LOGO-TOGO.COM, Company Logo design Terms of Services

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LOGO-TOGO.com Terms & Conditions of Services

Thank you for your interest in our services. By using LOGO-TOGO.com, and signing up as a Client, you agree to be legally bound by these Terms and Conditions, including those terms and conditions incorporated by reference. Please read these terms carefully. If you do not accept these Terms and Conditions stated here without modification, you may not use the LOGO-TOGO.com services. LOGO-TOGO.com may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. In these Terms and Conditions, LOGO-TOGO.com, the LOGO-TOGO.com service, all services related to it, and all text, images, photographs, user interface, "look" and "feel", data and other content included in it from time to time (including, without limitation, the selection, coordination and arrangement of such content) are referred to as the "Web Site" or "Service." LOGO-TOGO.com is operated by NOMADESIGN Inc. a corporate identity and cross-cultural branding company registered in Tokyo, JAPAN and can be contacted by email at info@logo-togo.com.

1. Web Site Generally.

(a) Description. The LOGO-TOGO.com Service is an online offering where individuals or entities that have contracted a logo design with LOGO-TOGO.com as clients (each, a "Client") can post specific assignments and project descriptions, including illustrative samples or other media, (each, a "Creative Brief"), revise those Creative Briefs ("Revision Brief") and obtain responses (each, a "Response") to those Creative or Revision Briefs from design experts retained by LOGO-TOGO.com ("Members"). Clients will be provided the Service according to the Packages chosen by Client as detailed in Section 1(f). Client’s Responses will be created iteratively through ordered online samples of Revision Briefs and Responses, ultimately resulting in a final Response conforming to Client’s various Revision Briefs.

(b) Creative Brief and Responses. Each Client is solely responsible for preparing and posting detailed descriptions of each of its Creative Briefs, including providing samples illustrating Client’s Creative Brief (“Samples”), the applicable deadline, and other relevant terms and conditions. For each Response that the Client wants to a Creative Brief, a term sheet (a "Term Sheet") will be generated that will contain, and be subject to, the terms and conditions established by the Client for the Creative or Revision Brief, including the deadlines and any terms or conditions required by Client. LOGO-TOGO.com is under no obligation to review a Creative or Revision Brief or Term Sheet for any purpose, including accuracy, completeness of information, quality or clarity. LOGO-TOGO.com may decide, in its sole discretion, to deny a Creative or Revision Brief, or a Term Sheet.

(c) When LOGO-TOGO.com provides a Response to a Client, the Client shall review the Response. If a Client fails to promptly inform LOGO-TOGO.com that the Response is not reasonably responsive to the Term Sheet or Creative Brief, the Client will be deemed to have accepted the Response. If a Client notifies LOGO-TOGO.com that the Client thinks a Response is not reasonably responsive to the Creative Brief, the Client shall submit information regarding amendments or modification to be made to the initial Response ("Revision Brief"). After providing a Revision Brief, Client will be provided a subsequent Response that conforms with the additional criteria requested by Client.

(d) Responses. LOGO-TOGO.com is not responsible for the content of Responses developed to the extent that such responses are based in conformity with Client’s Creative or Revision Briefs.

(e) Revision cycles. Revision cycles generally consist of 1 sample that incorporate changes requested by the client in the Revision Brief. The purpose of the revision process is to create Responses that move forward in a specific direction as determined by the client. Client’s requests shall be modifications of the current composition only. Revision requests that depart from the current composition will not be honored or completed.

(f) Client Accounts.

a. Payment. Clients registering for the Service must pay for the Service via Paypal payment service, or other payment method expressly authorized by NOMADESIGN Inc., at the time of registration for the Service. Client’s will be charged for the Package(s) or service(s) selected. LOGO-TOGO.com will email client a receipt for the transactions in which Client is involved and set up an online pre-production page for allowing review of the work by the Client. Our fee policy for Clients may change and we may decide to impose additional fees on Clients at any time. Such fees will not, however, apply to Projects submitted before such change in fees by LOGO-TOGO.com.

