TERMS OF AGREEMENT
Designimo.com reserves the right to change the terms and conditions of the Agreement and such modifications shall be effective immediately.
1. Services Generally
(a) Description. The Service is a process where individuals (the "Users") can create and design a customized logo and/or business card using materials provided by Designimo.com's online web tool.
(b) License. By consenting to this Agreement, Users are purchasing a non-exclusive License to use the symbols and associated materials in our Service to create their logos. Designimo.com retains the copyrights and all associated rights to the original symbols in Designimo.com's symbol library, but the License allows Users to use and display that symbol in their customized logos. The symbols and other materials used in any preliminary design that are not contained in the final version of a User's logo remain the property of Designimo.
(c) Payment. When Users complete their logo and/or business card design and choose to submit payment, the Users are charged for the Services. 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.
(d) Refunds. The User understands that all sales are final and no refunds shall be issued. Designimo has the right to cancel orders and provide a refund at any point in the development process. Designimo retains the right to modify or change this policy at any time without notice.
2. Eligibility and Use
(a) Eligibility. A User must be at least 13 years of age, accept the Agreement, and complete the registration process in order to use Designimo's Service. By registering, the User represents and warrants that:(1) the information they include as part of the registration process is complete and accurate, and
(2) if they are registering on behalf of an entity, that they are authorized to bind that entity to this Agreement.
The User acknowledges that Designimo is not required to accept any User's 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. Specifically, the User acknowledges the following:(1) the User may display the Web Site on an internet access device, and
(2) the User agrees not to print copies of portions of the Designimo website or Service.
(3) the User agrees not to modify the website or Service, or any portion of it, except by the express written consent of Designimo.
(c) Prohibited Uses. Users may not frame or use any framing techniques to enclose any portion of the Service or Web Site without the written consent of Designimo. Users may not use articles without written consent of Designimo. Users may not use meta tags or any other "hidden text" that utilize the Designimo trademark or company name without the written consent of Designimo. 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 Designimo.
(d) Accessibility. Designimo shall not be responsible for any delays, interruptions of, errors, or omissions contained in the Web Site. Designimo 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. Designimo shall not be responsible for any loss, cost, damage, or liability that may result in such events.
(e) User Acknowledgements, Representations, and Warranties. The User hereby acknowledges, represents, and warrants that he or she agrees to the following terms and conditions of Use:
(1) Distribution and Storage. Users agree not to transmit, distribute, post, communicate, or store information on, to, or through the Web Site that:
(i) is copyrighted or reveals trade secrets, unless User owns such copyrights or other intellectual property;
(ii) contains viruses, Trojan horses, worms, time bombs, or other electronic data that are intended to damage, interfere with, surreptitiously intercept, or expropriate any Designimo system, content, data, or information.
(iii) is defamatory, libelous, invasive of the personal or privacy rights of others, or refers to or depicts third parties in a false light or any other actionable manner.
(2) Internet Functionality. Users further agree not to:(i) use any false, or inaccurate information for purposes of registering as a User;
(ii) attempt to interfere with the proper working of this Service;
(iii) 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 Designimo and other commercially available third party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer).
(3) Web Site Security. Users are prohibited from attempting to violate the security of the Web Site, including:(i) accessing data not intended for Users or attempting to probe, scan, or test the vulnerability of the Web Site or to breach security or authentication measures;
(ii) attempting to interfere with the service of any user, host, or network.
(iii) forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
The User hereby acknowledges that violations of the Web Site's security may result in civil or criminal liability. Designimo will investigate any violation and will cooperate with law enforcement authorities in prosecuting Users involved in such violations.
3. Intellectual Property
By agreeing to these Terms of Service, the User acknowledges the following:
(a) Intellectual Property Ownership. The contents of this Web Site, including the Intellectual Property, graphics, user interface, text, symbols, movies, images, audio files, data compilations, the selection and format thereof, as well as the underlying software and databases are the property of Designimo and may be protected by U.S. and international copyright and trademark laws. Under this License Agreement, Users cannot sell, assign, or transfer rights to the symbol, but any trademark rights developed in the customized Logo Product will be owned by the User.
