1.OUR SERVICES. The Sites offer Services for free and for payment, as described below. We may add, remove or modify Services from time to time.
(a) Free Services. For free, you can produce, review and edit a logo or other design ("Design") incorporating content that you provide ("Your Content"), together with content that we provide ("Our Content").
(b) Paid Services. For payment, you can (i) acquire the right to use the Design in your business ("Usage Rights"), (ii) obtain products that display the Design ("Merchandise"), or (iii) use other Services, as available from time to time.
(a) Eatlogos grants you a non-exclusive, non-transferrable revocable license to access and use the Sites to create, modify and review Designs and purchase Merchandise or other Materials (as defined below) displaying your Designs and to use other Services available from time to time. If you purchase Usage Rights, Eatlogos also grants you a non-exclusive, non-transferrable, non-assignable license to use the Design in your business, provided that any use of Our Content shall be permitted only to the extent incorporated in a Design. If you have not purchased Usage Rights, you are expressly prohibited from copying, downloading or otherwise using the Design other than for purposes of reviewing or editing it on the Sites, or to order Merchandise or other Materials displaying the Design.
(b) You grant to Eatlogos and its affiliates, and their respective successors, assigns, contractors and/or sublicensees, a perpetual, irrevocable, royalty-free, worldwide, assignable, transferrable, non-exclusive right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use Your Content, including any text, images and other design elements that you provide, in any formats or media now known or hereafter devised, for the purposes of providing you with and/or promoting our Services.
If we believe at any time, in our sole discretion, that your use of any Services, or any Design, Merchandise or other materials or work product created using our Services (collectively, "Materials"), violates these Terms or could give rise to legal liability, we may require, without limitation of our other rights or remedies at law, in equity or hereunder, that you cease to use the applicable Services and/or Materials; provided, however, that if the reason that we require you to cease use of any Services or Materials results solely from your use of Our Content in accordance with these Terms, we will, as our sole liability in connection therewith, refund to you any fees that you paid to use the applicable Services or purchase the applicable Merchandise or other Materials.
(c) All rights that we do not expressly grant in these Terms are reserved by us.
3. AUTOMATIC RENEWAL. CERTAIN SERVICES MAY BE SUBJECT TO AUTOMATIC RENEWAL, ON EITHER A MONTHLY OR ANNUAL BASIS. UNLESS YOU CANCEL SUCH SERVICES ON THE SITES BY EMAILING CUSTOMER SERVICE OR USING ANY CANCELATION MECHANISMS PROVIDED ON THE SITES, YOUR CREDIT CARD ON FILE WILL BE CHARGED A SPECIFIED AMOUNT BOTH WHEN YOU SIGN UP FOR THE SERVICES AND EACH TIME THAT THEY RENEW.
4. USER CONDUCT. In using the Sites, Services and any Design, you agree that you will not:
(i) violate any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities or any third party terms and conditions applicable to any Services that you use;
(ii) create or use any Design, order any Merchandise or other Materials or otherwise use any Services in a manner that is: unlawful (or promotes unlawful activities); harmful; threatening; fraudulent, deceptive or misleading; harassing; discriminatory; libelous; defamatory; vulgar; pornographic; obscene; in violation of another's right of privacy, publicity or other rights; in violation of any contractual or fiduciary obligations; or infringing on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, "Intellectual Property Rights") of any third party; or otherwise objectionable;
(iii) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
(iv) violate or attempt to violate the security of the Sites or Services;
(v) reverse engineer, decompile or disassemble any portion of the Sites or Services;
(vi) "scrape" information from the Sites or Services by automated means;
(vii) interfere with the ability of others to use the Sites or Services;
(viii)use, redistribute or resell any of Our Content on a standalone basis (separate from a Design); or
(ix) retain, copy, distribute, publish, or use any Design or Our Content except as expressly provided in these Terms.
5. PROPRIETARY RIGHTS. Eatlogos and/or its licensors or Service Providers own the Sites and Services, including Our Content and any and all graphics, photographs, images, artwork, text, fonts, software and other technology, and the contents, design, layout, functions, appearance and other intellectual property, comprising the Sites, Services and Our Content. The foregoing ownership rights include all Intellectual Property Rights inherent in or appurtenant to the Sites, Services and Our Content. You retain all ownership of Your Content. Subject to your ownership of Your Content, and any licenses expressly granted by us to you hereunder, we and/or our licensors shall retain all right, title and interest in and to the Design and Our Content, including all Intellectual Property Rights therein. You agree that you will not take any action, or use the Sites, Services or any Design in a manner, that jeopardizes or infringes the Intellectual Property Rights of us, any of our licensors, Service Providers, customers, or any other person or entity.
