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By accessing or using cliclogo.com, by signing up as a User of cliclogo.com or by accessing the http://www.cliclogo.com/ web site, you agree to adhere to and be bound by the terms and conditions in this Agreement. Please read this Agreement carefully before accessing or using cliclogo.com. If you can not accept this Agreement, you may not access or use cliclogo.com.
In this Agreement, cliclogo.com and all services related to it, including all text, images, photographs, user interface, data and other content (including the selection, coordination and arrangement of such content) are referred to as the "Web Site" or "Service."
Cliclogo.com reserves the right to change the Terms and Conditions of the Agreement and such modifications shall be effective immediately. Users should visit this page periodically to review the Terms and Conditions because they legally determine the conditions under which they are allowed to use the Service. A User's continued access of this Web Site shall be deemed acceptance of the modified agreement.
COPYRIGHTS & TRADEMARKS
Non-exclusive “original” logos:
Non-Exclusive “original” logos are sold more than once. All original logos and templates are under the copyright protection of cliclogo.com. By purchasing a original logo design file or template, you accept that cliclogo.com may sell the same original logo design file or template again to a different client. You accept and understand that cliclogo.com has the full discretion to decide how many times an original logo design file or template is resold to Users.
Exclusive logos:
Exclusive logos are sold ONLY once. By purchasing an exclusive logo design file all copyright ownership and rights are transferred to you and the exclusive logo design file is removed from the clidlogo.com website logo offering immediately after files are made available on your account.
Popular Brands logos:
Cliclogo.com also offers an online tool to download logos of Popular Brands. All Popular Brands logos are trademarks of their respective owners, and are offered as a convenience for their lawful use only, with proper permission from the copyright or trademark holders. Downloading Popular Brands files from this site does NOT give you authorization or permission to use the copyrighted logos without the specific consent of the copyright or trademark holder. Before you use, reproduce or distribute in any manner any logo found on cliclogo.com Popular Brands service, you must first receive the express permission of the holder of the copyright or trademark of that logo. Failure to obtain such permission is a violation under international law.
1. Services Generally.
(a) Description. The Service is an online offering where individuals or entities (collectively, "Users") can select and personalized a logo using materials and on line tools provided by cliclogo.com.
The Service also offers an online tool to download logos of Popular Brands. All Popular Brands logos are trademarks of their respective owners, and are offered as a convenience for their lawful use only, with proper permission from the copyright or trademark holders.
Despite our efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors, site maintainers are not responsible for that.
(b) License. Users must purchase a license to use the original logos (and associated materials) in our Service to create the personalized logo. Cliclogo.com retains the copyrights and all associated rights to the original logos, but the license allows Users to use and display that logo in the personalized version of the original logo. The logos (and other materials) used in any preliminary design that are not contained in the final version of the logo remain the property of cliclogo.com. Under this license, Users cannot sell, assign, or transfer rights to the logo, but any trademark rights developed in the customized logo will be owned by the User.
The Users may also purchase a license to use the exclusive logos ((and associated materials) in our Service to create the personalized logo. Cliclogo.com transfers the copyrights and all associated rights to the exclusive logos, and the license allows Users to use and display that logo in the personalized logo. Under this license, Users can sell, assign, or transfer rights to the logo, and any trademark rights developed in the customized exclusive logo will be owned by the User.
The Users may also purchase a license to use our Popular Brands logo download service. As mentioned in paragraph (a), all Popular Brands logos are trademarks of their respective owners, and are offered as a convenience to the Users of clidlogo.com for their lawful use only, with proper permission from the copyright or trademark holders.
(c) Payment. Users must pay for the Service via credit card or other payment method authorized at the time of registration. If Users pay by credit card, they will be required to provide a valid credit card number and billing address when registering. The payment policies for Users may change at any time. Such changes will not, however, apply to projects that are in-process before the changes are made by cliclogo.com.
(d) Refunds. Cliclogo.com has the right to cancel orders and provide a refund. Cliclogo.com retains the right to modify or change this policy at any time without notice.
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2. Eligibility and Use.
(a) Eligibility. To register as a User, accept the Agreement by completing the registration procedure. By registering, Users represent and warrant that (1) they meet these eligibility requirements, (2) the information they include as part of the registration process is complete and accurate, and (3) if they are registering on behalf of an entity, that they are authorized to bind that entity to this Agreement.
