Guru Corporation (known as LogoDesignGuru.com, Inc’s) Terms & Conditions
Logo Design Guru.COM, INC. (“Guru”) and its subsidiaries, WebbyGuru.com and Mycroburst.com both herein
referred also as “Guru”.
- TERMS OF AGREEMENT
- CREDIT CARD PAYMENT
- FAILURE TO PAY
- CANCELLATION POLICY
- CANCELLATION NOTIFICATION PROCESS
- LIABILITY AND OBLIGATIONS ON TERMINATION
- REFUND REQUESTS
. Logo Design Refund Policy
. Stationery Refund Policy
. Web Design Refund Policy
. Brochure/Graphic Refund Policy
- CUSTOM WEBSITE REFUND POLICY
- CLIENT RESPONSIBILITIES
- SPAMMING POLICY
- CONTENT CONTROL
- LOGO DESIGN TECHNICALITIES
- DELIVERY AND ACCEPTANCE
- CUSTOM LOGO DESIGN DELIVERY
- CUSTOM STATIONERY DESIGN DELIVERY
- GRAPHIC/BROCHURE DESIGN DELIVERY
- WEB DESIGN DELIVERY
- SATISFACTION GUARANTEED PROVISION
- SUCCESSOR SITES
- PROPRIETARY RIGHTS
- DISCLAIMER OF WARRANTIES
- LIMITATION OF LIABILITY
- PRINTING LIMITATION OF LIABILITY
- COPYRIGHT AND TRADEMARK NOTICES
- GOVERNING LAW
TERMS OF AGREEMENT
Use of Logo Design Guru, Inc's WEB SYSTEM constitutes acceptance of these Terms and Conditions. By entering into any contract or agreement with Logo Design Guru, Inc. DBA WebbyGuru (herein referred to as GURU) for products and/or services to be provided by Logo Design Guru, including without limitation ordering any products or services through the Logo Design Guru web site (hereinafter referred to as your “Contract” with Logo Design Guru), you hereby agree to abide by, comply with and be legally bound by the policies, terms and conditions hereinafter set forth (these “Terms and Conditions”).
For purposes of these Terms and Conditions, references to the products and/or services provided by Logo Design Guru or WebbyGuru shall include, without limitation, logos, designs, names, graphics or similar materials or information, whether or not protectable, corporate gift items, printing services, web design, screen savers, stationery, brochures, marketing materials, search engine marketing and other design services, and any and all future product or service offerings of Logo Design Guru.
If you do not agree with any provision of these Terms and Conditions, you should not order any products or services from Logo Design Guru or enter into your Contract with Logo Design Guru. These Terms and Conditions are hereby incorporated by reference into your Contract. To the extent that any provision of these Terms and Conditions conflicts with any provision of your Contract, the provision set forth herein shall be deemed amended so as to be consistent with the provisions of your Contract.
Logo Design Guru reserves the right to modify, amend, update and change these Terms and Conditions from time to time with notice via email or other means. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that Logo Design Guru shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to these Terms and Conditions.
Guru- Logo Design Guru.com, Inc, also DBA, LogoSnap.com, WebbyGuru.com.
Client/You – Guru’s client or customer who is entering in to this agreement for services.
Hostopia – Guru’s strategic partner providing hosting, hosting support, website templates, email and additional hosting services.
GuruSite – a website constructed from a pre-made template provided by Hostopia included as part of the packages in WebbyGuru.
Custom website – a website created by Guru from an original design and converted to html.
Custom logo – a website created by Guru from an original design solely for client.
Client is engaging in a monthly service agreement with Guru to provide web design, hosting, web maintenance, logo and stationery design along with additional services listed on the packages page. Guru must receive the first month of payment prior to starting any work on your web project. The amount will be determined by the package you have selected, or that you have agreed to with a Guru Representative.
Please note, your website does not have to be live to necessitate the monthly fee from Guru. In the event of delayed launch of your website, or acceptance of your logo, your credit card will still be billed monthly. Additional revisions, rejected design concepts, incomplete content or photo selection may cause your website launch to be delayed. Your monthly fee is NOT solely for a live website, but to maintain a relationship with Guru, who will customize a web concept for you and launch it upon your approval.
