Logojuice terms and conditions of use

Logojuice is the trading name for LogoJam PTY LTD

Welcome to LogoJam! By using LogoJam, and signing up as a Client, you agree to be legally bound by these Terms and Conditions of Use. If you do not accept these Terms and Conditions, you may not use LogoJam service.

You agree that LogoJam has the right 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 or illegal. You acknowledge and agree that LogoJam 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 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 LogoJam, its users and the public.

1. LogoJam Service Generally

(a) Description. LogoJam services are offered online. Individuals or entities sign up with LogoJam as clients to commission LogoJam to design logo’s, stationery, brochures and buy print. To instruct LogoJam in their requirements clients submit a creative brief. Based on the creative brief LogoJam will produce original design options. The client selects one option either as the final design or can instruct LogoJam to make further changes. The number of editing rounds available depends on the package you have chosen. Regardless, additional editing rounds can be purchased.
(b) Creative Brief. You are solely responsible for preparing and posting your Creative Brief to the Web Site, including providing samples illustrating your Creative Brief and any relevant deadlines.
(c) Edits . When LogoJam provides you with an edited design, you’re responsible for reviewing them within 3 weeks. If you don’t respond to an edited design within 3 weeks you’ll be deemed to have accepted the Edits as is. If before this time you provide LogoJam with an Editing Brief, LogoJam will respond with edited designs.
(d) Refunds. If after we present original options you decide not to proceed, as long as you haven’t asked us to start the editing stage, we’ll unconditionally refund your money minus $60 processing fee. A refund request needs to be applied for within 3 weeks of the original options being posted on our site.
(e). Should you receive a refund, you acknowledge that you have no right to use any original artwork nor any ownership interest in the same.
(f) Timely Reponses. You need to respond to all notifications within 30 days. If after 30 days you’ve failed to respond, LogoJam will assume you’ve accepted the current design in its entirety and that your project is complete. Once complete LogoJam has not further obligation to you.

2. Eligibility to use LogoJam

(a) Eligibility Requirements. To register as a Client, you must be at least 18 years of age, agree to these Terms and Conditions, LogoJam' privacy policy and complete the registration. By registering as a Client, you warrant you meet these requirements. LogoJam may accept or reject your registration in its sole discretion.
(b) Prohibited Uses. You may not display or print the Web Site and in no event may you copy or distribute any of the content from this site. You agree to not transmit or communicate or store any material to LogoJam’s site that (i) is copyrighted, unless you are the copyright owner; (ii) is obscene, hateful, or embarrassing to any other person or entity; (v) is sexually-explicit; (vi) contains viruses, Trojan horses, worms, or any other computer programmes or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. (vii) attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Web Site.
(c) Web Site Security. You are prohibited from violating or attempting to violate the security of the Web Site, including, (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, by submitting a virus to, or overloading, "flooding", "spamming", "mail bombing" or "crashing", the Web Site; (iv) sending unsolicited email to any user of the Web Site, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. LogoJam will investigate violations and will cooperate with law enforcement authorities in prosecuting users involved in such violations. LogoJam reserves the right to review postings on the Web Site, to remove any postings, and to terminate your ability to communicate with, or post to, the Web Site at any time without notice, in its sole discretion. LogoJam will use commercially reasonable efforts not to disclose any information you communicate to the Web Site, but reserves the right to disclose such information to satisfy any applicable law, legal process or governmental request, and to edit, refuse to post or remove any information.
(e) Website Availability. LogoJam is not responsible for any delays, interruptions, errors or omissions contained in the Web Site. LogoJam shall make every reasonable effort to ensure our website is continually accessible. However technical or other circumstances may prevent availability. In such instances LogoJam is not responsible for any loss, cost, damage or liability resulting from any such interruption.

3. Registration, Password, User Identity

(a) Your Account. Once registered as a Client, you’ll create your user account. You are responsible for ensuring that the information you provide is true and correct.
(b) Passwords. You shall keep confidential your User Account and for the Web Site. You shall immediately notify LogoJam if you learn of or suspect: (i) any loss or theft of your User Identity, registration identification or password, or (ii) any unauthorized use of your registration identification or password or of the Web Site.
(c) Security Breaches. If any unauthorized person obtains access to the Web Site through an any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly inform LogoJam. You shall assist in any investigation relating to such unauthorized access.
(d) Security Risks. Credit card details are encrypted using SSL Prior to transmission.

