By using LogoBench, Inc and signing up as a Client, you agree to be legally bound by these
Terms and Conditions of Use, including those terms and conditions incorporated by reference.
Please read these Terms and Conditions carefully. If you do not accept these Terms and
Conditions, you may not use the LogoBench, Inc service. By placing any order with LogoBench,
Inc you agree to all our terms and it is your responsibility to read our terms. LogoBench, Inc
may revise these Terms and Conditions at any time by updating this posting. You should visit
this web page periodically to review the Terms and Conditions, because they are binding on
you. In these Terms and Conditions, all services provided by and related to LogoBench, Inc and
all text, images, photographs, user interface, "look" and "feel", data and other content included
at https://www.logobench.com/ from time to time (including, without limitation, the selection,
coordination and arrangement of such content) are sometimes referred to as the "Web Site"
You acknowledge and agree that LogoBench, Inc shall have the right (but not the obligation)
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, including,
without limitation, projects or content that is illegal, obscene, indecent, defamatory, incites
religious, racial or ethnic hatred, or violates the rights of others. Activity that is brought to our
attention which appears in our sole judgment to violate the law will be brought to the attention
of the proper authorities. You acknowledge, consent and agree that LogoBench, Inc. 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 access preservation or 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 LogoBench, Inc its users and
LogoBench, Inc. Service Generally
(a) Description. LogoBench, Inc Service is an online service where individuals or entities
that have signed up with LogoBench, Inc as clients (each, a "Client") can post specific
assignments and project descriptions, including illustrative samples or other media (each,
a "Creative Brief"), revise those Creative Briefs (each, a "Revision Brief") and obtain
responses (each, a "Response") to those Creative or Revision Briefs from design experts
retained by LogoBench, Inc ("Members"). LogoBench, Inc will provide you, as the Client, the
Service according to the Package you have chosen as detailed in section 1(e) below. Your
Responses will be created iteratively through a drafting cycle of Creative Briefs, Revision Briefs
and Responses, ultimately resulting in a final Response conforming to your various Creative and
(b) Creative Brief and Responses. You are solely responsible for preparing and posting detailed
descriptions of each of your Creative Briefs to the Web Site, including providing samples
illustrating your Creative Brief and any relevant deadlines. For each Response to a Creative Brief
that you want to receive, a term sheet (a "Term Sheet") will be generated that will contain, and
be subject to, the terms and conditions you have established for the Creative or Revision Brief.
LogoBench, Inc is under no obligation to review a Creative or Revision Brief or Term Sheet for
any purpose, including accuracy, completeness of information, quality or clarity. LogoBench, Inc
may decide, in its sole discretion, to deny a Creative or Revision Brief or a Term Sheet.
(c) Reviewing Responses. When LogoBench, Inc provides you with a Response, you are
responsible for reviewing the Response. If you fail to promptly inform LogoBench, Inc that the
Response is not reasonably responsive to the related Term Sheet or Creative Brief, you will be
deemed to have accepted the Response. If you notify LogoBench, Inc that you think a Response
is not reasonably responsive to the related Creative Brief, you shall then submit to the Web
Site a Revision Brief containing information regarding amendments or modification to be made
to the initial Response. After you provide LogoBench, Inc with a Revision Brief, LogoBench,
Inc will provide you with a subsequent Response that conforms to the additional criteria you
requested. LogoBench, Inc is not responsible for the content of Responses developed to the
extent that such Responses are prepared to conform to your Creative or Revision Briefs.
(d) Revision Cycles. Revision cycles generally consist of unlimited additional compositions
that incorporate changes you request in a Revision Brief. The purpose of the revision process
is to create Responses that move your project forward in the specific direction you have
determined. You may request significant changes in the first and second cycles, and the
Responses generated might be quite different in nature from the original composition you
selected. By the third revision request, your requests shall be modifications of the current
composition only. Revision requests that depart from the then-current composition will be
honored and completed in a timely manner, however; LogoBench, Inc reserves the right
to charge $50 for each such Revision. No revision work, which requires payment, will be started
without your authorization.