Guru shall be entitled, in its sole and absolute discretion, to withhold any products or services it is otherwise obligated to deliver or provide under your Contract until such time as payment in full has been received therefore. Guru will notify you of any additional charges under your Contract prior to commencing performance of its obligations there under.
CREDIT CARD PAYMENT
When you pay for the Services by credit card, you expressly authorize Logo Design Guru, Inc or its agents to charge all fees and charges incurred by you under this Agreement to such credit card, and such authorization will survive termination of this Agreement until there are no charges owing by you under this Agreement. If you use a credit card and Logo Design Guru, Inc does not receive payment from the card issuer, you agree to pay all amounts due, upon demand by Logo Design Guru, Inc. You must notify Logo Design Guru, Inc of any changes to your credit card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit Logo Design Guru, Inc from charging your account.
FAILURE TO PAY
Your failure to fully pay any fees and taxes within ten (10) days after the applicable due date will be deemed a material breach of this Agreement, justifying Logo Design Guru, Inc's immediate suspension of its performance of the Services and/or termination of this Agreement. You are responsible for any fees associated with reinstating the Services. Any such termination would not relieve you from paying past due fees plus interest. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, legal fees, court costs and collection agency fees.
You are engaging in at “at will” agreement and may cancel at anytime unless you have agreed to, via email or in writing, to a separate agreement with a representative from Guru. Cancellations require 30 day to cancel, and your payment will cease the FOLLOWING month. One last payment is required in order to compensate Guru for hosting fees and labor associated with removing the client’s website.
In the event you purchased a monthly package, and would like to KEEP your design, your minimum commitment is 8 total months of payment. If you choose not to pay the balance of the 8 months, Guru will not release your web design to you. In order to receive your websites native files, and to release the rights to your website, we must receive 8 months payment, in total. This payment will cover customization of your “GuruSite”, development, hosting, maintenance, support and additional services related to project preparation, design and launching your website.
Guru will notify you of any additional charges added to your Contract prior to commencing the obligations there under.
Or send an email to your account representative or firstname.lastname@example.org . Call us at 877 525 5646 x830 and ask for the Support Manager, Martin O’Connor.
LIABILITY AND OBLIGATIONS ON TERMINATION
Should the Agreement expire or be terminated for any reason, Logo Design Guru, Inc will not be liable to you because of such expiration or termination for compensation, reimbursement or damages on account of the loss of profits or sales (anticipated or actual), goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from such termination or expiration. Any termination of this Agreement shall not relieve you of any obligations to pay fees and costs accrued prior to the termination date. Logo Design Guru, Inc shall not be obligated to notify any third party of the termination of your account or provide any termination assistance. Without limiting the generality of the foregoing, Logo Design Guru, Inc shall have no obligation to forward any email messages, data, information or other content related to your use of the Services, and you acknowledge that all such email messages, data, information and content may be immediately deleted by Logo Design Guru, Inc.
No refunds are provided for the monthly service fee related to GuruSites and/or the logos included in WebbyGuru packages. Guru will not provide refunds for previous months billings for any reason.
CUSTOM WEBSITE REFUND POLICY
In the event you are not satisfied with the design of a custom website created by Guru, we will retain the following amount: Full web site package or contract amount less $250 for the first draft. Additional design costs to be charged with refund request: $250 for each additional original concept, and $50 for each draft after draft 1. Example: If you have ordered a Basic Web Package, and you request a refund after you have received the first draft, and 2 revisions, you will be entitled to a $349 refund ($699 - $250 - $50 - $50). Guru will not provide refunds on projects that have been finalized, or if your design has been converted to HTML, PHP, ASP or flash. In no case will the refund amount exceed the pricing of your web design project.
Guru will not provide refunds on any portion of a development project that has been initiated. If any portion of your project has not started, and you request a refund, we will provide a refund in full after you complete a refund request form. Client must complete a refund request form prior to being refunded. Your refund request form will be reviewed by our management team who will determine the amount of your refund, and if you qualify.
