Terms and Conditions


LogoDesign is owned and operated by JeffWarber.com. JeffWarber.com (hereafter described as "LogoDesign", “the designer”, "Us", "Our", and/or "We") provides the following terms and conditions for users ("You", "Your") of this site (LogoDesign).

By becoming a client of LogoDesign or using the JeffWarber.com site, you agree to be legally bound by these conditions. Please read these terms carefully. LogoDesign or JeffWarber.com may change these terms at anytime by updating this posting. Please visit this page periodically to review these conditions, as they are binding to you.

You acknowledge and agree that LogoDesign and JeffWarber.com shall have the right (but not the obligation) in its sole discretion, to pre-screen, refuse or remove any project and/or user provided content that violates these Terms and Conditions or is otherwise deemed objectionable, including, without limitation, projects or content that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others.

 

Non-Disclosure & Confidentiality Agreement

“Creative or Creatives” is understood as any designer working under LogoDesign/JeffWarber.com

“Buyer or Buyers” is understood to be the initiator and their people of interest who have officially started a project.

“Party or Parties” is understood to be the Creatives and/or Buyers

“Works or Work” refers to all and any format requested by and agreed upon the Buyer and Creative.

“The Process” is understood to be the agreement to the terms and condition and the initiation of the Work.

This Non-Disclosure and Confidentiality Agreement is made and entered into by and between the Buyer and Creatives upon initiation of the process.

WHEREAS, the Parties will be provided certain written, electronic, printed and/or oral information regarding the other, including but not limited to: marketing, research, trade secrets and technical information, inventions, designs, product requirements, pricing structure, costs, which information is proprietary and confidential to the Buyer and not generally ascertainable to the public ("Confidential Information").

WHEREAS, both parties acknowledge that the information has been or will be developed by Buyer at significant effort and expense and is sufficiently secret to derive economic value from not being generally known to other persons. Party also acknowledges that each component of the information constitutes a valuable and protectable trade secret of Buyer;

Use in Portfolio. Buyer agrees that Party will retain the right to use the design(s) submitted to this project in Party's design portfolio and for no other purpose.

NOW, THEREFORE, Creative will occupy a position of trust and confidence with the Buyer, and in consideration of the recitals and other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, Buyer and Creative agree as follows:

1. Confidential Information. Party agrees that it shall not (except as required to carry out its duties and responsibilities) at any time, directly or indirectly, disclose to any person or entity, use for its own benefit or for the benefit of any third party, any Confidential Information or material provided to it by the Buyer or third-parties engaged by Buyer, whether written or oral. The term "Confidential Information" shall not include information which, by clear and convincing written evidence: (i) was part of the public record at the time of execution of this Agreement; (ii) hereafter becomes part of the public record by publication or otherwise through no action of Party; (iii) was already known to Party, as evidenced by written records; (iv) was received by Party through a source which is not under an obligation of confidentiality to Buyer; or (v) was independently developed without the use of Buyer's Confidential Information.

2. Additional Covenants. Party agrees that, following the receipt of Confidential Information , it shall: (i) undertake all reasonable and appropriate steps to ensure that the secrecy and confidentiality of Confidential Information is maintained; and (ii) if requested pursuant to, or required by, applicable law or regulation or by legal process to disclose any Confidential Information, provide Buyer with prompt notice of such request(s) to enable Buyer to seek an appropriate protective order.

3. Use in Portfolio Allowed. Buyer agrees that Creative will retain the right to use the Work(s) submitted to this Work in Party's portfolio.

4. No Liability. Party agrees that no covenants, warranties or representations are made by Buyer or any of Buyer's representatives with respect to the accuracy or completeness of any Confidential Information, and none of them shall have any liability to Party arising out of the use of Confidential Information.

5. Waiver. The waiver by Buyer of any breach of any provision of this Agreement shall not be construed as a waiver of any subsequent breach, whether of the same or of a different character.

6. Entire Agreement. This agreement, solely with respect to confidentiality of information, sets forth the entire agreement and understanding of the parties and merges all prior discussions between them as to Confidential Information. The Recitals set forth above are hereby incorporated into and made a part of this Agreement by this reference.

7. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the internal laws of US, without regard to choice or conflict of law rules.

8. Severability. In the event that any provision of this Agreement is determined to be invalid or unenforceable for any reason, such provision shall be deemed modified to the extent required to render it valid, enforceable and binding, and such determination shall not affect the validity or enforceability of any other provision of this Agreement.

9. Successors. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, administrators, executors, successors and assigns.

IN WITNESS WHEREOF, Buyer and Party have executed this Agreement as of the initiation of the process.

 

Independent Contractor Agreement

“Creative or Creatives” is understood as any designer working under LogoDesign/JeffWarber.com

“Buyer or Buyers” is understood to be the initiator and their people of interest who have officially started a project.