(e) Packages. You may select from the following Service Packages: logo design packages
Logo Startup Design Package | Logo Classic Design Package | Logo Premium Design Package
| Logo Unlimited Design Package
(f) Client Accounts. When you register for the Service, you must pay for the Service via
credit card, or other payment method authorized by LogoBench, Inc. You will be charged for
the Package you have selected along with and additional products and/or services you select
as add-ons. If you pay by credit card, you will be required to provide a valid credit card number
and credit card billing address when registering as a Client. LogoBench, Inc will email you a
receipt for the transactions in which you are involved. Our fee policy for Clients may change
and we may decide to impose additional fees on Clients at any time; however, such additional
fees will not apply to projects submitted before LogoBench, Inc implements any such change in
LogoBench, Inc. REFUND POLICY
(a)MoneyBack Guarantee is valid till 30days of order placement, provided that other terms are applied.
In result of unsatisfactory designs, you can claim your refund via three modes
i)Toll Free # 877-326-0220
iii)Email us on any official ID
If you are not satisfied with the initial Responses provided by LogoBench, Inc, there is no refund if your project moves to round two of logo alterations. You may request a refund by completing the Refund Request form, which will be provided to you upon request. Upon timely receipt of the request, LogoBench, Inc will refund the total payment made by you, less a service and processing fee of 10% on package amount.
There are no refunds for any rush service charges. 24 hour design fees and 24 hour rush changes are non-refundable.
In case of refund approval, client will get his amount credited back within next 6-7 Business Days.
We won't entertain or refund any orders if the client stays non-responsive for 45 Days but client can send us an email to hold the project if there is some personal issue. Also if the client is non-responsive for more than 60 Days then the client has to pay an extra caution fee i.e. $150 for re-initiating the project.
Incase if client wants to forfeit the website portion of the package after 30days, refund won't be applicable; though we can hold the project in such case and the client can come later and get the project started again
Furthermore, customer shall forfeit the right to the refund outlined above if customer request additional revisions (1 or more design changes regardless of the complexity) or modifications to any of the initial concepts. You shall also forfeit the right to a refund if you do not respond in a timely manner to a status notification from LogoBench, Inc.
Should you receive a refund, you agree that your acceptance of the refund shall constitute your sole and exclusive remedy with respect to related Responses. Additionally, you acknowledge that you will have no right (express or implied) to use any Response or other work product, content, or media, nor will you have any ownership interest in or to the same.
(j) In case of finalizing one part of the order the customer won't be eligible for a refund for the rest of the remaining package.
Disclaimers; Indemnification; Limitations of Liability
(a) Responsibility for Content. LogoBench, Inc shall not be responsible for any use that is or is
not made of the Web Site or the Service. Without limiting the foregoing, LogoBench, Inc
makes no representations, warranties or covenants regarding, and does not guarantee, the
truthfulness, accuracy, or reliability of any information or other material (including,
without limitation, any Creative Brief, Term Sheets, Responses or User Identity) that are
communicated through, or posted to, the Service, whether by Members, Clients, LogoBench,
Inc or otherwise, nor does LogoBench, Inc endorse any opinions expressed by any user of the
Web Site, including any Member or Client. Without limiting the foregoing, LogoBench, Inc
makes no representations, warranties or covenants regarding the validity of the rights to
Responses granted pursuant to these Terms and Conditions. You acknowledge that any reliance
on information or other material, including, without limitation, any information related to a
particular Package or your project, Term Sheet, Response or User Identity, communicated
through the Service, or posted to the Web Site, will be at your own risk. Without limiting the
foregoing, you agree and acknowledge that you use each Response at your own risk and that
you are responsible for taking any actions you deem reasonable to determine whether your use
of a Response will infringe any statutory or third-party intellectual property, privacy or publicity
rights. Photos / Images: LogoBench, Inc shall not be responsible for any use of photos that are
not royalty free. It is the clients' responsibility to purchase and pay for all rights to use
any photos, images, graphics, icons, logos, and/or designs for any designs created by
LogoBench, Inc for the client. This includes websites, website templates, brochures,
business cards, postcards, stationery, signage, animations, commercials, slogans, flyers,
banners, stickers, promotional items, and/or desktop wallpapers.
(b) Links to Third-Party Services. 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 LogoBench, Inc and LogoBench, Inc is not responsible for the Linked Content, including,
without limitation, links contained in the Linked Content, or any changes or updates to Linked
Content. LogoBench, Inc is providing Linked Content to you only as a convenience, and the
inclusion of such Linked Content is not an endorsement by LogoBench, Inc of such Linked
Content. If you decide to access any Linked Content, you do so at your own risk.