Developing a website is a collaborative project between the client (you), our support staff and our designers. We will require the following in order to complete your web project in a timely manner:
- You must provide a valid email, and add webbyguru.com and logodesignguru.com as valid email addresses to receive info from.
- A completed and thorough creative brief.
- Content (text) for your website, completed, edited and spell checked on a Word doc we will provide to you.
- Photos (that either you provide, and retain copyrights to) or photos that you have selected from our account on Photos.com.
- Feedback on our concepts in a timely manner (within 1-5 business days).
If at any stage you are not satisfied with the turnaround time, design quality or content integration, please contact your client representative immediately, or contact us via IM or your client panel.
Any delays to your project as a result of Guru not receiving content, photos, or creative feedback or direction will not qualify the client for any refund, nor qualify the customer to receive expedited service.
1) Complete your creative brief and submit payment.
2) Prepare your content and photo collection immediately so it’s ready when after the template approval.
3) Your first web design concept will be uploaded in JPG format into your client panel, which you must view by logging in with the user ID and password that was
sent to you, by Guru, at the email address you provided when you placed your order.
4) Upon receipt of your initial design concept, you will be required to either A) approve the design concept or B) request revisions to your design concept. Guru will
initiate the revisions requested and upload a second draft to your client panel, whereby you will be notified via email.
5) Once you approve your design concept, we will require your content and photos for your additional pages. We will create the remainder of your website in html
for you to review. You will review your website in detail and provide any additional revisions.
6) Once you approve the html version of your website, we will launch the website to the domain name that you have registered.
7) Guru will host your site via our partner, Hostopia.com
At Logo Design Guru, Inc and its officers' discretion we reserve the right to revoke web hosting services at any time for abusive conduct on the system and/or the Internet and its resources as a whole. Sending spam (unsolicited email) from a domain or about a domain is considered abuse of the system and will result in the termination of your account. Logo Design Guru, Inc and its officers are deemed as authority to define abusive conduct to the system, and definitions may periodically change or be amended to previous ones. It is well known that spamming (sending junk email) generates a very negative response from most of its recipients. Since it is in everyone's best interest to avoid this, we enforce a strict Anti-Spamming Policy. Sending spam from your domain will result in the termination of your account. Our policy also includes unsolicited email that directly relates to your domain but is sent from another source.
If you are intending to use these tactics for your domain, don't waste your time here, go somewhere else. If you are experiencing abuse regarding a domain that appears to be hosted here, please email email@example.com . We are unable to personally answer each complaint, however we investigate all of them and shut down offenders immediately.
GURU reserves the right in its sole and absolute discretion to restrict or remove from its servers any content that it deems to be in violation of this Acceptable Use Policy or any laws. GURU may immediately take action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service(s), (c) restricting or prohibiting any and all uses of content hosted on GURU's systems, and/or (d) disabling or removing: (i) any hypertext links to third-party web sites, (ii) any of your content distributed or made available for distribution via the Services, or (iii) other content not supplied by GURU. It is GURU's policy to terminate Services to infringers. The above stated rights of action, however, do not obligate GURU to monitor or exert editorial control over the information made available for distribution via the Services and you acknowledge that GURU has no obligation to censor or monitor use of the Services by you, or any obligation to censor or monitor any content, material or other information sent, received or accessible through the Services. In the event GURU takes action due to such possible violation, GURU shall not be obligated to refund to you any fees paid in advance of such action.
GURU will immediately discontinue hosting, and if necessary, contact the proper authorities for the following activity on your website:
1) Intellectual property infringement
2) Obscene speech or materials
4) Advocating violence and weapons use or instructions
5) Promoting products, services or actions that involve risk of death or violence
6) Defamatory or Abusive language
7) Distribution of viruses, worms, Trojan horses, etc.
8) Any other illegal activity or unethical activity or content as deemed by Guru
LOGO DESIGN TECHNICALITIES
The default color model for our logos is the CMYK format unless you specify that you require PMS (Pantone) prior to the start of the project. Any format change after the start of the project will have an additional charge.
