TERMS OF USE

Welcome to LogoSystemsDesign Logo Design Services for a new economy!

By using LogoSystemsDesign, you agree to be legally bound by these Terms and Conditions of Use (the "Terms and Conditions"), including those terms and conditions incorporated by reference. Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions, you may not use the LogoSystemsDesign service. LogoSystemsDesign may revise these Terms and Conditions at any time by updating this posting. You should visit this web page periodically to review the Terms and Conditions, because they are binding on you. In these Terms and Conditions, all services provided by and related to LogoSystemsDesign, and all text, images, photographs, user interface, "look" and "feel", data and other content included at LogoSystemsDesign.com from time to time (including, without limitation, the selection, coordination and arrangement of such content) are sometimes referred to as the "Web Site" and/or "Service." LogoSystemsDesign is owned and operated by Ariel Peeri.

You acknowledge and agree that LogoSystemsDesign 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 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. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities. You acknowledge, consent and agree that LogoSystemsDesign may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of LogoSystemsDesign, its users and the public.

1. LogoSystemsDesign Service Generally

1.1 LogoSystemsDesign will design a logo for the Customer (hereinafter referred to as "you" or the "Customer") based upon direction and input provided to us by you. LogoSystemsDesign Design Service may be collectively referred to as the "LogoSystemsDesign Design Services." Subject to the terms and conditions of this Agreement (which includes this and all other applicable Schedules) and during the term of this Agreement, LogoSystemsDesign agrees to provide to you the LogoSystemsDesign Design Services described on the LogoSystemsDesign web site and purchased by you during the sign-up process. LogoSystemsDesign reserves the right to amend its LogoSystemsDesign Design Services offerings and to add, delete, suspend or modify the terms and conditions of such LogoSystemsDesign Design Services, at any time and from time to time, and to determine whether and when any such changes apply to both existing and future customers.

1.2 Customer hereby grants to LogoSystemsDesign and its subcontractors all necessary rights and licenses with respect to the Customer's web site, print materials or logo created by LogoSystemsDesign in order to carry out its obligations under this Agreement and to make a reasonable number of archival or back-up copies as deemed necessary by LogoSystemsDesign.

1.3 LogoSystemsDesign Design Service is an online offering whereby customers can request that LogoSystemsDesign create and design a logo (each, a "Logo Creative" or "Creative"), revise those Creatives (each, a "Revised Creative") and obtain responses (each, a "Response") to those Creatives or Revised Creatives from design experts retained by LogoSystemsDesign ("Designers"). LogoSystemsDesign will provide you, as the Customer, the service according to the package you have chosen. Your Responses will be created iteratively through a drafting cycle of Creatives, Revised Creatives and Responses, ultimately resulting in a final Response conforming to your various Creative and Revised Creatives.

1.4 LogoSystemsDesign Website Design Service is an offering whereby a Customer can request that LogoSystemsDesign design and create a web site for them using sophisticated graphics, advanced layouts and other features. The Customer will receive a custom website designed and developed by LogoSystemsDesign. Although LogoSystemsDesign will custom design your web site, your web site may contain some features and design elements used in other web sites designed by LogoSystemsDesign.

1.5 LogoSystemsDesign Print Design Service is an offering whereby a Customer can request that LogoSystemsDesign design and create printed materials using graphics, layouts and other features. The Customer will receive a custom brochure or any other printed materials designed and developed by LogoSystemsDesign.

2. LogoSystemsDesign Service Generally

2.1 Description. The LogoSystemsDesign Service is an online offering where individuals or entities have requested LogoSystemsDesign design services by submitting a form which indicate the package they chose. LogoSystemsDesign will provide you, as the Client, the Service according to the Package you have chosen as detailed in section 3 below. Your Responses will be created iteratively through a drafting cycle of Design Revisions, ultimately resulting in a final Design Response conforming to your various Revision Briefs.

2.2 Creative Brief and Responses. You are solely responsible for preparing and e-mailing us descriptions of each of your Design Revisions, Request including providing samples illustrating your Design Revisions Request and any relevant deadlines. LogoSystemsDesign is under no obligation to review a Design Revision for any purpose, including accuracy, completeness of information, quality or clarity. LogoSystemsDesign may decide, in its sole discretion, to deny a Design Revision.

