Updated February 15, 2018




TERMS OF USE

These Terms of Use (these "Terms") constitute an agreement between you and LogoMix Inc. (“LogoMix”) owned by Deluxe Small Business Sales, Inc. ("Deluxe") and govern your use of our websites (the “Sites”), and any products or services made available from time to time by means of any of these websites (the “Services”). By using any of the Sites or Services, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms.

1.OUR SERVICES. The Sites offer Services for free and for payment, as described below. We may add, remove or modify Services from time to time.

(a) Free ServicesFor free, you can produce, review and edit a logo or other design (“Design”) incorporating content that you provide (“Your Content”), together with content that we provide (“Our Content”).

(b) Paid Services. For payment, you can (i) acquire the right to use the Design in your business (“Usage Rights”), (ii) obtain products that display the Design (“Merchandise”), or (iii) use other Services, as available from time to time.

(c) Service Providers. We engage third party service providers (“Service Providers”) from time to time to provide certain Services. When you use these Services, you agree to be bound by and comply with any additional terms of service of such Service Providers, which will constitute independent agreements between you and the applicable Service Provider. In addition, any personal data collected while you use such Services will be subject to the respective privacy policies of such Service Providers. Current Service Providers, and links to their respective terms of use and privacy policies, are set forth below. We may change this list of Service Providers and Services, and our Service Providers may change their respective terms of use or privacy policies, from time to time. We may also use Service Providers that are not listed below.

Services

Service Providers

Terms of Use

Privacy Policy

Notes

Domain registration, DNS and email hosting

Gandi SAS

http://www.gandi.net/contracts/all_contracts/

http://www.gandi.net/static/pdf/en/Privacy_Policy_US_V1.0.pdf

The domain name registration services available on the Sites are provided through Gandi SAS, which is an accredited registrar. LogoMix is not the domain name registration service provider of any domain names supplied by means of this Site and is not itself an accredited registrar. To view a statement of Registrants' Benefits and Responsibilities promulgated by The Internet Corporation for Assigned Names and Numbers (ICANN), please see https://www.icann.org/resources/pages/benefits-2013-09-16-en. For Registrant Educational Information provided by ICANN and a summary of the Registrar Accreditation Agreement and related Consensus Policies, please see http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm.

GSuite

Google, Inc.

https://www.google.com/apps/intl/en/terms/premier_terms_ie.html

https://www.google.com/intl/en/policies/privacy/

Additional terms of use may be provided during the GSuite account activation process.

Website hosting and editing

Weebly

https://www.weebly.com/terms-of-service

http://www.weebly.com/privacy/#


Online Business Listings

Uberall

https://uberall.com/en-gb/company/terms-conditions

https://uberall.com/en-gb/company/privacy-policy

Additional information may need to be provided to Uberall in setup



2. LICENSES.  

(a) LogoMix grants you a non-exclusive, non-transferrable revocable license to access and use the Sites to create, modify and review Designs and purchase Merchandise or other Materials (as defined below) displaying your Designs and to use other Services available from time to time.  If you purchase Usage Rights, LogoMix also grants you a non-exclusive, non-transferrable, non-assignable license to use the Design in your business, provided that any use of Our Content shall be permitted only to the extent incorporated in a Design.  If you have not purchased Usage Rights, you are expressly prohibited from copying, downloading or otherwise using the Design other than for purposes of reviewing or editing it on the Sites, or to order Merchandise or other Materials displaying the Design.

(b) You grant to LogoMix and its affiliates, and their respective successors, assigns, contractors and/or sublicensees, a perpetual, irrevocable, royalty-free, worldwide, assignable, transferrable, non-exclusive right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use Your Content, including any text, images and other design elements that you provide, in any formats or media now known or hereafter devised, for the purposes of providing you with and/or promoting our Services.  

If we believe at any time, in our sole discretion, that your use of any Services, or any Design, Merchandise or other materials or work product created using our Services (collectively, “Materials”), violates these Terms or could give rise to legal liability, we may require, without limitation of our other rights or remedies at law, in equity or hereunder, that you cease to use the applicable Services and/or Materials; provided, however, that if the reason that we require you to cease use of any Services or Materials results solely from your use of Our Content in accordance with these Terms, we will, as our sole liability in connection therewith, refund to you any fees that you paid to use the applicable Services or purchase the applicable Merchandise or other Materials.

(c) All rights that we do not expressly grant in these Terms are reserved by us. 

3. AUTOMATIC RENEWAL.  CERTAIN SERVICES MAY BE SUBJECT TO AUTOMATIC RENEWAL, ON EITHER A MONTHLY OR ANNUAL BASIS. UNLESS YOU CANCEL SUCH SERVICES ON THE SITES BY EMAILING CUSTOMER SERVICE OR USING ANY CANCELATION MECHANISMS PROVIDED ON THE SITES, YOUR CREDIT CARD ON FILE WILL BE CHARGED A SPECIFIED AMOUNT BOTH WHEN YOU SIGN UP FOR THE SERVICES AND EACH TIME THAT THEY RENEW.

