Terms & Conditions

Terms and Conditions

By using this website, you agree these Terms and Conditions and other terms that appear in the Site and are incorporated by reference, are the legal agreement between you and Logo.com, LLC (“Logo.com”) covering your use of the www.logo.com website (the “Site”) and, if you sign up as a Client, the creative services offered through the Site. Logo.com has the right to change these Terms and Conditions without notifying you so please regularly review this page so you will know of any changes and how they will affect you. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE OR THE SERVICES.

The Site is owned and operated by Logo.com, LLC, an Illinois limited liability company. Logo.com offers creative services including, but not limited to, design (logo, print, website), illustration, copywriting (the “Services”) and sale of related promotional products with your designs on them (like mugs, caps, shirts, and pens). Logo.com may change or discontinue the Site and/or Services at any time and without notice.

Logo.com has the right to take any and all action it deems necessary to ensure the integrity of the Site and Services. In no event and under no circumstance will Logo.com be liable to you for any losses or damages resulting or arising from any action or inaction on our part under this provision.

Client Eligibility

Registration. To become a Logo.com Client and obtain Services you (a person or a person on behalf on an entity) must create an “Account” by registering to do so within the Site. The Service is available only to Clients who are (for individual persons) at least 18 years old, and have not previously been suspended or terminated as a Client. To create an Account, you will provide true, accurate and complete information as prompted by the registration form and update such information to maintain its truth, accuracy and completeness. Misstatements and/or misrepresentations made in registering or using the Site or Service are grounds for immediate termination of your Account and Client status. Logo.com reserves the right in its sole discretion to refuse, suspend, or terminate access to and use of the Site or Service.

Passwords. While creating a Client Account on the Site, you will create a password that will allow you to access the Service features in the Site. You are solely responsible for keeping your password confidential. Logo.com may rely on any activity on the Site under your password as being authorized by you. You are solely responsible for the activities that occur through the use of your password. You must immediately notify us of any unauthorized use of your password and breach of password security. If you forget your password, we will send an email reminder of the password to the email address that you provided to us in your Membership registration. Logo.com has no control over the use of your Account. If you suspect any unauthorized use of your Account you must notify us immediately.

Disclosure. In addition to sharing some of your contact information with our promotional partners, you agree that Logo.com may disclose your Account information and postings if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with a court order, legal process or judicial precedent, to enforce the Terms and Conditions, respond to claims that your conduct violates third party rights, or protect rights, property or safety of other Clients, Logo.com employees, agents, contractors, Site visitors and the public.

Fees. As a Client, you agree to pay all fees for the Services and products you request through the order process.

Services

After you create an Account and sign in as a Client of Logo.com, you can obtain Services in two ways: (1) selecting a standard Service offering, then completing a design brief that details what the logo will represent and finishing the checkout process by paying for the requested Services or (2) completing a custom quote request for Services that go beyond what are offered in the standard Services packages, then finishing the checkout process by paying for the requested Services. The Services will follow a three-stage process: selecting initial concepts, revising these concepts to fit your needs and final delivery and archiving of the finished files. During either process you will have an online workspace created for you. You may communicate with Logo.com and Logo.com will provide revisions in this workspace, according to the Service package you ordered. Logo.com offers a money back guarantee until you accept and fully pay for the final deliverables. You will own all rights in the final, accepted deliverables so long as Logo.com has received full payment and your acceptance of the deliverables. If you are dissatisfied with the process or the final deliverables, Logo.com will fully refund your advanced payment upon your request and your return of the deliverables.If you do not accept and fully pay for the deliverables, you will have no right to use, adapt or possess the deliverables. The Services are not provided as “work made for hire” under the United States Copyright Act.

Proper Site Use

Logo.com grants you the limited, revocable license to access and use the Site solely to learn about, order, pay for and receive Services, all subject to your compliance with these Terms and Conditions. This does not include the right to collect or use information contained on the Site for purposes that Logo.com prohibits, or to compete with Logo.com, or to make any reproductions or adaptations of content in the Site. If your use of the Site goes beyond the scope of what is authorized in these Terms and Conditions, Logo.com will revoke your license to use the Site and block your access to it.

When you sign up as a Client, you consent to receive communications from Logo.com by email including promotional communications. By becoming a Client you also consent to Logo.com sharing your information with our promotional partners unless to opt out here.

Prohibited Conduct

You may only use the Site for lawful purposes and only as Logo.com permit in these Terms of Use. You may not reproduce, duplicate, copy, or otherwise exploit this Site for any commercial purposes. The following rules are not exhaustive and Logo.com may revoke your access to the Site at any time if you violate any of these rules:

You may not submit or transmit through the Site any material or engage in conduct that:

Violates or infringes the rights of others including intellectual property rights;
Impersonates any person, business or entity, including Logo.com, LLC;
Contains a virus or worm or permit the unauthorized use of a computer or network;
Encourages conduct that would constitute a criminal offense or creates civil liability;
Interferes with the operation of the Site or anyone else’s use of the Site;
Uses a robot, spider or other device or process to monitor the activity on or copy content from the Site;
Uses any metatags, search terms, key terms, or the like that contains the Site name, Logo.com, LLC or any of its trademarks or service marks;
Transmits, directly or indirectly, any unsolicited bulk communications (including email and instant messaging) or collects information on Site users for the purpose of sending unsolicited bulk communications;
Embeds any page of the Site in “frames” running form other web sites;
Creates client accounts by automated means or under false or fraudulent pretenses;
Mirrors the Site or Service on any other web site or server;
Falsely states or implies that you are sponsored or endorsed by us.