2.3 Reviewing Design Responses. When LogoSystemsDesign provides you with a Design Response, you are responsible for reviewing the Response. If you fail to promptly inform LogoSystemsDesign that the Response is not reasonably responsive to the related Design Revision Request, you will be deemed to have accepted the Design Response. If you notify LogoSystemsDesign that you think a Design Response is not reasonably responsive to the related Design Revision, you shall then submit to LogoSystemsDesign a Design Revision Request containing information regarding amendments or modification to be made to the initial Design Response. After you provide LogoSystemsDesign with a Design Revision Request, LogoSystemsDesign will provide you with a subsequent Response that conforms to the additional criteria you requested. LogoSystemsDesign is not responsible for the content of Design Responses developed to the extent that such Responses are prepared to conform to your Design Revision request.

2.4 Revision Cycles. Revision cycles generally consist of 2-3 additional compositions that incorporate changes you request in a Design Revision Request. The purpose of the revision process is to create Design Revision Request that moves your project forward in the specific direction you have determined. You may request significant changes in the first cycle, and the Design Responses generated might be quite different in nature from the original composition you selected. By the second and third revision request, your requests shall be modifications of the current composition only. If you request a completely new set of designs that departs from the then-current composition it will be honored and completed in a timely manner, however; LogoSystemsDesign reserves the right to charge $90 for each such Revision. No revision work, which requires payment, will be started without your authorization.

3. Packages

You may select from the following Service Packages:

    * High-Impact L Package

      5 original logo compositions

      3 revision cycles

    * High-Impact XL Package

      7 original logo compositions

      5 revision cycles

    * High-Impact XXL StationaryPackage

      9 original compositions for Logo design

      unlimited revision cycles

      Plus

      2 original Business cards, Letterhead Label and Envelop compositions

      2 revision cycles

    * Flex Package

      1 original composition for Logo design

      1 revision cycle

    

4. Client Accounts

4.1 When you register for the Service, you must pay for the Service via credit card, or other payment method expressly authorized by LogoSystemsDesign. You will be charged for the Package you have selected and upon receiving your payment and your Creative Brief LogoSystemsDesign will begin the Design Process. If you pay by credit card, you will be required to provide a valid credit card number and credit card billing address when registering as a Client. LogoSystemsDesign will email you a receipt for the transactions in which you are involved. Our fee policy for Clients may change and we may decide to impose additional fees on Clients at any time; however, such additional fees will not apply to projects submitted before LogoSystemsDesign implements any such change in fees.

4.2 Contacting LogoSystemsDesign promptly with notice of Customer's decision to cancel or discontinue the LogoSystemsDesign Design Services starting from the date of sale.

4.3 Obtaining Internet connectivity to access your Web site, to send and receive e-mail, and to otherwise access and utilize the Internet.

4.3 To the extent that Customer gathers any personal information about visitors to your Web site, Customer will not share that personal information with any third party without first obtaining a visitor's consent.

4.4 Operation of Web Site. LogoSystemsDesign shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Web Site. LogoSystemsDesign reserves the right, but shall not be required, to correct any such delays, interruptions, errors or omissions. Although LogoSystemsDesign intends to use commercially reasonable efforts to make the Web Site and Service accessible, LogoSystemsDesign 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, including telecommunications and/or server problems. LogoSystemsDesign 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. LogoSystemsDesign shall not be responsible for any loss, cost, damage or liability that may result from any of the circumstances, actions or inactions described in this paragraph.

5. Refunds

5.1 If you are not satisfied with the initial Design Responses provided by LogoSystemsDesign, you may request a refund by completing the Refund Request form, which will be provided to you upon request. Upon timely receipt of the completed form, LogoSystemsDesign will refund the total payment made by you, less a ninety-five dollar ($95.00) service and work processing fee. However, you shall forfeit the right to the refund outlined above if you request additional revisions to any of the first initial concepts. You shall also forfeit the right to a refund if you do not respond in a timely manner to a status notification from LogoSystemsDesign, as described below in section 1. Furthermore, refunds are only available to the actual Client for whom the logo was created. No refund is available for design firms or advertising agencies or for those who order our design services on behalf of another entity.

5.2 Should you receive a refund, you agree that your acceptance of the refund shall constitute your sole and exclusive remedy with respect to related Logo designs or other work products created by LogoSystemsDesign. You acknowledge that you will have no right (express or implied) to use any logo designs or other work product created by LogoSystemsDesign, nor will you have any ownership interest in or to the same.

5.3 Project Duration. You agree to provide timely responses to any status notifications that LogoSystemsDesign sends to you. You shall have 30 days to respond to each Response sent to you. If after 60 days you have failed to respond, LogoSystemsDesign will assume that your project is complete and the project shall be deemed completed. At such time, LogoSystemsDesign will have no further obligation to you, and you will pay LogoSystemsDesign pursuant to the provisions of these Terms and Conditions. Notwithstanding the foregoing, LogoSystemsDesign reserves the right, in its sole discretion, to terminate your access to all or a portion of the Service, at any time, with or without notice. In the event of such termination, LogoSystemsDesign will determine, in its sole discretion, whether you are entitled to any refund.