(b) Prohibited Uses Related to Intellectual Property. 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 Designimo without the written consent of Designimo.
(c) Trademark and Copyright Searches. The User hereby acknowledges that no trademark, copyright, or service marks are being conveyed under this Agreement. User acknowledges that Designimo has no obligation or duty to perform copyright, trademark, or service mark searches to validate that the symbol database is not infringing on any trademark, copyright or service marks. Accordingly, Designimo encourages Users to perform their own independent searches.
(d) Registration of Intellectual Property. The User acknowledges that Designimo shall have no responsibility to assist User in seeking state or federal intellectual property protection (i.e., copyright or trademark registration). Designimo shall not be responsible for assisting User in perfecting or protecting the User's rights.
(e) Notifications of Potential Infringement. Designimo makes no representation or warranty, and expressly disclaims any liability with respect to the content of the licensed symbols and Service. Designimo disclaims all errors, omissions, claims of infringement, and all other causes of action based on the License granted under these Terms of Service, including but not limited to claims of infringement of trademark rights, infringement of copyright, and infringement of moral rights. If Users believe any content appearing on the Web Site infringes another party's rights, it is the User's responsibility to avoid an infringing use of such content. If the User suspects that a symbol is potentially infringing a copyright of the User or of a third-party, please notify us of this alleged infringement immediately.
(f) Allocation of Responsibility and Liability for Infringing Logo Products. Each User expressly agrees and acknowledges that s/he creates a Logo Product at his or her own risk and that s/he is responsible for taking any actions necessary to determine whether the use will infringe any third party intellectual property rights-including, but not limited to, trademark rights and/or copyright protection. The User acknowledges that he or she bears the burden of ensuring that the Logo Product-as delivered by Designimo's Service and as later changed by the User in commerce-does not infringe the rights of others.
(g) Intended Uses. The licensed symbols are intended for use only with properly licensed media, content, and content creation tools. It is the User's responsibility to ascertain whether any copyright, trademark, patent, or other licenses are necessary and to obtain any such licenses to create, distribute, or use the Logo Product. The User agrees to distribute and use only those Logo Products for which it has the necessary copyright, trademark, or other permissions and clearances.
(h) Disclaimer of Warranties and Liability. The Designimo Service is provided "AS IS." As further provided in Section 7 below, Designimo MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING IN ANY WAY TO THE WEB SITE, including, but not limited to, any user identity or linked content. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, Designimo SPECIFICALLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. Designimo DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL LIABILITY FOR ANY DAMAGES WHATSOEVER.
(i) Indemnification. The User agrees to indemnify and hold Designimo and its directors, officers, employees, and agents harmless from and against any and all claims, actions, proceedings, damages, losses, and expenses (including reasonable attorneys' fees) arising from User's use of the Service, from User's use of the Service or the Logo Product, and from any breach by the User of any of the Terms of Service. For example, in the event that a User's logo design, created from Designimo's Web Site and Service, is found to be an infringement of a third party's intellectual property rights, the User expressly agrees to hold Designimo harmless and to indemnify Designimo against any such claim and damages.
4. Responsibility for Content
(a) Web Site. Designimo makes no representations, warranties, or guarantees regarding the truthfulness, accuracy, or reliability of any information that is communicated to and from the Web Site. Designimo does not endorse any opinions expressed by any User.
(b) Downloads. Designimo does not guarantee that data made available on the Web Site will be free of infection or viruses, worms, Trojan horses, etc. It is the User's responsibility for implementing sufficient safeguards and procedures to ensure that any data is free from such problems.
5. Rights to User Information
(a) Registration, Password, User Identity. The User hereby acknowledges the following:(1) 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.
(2) Passwords and Access. Users agree to keep confidential the User Identity, registration identification, and password(s).