Partners, Advertisers and Links

Logo.com may include links in the Site to other web sites. You acknowledge that Logo.com has no control or liability for the content on any linked site or blog or any merchandise sold or service offered on those sites and blogs. Your dealings or communications with any party other than Logo.com is solely between you and that third party. For example, links to in the Site to Logo.com partners and advertisers may allow you to conduct transactions or purchase goods or services and receive offers from these partners and advertisers. Any dealings you have with our third-party partners and vendors are your responsibility. Under no circumstances will Logo.com be liable for any goods, services, resources or content available through such third party dealings or communications, or any damages related to or resulting from them. Complaints, concerns or questions relating to materials provided by a third party should be directed to that party. Information you provide on third party such websites, including personal information and transactional information, is subject to the terms of service of those sites.

Indemnification

You agree to defend, indemnify and hold Logo.com, LLC and our members, managers, employees, agents, contractors and advertisers, harmless from any and all liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of these Terms and Conditions or any local or federal laws or regulations or for anything that others do in reliance on your postings. You accept full responsibility for complying with applicable laws and regulations. Logo.com reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY APPLICALBE LAW, THE SITE, ITS CONTENT AND SERVICES ARE PROVIDED “AS IS.” NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARE MADE INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LOGO.COM DOES NOT GUARANTEE THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, VIRUS FREE, OR THAT THE SITE, SERVICES WILL MEET YOUR REQUIREMENTS.

Limitation of Liability

In no event shall Logo.com, LLC or any of its members, managers, employees, agents, contractors or advertisers be liable for any special, indirect, consequential damages or punitive damages arising out of use of the Site, Services or Products. Logo.com reserves the right to correct any errors or omissions in the Site.

Copyrights

This Site and its content may only be used as Logo.com permits; all other uses, including reproduction, modification, distribution, transmission, republication, display or performance of the content on this Site is strictly prohibited. You agree that Logo.com may display the deliverables that you purchase through this Site, on this Site together with your name (or company name) for the purpose of Logo.com promoting the Services by showing a virtual portfolio of its designs.

Service Marks

LOGO.COM and DRAW ATTENTION are service marks of Logo.com. These marks may not be used in any way that is likely to cause consumer confusion, dilute the marks or in any manner that discredits or disparages Logo.com, its members, managers, employees, contractors, or advertisers.

Dispute Resolution

These Terms and Conditions and any claim or dispute that you may have with us shall be governed by Illinois law, without regard to conflict of law provisions. You agree that any disputes or claims that you may have against us will be submitted to confidential arbitration in DuPage County, Illinois before a single arbitrator in accordance with the commercial rules of the American Arbitration Association. However, if you have in any manner violated or threatened to violate our intellectual property rights, Logo.com may file an action seeking injunctive relief in any court of competent jurisdiction and you consent to the person jurisdiction of and venue in such courts and waive any right to a jury trial in connection with any such action. Without limiting the foregoing, you consent to the personal jurisdiction of and venue in the Circuit Court for the Eighteenth Judicial Circuit in Wheaton, Illinois and the U.S. District Court for the Northern District of Illinois, Eastern Division, in Chicago. The arbitrator’s award shall be final, binding and conclusive except that it may be appealed pursuant to the Federal Arbitration Act. The arbitrator’s decision shall be in writing supported by written findings of fact and conclusions which shall set forth the award and may be entered as a judgment in any court of competent jurisdiction. In rendering the decision, the arbitrator shall follow Illinois law and not use equitable principles which would permit the arbitrator to ignore these Terms and Conditions or the law. Any award is subject to all dollar and other limitations in these Terms and Conditions. To the fullest extent permitted by applicable law, no arbitration shall be joined to one involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. You agree that any claim or cause of action arising out of or related to use of the Site, Services or these Terms and Conditions must be brought within one (1) year after such claim or cause of action accrues or it shall be forever barred.

Miscellaneous

Should any part of these Terms and Conditions be held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The failure to enforce any of these terms shall not be deemed a waiver of such provision nor the right to enforce such terms. Logo.com reserves the right to change these Terms and Conditions without notice.

Privacy Policy

Logo.com respects your privacy, as a user of this Site. Logo.com created this Privacy Policy to inform you of the information Logo.com collects about you as well as how that information is used and with whom it is shared. Please read this carefully and contact us if you have any questions. By using the Site you are accepting the practices described in this Privacy Policy.

This Privacy Policy covers the collection of personal and non-personal information. Personal information is any information associated with your name, personal identity, business that you represent, and contact information. Non-personal information is data about usage patterns, reported in aggregate, which is not associated with a specific personal identity. Personal information will only be used in response to your request for further information about the Services and to contact you regarding other products or services offered by us and our promotional partners.

Logo.com shares any Account information obtained through the Site with select promotional partners unless you opt out here. Logo.com may allow third parties to display advertisements on the Site and they may use cookies and other tracking technologies to collection information about users who view or interact with their advertisements.

Rev 12-27-10.