terminate the use of Website, Tool and Service, cancellation and termination will take effect immediately. After cancellation, Customer will no longer have access to design(s), and FreeLogoCreator.com may delete all information saved on your account profile, which may override your lifetime storage of Design. We accept no liability for such deleted information or content. Customer shall not be allowed to access and use our Design templates as their brand logo, identity design, and website design. Continuing to use Company’s copyrighted design may result in legal action, persecution or both.
- For as long as we continue to offer the Service, we will provide and seek to update, improve and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Term. We may modify, replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users at our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted.
- We further reserve the right to withhold, remove and/or discard any Content available as part of your account, with or without notice if deemed by us to be contrary to this Term. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or others provide when using the Service.
- FreeLogoCreator.com reserves the right, at its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your order for any Service offered by FreeLogoCreator.com, your Contract and/or your access to the FreeLogoCreator.com web site, at any time and without prior notice except for Custom Design and third-party API, partnership and collaborations.
- You agree that FreeLogoCreator.com shall not be liable to you or any third party for any rejection, cancellation or termination of your order, your Contract, your access your lifetime storage of design, or to the FreeLogoCreator.com web site. In the event that FreeLogoCreator.com rejects, cancels or terminates your Contract or your order for a reason other than your breach or non-performance under your Contract, FreeLogoCreator.com will return any amounts prepaid by you relating to the rejected, canceled or terminated Contract or order subject to Section 4(iii).
4. FEES, PAYMENT, DELIVERY AND REFUNDS
i. Fees and Payment
- a. All Company Designs are priced at the discretion of FreeLogoCreator.com indicated in My Design section, and may change from time to time at the discretion of Company at any time with or without any prior notification to you.
- b. Some of the features on the Service require payment of fees. If Customer choose to sign up for these features, you shall pay all applicable fees, as described on the Service in connection with such features selected by Customer.
- c. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Customer shall be responsible for payment thereof. Customer agrees to pay for any taxes that might be applicable to Customer’s use of the Service and payments made to us.
- d. FreeLogoCreator.com online payment services are provided by PayPal.com.
- e. Any exclusive rights purchase of Design by Customer does not include in the fees or packages, and may not be refunded.
- f. Some of FreeLogoCreator.com’s services are free of cost, for which Customer has access via My Design section and deem usable. However, at FreeLogoCreator.com’s discretion, this free service may be discontinued at any time and may change its policy to make the service chargeable. Customer may opt to discontinue the use of free Service but should make sure they do not publish, distribute, or create Design without prior permission from FreeLogoCreator.com.
ii. Delivery and Acceptance
- Upon completion of Design in accordance with the Terms, Customer shall be able to access and download their design, created by using of FreeLogoCreator.com’s tool, in My Design section, where Customer can download the Design, and additional design formats. All downloads are considered acceptance, unless otherwise specified through communication with a representative at of FreeLogoCreator.com. Once Customer downloads a design, it may be stored in our database for a lifetime period but not guaranteed.
- For Custom Design delivery, deliverables and acceptance are subject to Terms of Partner site.
iii. Refund Policy
- Customer understands that all Company Design and Custom Design sales are final and no refunds shall be issued by of FreeLogoCreator.com.
- In the case of purchased Design, refunds may only be issued where with the Company's exclusive determination: the final artwork has technical issues only either in Company Symbol design or in case of broken text. The Company reserves the right to first exercise resolving the technical issue that may include offline correction of final artwork for Customer.
- In case of purchased Custom Design no refunds shall be issued except at Partner’s discretion and determination of the issue, resolution, and agreement based on Partner’s Terms and Customer’s nature of complaint, compliance, and rights to refund.
5. INTELLECTUAL PROPERTIES, COPYRIGHTS AND TRADEMARK NOTICES
- All intellectual property of FreeLogoCreator.com including all web site screens and portions thereof, graphics, original text elements, site design, logos, pictures and icons, as well as the selection, format and organization thereof, constitute proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by FreeLogoCreator.com in writing or otherwise required by applicable law, any rent, lease, sale, modification, duplication, distribution, alteration, retransmission or publication of any intellectual property or proprietary information of FreeLogoCreator.com and its partners, third-party API, collaborator, etc. is strictly prohibited. Copyright © 2012-2022 by FreeLogoCreator.com. All rights not expressly granted herein are reserved.
- You represent and warrant that you are the owner of or have the exclusive right to use any and all proprietary information you provide to FreeLogoCreator.com or refer to FreeLogoCreator.com in furtherance of or in connection with your Contract, including without limitation any and all trade names, trademarks, copyrights, graphics, designs, logos, written content/copy for any use, to include copy for web design and brochures/flyers and similar materials or information.