List of subscription services may include:

Website
Domain
Business email from Google
Business Email
Website Builder & Hosting
Business Email, Website Builder & Hosting
Do It Yourself Website Package
Custom Website Content and SEO Package
Deluxe Branding Toolbox - Custom Website
Starter Custom Website
Deluxe Custom Website Content and SEO Package
Upgraded Do It Yourself Website Package
Upgraded Website Builder
Online Business Listing

4. USER CONDUCT.  In using the Sites, Services and any Design, you agree that you will not:

(i) violate any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities or any third party terms and conditions applicable to any Services that you use;

(ii) create or use any Design, order any Merchandise or other Materials or otherwise use any Services in a manner that is: unlawful (or promotes unlawful activities); harmful; threatening; fraudulent, deceptive or misleading; harassing; discriminatory; libelous; defamatory; vulgar; pornographic; obscene; in violation of another's right of privacy, publicity or other rights; in violation of any contractual or fiduciary obligations; or infringing on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “Intellectual Property Rights”) of any third party; or otherwise objectionable;

(iii) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;

(iv) violate or attempt to violate the security of the Sites or Services;

(v) reverse engineer, decompile or disassemble any portion of the Sites or Services;

(vi) “scrape” information from the Sites or Services by automated means;

(vii) interfere with the ability of others to use the Sites or Services;

(viii)use, redistribute or resell any of Our Content on a standalone basis (separate from a Design); or

(ix) retain, copy, distribute, publish, or use any Design or Our Content except as expressly provided in these Terms.

5. PROPRIETARY RIGHTS.  LogoMix and/or its licensors or Service Providers own the Sites and Services, including Our Content and any and all graphics, photographs, images, artwork, text, fonts, software and other technology, and the contents, design, layout, functions, appearance and other intellectual property, comprising the Sites, Services and Our Content.  The foregoing ownership rights include all Intellectual Property Rights inherent in or appurtenant to the Sites, Services and Our Content.  You retain all ownership of Your Content.  Subject to your ownership of Your Content, and any licenses expressly granted by us to you hereunder, we and/or our licensors shall retain all right, title and interest in and to the Design and Our Content, including all Intellectual Property Rights therein. You agree that you will not take any action, or use the Sites, Services or any Design in a manner, that jeopardizes or infringes the Intellectual Property Rights of us, any of our licensors, Service Providers, customers, or any other person or entity.

6. REPRESENTATIONS AND WARRANTIES. You represent, warrant and covenant (a) that you and Your Content will comply with all of the requirements set forth in these Terms, (b) that you own all Intellectual Property Rights in Your Content and have the right to provide Your Content to the Sites for use in creating a Design or other Materials and using that Design or other Materials in connection with any Services or Merchandise or other Materials, or as otherwise contemplated herein, and (c) that you are at least eighteen (18) years old.

7. INDEMNITY.  You agree to indemnify, defend and hold harmless LogoMix and its affiliates, and their respective licensors and Service Providers, and all officers, directors, owners, agents, or licensors of any of the foregoing (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities and costs, including reasonable attorneys' fees, sustained by any of the Indemnified Parties in connection with any claim arising out of Your Content, your use of a Design, including in any Merchandise or other Materials, and your use of any Services, or any breach by you or any user of your account of these Terms or any applicable terms of use of a Service Provider. You shall cooperate as fully as reasonably required in the defense of any such claim. LogoMix reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

8. DISCLAIMERS; LIMITATIONS OF LIABILITY.

(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, SERVICES AND MERCHANDISE AND ANY OTHER MATERIALS. THE SITES, SERVICES, MERCHANDISE AND OTHER MATERIALS, OUR CONTENT (WHETHER PROVIDED PURSUANT TO YOUR INSTRUCTIONS OR REQUEST OR OTHERWISE), AND ANY DESIGNS OR OTHER MATERIALS GENERATED USING THE SITE, ARE PROVIDED "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND LOGOMIX AND ITS AFFILIATES AND THEIR RESPECTIVE SERVICE PROVIDERS DISCLAIM ALL SUCH REPRESENTATIONS OR WARRANTIES.  WITHOUT LIMITATION OF THE FOREGOING, LOGOMIX PROVIDES NO WARRANTY THAT ANY DESIGNS CREATED USING THE SITES WILL NOT INFRINGE, OR BE SUBJECT TO A CLAIM OF INFRINGING, THE INTELLECTUAL PROPERTY RIGHTS OF ANOTHER PARTY. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, LOGOMIX DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE USE OF ANY DESIGNS.