The source file will be in Adobe Illustrator (.ai) format. The fonts will be converted into outlines.
Other formats sent may include Freehand, Windows Meta file (.wmf), JPEG, TIFF, EPS, GIF and PDF. Additional formats can be required upon request.
1. Illustrative logos are not included in this package. Additional fees will be required for illustrative logos.
DELIVERY AND ACCEPTANCE
Upon completion of its products and/or services in accordance with the terms and conditions set forth in your Contract, Logo Design Guru shall deliver your product and/or service to a temporary location designated by Logo Design Guru for your review. Logo Design Guru will notify you via e-mail of such completion and delivery, and the manner in which you may access the temporary location for purposes of reviewing your product and/or service. You shall have 60 business days from the date of delivery to said temporary location to notify Logo Design Guru in writing of your acceptance or rejection of the product and/or service. Your failure to notify Logo Design Guru in writing of your rejection of the product and/or service within said 60 day period shall constitute your acceptance of the product and/or service. In the event you reject the product and/or service, you shall notify Logo Design Guru in writing of your rejection within said 60 day period, including a detailed explanation for such rejection, following which Logo Design Guru shall use commercially reasonable efforts to provide a substitute or replacement product or service as soon as practicable. Upon your written acceptance of the product or service, or any substitute or replacement product or service, Logo Design Guru shall release and deliver the same to you, to such location and in such format as agreed upon in your Contract. This project will be determined to be closed if we do not have written, phone or in person contact from 60 days from the last revision. The project may be re-opened only upon Logo Design Guru’s discretion.
Any notification in the Logo Design Guru panel to “finalize”, or written or verbal notification to “finalize” any project (logo design, stationery design, brochure design, graphic design, web design, web development, Search Engine Optimization, etc.) the project will be deemed “finalized” and “completed”. Logo Design Guru will send you your final files via email. Finalization or acceptance of any final files of any project will fulfill Logo Design Guru’s Satisfaction Guaranteed policy.
CUSTOM LOGO DESIGN DELIVERY
Our standard delivery time for first drafts and revisions is three (3) to five (5) business days. Expedited projects will be delivered next business day (not including major holidays). Packages that include stationery design will also have next day turnaround time if a customer purchases the expedited service.
GRAPHIC/BROCHURE DESIGN DELIVERY
Our standard delivery time for first drafts is five (5) to seven (7) business days. Our standard delivery time for brochure revisions is three (3) to five (5) business days. Expedited projects will be delivered next business day (not including major holidays).
WEB DESIGN DELIVERY
Our standard delivery time for your first draft and new concepts is five (5) to seven (7) business days. Our standard delivery time for web revisions is three (3) to five (5) business days. Customers requiring expedited service for first draft and template revisions (two day business day service for first draft, and one day for template/web concept revisions, not including major holidays) require an additional $300 fee. Customers requiring expedited service for content integration and text revisions on their website (two day business day service for initial content integration, and one day for text changes/ revisions, not including major holidays) require an additional $50 per page fee.
SATISFACTION GUARANTEED PROVISION
The “satisfaction guarantee” means that all reasonable efforts will be made to create a website and logo that meets your reasonable specifications within the confines of each package. This means that if you are still not satisfied after the number of redraws in the package you ordered and after all revisions have been made to your final logo selection, Logo Design Guru will attempt to create a design that will be acceptable to you. However, if a “reasonable person” defined under Pennsylvania law would be satisfied based on the design specifications you set out on the order form, we are not obligated to continue creating web designs. If you failed to provide “reasonable” information that will assist our designers in coming up with a design, then Logo Design Guru will not be held liable.