b. Refunds. If Client is not satisfied with the initial Responses provided by LOGO-TOGO.com, Client may request a refund by sending a formal email to NOMADESIGN Inc. Upon timely receipt of this email, LOGO-TOGO.com will refund $90 to Client during the 1st cycle of the project. Client shall forfeit the right to the refund as outlined above after presentation of a 2nd. sample. Acceptance of such refund shall constitute Client’s sole and exclusive remedy with respect to such Responses. Should Client receive such refund, Client acknowledges that it will have no right (express or implied) to use any Response or other work product, content, or media, nor any ownership interest in or to the same.

c. Project duration. Client agrees to provide timely responses to LOGO-TOGO.com after receiving status notifications from LOGO-TOGO.com. Client shall have 30 days to respond to each set of Responses submitted to Client for review. If after 30 days the Client has failed to so respond, LOGO-TOGO.com will assume the Project complete and the Project shall be deemed to be complete. At such time, LOGO-TOGO.com shall will have no further obligation to Client, and Client shall pay LOGO-TOGO.com all fees and expenses associated with work performed by LOGO-TOGO.com.

(a) Eligibility Requirements. To register as a Client, you much be at least 18 years of age, agree to these Terms and Conditions and the Privacy Policy, and complete the registration procedure. By registering as a Client, you represent and warrant that you meet these eligibility requirements, that the information you include as part of the registration process is complete and accurate and, if you are registering on behalf of an entity, that you are authorized to bind that entity to these Terms and Conditions. LOGO-TOGO.com may accept or reject your registration in its sole discretion. The Service is not directed to children.

(b) Authorization to Use; Permitted Uses. You may access and use the Service solely in accordance with these Terms and Conditions and any posted policies and procedures that appear on the Web Site. You may provide Creative Briefs and obtain Responses only if you register as a Client. Any use of the Web Site is at your sole risk and responsibility. Subject to these Terms and Conditions, you may (i) display the Web Site on an internet access device, and (ii) on an occasional, infrequent and ad hoc basis, and only in circumstances that constitute "fair use" under United States copyright law, print copies of insubstantial portions of the Web Site. Except as expressly authorized by the foregoing sentence and as otherwise permitted herein, you may not display or print the Web Site and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Web Site.

(c) Prohibited Uses Generally. You are required to comply with all applicable laws (including, without limitation, any applicable export controls) in connection with your use of the Service, and such further limitations as may be set forth in any written or on-screen notice from LOGO-TOGO.com. Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Web Site that (i) is copyrighted, unless you are the copyright owner; (ii) reveals trade secrets, unless you own them; (iii) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; (v) is sexually-explicit; (vi) constitutes advertisements or solicitations of business, chain letters or pyramid schemes; or (vii) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You further agree not to (i) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Client; (ii) delete or revise any material or other information of any other user or LOGO-TOGO.com; (iii) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure; (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any activity being conducted on this site; (v) use or attempt to use any engine, software, tool, agent or other device or mechanism(including without limitation browsers, spiders, robots, avatar's or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from LOGO-TOGO.com on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer); or (vi) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site. You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Web Site; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. LOGO-TOGO.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. LOGO-TOGO.com reserves the right to review postings on the Web Site, to remove any postings, and to terminate your ability to communicate with, or post to, the Web Site at any time without notice, in its sole discretion. LOGO-TOGO.com will take commercially reasonable efforts not to disclose any information you communicate with, or post to, the Web Site but reserves the right to disclose such information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

(d) Operation of Web Site. LOGO-TOGO.com shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Web Site. LOGO-TOGO.com reserves the right, but shall not be required, to correct any delays, interruptions, errors or omissions. Although LOGO-TOGO.com intends to use commercially reasonable efforts to make the Web Site and Service accessible, LOGO-TOGO.com makes no representation, warranty or covenant that the Web Site or Service will be available at all times or at any time. Various circumstances may prevent or delay availability. LOGO-TOGO.com may at any time discontinue the Web Site in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. LOGO-TOGO.com shall not be responsible for any loss, cost, damage or liability that may result.

3. Responsibility for Content; Other Representations, Warranties and Covenants.

(a) Company. LOGO-TOGO.com shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, LOGO-TOGO.com makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any Creative Brief, Term Sheets, Responses or User Identity (as defined below)) that are communicated through, or posted to, the Service, whether by Members, Clients, LOGO-TOGO.com or otherwise, nor does LOGO-TOGO.com endorse any opinions expressed by any user of the Web Site, including any Member or Client. Without limiting the foregoing, LOGO-TOGO.com makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to this Agreement. You acknowledge that any reliance on information or other material, including, without limitation, any Job, Term Sheet, Response or User Identity, communicated through the Service, or posted to the Web Site will be at your own risk. Without limiting the foregoing, each Client agrees and acknowledges that it uses each Response at its own risk and that it is responsible for taking any actions it deems reasonable to determine whether its use of a Response will infringe any third party intellectual property, privacy or publicity rights.

4. Ownership; Rights to Use.

(a) Web Site and Service Generally. Except as expressly contemplated under this Agreement, as between LOGO-TOGO.com and you, LOGO-TOGO.com will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Web Site and Service, in all media now known or later devised, to the full extent provided under United States and international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Web Site or any portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of LOGO-TOGO.com, including "LOGO-TOGO.com", without the prior written consent of LOGO-TOGO.com in its sole discretion for each such use

(b) Creative and Response Briefs. Upon submission a Creative or Response Brief or any other information or media provided by Client in connection with Client’s use of the Service (collectively, the “Client Information”), LOGO-TOGO.com and its agents shall have all rights and licenses necessary to use such Client Information for purposes of obtaining Responses and for archival purposes. Each Member to whom a Client project is made available has the right to review and display the Term Sheet solely for purposes of preparing a Response.

(c) Rights of LOGO-TOGO.com. Upon Client’s submission of Client Information to the Service, Client grants LOGO-TOGO.com and its agents (including NOMADESIGN Inc. a royalty-free, perpetual, irrevocable, sublicenseable, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide Client with the Service and Responses.

(d) Rights of Clients. Subject to Client’s compliance with the terms and conditions of this Agreement, Client shall own final Response compositions provided to Client by LOGO-TOGO.com hereunder. Client shall not, however, own any materials, media or other content generated during any revision cycles leading up to the final Response composition, with such right, title and interest expressly reserved to LOGO-TOGO.com. Client acknowledges and hereby grants to LOGO-TOGO.com the right to use Creative and Revision Briefs, as well as individual Responses provided to Client, for internal and archival purposes, and in order to display and promote the LOGO-TOGO.com Service. Client acknowledges that its rights under this Agreement shall be limited solely to the final Response compositions, and that no trade or service marks in or to such final Response compositions are being conveyed under this Agreement. Client acknowledges that LOGO-TOGO.com shall have no obligation or duty to perform trade or service mark searches or inquiries, or the like, in order validate the propriety or legality of the Response compositions. Accordingly, Client is encouraged to perform its own independent searches with regard to the Response compositions. Furthermore, Client acknowledges that LOGO-TOGO.com shall have no responsibility or obligation of any kind to assist Client in seeking state or federal intellectual property protection (i.e., without limitation, trademark registration) for the Responses, nor shall LOGO-TOGO.com be responsible in otherwise assisting Client in any way in Client’s perfection of Client’s rights in or to the Responses.

5. Identity, Security & Pre-production page access.

(a) The link to your pre-production page will be communicated to the email provided during the transaction. Your User Identity will include certain personal information, such as, the industry in which you operate. However, your user name need not be your real name. During the registration process, the fields requesting information that will be made available to others as part of your User Identity are identified. You are responsible for ensuring that you are comfortable making such information available to other Web Site users.

(b) Access link to pre-production page shall be kept confidential, shall not be disseminated, and shall be use solely in accordance with these Terms. You shall immediately notify LOGO-TOGO.com if you learn of or suspect of any unauthorized use of your pre-production page on the Web Site. In the event of such unauthorized use, LOGO-TOGO.com may impose on you, at LOGO-TOGO.com's sole discretion, additional security obligations.

(c) Security Breaches and Revision. If any unauthorized person obtains access to the Web Site as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief LOGO-TOGO.com. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.

6. Nondisclosure and Privacy.

(a) Privacy. LOGO-TOGO.com intends to use commercially reasonable efforts to follow its privacy policy, as such privacy policy may be changed from time to time at LOGO-TOGO.com's sole discretion. Notwithstanding the foregoing, LOGO-TOGO.com cannot and does not assume any responsibility or liability for any information submitted to the Web Site or for the use or misuse of any information submitted by you or any other person, including, without limitation, any information accessed by a hacker or by any other malicious act.