(c) Disclaimer of Warranties. THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS."
LogoBench, Inc MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER
TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY
PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE
DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE, INCLUDING ANY TERM SHEET, RESPONSE,
USER IDENTITY OR LINKED CONTENT. LogoBench, Inc DISCLAIMS, TO THE MAXIMUM EXTENT
PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER
EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LogoBench,
Inc DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL
(i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
(ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS;
(iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEB
SITE, OR ANY PART THEREOF;
(iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEB SITE; AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NON- PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY LogoBench, Inc OR ANY THIRD PARTY. FURTHERMORE, THERE IS NO WARRANTY THAT THE WEB SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
(d) Release from Claims. The Service serves solely as a venue for the creation of work and
LogoBench, Inc does not regularly screen or censor any information or material posted to the
Web Site. Although LogoBench, Inc makes commercially reasonable efforts to determine the
identity of Clients, LogoBench, Inc cannot and does not confirm that any Client or other user
is who they claim to be or that any Client or other user has the qualifications he or she claims
to have. Because LogoBench, Inc does not and cannot be involved in user-to-user dealings or
control the behavior of participants on the Web Site, if you have a dispute with one or more
users, you hereby release LogoBench, Inc (and our affiliates, agents and employees) from
claims, demands and damages (actual and consequential, direct and indirect) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes.
(e) Indemnification. You hereby agree to defend, indemnify and hold harmless LogoBench, Inc
and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees
from any action, claim, demand, or liability arising from or relating to your violation of any of
these Terms and Conditions or use of the Web Site, and any expenses incurred in connection
therewith, including, without limitation, reasonable attorneys' fees.
(f) Limitation of Damages. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE
TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY,
PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEB
SITE, INCLUDING ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OR ANY OTHER
CONSENT (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) EVEN IF LogoBench, Inc
OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
LogoBench, Inc ' TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT
YOU PAID TO LogoBench, Inc FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS.
(g) Web Site Domain Name Registration (URL): LogoBench, Inc is not responsible for any domain
name registration. LogoBench, Inc will only register your domain name once your project
has entered the web site design department. LogoBench, Inc will not be responsible if your
domain name has been registered after you have placed your order. It is your responsibility
to secure your own domain name before you order our web design package. IN NO EVENT
SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR
CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES
ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE, INCLUDING ANY PART THEREOF,
OR THESE TERMS AND CONDITIONS OR ANY OTHER CONSENT (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) EVEN IF LogoBench, Inc OR ANY THIRD PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. LogoBench, Inc ' TOTAL LIABILITY
FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO LogoBench, Inc FOR
YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS.
Eligibility, Access, Use and Service
(a) Eligibility Requirements. To register as a Client, you must be at least 18 years of age, agree
procedure. By registering as a Client, you represent and warrant that you meet these eligibility
requirements, that the information you include as part of the registration process is complete
and accurate and, if you are registering on behalf of an entity, that you are authorized to
bind that entity to these Terms and Conditions. LogoBench, Inc may accept or reject your
registration in its sole discretion.
(b) Authorization to Use; Permitted Uses. You may access and use the Service solely in
accordance with these Terms and Conditions and any posted policies and procedures that
appear on the Web Site. You may provide Creative Briefs and obtain Responses only if you
register as a Client. Any use of the Web Site is at your sole risk and responsibility. Subject to
these Terms and Conditions, you may
(i) display the Web Site on an Internet access device, and
(ii) on an occasional, infrequent and ad hoc basis, and only in circumstances that constitute "fair
use" under United States copyright law, print copies of insubstantial portions of the Web Site.
(c) Prohibited Uses. Except as expressly permitted in these Terms and Conditions, you
may not display or print the Web Site and in no event may you broadcast, circulate,
distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create
decorative works from the Web Site. Additionally, you agree to comply with all applicable
laws (including, without limitation, any applicable export controls) in connection with your
use of the Service, and with such further limitations or rules as may be set forth on the Web
Site. Without limiting the foregoing, you agree not to transmit, distribute, post, communicate
or store information or other material on, to or through the Web Site that
(i) is copyrighted, unless you are the copyright owner;
(ii) reveals trade secrets, unless you own them;
(iii) infringes on any other proprietary or intellectual property rights of others, on the privacy or publicity rights of others, or any statutory right;
(iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity;
(v) is sexually- explicit;
(vi) constitutes advertisements or solicitations of business, chain letters or pyramid schemes; or
(vii) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You further agree not to
(a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Client;
(b) delete or revise any material or other information of any other user of LogoBench, Inc ; (c) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure;
(d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Web Site;
(e) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web Site, other than the search engine and search agents available from LogoBench, Inc on the Web Site and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer and Netscape Navigator); or
(f) 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.