“Party or Parties” is understood to be the Creatives and Buyers

“Works or Work” refers to all and any format requested by and agreed upon the “Buyer” and “Creative”.


This Agreement is made the date of starting the process payment receipt from the "Buyer" and the "Creative". The parties hereby agree as follows:

1. Work. Creative agrees to provide to Buyer deliverables in the following file formats: (the "Work").

2. Representations. Creative represents that, except for materials given to Creative by Buyer, Creative is the sole author of the Work and all of Creative's services are original and not copied in whole or in part from any other work; that the Work does not knowingly violate the patent, copyright, trade secret or other property right of any person, firm or entity. Creative also represents and warrants that in Agreeing and in providing Services to Buyer that Creative is not and will not be in violation of any other contract, agreement or understanding to which Creative is a party.

3. Payment. Buyer will pay all agreed upon fees for all rights pertaining to the Work . Creative(s) will not receive any further payment from Buyer once final product is delivered.

4. Work-For-Hire. Creative expressly acknowledges that the materials contributed by Creative under this Agreement and Creative's services, are being specially ordered and commissioned by Buyer for use in connection with their Works. Creative's Work shall be considered a "work-made-for-hire" as defined by the copyright laws of the United States. Buyer shall be the sole and exclusive owner and copyright proprietor of all rights and title in and to the results and proceeds of Creative's services in whatever stage of completion and after full payment Creative irrevocably transfers all right and title under such works-made-for-hire to Buyer. If for any reason the results and proceeds of Creative's services hereunder are determined at any time not to be a "work made for hire", Creative assigns to Buyer all rights to such Work, including but not limited to all other copyrights. Creative agrees to execute all documents reasonably requested by Buyer to further evidence the foregoing assignment and to provide all reasonable assistance to Buyer in perfecting or protecting Buyer's rights in such Work.

5. Changes/Moral Rights. Creative agrees that Buyer may make any changes or additions to the Work prepared by Creative once it is purchased, which Buyer in his sole discretion may consider necessary, and may engage others to do any or all of the foregoing, with or without attribution to Creative. Creative further agrees to waive any so-called moral rights in the Work.

6. Impossible to Please. If at any time after extensive effort by Creative to please Buyer, the Creative deems said Buyer to be "impossible to please", the Creative/LogoDesign may terminate Work without cause of retaliation under agreements set in "Terms and Conditions". Extensive effort is seen as redone Works that may exceed 10 times, but is not limited to such number.

7. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with regard to the matters set forth herein, and it supersedes all other agreements, proposals, and representations, oral or written, express or implied, with regard thereto.

 

Other Terms and Conditions

ELIGIBILITY

Only parties that can lawfully enter into and form legal contracts may use the Site and our services. If you use our services, you expressly represent to us that you are at least over the age of eighteen (18) and may lawfully enter into and form binding contracts, conditions, obligations, affirmations, representations and warranties. Before you may become a client or user of this Site, you must read and accept all of the terms and conditions in this Agreement. We reserve the right in our sole and absolute discretion to refuse, suspend, or terminate service to anyone.


FINANCIAL INFORMATION

LogoDesign uses PayPal (for all methods of payment including credit card) as our payment processor. We do not actually collect personal financial information (bank account or credit card information). Please go to the PayPal.com site to read their terms and conditions and privacy policy. LogoDesign is not responsible in any way for misuse of your account or for payment being sent to the wrong person due to illegal access to your account by individuals using your account information.

Taxes and Reporting. Each member is solely responsible for satisfying all income tax, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of services provided by LogoDesign.


PERSONAL INFORMATION

No Personal information is shared in any way, period. We do not normally ask for any personal information, but if by chance any personal information is released to us we will never share it with anyone. Neither LogoDesign nor JeffWarber.com IS RESPONSIBLE FOR THE LOSS OR THEFT OF ANY PERSONAL INFORMATION DUE TO THE LogoDesign WEBSITE, SCRIPT OR DATABASE BEING HACKED, DAMAGED, OR ILLEGALLY ACCESSED.


OWNERSHIP OF SUBMITTED ENTRIES

Any submitted entries/designs remains the full property of LogoDesign unless an entry/design has been selected for purchase and a payment has been made in full, with that exception at no time may anyone except the submitting designer use, save, modify or display the artwork without the express permission of the designer. All designs and images are copyrighted by LogoDesign and are solely owned by theresaid until it is released to a fully paid purchaser.


CLIENT AND LOGODESIGN RESPONSIBILITY REGARDING ENTRIES

You agree that you will have no ownership whatsoever of any submitted creative material, until you have selected a submitted entry/design for purchase and have paid for it in full. At that time, the designer agrees to transfer all rights/copyrights to you as an, irrevocably exclusive worldwide right to use "completed creative material" in any way whatsoever. The designers retains the rights to display the selected entry in their portfolio and use it for advertising as an example of the work they do. All entries NOT selected remain the full property of the submitting designer.

