|LogoGround.com User Agreement
This Agreement is effective on May 3, 2011. Your continued use of the Site after this date will signify your acceptance of this Agreement.
Last revised on November 22, 2016.
This User Agreement describes the terms on which Graphics Factory CC (“Graphics Factory”, “LogoGround”, “We”, “Us”, "Our"), a South African Corporation with its principal place of business in Mossel Bay, South Africa, offers you (“you” or “your”) access to the LogoGround.com service ("Site", "Service"). By visiting LogoGround.com or making use of the services available on LogoGround.com you are agreeing in full to the terms and conditions set out below as well as the terms and conditions in any policy documents linked to from this document (collectively, the “Agreement”). If you do not understand and agree to each of the terms in this Agreement, do not use this Site. LogoGround provides a service that connects clients who wish to buy logos (“Customer”, “Client”, "Buyer") and logo designers who wish to sell logos (“Designer”). In this Agreement the term “User” shall refer to any person making use of the Site, whether as a Client, a Designer or as both. In this Agreement the abbreviation “IPR” shall be understood as referring to all legal rights to a creative work, in any country, those rights including but not limited to copyrights, trademarks and intellectual property rights.
Only parties that can lawfully enter into legal contracts may use the LogoGround web site and services. By making use of LogoGround.com you expressly represent to us that you are at least eighteen (18) years old and that you may lawfully enter into and form binding contracts, conditions, obligations, affirmations, representations and warranties.
We reserve the right in our sole discretion to refuse, suspend, or terminate service to anyone.
2. Use Of The Site
You hereby agree that you will use the LogoGround web site and any related services only for lawful purposes.
Specifically you agree that you will not:
We reserve the right to report any unlawful or fraudulent conduct to law enforcement, and we will cooperate with law enforcement to ensure that violators are prosecuted to the fullest extent of the law.
We reserve the right to, at our sole discretion and at the FIRST VIOLATION, remove all logos uploaded by a designer, confiscate all funds in a designer's account, close the account and permanently block the designer from using the Site should that designer sell or attempt to sell
You hereby agree and give permission that your funds confiscated in this manner and for this reason shall be used to issue refunds to clients where appropriate and the remainder shall be forfeited and you waive all rights or claims against LogoGround or other users in connection with such funds.
LogoGround offers a "remember me" function which is optional. When logging in with the remember me option enabled, LogoGround places a cookie on your computer. The cookie allows us to identify you when you return to the site at a later time. The use of this feature increases the risk of your account being compromised, especially when used on a public computer. Use of the remember me function is solely at your own risk.
3. Reservation of Rights
We retain the right, but do not have an obligation, in our sole discretion, to stop any project or transaction or to remove any user submitted material, at any point, for any reason.
We retain the right, but do not have an obligation, in our sole discretion, to prevent access to our Site at any point, for any reason.
LogoGround does not endorse any logo submitted by designers to the Site. While each logo is approved by LogoGround before it is published on the site, LogoGround cannot and does not guarantee that such logos are not in violation of existing copyrights, intellectual property rights, trademarks, trade names or any other third party rights to the material.
LogoGround does not endorse any opinion, advice or recommendation expressed by Users.
LogoGround expressly disclaims any and all liability in connection with content submitted to it by its users, even when such material was approved for publication by LogoGround.
We retain the right, but do not have an obligation, in our sole discretion, to reject user-submitted content, at any point (including after it was initially accepted for publication), for any reason. We will not be obligated to offer a reason or explanation for our decision to accept or reject user-submitted content.
We retain the right, but do not have an obligation, in our sole discretion, to retain sold logos on the site indefinitely. Sold logos form part of our "collective portfolio" that serves to showcase what LogoGround designers can do. We may remove, delete or archive sold logos at our discretion.
LogoGround has a zero-tolerance policy for violations of copyright or intellectual property. We retain the right in our sole discretion to take whatever steps we deem necessary to prevent the submission of designs that infringe on the rights of third parties. Any and all obligations LogoGround has towards a designer shall cease immediately and entirely once a designer uploads a design to LogoGround where the design constitutes, in our sole discretion, a clear violation of third party rights.
We retain the right to take any action that we, in our sole discretion, deem necessary to protect ourselves, the integrity of the LogoGround systems and its reputation. Actions include without limitation suspension, termination, confiscation of funds, banning Users from the Site and/or legal actions.
4. Legal Relationships and Obligations
4.1 LogoGround is a venue for logo designers to sell their original work.
4.2 We may use LogoGround ourselves to buy and sell logos under the account name "LogoGround". Furthermore, LogoGround staff may participate in their private capacities. The LogoGround account and LogoGround staff accounts shall function as normal User accounts and receive no preferential treatment.
