Terms of Service

 

 

By accessing or using Logo Maker King, 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 Logo Maker King,. If you cannot accept this Agreement, you may not access or use Logo Maker King,.

In this Agreement, Logo Maker King, the Logo Maker King, Service, all services related to it, including all text, images, photographs, user interface, look and feel, data and other content (including the selection, coordination and arrangement of such content) are referred to as the "App" or "Service."

Logo Maker King, 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 App shall be deemed acceptance of the modified agreement.

1. Services Generally.

(a) Description. The Service is an online offering where individuals or entities (“User" or collectively, "Users") can design and/or create a customized logo and/or business cards using materials and tools provided by Logo Maker King. Users agree that Logo Maker King is responsible for providing this service, and that Logo Maker King is not responsible for providing any other services or tasks not specifically outlined in these Terms.

(b) License. Users must purchase in-app items to use the symbols (and associated materials) in our Service to create the logo. Logo Maker King retains the copyrights and all associated rights to the original symbols, but the non-exclusive license allows Users to use and display that symbol in the customized logo. The symbols (and other materials) used in any preliminary design that are not contained in the final version of the logo remain the property of Logo Maker King. Under this license, Users cannot sell, assign, or transfer rights to the symbol, but any trademark rights developed in the customized logo will be owned by the User.


2. Responsibility for Content

(a) App. Logo Maker King shall not be responsible for any use that is or is not made of the App. Logo Maker King makes no representations, warranties or guarantees regarding the truthfulness, accuracy, or reliability of any information that is communicated to and from the App. Logo Maker King 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. User agrees to be solely responsible for the accuracy of the content of any logo created for User by Logo Maker King.


3. 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"), Logo Maker King 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 Logo Maker King 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 (there is no guarantee the graphic has not been used previously). User shall not, however, own any materials, media or other content generated during the process of creating that logo or by using Logo Maker King. User grants to Logo Maker King the right to use any such material (other than the customized) for internal and archival purposes. Users also grant Logo Maker King, the right to utilize the customized logo in connection with advertising, marketing and promotional materials. Logo Maker King shall retain sole title to and ownership of all logos created or otherwise used in connection with the production of User's logo.

(d) Logo Maker King, Ownership. The contents of this App, 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 Logo Maker King, and are protected by international copyright and trademark laws.

(1) Intellectual Property. Logo Maker King 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 App to the fullest extent provided under international law. Users shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction, or other notice. Users shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of Logo Maker King, without the written consent of Logo Maker King.

(2) Trademarks. User acknowledges that no trade or service marks are being conveyed under this Agreement. User acknowledges that Logo Maker King has no obligation or duty to perform trade or service mark searches to validate the propriety or legality of the customized logo. Accordingly, Logo Maker King encourages Users to perform their own independent searches. User acknowledges that Logo Maker King shall have no responsibility to assist User in seeking provincial or federal intellectual property protection (i.e., trademark registration). Logo Maker King shall not be responsible to assist User to perfect the Users rights.


4. Disclaimers; Limitations of Liability.

(a) Release from Claims. The Service serves as a venue for the creation of logos. Logo Maker King does not screen or censor any information or material posted to the Web. Although Logo Maker King makes reasonable efforts to determine the identity of Users, Logo Maker King does not confirm the specific identity of any User. Accordingly, if a User has a dispute with another User, Users release Logo Maker King 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." Logo Maker King MAKES NO REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED OF ANY KIND RELATING IN ANY WAY TO THE APP, INCLUDING ANY USER IDENTITY OR LINKED CONTENT. LOGO MAKER KING, DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. LOGO MAKER KING, 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 APP, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE APP, AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY LOGO MAKER KING OR ANY THIRD PARTY. FURTHER, LOGO MAKER KING DOES NOT WARRANT THAT THE APP WILL MEET USERS NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

(c) Limitation of Liability. NEITHER LOGO MAKER KING NOR ANY THIRD PARTY SHALL BE LIABLE TO USERS OR ANY OTHER PERSON FOR ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSES RELATING TO THE APP OR ANY OTHER CONTENT, WHETHER ARISING UNDER THESE TERMS OR ANY APPLICABLE LAW.

(d) Exclusion of Consequential Damages. IN NO EVENT SHALL LOGO MAKER KING 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 APP OR ANY OTHER CONTENT, EVEN IF LOGO MAKER KING OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.


5. Indemnification.

Users agree to defend, indemnify and hold harmless Logo Maker King 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.