Cliclogo.com is not required to accept a Users registration.
(b) Permitted Uses. Users may access and use the Service only according to this Agreement and any posted policies and procedures that appear on the Web Site. Any use of the Web Site is at a Users own risk and responsibility. Users may (i) display the Web Site on an internet access device, and (ii) occasionally, and only in circumstances that constitute "fair use" under Canadian and international copyright law, print copies of insubstantial portions of the Web Site. Users agree not to modify the Web Site, or any portion of it, except by the express written consent of cliclogo.com. Users may not frame, or use any framing techniques to enclose any portion of the Web Site without the written consent of cliclogo.com. Users may not use meta tags or any other "hidden text" that utilize the cliclogo.com trademark or company name without the written consent of cliclogo.com.
(c) Prohibited Uses. Users may not broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create derivative works from the Web Site. Users must comply with all applicable laws (including any applicable export control laws) in connection with using the Service. Further limitations may be set forth in any written or on-screen notice from cliclogo.com.
(d) Templates for Printed Products. Users understand that printed materials (ie. Business cards, T-Shirt, Flyers, etc) generated from cliclogo.com via Cliclogo.com on line customization tool, file download, Use Your Logo or Brand Yourself templates may not exactly match what is seen on a computer screen at the time of purchase. This includes colors, image placement and data input by the user. Users understand that colors chosen to generate business cards cannot be exactly duplicated the User's printer or by cliclogo.com printing partners due to inherent limitations in printing technologies, although every reasonable effort shall be made to match colors as closely as possible.
(e) Free Access and Registration. Users can register for free to become a member of cliclogo.com. As a registered member of cliclogo.com the Users have free limited access to cliclogo.com Web Site and logo customization tool to customize a logo they have selected from the library of logos of cliclogo.com, store it on their cliclogo.com account folder and share it with their friends before they buy it. Users understand that this free access to cliclogo.com Logos and customizing tool is for use on the cliclogo.com Web Site only and should not be used on the internet, printing or other communication channels. Cliclogo.com retains the rights to the logo and does not transfer the logo rights to the User until the logo is purchased by the User. Users must use the logo file as it is provided and should not alter the file in any way.
(f) Users agree not to transmit, distribute, post, communicate or store information on, to, or through the Web Site that:
(i) is copyrighted, unless Users are the copyright owner;
(ii) reveals trade secrets, unless Users own them;
(iii) infringes on any intellectual property, privacy, or publicity rights of others;
(iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to others;
(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 electronic data that are intended to damage, interfere with, surreptitiously intercept, or expropriate any Cliclogo.com system, data, or information.
(g) Users further agree not to:
(i) use any incomplete, false, or inaccurate information for purposes of registering as a User;
(ii) delete or revise any information of another User or of cliclogo.com;
(iii) take any action that imposes an unreasonably large load on the Web Site's infrastructure;
(iv) attempt to interfere with the proper working of this Service;
(v) attempt to use any software, tool, or other device (including browsers, spiders, robots, avatars, agents, or the like) to navigate or search this Web Site other than with the search engines available from Cliclogo.com and other commercially 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 underlying the Web Site.
(vii)attempt to delete or modify links or keywords embedded in the Free Logos.
(h) Users are prohibited from attempting to violate the security of the Web Site, including:
(i) Accessing data not intended for Users or logging into a server or account that Users are not authorized to access;
(ii) Attempting to probe, scan, or test the vulnerability of the Web Site or to breach security or authentication measures;
(iii) attempting to interfere with the service of any user, host or network, including submitting a virus to, 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.
(i) Violations of security of the Web Site may result in civil or criminal liability. Cliclogo.com will investigate any violation and may cooperate with law enforcement authorities in prosecuting Users involved in such violations.
(k) Operation of Web Site. Cliclogo.com reserves the right to terminate Users ability to communicate with, or post to, the Web Site at any time. Cliclogo.com will take reasonable efforts not to disclose any information Users send to the Web Site. Cliclogo.com may disclose any information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request. Cliclogo.com may edit, refuse to post, or to remove any information or materials from the Web Site.
(l) Accessibility. Cliclogo.com shall not be responsible for any delays or interruptions of, errors, or omissions contained in the Web Site. Although cliclogo.com will use reasonable efforts to make the Web Site and Service accessible, cliclogo.com makes no representation, warranty or covenant that the Web Site will be available at any specific time since various circumstances may prevent or delay availability. Cliclogo.com may discontinue or modify the Web Site, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. Cliclogo.com shall not be responsible for any loss, cost, damage or liability that may result in such events.