4.3 When a sale occurs, the Designer is obligated to deliver the logo in at least EPS and JPG format. The designer is obligated to make changes to the logo if required by the Buyer and to supply the logo in additional file formats where appropriate. Failure to comply may, at our sole discretion, lead to the project being re-assigned to a LogoGround staff designer.
4.4 The Designer is solely responsible for delivering the purchased logo to the client and for insuring that the client can access, open and use the logo files. If it becomes necessary for LogoGround to perform any design actions or any support actions where the support request is directed at the designer, the project will be re-assigned to a LogoGround staff designer.
4.5 Designers agree to our standard one (1) business-day (Monday thru Friday) turnaround time for changes to a logo. The same turnaround time applies to the delivery of final logo files once a buyer accepts/approves a logo. If a Designer (at any point) fails to adhere to this turnaround time LogoGround will have the option to re-assign the project to a LogoGround staff designer.
4.6 Designers agree to behave in a professional manner in all their dealings with LogoGround, with other Designers and with Clients. We reserve the right to suspend any User's account for unprofessional conduct. If a Designer (at any point and in our sole discretion) displays unprofessional conduct when dealing with a Client, LogoGround will have the option to re-assign the project to a LogoGround staff designer. For the purpose of this agreement, Designers agree that professional conduct towards a Client shall include, but not be limited to treating Clients fairly, treating Clients with respect, refraining from the use of foul language and name calling anywhere on the Site, being sufficiently familiar with basic design processes and the basic functioning of the Site to ensure the revisions process is completed without delays, advising the Client to the best of their ability, refraining from arguing with the Client wherever possible and doing their utmost to resolve conflict speedily and to the satisfaction of the Client.
4.7 LogoGround is an English medium web site. Designers acknowledge that a basic proficiency in the English language is a requirement for the successful completion of any design project and that LogoGround has the right and the obligation to re-assign a project to a LogoGround staff designer should it, at any point in the life of a project and in its sole discretion, feel that a Designer's inability to communicate effectively in English is producing a poor experience for the Buyer.
4.8 If you buy a logo, you agree to complete any changes to the logo within thirty (30) days of the sale. Changes requested after this deadline may incur additional charges. Designers will be obligated to continue working on logos past this deadline, provided that the buyer pays additional fees as determined by LogoGround. Any additional fees will be divided in the same ratio as the original payment.
4.9 Each member is fully and solely responsible for satisfying all tax, governmental reporting and any other legal requirements in their own countries/jurisdictions.
4.10 No agency, employee-employer relationship, joint venture, franchise or partnership is intended or created by this Agreement.
4.11 You hereby agree that you are solely responsible for any content that you upload to the Site and any consequences of uploading such content. By uploading logo designs or any other content to the Site you affirm, represent and/or warrant that you are legally entitled to share and sell such content. LogoGround will, at the first offence, close your account, delete all your work from our Site and/or databases, confiscate any funds in your account and permanently block you from selling logo designs at the Site, should you be found to, at the sole discretion of LogoGround, offer for sale any material that you are not legally entitled to sell.
4.12 When a logo is sold or when client feedback is received LogoGround will email an automated notification to the designer. The email address on file at LogoGround will be used for this purpose. LogoGround may choose to send follow-up emails to non-responsive designers, but will not be obligated to do so. LogoGround cannot and does not guarantee that any emails will be sent, received or delivered successfully. Designers are advised to sign into their LogoGround accounts daily to view their sales and respond to their clients as needed. Reliance on email notifications from LogoGround will be at the Designer's own risk.
4.13 LogoGround allows Users to pause their accounts for up to thirty (30) days. The pause feature will hide User submitted logos from potential Clients. LogoGround has the option, but not the obligation, to automatically or manually "un-pause" any account that has been paused for more than thirty days. LogoGround is not required to notify designers when an account is un-paused. Designers who wish to maintain a paused account for more than 30 days may do so by logging in every 30 days, un-pausing and then re-pausing the account.
4.14 LogoGround requires that Designers supply their real name and surname for the purpose of copyright transfer in the event of a sale. LogoGround has the option to request that Users verify their information by submitting identifying documentation as determined by LogoGround. Failure to supply a real name and surname or failure to provide satisfactory identifying documentation when requested may result in account suspension, delays in payment and/or the removal of the Designer's logos from the Site.