6. REPRESENTATIONS AND WARRANTIES. You represent, warrant and covenant (a) that you and Your Content will comply with all of the requirements set forth in these Terms, (b) that you own all Intellectual Property Rights in Your Content and have the right to provide Your Content to the Sites for use in creating a Design or other Materials and using that Design or other Materials in connection with any Services or Merchandise or other Materials, or as otherwise contemplated herein, and (c) that you are at least eighteen (18) years old.
8. DISCLAIMERS; LIMITATIONS OF LIABILITY.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, SERVICES AND MERCHANDISE AND ANY OTHER MATERIALS. THE SITES, SERVICES, MERCHANDISE AND OTHER MATERIALS, OUR CONTENT (WHETHER PROVIDED PURSUANT TO YOUR INSTRUCTIONS OR REQUEST OR OTHERWISE), AND ANY DESIGNS OR OTHER MATERIALS GENERATED USING THE SITE, ARE PROVIDED "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND Eatlogos AND ITS AFFILIATES AND THEIR RESPECTIVE SERVICE PROVIDERS DISCLAIM ALL SUCH REPRESENTATIONS OR WARRANTIES. WITHOUT LIMITATION OF THE FOREGOING, EATLOGOS PROVIDES NO WARRANTY THAT ANY DESIGNS CREATED USING THE SITES WILL NOT INFRINGE, OR BE SUBJECT TO A CLAIM OF INFRINGING, THE INTELLECTUAL PROPERTY RIGHTS OF ANOTHER PARTY. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, Eatlogos DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE USE OF ANY DESIGNS.
(b) OTHER CUSTOMERS USE OUR CONTENT TO CREATE LOGOS AND OTHER DESIGNS. THEREFORE, WE CANNOT GUARANTEE THAT YOUR DESIGN WILL NOT BE THE SAME AS, OR SIMILAR TO, DESIGNS THAT HAVE BEEN, OR WILL BE, CREATED BY OTHERS, OR THAT YOUR DESIGN DOES NOT OR WILL NOT INFRINGE ON ANYONE ELSE'S TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHTS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF A DESIGN DOES NOT INFRINGE ON ANYONE ELSE'S TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHTS.
(c) IN NO EVENT SHALL Eatlogos OR ITS AFFILIATES OR THEIR RESPECTIVE SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SITES OR SERVICES, OR ANY DESIGNS OR MERCHANDISE OR OTHER MATERIALS. Eatlogos LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID FOR THE SERVICES GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, Eatlogos MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE LESSER OF (I) A REFUND OF THE AMOUNT PAID FOR THE PRODUCT OR SERVICE AT ISSUE, OR (II) $100.
10. CHANGES TO TERMS. Eatlogos may modify these Terms at any time by posting changes on the Sites; however, (i) these changes will only become effective and binding with respect to you after Eatlogos provides notice on the Sites that these Terms have changed and you first use any of the Sites following the date of such posting, (ii) the changes will only apply with respect to your use of the Sites after such changes become effective, and (iii) any change in payment obligations will only apply to your subsequent purchases on, or usage of, the Sites or Services. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Sites or Services.
11. RISK OF LOSS. All Merchandise purchased on any of the Sites is delivered pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For purchases of Usage Rights or any other Services that is to be provided in an electronic format, delivery of such Services will be deemed to have occurred either at the time we transmit the Services via email or other electronic communication addressed to you, or at the time we notify you that the product is available for downloading from one of the Sites, as applicable.
12. REFUND POLICY. At Eatlogos, we strive to provide the highest level of customer service. In most cases, we are able to satisfy clients by simply making changes as needed to the Services purchased or by offering complimentary Services. We will replace, or refund the cost of, any Services that fail to meet our customers' quality expectations within 30 days of purchase. However, we do not take responsibility for typing, image, or design errors introduced by customers in creating any Designs or otherwise using the Sites or Services or problems arising from your breach of these Terms. If we refund the price of Usage Rights, your license with respect to such Usage Rights will then terminate and you will be required to delete and make no further use of the applicable Design. If we or one of our Service Providers refunds the price of any Services, your rights to further use such Services will then terminate. Upon acceptance of a refund, you will have no further rights, remedies or claims with respect to the applicable Services.
13. LINKS. The Sites and Services may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters.