Terms of Use

Update: August 5, 2018

 

The following terms of use (“Terms”) govern your access and use of the www.logoisus.com website (the “Site”) and all of the information and materials contained or displayed in the Site. These Terms are a legally binding agreement between you, either an individual or a representative of a corporation that is permitted to obligate the corporation (“You“) and the owner of the Site (“LOGOISUS” or “us” or “we”).

 

Access or use of the Site, Process of Ordering

In order to make orders via the Site, you must be above the age of 18 and legally competent to enter into a binding agreement.

 

By accessing the Site or by ordering services via the Site You consent and agree to comply with these Terms, as amended from time to time. We reserve the right to amend these Terms at our sole discretion with immediate effect upon posting the amended Terms in the Site. We encourage you to review these Terms carefully and to periodically refer to them so that you understand them and any subsequent changes if any.

 

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE OR ANY SERVICE UNDER THE SITE.

 

Users of the Site are not warranted that their use shall be uninterrupted or free of any errors. We reserve the right to temporarily or permanently, entirely or partially, discontinue, suspend, remove and/or change the Site and any of its contents at any time and in our sole discretion without prior notice. We do not commit to keep the Site up to date or to make the Site or all products or services available at all times, in all territories and/or to all users. We may restrict or limit without notice your access to the Site or parts thereof at our sole discretion and without liability. Please note that these Terms are limiting our liability and that we do not provide warranties for the Site or its contents, except as specified herein.

 

The purpose of the Site is to be used by you as a platform for purchase of logo designs that are presented to You via the Site, subject to specific editing options that will be presented to You via the Site. You will not be able to order works for design of logo via the Site, in other form not included in the Site. It is hereby clarified that the names of the Logos are only placeholders and are not intended to be sold.

 

You will be able to open an account by providing your email and choosing a password or by signing up with Facebook account or Google account, as a condition for the purchase of the logos offered for sale via the Site. When You Checkout, You will be required to provide your billing details; your full name, your corporation name, your email address and your billing address. All of your Purchase Orders shall be submitted and managed via your Account. By opening an Account, You undertake that You are authorized by your corporation to engage in Purchase Orders on behalf of your corporation and that You have the ability to bind your corporation for the entire amounts committed under the Purchase Orders submitted by You.

 

As part of the process of opening an Account, You shall choose your own username and password. The username and password and any information related to your Account are for your individual use only. You are responsible for maintaining the confidentiality of your username and password, and You are fully responsible for all activities that occur under the Account with or without your knowledge. We will not be liable for any loss or damage arising from your failure to comply with this section.

 

We reserve the right to terminate your access to the Account and/or the Site temporarily or permanently, with or without notice to You, and we are not obligated to support or update the Site, its contents, or any of the products and/or services offered in the Site. You acknowledge and agree that we will not be liable to You or to any third party in the event that we exercise our right to modify or terminate access to the Account and/or the Site.

 

You may terminate your Account by sending an email to the Company or indicating your desire to do so via the “contact us” option indicating your request to do so and your Account will be deleted within 14 days from receipt of such notice.

 

As soon as You have an active Account, You will be able to purchase any logo from the ones offered via the Site, in the price that is indicated next to it that is available for purchase and was not purchased by others. Please note that adding a logo to the cart or to favorites, does not reserve it in any way.

 

ANY LOGO THAT IS INCLUDED IN THE SITE, AND IS OFFERED FOR SALE, WAS DEVELOPED BY US AND/OR DESIGNERS WORKING IN FAVOR OF US AND ALL OF THE INTELLECTUAL PROPERTY RIGHTS RELATED TO SUCH LOGO WERE FULLY ASSIGNED TO US, AND WILL NOT BE RESOLD OR USED BY US AFTER YOU HAVE PURCHASED IT.

 

WE  MAKE GREAT EFFORTS TO EXAMINE EACH LOGO PROVIDED TO US BY OUR DESIGNERS INTENDED TO BE SOLD. HOWEVER, WE DO NOT EMPLOY THE DESIGNERS AND WILL NOT BE HELD RESPONSIBLE FOR LOGO COPYRIGHTS INFRINGEMENT BY A DESIGNER OR FOR ANY DAMAGES WHICH MIGHT OCCUR AS A RESULT THERETO.

 

Payment will be made by PayPal. Upon completion of purchase we will send you an invoice and payment approval.

 

You undertake that You are the legal owner of a valid account in the PayPal Account that You have used for the purchase and that You have provided full and accurate details during the process of purchase. All payments through these third parties are subject to the third party’s terms of service, and we will not be responsible for anything contained therein.

 

Upon any order via the Site, You will be required to approve these Terms and our Privacy Policy.

 

As soon as You choose a specific logo, You will be required to choose if you wish to customize it or not, and at the end You will need to press the Add to Cart” button. As soon as You wish to complete the purchase, You will need to press the “Proceed to Checkout” button and fill in Your personal information, and by pressing the “Proceed to PayPal” button You will be able to complete the purchase Note that part of the changes in customization that you wish to make (if any) may have additional cost that will be added to the price of the Logo.

 

Upon completion of the purchase, your Purchase Order will be placed to the Site system and will be transferred to us. You will receive an order number and order details and as of such moment You will be able to see your Purchase Order details in your Account, and the logo will appear as “Out of Stock” and will not be available for purchase by any third party. As soon as you complete the payment and receive the Logo file, the logo You purchased will not appear in the Site and will not be for sale.

 

 

The logo file will be sent to You within 24 hours from the payment. Once the Logo files are sent to You, You will not be able to cancel your Purchase Order. 

 

In case of delay in delivery schedule of a Purchase Order, either due to overload and/or maintenance, we shall provide written notice to You of such delay and shall indicate the new delivery date. 

 

You shall receive your deliverables to your user account that will appear in the “Downloads” section. In case you have chosen to make any customization, You shall first receive a draft via email and after you approve it, it will be placed in your “Downloads” section.

 

VAT shall be added to Israeli customers.

 

 

Right to access and use

Subject to your acceptance of and compliance with these Terms, we grant You a revocable, non-exclusive, non-assignable right to access and use of the Site and its contents for the purpose of purchasing logos in accordance with these Terms and subject to the applicable law. Any other use is prohibited. The use of any software or automated system to extract data from the Site is strictly prohibited. You will not disrupt the functioning of the Site or otherwise act in a way that interferes with other users that are using the Site. Without limitation, You are not granted the right to, and You shall not manipulate or in any other way change the Site and/or its contents. You are forbidden from using the Site and/or any of its contents for any other purpose not specifically indicated in these Terms without our prior written consent. Any misuse of the Site and/or its contents contradictory to these Terms is a violation of these Terms as well as intellectual property laws, and is strictly prohibited and may lead to termination of your right to access or use the Site and to legal action against you by us.

 

Permitted Use

You shall not: (i) use the Site for any purpose other than for the purposes for which it is intended; (ii) sell or make commercial use in any materials contained in the Site or published; (iii) use the Site for any illegal purpose or in violation of any law, contractual restrictions or other third party rights; (iv) intentionally interfere with or damage operation of the Site or any user’s enjoyment of the Site; (v) Upload, post, email, transmit or otherwise make available any content that (a) is defamatory, abusive, offensive, racist, obscene, pornographic, discriminatory unlawful, harmful, hateful, threatening, harassing, libelous, invasive of another’s privacy, harmful to a minor or otherwise objectionable, untrue or misleading; (b) You do not own or have the right to disclose or make available under any law or under contractual or fiduciary relationships or that infringes upon confidentiality obligations, or proprietary rights of third parties; (c) is considered unauthorized advertising, such as “junk mail”, “spam”, “chain letters”, “pyramid schemes”, and any other form of solicitation; (d) contains software viruses, adware, spyware, worms, or other malicious code;

 

You affirm, represent and warrant that You are the sole and exclusive owner and have property rights to all content that You will share with us via the Site. You hereby grant us a non-exclusive license with the right to sublicense and assignment to third parties, to use such content as well as all modified and derivative works thereof in connection with the provision of the services of the Site. You are solely responsible for the validity of the information, which You have chosen to share with us.

 

You agree that You may not use, copy, modify, adapt, distribute, transmit, translate, display or otherwise exploit the Site and/or its contents and You shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via the Site without our prior written consent. You also agree to not remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Site. We reserve all rights not expressly granted under these Terms. Unless explicitly stated otherwise, any new features that augment or enhance the Site will be subject to these Terms.

 

 

Third Party Sites and offers

The Site may include third party offers, button and gadgets or links to such items. When You pay via PayPal Account You will also be subject to such third parties terms of service which are not under our control, and are not monitored or reviewed by us. Inclusion of a link to third party website or service is not a recommendation of a third party website, products or services. Third party sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. Before using such third party sites and/or before making a purchase via such sites, You should read and understand their terms and conditions and ensure You agree to them. You acknowledge that we are not responsible for the products, services, or descriptions of those products or services that You receive from third party sites or to the content or privacy practices of those sites, and these Terms do not apply to such third party products and services.

 

Intellectual property rights

All Intellectual Property Rights in and to the Site including without limitations any future update upgrade or improvement thereto, and including information and material contained or provided by the Site, are owned by us or our licensors and are protected by intellectual property laws and international treaty provisions. You acknowledge that we own or are licensed to use all rights, title and interests in and to the Site and contents including without limitation all intellectual property rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights as may be updated and expanded from time to time. You acknowledge that under no circumstances will You acquire any right, title or interest to any part of the Site or its contents.