(d) Web Site Security. You are prohibited from violating or attempting to violate the security
of the Web Site, including, without limitation,
(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, including, without limitation, by way of 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; or
(v) forging any TCP/IP packet header or any part of the header information in any email or posting generated in connection with the Service. Violations of system or network security may result in civil or criminal liability. LogoBench, Inc will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. LogoBench, Inc 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. LogoBench, Inc will use commercially reasonable efforts not to disclose any information you communicate with, or post to, the Web Site, but reserves the right to disclose such information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request, and the right to edit, refuse to post or to remove any information or materials, in whole or in part.
(e) Operation of Web Site. LogoBench, Inc shall not be responsible for any delays or
interruptions of, or errors or omissions contained in, the Web Site. LogoBench, Inc reserves the
right, but shall not be required, to correct any such delays, interruptions, errors or omissions.
Although LogoBench, Inc intends to use commercially reasonable efforts to make the Web Site
and Service accessible, LogoBench, Inc makes no representation, warranty or covenant that
the Web Site or Service will be available at all times or at any time. Various circumstances may
prevent or delay availability, including telecommunications and/or server problems. LogoBench,
Inc may at any time discontinue the Web Site in whole or in part, may change or eliminate any
transmission method, and may change transmission speeds or other signal characteristics.
LogoBench, Inc shall not be responsible for any loss, cost, damage or liability that may result
from any of the circumstances, actions or inactions described in this paragraph.
Registration, Password, User Identity
(a) Your User Identity. When you register as a Client, you will create a user identity (your "User
Identity"), which will be your identity for purposes of interacting with other users through the
Web Site. Your User Identity will include certain personal information, such as, the industry
in which you operate. However, your user name need not be your real name. During
the registration process, the fields requesting information that will be made available to
others as part of your User Identity are identified. You are responsible for ensuring that you
are comfortable making such information available to other Web Site users.
(b) Access Numbers, Passwords, and Password Access. You shall keep confidential, shall not
disseminate, and shall use solely in accordance with these Terms and Conditions, your User
Identity, registration identification and password for the Web Site. You shall immediately
notify LogoBench, Inc 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. In the event of such loss, theft, or unauthorized use, LogoBench, Inc may impose on you, at LogoBench, Inc ' sole discretion, additional security
(c) Security Breaches and Revision. If any unauthorized person obtains access to the Web
Site as a result of 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 LogoBench, Inc You shall
otherwise cooperate and assist in any investigation relating to any such unauthorized access.
Ownership; Rights to Use
(a) Web Site and Service Generally. Except as expressly contemplated under these Terms
and Conditions, as between LogoBench, Inc and you, LogoBench, Inc will own all right, title
and interest in and to all copyright, trademark, service mark, patent, trade secret or other
intellectual property and proprietary rights in and to the Web Site and Service, in all media now
known or later devised, to the fullest extent provided under Canadian and international law.
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 LogoBench,
Inc ., including "LogoBench, Inc .", without the prior written consent of LogoBench, Inc , as
determined in its sole discretion, for each such use.
(b) Creative and Response Briefs. Upon submission of a Creative or Response Brief or any other
information or media provided by you in connection with your use of the Service (collectively,
the "Client Information"), LogoBench, Inc and its agents shall have all rights and licenses
necessary to use such Client Information for the purpose of obtaining Responses and
for archival purposes. Each Member to whom your project is made available has the right to
review and display the relevant Term Sheet for purposes of preparing a Response.
(c) Rights of LogoBench, Inc. Upon your submission of Client Information to the Service,
you grant LogoBench, Inc a royalty-free, perpetual, irrevocable, sub-licensable , exclusive,
worldwide right (including any moral rights) and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, communicate to the public, perform
and display (in whole or in part), and/or incorporate in other works, in any form, media, or
technology now known or later developed, such Client Information, for the full term of any
intellectual property rights that may exist in such Client Information to the extent necessary to
provide you with the Service and Responses.
(d) Rights of Clients. Subject to your compliance with these Terms and Conditions, you shall
own the final the Response composition provided to you by LogoBench, Inc. (the "Final
Product"). You shall not, however, own any materials, media or other content generated during
any revision cycles leading up to the Final Product, and LogoBench, Inc expressly reserves
all right, title and interest in and to the same. You acknowledge and hereby grant to LogoBench,
Inc a royalty-free, irrevocable exclusive worldwide right to use Creative and Revision Briefs,
individual Responses provided to you, and Final Product for internal and archival purposes,
and in order to display and promote the LogoBench, Inc Service. LogoBench, Inc retains the
rights to all artwork concepts and other content not selected by you. You acknowledge that
your ownership rights under these Terms and Conditions are limited to the Final Product,
and that no trademarks or service marks in or to any Final Product are being conveyed under
these Terms and Conditions. You hereby acknowledge that LogoBench, Inc shall have no
obligation or duty to perform trademark, service mark or copyright searches or inquiries, or
the like, in order to validate the propriety or legality of the Final Product. Accordingly, you
are encouraged to perform your own independent searches with regard to the Final Product.
Furthermore, you acknowledge that LogoBench, Inc shall have no responsibility or obligation of
any kind to assist you in seeking state or federal intellectual property protection (i.e., without
limitation, trademark or copyright registration) for the Final Product, nor shall LogoBench, Inc
be responsible for otherwise assisting you in any way in your attempt to perfect your rights in
or to the Final Product.
Nondisclosure and Privacy
LogoBench, Inc. intends to use commercially reasonable efforts
LogoBench, Inc ' sole discretion. Notwithstanding the foregoing, LogoBench, Inc cannot and
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,
without limitation, any information accessed by a hacker or by any other malicious act.
By using the LogoBench, Inc 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 are free to unsubscribe from
any newsletters we send to you at any time. LogoBench, Inc 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 LogoBench, Inc '
(a) Entire Agreement. These Terms and Conditions set forth the entire agreement and
understanding of the parties with respect to the subject matter hereof 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 LogoBench,
and LogoBench, Inc 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 LogoBench, Inc.
(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 such provision shall be deemed null
and void, but the 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 favor of either party hereto.
(e) Headings. The section headings and other headings contained herein shall not affect the
meaning or interpretation of these Terms and Conditions.
(f) Choice of Law; Forum. These Terms and Conditions shall be governed by the law of
Quebec, 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 disputes arising
out of or relating to these Terms and Conditions shall be submitted to the federal courts
having jurisdiction in Montreal Canada or courts having jurisdiction in the area in which such
federal courts have jurisdiction, and the parties consent to the personal jurisdiction of such
courts with respect to such disputes.
(g) Assignment. You may not assign or otherwise transfer (by operation of law or otherwise)
any of your rights or duties hereunder unless LogoBench, Inc agrees in writing after receiving
prior written notice. Any attempted assignment or other transfer without the requisite consent
shall be null and void. LogoBench, Inc may assign or otherwise transfer any of its rights or the
performance of any of its duties without your consent.
(h) Waiver. The waiver by LogoBench, Inc of a breach or a violation of any provision of these
Terms and Conditions shall not operate as or be construed to be a waiver of any subsequent
breach or violation of any provision of these Terms and Conditions.
(i) Independent Contractors. The parties and their respective personnel are and shall be
independent contracts and neither party by virtue of these Terms and Conditions shall have
any right, power or authority to act or create any obligation, express or implied, on behalf of
the other party.
(j) Force Majeure. If the performance of any part of these Terms and Conditions by either
party is prevented, hindered, delayed or otherwise made impracticable by reason of any
flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes
beyond the control of either party, that party shall be excused from such to the extent that
such performance is prevented, hindered or delayed by such causes.
(k) Capacity. The parties hereby warrant and represent that they have all necessary rights and
authority to execute these Terms and Conditions and to fulfill their obligations hereunder.
(l) Further Assurances. The parties hereto shall, at their own cost and expenses, execute and
deliver such other documents, artwork, programming code and instruments and shall take such
other action as may reasonably be required or appropriate to evidence or carry out the intent
and purposes of these Terms and Conditions. Please Note: By placing an order with LogoBench,
Inc, you are accepting all the above terms. It is your responsibility to read and understand our
terms and conditions.