(3) Inactivity. Designimo will maintain and grant Users access to in-progress information until one year after the logo is paid for. If Users have not accessed the Web Site after that time, Designimo may delete that information at its option.
(c) User Information. For any information or media provided by User in connection with use of the Service (collectively, the "User Information"), Designimo has all rights necessary to use the User Information for the purposes of providing the Service.
(d) License of User Information. Upon submission of User Information to the Service, User grants Designimo a royalty-free, irrevocable, perpetual, exclusive, worldwide license to use, reproduce, modify, publish, sublicense, create derivative works from, distribute, communicate to the public, 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.
6. Disclaimers, Limitations of Liability, and Indemnification
(a) Release from Claims. The Service serves as a venue for the creation of logos. Designimo does not screen or censor any information or material posted to the Web Site. Although Designimo makes reasonable efforts to determine the identity of Users, Designimo does not confirm the specific identity of any User. Accordingly, if a User has a dispute with another User, Users release Designimo from claims, demands, and damages of every kind and nature arising out of or in any way connected with such disputes.
(b) Limitation of Remedy. Designimo SHALL NOT 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 IN ANY AMOUNT OVER AND ABOVE THE AMOUNT PAID BY THE USER TO Designimo FOR THE SERVICE.
(c) Exclusion of Consequential Damages. IN NO EVENT SHALL Designimo BE LIABLE TO USERS 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 Designimo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(d) Indemnification. The User agrees to defend, indemnify, and hold harmless Designimo and its subsidiaries, affiliates, officers, agents, partners, and employees from all liabilities or claims of any third party arising out of the User's violation of this Agreement.
7. 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 Designimo, and Designimo therefore is not responsible for the Linked Content. Linked Content is not an endorsement by Designimo. If Users decide to access any Linked Content, Users do so at their own risk.
Designimo reserves the right to terminate a User's access to all or a portion of the Service WITHOUT NOTICE OR REFUND.
9. Email communications
From time to time, Designimo will use email to communicate with the User. By using the Service, Users agree to receive status notifications, a monthly newsletter, carefully selected special offers and promotions, and third-party services that Designimo believes could be of value to User. Users are free to unsubscribe from such communications at anytime.
10. General and Miscellaneous
(a) Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties with respect to the subject matter. It supersedes any and all prior oral or written agreements and understandings between Users and Designimo regarding this Agreement. No modification, amendment, or waiver of this Agreement shall be binding unless evidenced in writing and signed by Designimo.
(b) Severability. If any part of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being invalidated in any way. The language of this Agreement shall be deemed to be the language mutually chosen by the parties.
(c) Governing Law, Venue, and Jurisdiction. This Agreement shall be governed by the substantive law of the State of Tennessee, 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 and all disputes arising out of or relating to this Agreement shall be resolved by binding arbitration and that any such hearing shall be held in Nashville, Tennessee. The parties agree that this will be a private arbitration with one sole Arbitrator who shall be a Tennessee attorney licensed to practice law for more than 10 years. If the parties cannot agree on an Arbitrator, then the party demanding arbitration shall be required to file a legal action in a court of appropriate jurisdiction located in Davidson County, Tennessee under the applicable arbitration law and request the court to appoint an arbitrator. All costs of arbitration will be borne equally, and if Designimo is the prevailing party it shall be entitled to recover its reasonable costs and attorney's fees.
(d) Non-Transferability. A User may not assign or otherwise transfer (by operation of law or otherwise) any of the User's rights or duties hereunder unless Designimo 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. Designimo may assign or otherwise transfer any of its rights or the performance of any of its duties. The waiver by Designimo 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.(e) Reservation of Rights. Any rights not expressly granted herein are reserved by Designimo.
Any questions concerning these Terms and Conditions should be directed to: support(at)Designimo.com or KV Tech DWC LLC, 1st Floor Dubai World Central, Dubai Logistics City, Dubai, UAE.Contact Us: If you have any questions regarding our Terms and Conditions please feel to contact us via email at support(at)Designimo.com.