(m) Termination of Access. Cliclogo.com reserves the right to reject, cancel, or terminate Users access to the cliclogo.com website of Free Logo at any time without notice. Users agree that cliclogo.com shall not be liable to Users or any third party for any rejection, cancellation, or termination of such access.
3. Responsibility for Content
(a) Web Site. Cliclogo.com shall not be responsible for any use that is or is not made of the Web Site. Cliclogo.com makes no representations, warranties or guarantees regarding the truthfulness, accuracy, or reliability of any information that is communicated to and from the Web Site. Cliclogo.com does not endorse any opinions expressed by any User. Each User agrees and acknowledges that he creates a logo at his own risk and that he is responsible for taking any actions necessary to determine whether its use will infringe any third party intellectual property, privacy, or publicity right.
(b) Downloads. Cliclogo.com does not guarantee that data made available on the Web Site will be free of infection or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. It is Users responsibility for implementing sufficient safeguards and procedures to ensure that any such data is free from such problems.
4. Rights to Use.
(a) User Information. For any information or media provided by User in connection with use of the Service (collectively, the "User Information"), cliclogo.com has all rights necessary to use the User Information to provide the Service.
(b) License. Upon submission of User Information to the Service, User grants cliclogo.com a royalty-free, perpetual, irrevocable, sub-licenseable, exclusive, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, moral right, perform, display, and/or incorporate in other works, in any form, media, or technology now known or later developed for the full term of any intellectual property rights that may exist in such User Information to the extent necessary to provide the Service.
(c) User Ownership. Subject to Users compliance with this Agreement, User shall own the customized logo created by the Service. User shall not, however, own any materials, media or other content generated during the process of creating that logo or by using the Free Logo. User grants to cliclogo.com the right to use any such material (other than the customized) for internal and archival purposes. Users also grant cliclogo.com the right to utilize the customized logo in connection with advertising, marketing and promotional materials.
(d) Cliclogo.com Ownership. The contents of this Web Site, including the user interface, text, graphics, logos, icons, free web-ready logos, movies, images, audio files, data compilations, the selection and format thereof, as well as the underlying software and databases are the property of Cliclogo.com and are protected by Canadian and international copyright and trademark laws.
(e) Intellectual Property. Cliclogo.com owns all right, title and interest in and to all copyright, trademarks, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Web Site to the fullest extent provided under Canadian and international law. Users shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction, or other notice on the Web Site. Users shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of cliclogo.com without the written consent of Cliclogo.com.
(f) Trademarks. User acknowledges that no trade or service marks are being conveyed under this Agreement. User acknowledges that cliclogo.com has no obligation or duty to perform trade or service mark searches to validate the propriety or legality of the customized logo. Accordingly, cliclogo.com encourages Users to perform their own independent searches. User acknowledges that cliclogo.com shall have no responsibility to assist User in seeking state or federal intellectual property protection (i.e., trademark registration). Cliclogo.com shall not be responsible to assist User to perfect the Users rights.
(g) Third Party Rights. If Users believe any content appearing on the Web Site infringes another party's rights, please to notify us of this infringement.
5. Registration, Password, User Identity.
(a) User Identity. When registering, Users will create an identity ("User Identity"). The User Identity will include certain information, including the industry in which Users operate. The information provided may not be treated as confidential.
(b) Passwords and Access. Users shall keep confidential the User Identity, registration identification, and password(s). Users shall immediately notify cliclogo.com if Users learn of or suspect: (i) any loss or theft of a User Identity, registration identification or password, or (ii) any unauthorized use of Users registration identification or password or of the Web Site. In such an event, cliclogo.com may impose additional security obligations on Users.
(c) Security Breaches. If any unauthorized person obtains access to the Web Site as a result of any act or omission by a User, that User shall use his best efforts to ascertain the source and manner of acquisition and shall promptly notify cliclogo.com. Users shall cooperate and assist in any investigation relating to any such unauthorized access.
(d) Inactivity. Cliclogo.com will maintain and grant Users access to in-progress information until three months after the logo hosting agreement is finished. If Users have not accessed the Web Site after that time, cliclogo.com may delete that information.
6. Privacy. Cliclogo.com will use reasonable efforts to follow its privacy policy. Such privacy policy may be changed from time to time at cliclogo.com sole discretion. Cliclogo.com does not assume any responsibility or liability for any information submitted to the Web Site or for the misuse of any User Information submitted by Users or any other person, including any information accessed by a hacker or by any other malicious act.
7. Disclaimers; Limitations of Liability.
(a) Release from Claims. The Service serves as a venue for the creation of logos. Cliclogo.com does not screen or censor any information or material posted to the Web Site. Although cliclogo.com makes reasonable efforts to determine the identity of Users, cliclogo.com does not confirm the specific identity of any User. Accordingly, if a User has a dispute with another User, Users release cliclogo.com from claims, demands, and damages of every kind and nature arising out of or in any way connected with such disputes.
(b) Disclaimer of Warranties. THE SERVICE IS PROVIDED "AS IS." Cliclogo.com MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY USER IDENTITY OR LINKED CONTENT. Cliclogo.com DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. Cliclogo.com SPECIFICALLY 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 OR OMISSIONS BY Cliclogo.com OR ANY THIRD PARTY. FURTHER, Cliclogo.com DOES NOT WARRANT THAT THE WEBSITE WILL MEET USERS NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
(c) Limitation of Remedy. NEITHER Cliclogo.com NOR ANY THIRD PARTY SHALL BE LIABLE TO USERS OR ANY OTHER PERSON FOR ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSES RELATING TO THE WEB SITE OR ANY OTHER CONTENT, WHETHER ARISING UNDER THESE TERMS OR ANY APPLICABLE LAW.
(d) Exclusion of Consequential Damages. IN NO EVENT SHALL Cliclogo.com OR ANY THIRD PARTY BE LIABLE TO USERS OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES (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 THE SERVICE) ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE OR ANY OTHER CONTENT, EVEN IF Cliclogo.com OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
8. Indemnification.
Users agree to defend, indemnify and hold harmless Cliclogo.com and its subsidiaries, affiliates, officers, agents, partners and employees from all liabilities or claims of any third party arising out of Users violation of this Agreement.
9. Linked Content.
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 Cliclogo.com and Cliclogo.com therefore is not responsible for the Linked Content. Cliclogo.com provides Linked Content to Users only as a convenience and the inclusion of such Linked Content is not an endorsement by Cliclogo.com. If Users decide to access any Linked Content, Users do so at their own risk.
10. Termination.
Cliclogo.com reserves the right to terminate Users access to all or a portion of the Service without notice. In the event of such termination, Cliclogo.com will determine the amount of any refund (if any) to be paid to User as a result of such termination. Should Users use of the Service result from a material breach of this Agreement, or any other agreement between Cliclogo.com and User, User shall not be entitled to any refund.
11. Email communications.
Cliclogo.com will generally use email to communicate with User. By using the Service, Users agree to receive status notifications, a monthly newsletter, and carefully selected special offers and promotions, and third-party services Cliclogo.com believes could be of value to User. Users are free to unsubscribe from such communications at anytime. Users' personal identifying information will never be disclosed or shared with another party without Users explicit permission.
12. General.
This Agreement sets forth the entire agreement and understanding of the parties with respect to the subject matter and supersedes any and all prior oral or written agreements and understandings, including any and all contemporaneous oral agreements and understandings (excluding any associated agreements required by Cliclogo.com [e.g., privacy policy] as a condition precedent to Users use of the Service), between Users and Cliclogo.com regarding this Agreement. No modification, amendment, or waiver of this Agreement shall be binding unless evidenced in writing and signed by Cliclogo.com. If any provision of this Agreement 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 this Agreement 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 this Agreement were selected for convenience and shall not affect the meaning or interpretation of this Agreement. This Agreement shall be governed by the substantive law of the Province of Quebec, Canada, 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 this Agreement shall be submitted to arbitration and then to the federal courts having jurisdiction in Longueuil, the Province of Quebec, or provincial 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. Users may not assign or otherwise transfer (by operation of law or otherwise) any of Users rights or duties hereunder unless Cliclogo.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. Cliclogo.com may assign or otherwise transfer any of its rights or the performance of any of its duties. The waiver by Cliclogo.com of a breach or a violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of this Agreement. Any rights not expressly granted herein are reserved by Cliclogo.com.
Copyright 2007 cliclogo.com
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