- Customer understands that FreeLogoCreator.com, and its partners, third-party API, collaborator retain the rights to all Design and does not transfer any rights to Customer unless and until Customer purchases exclusive rights of the Design. Upon purchasing exclusive rights of a Design, Company transfers rights in accordance with the terms in Section 2 herein and according to Services purchased by Customer. As between Customer and Company, any Content provided by Customer to Company for inclusion to any Design 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 and non-transferable in any case. Company's ownership and intellectual property rights in Company Symbols are perpetual, and continue even after Customer purchases a Customer Logo and registers under trademark.
6. License to Use Website
- a. Unless otherwise stated, FreeLogoCreator.com and/or its licensors own the intellectual property rights of the website and content therein. Subject to the license below, all these intellectual property rights are reserved.
- b. You may view, download and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
You must not:
- i. republish material from this website (including republication on another website);
- ii. sell, rent or sub-license material from the website;
- iii. show any material from the website in public;
- iv. reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- v. edit or otherwise modify any material on the website; or
- vi. redistribute material from this website, (except for content specifically and expressly made available for redistribution).
- c. Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
7. Acceptable Use
- a.You must not use Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- b. You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- c. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without FreeLogoCreator.com's express written consent.
- d. You must not use Website to transmit or send unsolicited commercial communications.
- e. You must not use this website for any purposes related to marketing without FreeLogoCreator.com's express written consent.
8. Restricted Access
- a. Access to certain areas of this website is restricted. FreeLogoCreator.com reserves the right to restrict access to other areas of this website, or indeed this entire website, at FreeLogoCreator.com's discretion.
- b. If FreeLogoCreator.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
- c. FreeLogoCreator.com may disable your user ID and password at management’s sole discretion without notice or explanation.
9. User Content
- a. In these Terms, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
- b. You grant to FreeLogoCreator.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to FreeLogoCreator.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.
- c. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or FreeLogoCreator.com or a third party (in each case under any applicable law).
- d. You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
- e. FreeLogoCreator.com reserves the right to edit or remove any material submitted to this website, or stored on FreeLogoCreator.com servers, or hosted or published upon this website.
- f. Notwithstanding FreeLogoCreator.com rights under the Terms in relation to user content, FreeLogoCreator.com does not undertake to monitor the submission of such content to, or the publication of such content on, this Website.
10. No Warranties
- a. This Website is provided "as is" without any representations or warranties, express or implied. FreeLogoCreator.com makes no representations or warranties in relation to this Website or the information and materials provided on this website.
- b. Without prejudice to the generality of the foregoing paragraph, FreeLogoCreator.com does not warrant that:
- • this website will be constantly available, or available at all; or
- • the information on this website is complete, true, accurate or non-misleading.
- c. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any (legal, financial or medical) matter you should consult an appropriate professional.
11. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. FREELOGOCREATOR.COM DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
12. Limitations of Liability
FREELOGOCREATOR.COM WILL NOT BE LIABLE TO YOU (WHETHER UNDER THE LAW OF CONTACT, THE LAW OF TORTS OR OTHERWISE) IN RELATION TO THE CONTENTS OF, OR USE OF, OR OTHERWISE IN CONNECTION WITH, THIS WEBSITE:
I. TO THE EXTENT THAT THE WEBSITE IS PROVIDED FREE-OF-CHARGE, FOR ANY DIRECT LOSS;
II. FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS; OR
III. FOR ANY BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, LOSS OF
REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA.
THESE LIMITATIONS OF LIABILITY APPLY EVEN IF FREELOGOCREATOR.COM HAS BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS.
- Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit FreeLogoCreator.com's liability in respect of any:
- i. death or personal injury caused by FreeLogoCreator.com's negligence;
- ii. fraud or fraudulent misrepresentation on the part of FreeLogoCreator.com; or
- iii. matter which it would be illegal or unlawful for FreeLogoCreator.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
15. Other Parties
- a. You accept that, as a limited liability entity, FreeLogoCreator.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against FreeLogoCreator.com's officers or employees in respect of any losses you suffer in connection with the website.
- b. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect FreeLogoCreator.com's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as FreeLogoCreator.com.
16. Unenforceable Provisions
- If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
- You hereby indemnify FreeLogoCreator.com and undertake to keep FreeLogoCreator.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by FreeLogoCreator.com to a third party in settlement of a claim or dispute on the advice of FreeLogoCreator.com's legal advisers) incurred or suffered by FreeLogoCreator.com arising out of any breach by you of any provision of these Terms or arising out of any claim that you have breached any provision of these Terms.
18. Breaches of These Terms
- Without prejudice to FreeLogoCreator.com's other rights under these Terms, if you breach these Terms in any way, FreeLogoCreator.com may take such action as FreeLogoCreator.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
- FreeLogoCreator.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised Terms on this website. Please check this page regularly to ensure you are familiar with the current version.
- a. FreeLogoCreator.com may transfer, sub-contract or otherwise deal with FreeLogoCreator.com's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
- b. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
- If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
21. Entire Agreement
22. Law and Jurisdiction
- These Terms will be governed by and construed in accordance with Pakistan governing law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Pakistan.
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