(b) OTHER CUSTOMERS USE OUR CONTENT TO CREATE LOGOS AND OTHER DESIGNS.  THEREFORE, WE CANNOT GUARANTEE THAT YOUR DESIGN WILL NOT BE THE SAME AS, OR SIMILAR TO, DESIGNS THAT HAVE BEEN, OR WILL BE, CREATED BY OTHERS, OR THAT YOUR DESIGN DOES NOT OR WILL NOT INFRINGE ON ANYONE ELSE’S TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHTS.  YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF A DESIGN DOES NOT INFRINGE ON ANYONE ELSE’S TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHTS.

(c) IN NO EVENT SHALL LOGOMIX OR ITS AFFILIATES OR THEIR RESPECTIVE SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SITES OR SERVICES, OR ANY DESIGNS OR MERCHANDISE OR OTHER MATERIALS. LOGOMIX'S LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID FOR THE SERVICES GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, LOGOMIX'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE LESSER OF (I) A REFUND OF THE AMOUNT PAID FOR THE PRODUCT OR SERVICE AT ISSUE, OR (II) $100.

9. LAW; JURISDICTION. Unless otherwise noted in any applicable Agreement, this Agreement, the Services and all matters arising out of or relating thereto will be governed by the laws of the State of Minnesota without regard to its conflict or choice of law provisions. Any legal action or proceeding relating to this agreement or the provision of the Products or Services offered via the Sites will be brought in the state or federal courts located in Minnesota. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding.

10. PRIVACY.  Your use of the Sites is also subject to LogoMix’s privacy policy, the provisions of which are incorporated herein by this reference.   By using any of the Sites or Services, you acknowledge and consent to LogoMix’s collection, storage, disclosure and use of information as set forth in the privacy policy.

11. CHANGES TO TERMS.  LogoMix may modify these Terms at any time by posting changes on the Sites; however, (i) these changes will only become effective and binding with respect to you after LogoMix provides notice on the Sites that these Terms have changed and you first use any of the Sites following the date of such posting, (ii) the changes will only apply with respect to your use of the Sites after such changes become effective, and (iii) any change in payment obligations will only apply to your subsequent purchases on, or usage of, the Sites or Services. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Sites or Services.

12. DIGITAL MILLENNIUM COPYRIGHT ACT. If you believe that any of the Sites or Services contains content that infringes on your copyright, please forward the following information by email to investigativedemands@deluxe.com or send it to Deluxe Inc., Attn: Registered Agent Copyright Infringement, Deluxe Small Business Sales, Inc. 3680 Victoria Street, North Shoreview, MN 55126.

  • Your address, telephone number, and email address;

  • A description of the copyrighted work that you claim has been infringed;

  • A description of where the alleged infringing material is located;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

13. RISK OF LOSS.  All Merchandise purchased on any of the Sites is delivered pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For purchases of Usage Rights or any other Services that is to be provided in an electronic format, delivery of such Services will be deemed to have occurred either at the time we transmit the Services via email or other electronic communication addressed to you, or at the time we notify you that the product is available for downloading from one of the Sites, as applicable.

14. REFUND POLICY.  At LogoMix, we strive to provide the highest level of customer service. In most cases, we are able to satisfy clients by simply making changes as needed to the Services purchased or by offering complimentary Services. We will replace, or refund the cost of, any Services that fail to meet our customers’ quality expectations within 30 days of purchase. However, we do not take responsibility for typing, image, or design errors introduced by customers in creating any Designs or otherwise using the Sites or Services or problems arising from your breach of these Terms. If we refund the price of Usage Rights, your license with respect to such Usage Rights will then terminate and you will be required to delete and make no further use of the applicable Design. If we or one of our Service Providers refunds the price of any Services, your rights to further use such Services will then terminate. Upon acceptance of a refund, you will have no further rights, remedies or claims with respect to the applicable Services.

15. LINKS.  The Sites and Services may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters.

16. MISCELLANEOUS.  No joint venture, partnership, employment or agency relationship exists between you and LogoMix as a result of these Terms and/or your use of the Sites or Services. The person accepting these Terms on behalf of each party represents and warrants that he or she has been duly authorized by that party to accept and thereby bind it to these Terms. The parties agree that these Terms shall be effective as of the date accepted by you. These Terms represent the entire agreement between you and LogoMix with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the subject matter hereof. LogoMix may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, LogoMix shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties' mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.”  All references herein to “we,” “our” or variations thereof shall be deemed to refer to LogoMix.  All references herein to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. The provisions of Sections 2 through 12 and 14-15 hereof shall survive completion of any services and any termination hereof. Notices required or permitted hereunder that are intended for you personally and not all users of the Sites shall be made to you at the most recent email address on file with LogoMix.  Notices to us shall be sent by email to investigativedemands@deluxe.com or by postal mail or courier to Deluxe Inc., Attn: Registered Agent Copyright Infringement, Deluxe Small Business Sales, Inc. 3680 Victoria Street, North Shoreview, MN 55126.