You cannot and must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content found on LogoDesign or JeffWarber.com in any way for any public or commercial purpose without the prior written consent or the consent of the rights holder. Unless you are otherwise lawfully entitled to do so, you cannot and must not use any content found on this Site on any other site, in its networked computer environment, or in any medium, for any purpose except your own internal viewing. YOU AGREE THAT YOU WILL NOT ATTEMPT TO REVERSE ENGINEER OR ATTEMPT TO INTERFERE WITH THE OPERATION OR ANY VISUAL PROPERTY OF ANY PART OF THE SITE UNLESS EXPRESSLY PERMITTED BY LAW OR BY WRITTEN CONSENT OF LOGODESIGN.

This Site or any portion thereof may not be reproduced, duplicated, copied, or otherwise exploited for any commercial purpose that is not expressly permitted by us, in writing.


REFUNDS:

Fees paid to LogoDesign or JeffWarber.com are Non-Refundable, this includes the fee to start a project.

Once a design has been selected and paid for there will be no refunds given for any reason unless deemed suitable by LogoDesign.


CHARGEBACKS AND PAYPAL DISPUTES

You agree not to file a chargeback or open a PayPal Dispute for any reason. Any PayPal Disputes or chargeback issues are turned over to an external collection agency and may be pursued to the full extent of the law.

WARRANTY

LogoDesign MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.

Disclaimer

YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. THIS SITE AND THE SERVICES PROVIDED BY US ARE PROVIDED ”AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE SITE BY ANY THIRD PARTY. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SERVICES OR THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS. OPERATION OF THE SITE MAY BE AFFECTED BY FACTORS OUTSIDE OF OUR CONTROL. TO THE FULLEST EXTENT LEGALLY PERMITTED, LOGODESIGN, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM AND EXCLUDE ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU RECEIVE FROM US OR THROUGH THE USE OF OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Indemnity

You agree to defend, hold harmless and indemnify LogoDesign and JeffWarber.com, its officers, directors, employees and agents, from and against any and all losses, costs, expenses, damages or other liabilities (including reasonable attorneys’ fees) incurred by us from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against us: (a) in connection with your use of the Services, including any payment obligations incurred through use of the Services; or (b) resulting from: (i) your use of this Site (ii) your decision to supply credit information via the Site, including personal financial information; (iii) your decision to submit postings and accept offers from other members; (iv) any breach of contract or other claims made by members with which you conducted business through this Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any member; (viii) any act or omission of yours with respect to the payment of fees; (ix) your dispute of or failure to pay any invoice or any other payment; and/or (x) your obligations to another member. This defense and indemnification will survive this Agreement and your use of this Site.

Notices

Unless you otherwise tell us in writing, we will communicate with you by email (using the email you provided to us during the registration process, as amended by you) or by posting communications on this Site. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication 24 hours after we send it to the email address you have provided to us (unless the sender is notified that the email address is invalid), or when we post such communication on this Site. You must keep your email address updated, and you must regularly check this Site for postings.

Impossible to Please

If at any time after extensive effort by Creative to please Buyer, the Creative deems said Buyer to be "impossible to please", the Creative/LogoDesign may terminate Work without cause of retaliation under agreements set in "Terms and Conditions". Extensive effort is seen as redone Works that may exceed 10 times, but is not limited to such number.

Resolution of Disputes

If a dispute arises between you and us, our goal is to resolve such dispute quickly and cost effectively. Accordingly, you and we agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the Services (a “Claim”) in accordance with this section, entitled “Resolution of Disputes.” Before resorting to these alternatives, you agree to first contact us directly to seek a resolution.

Termination

This Agreement shall become effective upon your acceptance or your use of this Site, and shall continue until terminated by us or you as provided for under the terms of this Section. Unless otherwise agreed to in writing between the parties, either party may terminate the Agreement at any time upon notice to the other party. In such event, (i) we shall continue to perform those Services necessary to complete any open process/transaction between you and another member; and (ii) you shall continue to be obligated to pay us for any Services for which you have engaged from us in order to complete any such transactions.

When your process is terminated, you may no longer have access to data, messages, files and other material kept on this Site. The material may be deleted along with all your previous posts.

Copyright Policy

We reserve the right to change each of the Site Policies. Changes take effect when we post them to the Site. When using services on this Site, you are subject to all posted policies and rules applicable to the services you use. All such policies are expressly incorporated into this Agreement.

 

Use of Other Logos as Criticism or Education

A few logos of other companies have been displayed for criticism and educational purposes only. This use falls under Section 107 of the Copyright Act sets forth the fair use exception. http://www.copyright.gov/fls/fl102.html. There is no prophet gained from their display. The fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

 

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