6. Information and Content You Provide

6.1 If you provide any information that is untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, LogoSystemsDesign has the right to suspend or terminate your account and refuse any and all current or future use of the LogoSystemsDesign Design Services (or any portion thereof).

7. Non-Interference By You

7.1 Customer will use the LogoSystemsDesign Design Services in a manner which does not interfere with or disrupt other network users, services, or equipment, and LogoSystemsDesign reserves the right to terminate or suspend the LogoSystemsDesign Design Services without notice if such interference is determined by LogoSystemsDesign to exist. Such interference or disruption includes, but is not limited to:

7.2 wide-scale distribution of messages, including bulk e-mail or unsolicited spam e-mail, or wide-scale distribution of messages to inappropriate mailing lists, newsgroups, or other public or private forums,

7.3 propagation of computer worms or viruses, and

7.4 use of the network to make unauthorized entry to other computational, information, or communications devices or resources. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.

8. Unauthorized or Inappropriate Use

8.1 LogoSystemsDesign reserves the right to deny, terminate, or suspend LogoSystemsDesign Design Services without notice if, in LogoSystemsDesign' sole discretion, the LogoSystemsDesign Design Services are used by Customer in a manner that violates or may violate the following standards or the AUP, and LogoSystemsDesign reserves the right to reject, alter, modify, or remove Customer's website, website domain name, URL address, or any website content (including, but not limited to, any language, words, text, photographs, designs, drawings, graphics, images, symbols, or logos) which LogoSystemsDesign in its sole discretion deems to be in violation of the AUP or (i) an infringement on or a mechanism designed to facilitate the infringement of a propriety interest of any third party, including without limitation, any copyright, trademark, domain registration right, trade secret, or patent right, or (ii) stating or implying that the Web site is placed by LogoSystemsDesign or any party with a contractual relationship with LogoSystemsDesign, or that such parties endorse the Customer's products or services, or (iii) pornographic or obscene.

9. Additional Indemnification Obligations

9.1 In addition to your indemnification obligations set forth elsewhere in this Agreement, you agree to defend, indemnify, and hold harmless LogoSystemsDesign and each of its officers, directors, employees, agents, affiliates, co-branders or other partners, and employees of any of the foregoing, from, against, and in respect of: (i) any and all losses, damages or deficiencies resulting from any third party claim in connection with your web site (including, but not limited to, web site content) or the URL and (ii) all costs and expenses incident to any and all actions, suits, proceedings, claims, demands, assessments, or judgments in respect thereof regardless of the merit thereof, including reasonable legal fees and expenses (whether incident to the foregoing or to LogoSystemsDesign' enforcement of said rights or defense and indemnity).

10. Ownership of Your Content

10.1 With the exception of your ownership interest in the information, materials, images, photos and other content that you provide to us for inclusion in your web site, ownership interest to your web site, including, but not limited to, the HTML coding, scripting, copyrights, visual layout, appearance and design and all other intellectual property rights, shall be with LogoSystemsDesign. However, with respect to LogoSystemsDesign Design, the following terms and conditions apply to ownership rights:

11. Rights of Clients

11.1 Subject to your compliance with this Service Agreement, you shall own the final logo work product and the final custom interactive web design product provided to you by LogoSystemsDesign (the "Final Product"). You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the Final Product, and LogoSystemsDesign expressly reserves all right, title and interest in and to the same. You acknowledge and hereby grant to LogoSystemsDesign a royalty-free, irrevocable exclusive worldwide right to use Creatives, Revised Creatives, initial artwork concepts, website mockups, revisions, individual Responses provided to you, and the Final Product for internal and archival purposes, and in order to display and promote the LogoSystemsDesign LogoSystemsDesign Design Services. LogoSystemsDesign retains the rights to all artwork concepts and other content not selected by you. You acknowledge that your ownership rights under this Service Agreement are limited to the Final Product, and that no trademarks or service marks in or to any Final Product are being conveyed under this Service Agreement. You hereby acknowledge that LogoSystemsDesign shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the Final Product. Accordingly, you are encouraged to perform your own independent searches with regard to the Final Product. Furthermore, you acknowledge that LogoSystemsDesign shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the Final Product, nor shall LogoSystemsDesign be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the Final Product.

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