4. Ownership; Rights to Use

(a) Web Site and Service Generally. LogoJam owns all the rights, title and interest in and to all copyright, trademark, or other intellectual property in and to the Web Site and Services. You shall not remove, conceal or alter any copyright notice, by-line information, disclaimer, restriction or other notice on the Web Site or any portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of LogoJam.
(b) Rights of Clients. Subject to your compliance with these Terms and Conditions, you shall own the final design provided to you by LogoJam. You shall not own any other designs, or content generated before this final design. You therefore acknowledge that LogoJam has a royalty-free, irrevocable worldwide right to use any Original Options and Edited Design Options other than the final design you chose. You acknowledge that your ownership rights under these Terms and Conditions are limited to the Final Design only. You acknowledge that LogoJam has no obligation to perform trademark, or copyright searches to validate the legality of your Final Design. You are therefore encouraged to perform your own independent searches regarding this. Furthermore, you acknowledge LogoJam shall have no responsibility or obligation of any kind to assist you in seeking any intellectual property protection.

5. Nondisclosure and Privacy

LogoJam intends to use commercially reasonable efforts to follow its privacy policy, as such privacy policy may be changed from time to time at LogoJam' sole discretion. However, LogoJam does not assume any responsibility or liability for any information submitted to the Web Site or for the use or misuse of any information submitted by you or any other person, including any information accessed by a hacker or by any other malicious act.

6. Disclaimers; Indemnification; Limitations of Liability

(a) Responsibility for Content. LogoJam shall not be responsible for any use that is made of the Web Site or the Service. LogoJam does not guarantee, the truthfulness, accuracy, or reliability of any information communicated through, or posted to the Service by Clients. LogoJam does not endorse any opinions expressed by any user of the Web Site. You agree you’re solely responsible for determining whether your use of any material will infringe any statutory or third-party intellectual property, privacy or publicity rights.
(b) Links to Third-Party Services. The Web Site may contain links to third-party web sites or other services. The Linked Content is not under the control of LogoJam and LogoJam is not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. LogoJam is providing Linked Content to you only as a convenience, and the inclusion of such Linked Content is not an endorsement by LogoJam of such Linked Content. If you decide to access any Linked Content, you do so at your own risk.
(c) Release from Claims. The Service serves solely as a venue for the creation of work and LogoJam does not regularly screen or censor any information or material posted to the Web Site. Although LogoJam makes commercially reasonable efforts to determine the identity of Clients, LogoJam cannot and does not confirm that any Client or other user is who they claim to be or that they have the qualifications the claim. LogoJam cannot be involved in user-to-user dealings or control the behaviour of participants on the Web Site, if you have a dispute with one or more users, you hereby release LogoJam (and our affiliates, agents and employees) from claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
(d) Indemnification. You hereby indemnify and hold harmless LogoJam and its subsidiaries, affiliates, officers and employees from any action, claim or liability arising from your violation of any of these Terms and Conditions or use of the Web Site, and any expenses in connection therewith, including reasonable attorneys' fees.
(e) Limitation of Damages. In no event will LogoJam be liable to you or any other person for consequential or incidental damages arising from or in any way related to the web site.

7. Communication

By using the LogoJam Service, you agree to receive, via email or otherwise, status notifications, a monthly newsletter, and carefully selected special offers and promotions for certain products and services that we believe could be of value to our Clients. This is essential to maintaining the low-cost of our services. You’re free to unsubscribe from any newsletters we send to you at any time. LogoJam may or may not use a third party to send email or otherwise contact you, however, your personal identifying information will never be disclosed or shared with another party in a manner inconsistent with LogoJam' privacy policy.

8. Other Provisions

(a) Entire Agreement. These Terms and Conditions set forth the entire agreement and understanding of the parties and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings (excluding any associated agreements required by LogoJam (e.g., privacy policy) as a condition precedent to Clients' use of the Service), between you and LogoJam regarding the subject matter of these Terms and Conditions.
(b) Amendment. No modification, amendment, or waiver of these Terms and Conditions or any part hereof shall be binding unless evidenced in writing and signed by LogoJam.
(c) Severability. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then that provision is null and void, but any remaining provisions shall continue in full force without being impaired or invalidated in any way.
(d) Mutual Participation. The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favour of either party hereto.
(e) Assignment. You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless LogoJam 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. LogoJam may assign or otherwise transfer any of its rights or the performance of any of its duties without your consent.
(f) Capacity. The parties hereby warrant and represent that they have all necessary rights and authority to execute these Terms and Conditions and to fulfil their obligations hereunder.