7. Disclaimers; Limitations of Liability.

(a) Generally; Release from Claims. The Service serves solely as a venue for the creation of work and LOGO-TOGO.com does not screen or censor any information or material posted to the Web Site. Although LOGO-TOGO.com makes commercially reasonable efforts to determine the identity of Clients, LOGO-TOGO.com cannot and does not confirm that any Client or other user is who they claim to be or that any Client or other user has the qualifications he or she claims to have. Because LOGO-TOGO.com does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, if you have a dispute with one or more users, you release LOGO-TOGO.com (and our affiliates, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

(b) Disclaimer of Warranties. THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS." LOGO-TOGO.COM MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE, INCLUDING ANY RESPONSE, JOB, TERM SHEET, USER IDENTITY OR LINKED CONTENT (ASHEREINAFTER DEFINED). LOGO-TOGO.COM DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOGO-TOGO.COM DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii)WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEB SITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEB SITE, AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OROMISSIONS BY LOGO-TOGO.COM OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANYOF THE FOREGOING, THERE IS NO WARRANTY THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THENEEDS OR REQUIREMENTS OF ANY OTHER PERSON.(c) Limitation of Remedy. NEITHER LOGO-TOGO.COM NOR ANY THIRDPARTY SHALL BE LIABLE TO YOU OR ANY OTHER PERSON FORANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSESWHATSOEVER RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, WHETHER ARISING UNDER THESE TERMS OR APPLICABLE LAW,INCLUDING CONTRACT, TORT, STATUTORY, OR ANY OTHERLAW.(d) Exclusion of Consequential Damages. IN NO EVENT SHALL THECOMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANYOTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE,INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT,(INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THESERVICE) EVEN IF LOGO-TOGO.COM OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

8. Indemnification. Upon a request by LOGO-TOGO.com, you agree to defend, indemnify and hold harmless LOGO-TOGO.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities to, claims of any third party due to or arising out of your violation of any of these Terms and Conditions or your use of the Web Site, and any expenses, including, without limitation, reasonable attorneys fees, incurred in connection therewith.

9. Links to Third Party Services. The Web Site may contain links to third party web sites or other services (the "Linked Content"). The Linked Content is not under the control of LOGO-TOGO.com and LOGO-TOGO.com is not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. LOGO-TOGO.com is providing Linked Content to you only as a convenience, and the inclusion of such Linked Content is not an endorsement by LOGO-TOGO.com of such Linked Content. If you decide to access any Linked Content, you do so at your own risk.

10. Termination. LOGO-TOGO.com reserves the right, in its sole discretion, to terminate Client’s access to all or a portion of the Service, at any time, with or without notice. In the event of such termination, LOGO-TOGO.com will work with Client to determine the amount of any refund (if any) to be paid to Client as a result of such termination. Should Client’s use of the Service result from Client’s material breach of the terms and conditions of this Agreement, or any other agreement to which LOGO-TOGO.com and Client are a party, Client shall not be entitled to any refund, unless otherwise mutually agreed upon by the parties.

11. General. These Terms and Conditions set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings (excluding any associated agreements required by LOGO-TOGO.com (e.g., privacy policy) as a condition precedent to Client’s use of the Service), between you and LOGO-TOGO.com regarding the subject matter of these Terms and Conditions. No modification, amendment, or waiver of these Terms and Conditions or Use or any part of them shall be binding unless evidenced in writing and signed by LOGO-TOGO.com. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way. The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto. The section headings and other headings contained in these Terms shall not affect the meaning or interpretation of these Terms and Conditions. These Terms and Conditions shall be governed by the substantive law of the State of Utah, without reference to any choice of law rules that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to these Terms and Conditions shall be submitted to the federal courts having jurisdiction in Salt Lake City, Utah, or state courts having jurisdiction in the area in which such federal courts have jurisdiction, and the parties consent to the personal jurisdiction of such courts in respect of such disputes. You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless LOGO-TOGO.com agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void ab initio. LOGO-TOGO.com may assign or otherwise transfer any of its rights or the performance of any of its duties. The waiver by LOGO-TOGO.com of a breach or a violation of any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of these Terms and Conditions.