If Guru believes the “reasonable person” would have accepted the logos, your only recourse is to commence arbitration at your expense with an arbitrator sanctioned and approved by the American Arbitration Association or by the Better Business Bureau. Further, you agree that Logo Design Guru’s appearance at said arbitration can be via phone and that the arbitrator can only make a ruling requiring Logo Design Guru to create additional logo designs, refund your amount less the deductions noted in the payment paragraph, or rule that the current designs would have been accepted by a reasonable person. If the arbitrator rules that a reasonable person would not have been satisfied by our designs, Logo Design Guru will comply with any additional designs ordered to be created by the arbitrator. http://www.logodesignguru.com/Logo-design-packages/packages.asp
All references to Logo Design Guru, Inc web site addresses in this Agreement shall also include any successor or replacement web sites containing substantially similar information as the referenced web site(s).
You represent and warrant that you are the owner of or have the exclusive right to use any and all proprietary information you provide to Guru or refer to Guru in furtherance of or in connection with your Contract, including without limitation any and all trade names, photos, trademarks, copyrights, graphics, designs, logos, written content/copy for any use, to include copy for web design and brochures/flyers and similar materials or information. Logo Design Guru MAKES NO REPRESENTATION OR WARRANTY THAT IT HAS THE EXCLUSIVE RIGHT, TITLE AND INTEREST IN AND TO THE PRODUCTS AND/OR SERVICES PROVIDED TO YOU OR THAT SUCH PRODUCTS AND/OR SERVICES DO NOT AND WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. Guru WILL NOT TAKE ANY ACTION IN FURTHERANCE OF PROTECTING THE PRODUCTS AND/OR SERVICES TO BE DELIVERED UNDER YOUR CONTRACT, AND WILL DELIVER THE SAME “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY AS TO YOUR ABILITY TO USE SUCH PRODUCTS AND/OR SERVICES OR TO OBTAIN TRADEMARK, COPYRIGHT OR SIMILAR PROTECTION OF SUCH PRODUCTS AND/OR SERVICES, IN THE UNITED STATES OR ANY OTHER JURISDICTION.
Upon your acceptance of the product or service and Logo Design Guru’s receipt of payment in full therefor, Logo Design Guru will assign, convey, transfer and deliver all of its right, title and interest in and to the products and/or services developed by Logo Design Guru for you under the terms of your Contract. Any products or services, including samples, rejected or otherwise not delivered by Logo Design Guru and accepted by you shall at all times remain the property of Logo Design Guru and you shall have no right in or to such products or services.
Logo Design Guru retains and reserves the perpetual, royalty-free right to use any and all products and/or services developed by Logo Design Guru for display and self-promotional purposes, regardless of your acceptance and Logo Design Guru’s delivery of the same to you. Logo Design Guru specializes in designing custom logos. We can not grant requests duplicate any designs that have been previously designed by Logo Design Guru or any other company unless you can provide notarized written notice from an executive member of the company. Logo Design Guru will design a logo with a similar look and feel as the design you requested. Refunds will not be provided to companies who have ordered logos and did not receive an identical design to an already trademarked or designed logo. Logo Design Guru will work with your company to develop an original design you are satisfied with.
Logo Design Guru reserves the right, in its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your order for any product or service offered by Logo Design Guru, your Contract and/or your access to the Logo Design Guru Site web site, at any time and without prior notice. You agree that Logo Design Guru shall not be liable to you or any third party for any rejection, cancellation or termination of your order, your Contract or your access to the Logo Design Guru web site. In the event that Logo Design Guru rejects, cancels or terminates your Contract or your order for a reason other than your breach or non-performance under your Contract, Logo Design Guru will return any amounts prepaid by you relating to the rejected, canceled or terminated Contract or order. At Logo Design Guru, Inc and its officers' discretion, access to Logo Design Guru, Inc's services may be revoked at any time for abusive conduct on the system and/or the Internet and its resources as a whole. Sending spam (unsolicited email) from a domain or about a domain is considered abuse of the system and will result in the termination of your account. Logo Design Guru, Inc and its officers are deemed as sufficient authority to define abusive conduct to the system, and definitions may periodically change or be amended to previous ones.
