Last updated: March 20, 2018
Please read this agreement carefully. This agreement is between you (the “User” or “you”) and marked.ly LTD. (“logobot”, “markedly”, or “we”).
This agreement is subject to change or modification of parts at any time and at our sole discretion. We will post the most recent version of this agreement on this website including the date of the last update. Any changes will be effective upon posting the revised version of the agreement. We encourage you to frequently check this page for any changes. Your continued use of our Site and Services after any changes to this agreement constitutes the acceptance of these amendments.
In case of any questions regarding this agreement please contact us.
We provide an online service with which Users are able to create and manage design assets. Users can use tools provided on the Site to create and customize own design assets, such as logos, design and brand guidelines, business cards, letterheads, envelopes, templates to use in software (the “Products”). You hereby acknowledge that we cannot and therefore do not guarantee Products to be unique.
You are required to pay for a Product in order to download it for any further use (commercial or personal). The required price to be paid is stated on the Site. If you have not paid the stated price you may not use any Product outside of the Site at all (that includes any commercial or personal use as well any usage in digital or physical application).
While using our Services we will show you multiple designs. You have no right to copy or to use these designs that are presented to you while using our Services in any way or form unless you have paid for it (see above). In the creation of designs we use a range of different design elements (symbols, icons, colours, fonts and other elements), which you may not use individually.
While using our site we may ask you to provide and input information in order to create a Product and which may become part of your Product. You are solely responsible for that the information (incl slogans, brand names, company names) you provide and you agree to abide by all applicable laws and that you are legally responsible for any information or content you provide. You are responsible for the accuracy and the adequacy for the information or content you provide. Under no circumstance are we liable nor responsible for any information or content you provide.
If you have purchased a Product you may use it for commercial or personal purposes outside of our Site. Prior to any usage we strongly recommend you to perform a thorough due diligence in order to determine that the use of the respective Product is free of any claims and is not subject to any third party rights. The usage of the Product is at your own risk, under no circumstances will markedly be liable for any damages incurred as a result of the usage of any Product.
We may use resources from third parties, eg icons or fonts. All use of these resources is at your own risk. You agree to abide to any right a third party may hold, copyright notices or trademark rules. You also agree to not use, copy, modify or change a resource nor to publish or distribute a resource in any way without the written consent of the respective owner of a resource and in any way that may violate a third party’s right. You also acknowledge that we will under no circumstances be liable in any way for any resource (including yet not limited to any loss or damage of any kind that may be a result of the use of any Product or design resource or any part thereof). Further, you agree that you are responsible to evaluate - prior to the usage of any Product or design or any part thereof - the existence of any third party right that may exist and that you assume any risk associated with that usage.
You acknowledge that we cannot and therefore do not guarantee to keep our Services, Site, or any Product available and accessible to you, which includes purchased Products as well.
In order to fully access our Services you are required to create a personal account. We provide you with access to such a personal account on our Site. When creating an account you agree to fully and accurately input and regularly update the requested information. If you fail to do so we reserve the right to cancel your personal account and you may lose all information, incl designs, that are linked to that account. You further agree to not share the account access information with any third party, to maintain the security of your password and accept all risks of unauthorized access. If you discover or suspect any security breaches, please let us know as soon as possible.
You acknowledge that we are in no way responsible nor liable for the information or content you provide in connection with your personal account and that we are not held responsible for any inaccuracy or damages caused by inaccuracies.
We encourage you to back up any Product and you accept responsibility for any content (incl Products) that may be unrecoverable or lost through your use of the Site and Services.
With the creation of a personal account on our Site you grant us a worldwide and royalty-free licence - and warrant that you have all rights necessary to do so - to host the designs created by the use of our Site.
You agree to the following:
PRICES AND REFUNDS
We will charge you for certain Services or Products a one-time fee or a subscription fee, which will be clearly stated on our Site. Before you use any Product outside of our Site you need to pay all applicable fees in advance. If you decide to purchase any Service or Product that we offer to buy you agree to let us and / or the third party service providers we use for payments to store and / or update your payment information, eg payment card information. You authorize us hereby to charge you the respective and stated fee for all Services or Products you want to purchase, any applicable taxes in connection with that purchase, and you agree to reimburse us for all costs (incl interest) due to overdue amounts.
All our fees are in EURO except when explicitly otherwise stated.
We reserve the right to change our fees at any given point in time at our sole discretion and upon notice if this change may affect your existing subscription.
We may offer promotional discounts at any point in time which we may end or restrict at any point in time without prior notice.
Our one-time fee payments are non-refundable. If you have reason to believe we have charged you in error, please get in touch with our customer service within 7 days after the payment date. If eligible we will cancel the charge under the limitations that the Product associated with the fee has not been downloaded or used outside the Site.
If you reject the charge of a payable fee we reserve the right to block your personal account including all designs associated with that account. We will provide the respective financial institution with any information to prove that you are responsible to pay the respective fee and agreed to the charge. We recommend to first contact us before rejecting a charge.
This Agreement - Terms of Service - will remain in full force and effect at any time and while you use our Site, Services and / or Products. We may suspend or terminate your right to use our Site, Services and / or Products if you violate this Agreement at any time and at our sole and absolute discretion.
Any disputes arising from this agreement will be governed by the laws of the United Kingdom.
You hereby agree to hold us and any affiliated person harmless from and against claims, actions, suits, losses, liabilities, judgements, settlement amounts, costs and expenses arising from or in connection with your use of our Site, Services or Products.
In case that we do not enforce any part of this agreement, this shall not be considered a waiver. If any part of this agreement is found to be unenforceable, the remaining agreement will remain in full force and effect.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
Our Site, Designs, Products, design elements, design resources, Services and / or any other content or product are provided “as is”, “as available”, “with all faults” and without any warranty of any kind, express or implied. You agree that your use of our Site and Services shall be at your sole risk. To the fullest extent permitted by law, we, our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Site and Services and your use thereof. We make no warranties or representations whatsoever regarding the accuracy of content or designs. Errors, mistakes, or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from your access to and your use of logobot will not, in any event, directly or indirectly be held against markedly, its officers, directors, employees or agents. We will not be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any unauthorized access to our use of our secure servers and / or any and all information (including personal information) stored there. We shall not be held accountable for any interruption or cessation of transmission to or from our Site, as well as any bugs, viruses, trojan horses that may be transmitted to or through our Site by any third party, and for any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via our Site. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that we are not liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with the user. We will not be in any way be responsible for monitoring any transaction between you and any third party providers of products or services. You should use your best judgement and exercise caution where appropriate. We will not bear any security risks regarding breach or damage to any user content. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party using our brand(s) or any hyperlinked website or feature in any banner or other advertising, and we do not make any representations that our Site is appropriate or available for use in all locations. Those who access or use logobot from jurisdictions that prohibit such use, do so at their own volition and are responsible for compliance with the respective local law. Neither we nor our third party content providers are liable for any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with use of logobot (including the use of the Products, which again includes any logo). Your sole and exclusive remedy is to cease using the Site, the Services and Products, incl designs.
Please get in touch with us using email@example.com
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