 

ALL OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY LOGO THAT YOU WILL PURCHASE WILL BE TRANSFERRED TO YOU UPON THE COMPLETION OF THE PURCHASE.

 

Privacy policy

Use of the Site is also governed by our Privacy Policy, the provisions of which are adopted herein by reference, so when we refer to these Terms we also refer to the Privacy Policy.

 

DISCLAIMER OF WARRANTIES

ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), FUNCTIONS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR INFORMATION AND PERSONAL USE ONLY WITH NO WARRANTIES WHATSOEVER. LOGOISUS, ITS AFFILIATES, PARTNERS, LICENSORS, SUPPLIERS AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS AND SHAREHOLDERS (JOINTLY: THE ”LOGOISUS PARTIES”) DO NOT ASSUME ANY LIABILITY WHATSOEVER AND DISCLAIM ANY RESPONSIBILITY FOR ANY CONSEQUENCES RESULTING FROM YOUR ACCESS OR USE OF THE SITE AND ITS SERVICES AND CONTENTS. YOU UNDERSTAND AND AGREE THAT YOUR ACCESS AND USE OF THE SITE AND ITS SERVICES AND CONTENTS ARE ENTIRELY AT YOUR OWN DISCRETION AND AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES RESULTING FROM YOUR ACCESS OR USE OF THE SITE AND ITS SERVICES AND CONTENTS. LOGOISUS PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESSED, IMPLIED, OR STATUTORY WARRANTIES WITH RESPECT TO THE SITE AND ANY INCLUDED SERVICES AND CONTENTS, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO ACCURACY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LOGOISUS PARTIES, JOINTLY AND SEVERALLY, ALSO DISCLAIM ANY WARRANTIES AND LIABILITY REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, ITS SERVICES AND ITS CONTENTS. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR DISCLAIMER OF CERTAIN TERMS OR WARRANTIES, SO THE ABOVE EXCLUSIONS IN WHOLE OR IN PART MAY NOT APPLY TO YOU IN YOUR COUNTRY OR JURISDICTION IN WHICH CASE ONLY THE LIMITATION WHICH ARE LAWFUL IN YOUR COUNTRY OR JURISDICTION WILL APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.

 

Limited liability

SUBJECT TO THE APPLICABLE LAW, IN NO EVENT SHALL LOGOISUS PARTIES BE LIABLE FOR ANY DAMAGE WHATSOEVER INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF INCOME OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL OR REPUTATION, AND THE LIKE) WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND EVEN IF  LOGOISUS PARTIES, JOINTLY OR SEPARATELY, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WHETHER THE DAMAGES ARISE FROM USE, MISUSE, INABILITY TO USE AND RELIANCE ON THE SITE AND CONTENTS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE ACCESS OR USE OF THE SITE AND CONTENTS FOR ANY REASON. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, NOTHING IN THESE PROVISIONS SHALL RESTRICT OR EXCLUDE ANY LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE) OF THE LOGOISUS PARTIES IN RESPECT OF PERSONAL INJURY OR DEATH ARISING FROM THE NEGLIGENCE OF LOGOISUS. THE AGGREGATE LIABILITY OF THE LOGOISUS PARTIES SHALL UNDER NO CIRCUMSTANCES WHATSOEVER EXCEED ONE HUNDRED DOLLARS ($100). SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR DISCLAIMER OR LIMITATION OF LIABILITY OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN YOUR COUNTRY OR JURISDICTION. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.

 

Governing law and disputes

Any cause of action shall be commenced within up to one (1) year after the claim arises, or be forever waived. These Terms and any claim or dispute arising out of it shall be governed in all respects by the laws of Israel, without regard to conflict of law provisions and regardless of your country of origin or where You access or use the Site and any services or contents. You and LOGOISUS agree that all claims arising out of or in relation to these Terms, the Site and any related services or components and the relationship between the parties shall be brought exclusively to the competent courts of Tel Aviv Israel.

 

MISCELLANEOUS PROVISIONS

ENTIRE AGREEMENT. These Terms and any supplemental or incorporated documents or policies constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms will be effective only if in writing and signed by us. NO WAIVER. Failure or delay of LOGOISUS to exercise any right, power or remedy under or to require or enforce strict performance by you of any provision of these Terms, the Privacy Policy and any supplemental or incorporated documents or policies shall not be construed as a waiver or relinquishment of any such right, power or remedy. LANGUAGE. Where we provide you with a translation of the English language version of these Terms, Privacy Policy or any other document, you agree that the translation is provided for your convenience only, does not come to modify the English version and that the English language versions govern. SEVERABILITY. If the event any provision of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable these entire Terms or section, but rather these entire Terms or section shall be construed as if not containing the particular invalid or unenforceable provision and the rights and obligations of the parties shall be construed and enforced accordingly.