DISCLAIMER OF WARRANTIES
YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, CODES, PRODUCTS, SERVICES, TEXT, GRAPHICS, LOGOS OR OTHER ITEMS AND MATERIALS PROVIDED OR MADE AVAILABLE BY Logo Design Guru ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY LAW, Logo Design Guru HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SUITABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. Logo Design Guru MAKES NO WARRANTY THAT ITS PRODUCTS OR SERVICES WILL BE PROVIDED IN A TIMELY AND SECURE MANNER, OR WITHOUT ERRORS OR DEFECTS, OR THAT ITS PRODUCTS OR SERVICES WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. Logo Design Guru DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE PRODUCTS OR SERVICES PROVIDED BY Logo Design Guru WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Logo Design Guru OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES), ARISING OUT OF OR RELATED TO YOUR CONTRACT, THESE TERMS AND CONDITIONS, OR THE PRODUCTS OR SERVICES PROVIDED BY Logo Design Guru TO YOU, EVEN IF Logo Design Guru HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN YOUR CONTRACT OR THESE TERMS AND CONDITIONS, Logo Design Guru’S LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE CONTRACT OR Logo Design Guru’S PROVISION OF PRODUCTS OR SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO Logo Design Guru UNDER YOUR CONTRACT OR FOR SUCH PRODUCTS OR SERVICES.
PRINTING LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Logo Design Guru OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY PRINTING DAMAGES WHATSOEVER, (to include for example, yet not excluding any other printing issues: color variation, product delivery, pricing, condition of product upon delivery, necessity or quality of printed proofs, typing or content errors) as they may relate to print services that have been fulfilled by vendors or companies outside of and for Logo Design Guru, inc. This includes any vendors that may be listed on Logo Design Guru.com.
Color variation from your computer screen (RGB) to printed colors (PMS/Pantone or CMYK) colors can vary significantly. Logo Design Guru highly recommends that you request a printed proof prior to finalizing or approving your print materials with your print vendor. Logo Design Guru does not provide printing services and therefore will not be responsible for providing refunds for designs or printed materials as a result of color variation, printing costs or any other printed expense after you have approved your final design.
You agree to indemnify and hold Logo Design Guru, its subsidiaries, affiliates, directors, officers, shareholders, agents and employees, harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys’ fees, incurred by Logo Design Guru in connection with a third party claim, demand or otherwise, due to, arising out of, related to or otherwise attributable to the actual or alleged infringement or violation of any intellectual property right asserted by a third party, or otherwise arising out of or related to (i) any materials or intellectual property provided by you in furtherance of the project contemplated by your Contract, or (ii) your use of any of the products or services provided by Logo Design Guru pursuant to your Contract.
COPYRIGHT AND TRADEMARK NOTICES
All intellectual property of Logo Design Guru, including all web site screens and portions thereof, graphics, original text elements, site design, logos, pictures and icons, as well as the selection, format and organization thereof, constitute proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Logo Design Guru in writing or otherwise required by applicable law, any rent, lease, sale, modification, duplication, distribution, alteration, retransmission or publication of any intellectual property or proprietary information of Logo Design Guru is strictly prohibited.
Copyright © 2003-2004 by Logo Design Guru.com, Inc. All rights not expressly granted herein are reserved.
These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws of the State of Pennsylvania. Under no circumstances shall the laws of any other state be applied, even where such a result would be implicated by conflict of law principles. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of the federal and state courts located in Pennsylvania regarding any and all disputes relating to your Contract or these Terms and Conditions.
These Terms and Conditions, together with your Contract, shall constitute the sole agreement and understanding between you and Logo Design Guru regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and Logo Design Guru regarding the subject matter hereof, whether written or oral, other than your Contract, are superseded by these Terms and Conditions. No agreement or other understanding other than your Contract purporting to modify these Terms and Conditions shall be binding upon Logo Design Guru unless otherwise agreed to by Logo Design Guru in writing. The failure of Logo Design Guru to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
Any questions concerning these Terms and Conditions should be directed to:
Logo Design Guru.com, Inc.s
Attention: Joe Witte
3000 Cabot Blvd, Suite 225
Langhorne, PA 19047
Phone: 877-525-LOGO(5646) (Mon-Fri, 9-5:30 pm EST) Fax: (215)-827-5299