4.15 In the event of a sale, LogoGround requires that the Designer applies changes to the design according to the instructions of the Client. It is agreed that these changes shall not include full customization. Changes to the text, font, colors and layout are included. The client may also ask for minor changes to the logo image itself, such as changing a letter, adding a circle around the design, removing design elements etc. The designer is required to make these changes to the design as part of their oblogation to the Client under this Agreement. When a Client requests changes beyond minor customization, the Designer may refer the matter to LogoGround who, in its sole discretion, will determine if the changes qualify as minor customization and notify the Designer and the Client of its decision. If the changes qualify as minor customization the Designer will be required to apply the changes.
4.16 LogoGround offers a feature that allows prospective clients to contact designers through the site. This feature is disabled by default. Designers who elect to enable the contact feature acknowledge that this may result in an increase in unwanted emails, including "spam" and potentially harmful content. LogoGround does not actively monitor or filter messages sent through this feature and will not be held accountable for loss or damage suffered as a result of the use of this feature. Designers who enable it do so at their own risk.
5. Fees and Payments
5.1 There is no cost to browsing the Site or to selling logo designs on the Site. LogoGround charges fees to the client when the client elects to purchase a product or service from the Site.
5.2 Designers agree that the price of each logo displayed on the Site shall be the full price of the logo. At no point shall additional compensation or royalties of any kind be due to you by LogoGround or by the Buyer of the logo with respect to the logo purchased. Designers may charge an additional fee, as determined by the Designer, for additional work that goes beyond the normal service LogoGround provides to its Clients, for example, if the Client wants more than one version of their logo delivered in vector format. Any additional fees must be clearly stated by the Designer and agreed to by the Client beforehand. Unless the Client requests additional work from LogoGround directly, such additional work is beyond the scope of LogoGround's standard service offering and beyond our control and must therefor be agreed upon and completed between the Client and the Designer.
5.3 LogoGround may charge clients an administration fee if it, at any point and in its sole discretion, deems such a fee necessary to fund the operation of the LogoGround web site.
5.4 Money owed by LogoGround to Users will be reflected in the User's account balance from where the user can request a payout of the funds. Payments are processed through the PayPal service only. LogoGround will make the payment to the User's PayPal email address on file at LogoGround. Users are solely responsible for posting and maintaining their account details at LogoGround. LogoGround will be under no further obligation to Users in the event that a payment fails, is not received by the User or is not possible due to any error in the User's LogoGround account information or due to the absence of a valid, correct PayPal email address.
5.5 The User account balance may be reduced at any time by LogoGround for chargebacks or refunds. LogoGround may, at any time, recover from the User's account balance any amount owed by the user to LogoGround or such amounts as necessary to compensate LogoGround for any loss that it determines, in its sole discretion, it has suffered due to the User's breach of this User Agreement.
5.6 Users may at any time request a payout. When a payout is requested LogoGround will transfer the funds to the User's PayPal account during the next pay cycle, provided that the User's account is not suspended or found to be in violation of this Agreement.
5.7 LogoGround is not an escrow service and does not hold property on behalf of Users. If a payment to a Designer fails, for whatever reason, the payment will be moved forward to the next pay cycle. If the payment continues to fail for twelve or more pay cycles or for twelve or more months, whichever comes first, LogoGround will consider the funds unclaimed and the Designer will forfeit the payment. The Designer agrees to make no further claim against LogoGround for funds forfeited.
5.8 When a User's account shows a negative balance for any reason whatsoever, LogoGround may request that the User submit payment to LogoGround equal to the negative account balance. Failure to promptly submit such payment to LogoGround may result in the account being suspended. In addition, LogoGround reserves the right and will have the option to, in its sole discretion, collect such funds from a User's future earnings on LogoGround.
5.9 The User account balance may be reduced at any time by LogoGround for processing fees related to transactions on that account. Processing fees are determined and charged by third party suppliers and are beyond the control of LogoGround. Designers authorize LogoGround to deduct any fees necessary to ensure that LogoGround does not suffer a nett financial loss in any transaction. LogoGround will not be obligated to offer explanation or justification for deductions over and above the general fee structure set out in this Agreement.
5.10 LogoGround will not make payments to designers until a project is finalized. A project is considered finalized when the final logo files, including but not necessarily limited to the EPS logo file, have been posted on the client system. In cases where the client becomes unresponsive LogoGround will attempt to establish contact with the client in an effort to complete the project. If this fails, LogoGround will, at its sole discretion, either cancel and refund the project or close the project and make the funds available to the designer.
5.11 First payouts to new designers will be delayed for 30 days. Once a designer has at least one prior payment this delay will no longer apply.
5.12 LogoGround may indefinitely delay payment to a designer should it, in its sole discretion, perceive an increased risk of fraud, a refund or a chargeback associated with one or more of the transactions contributing to the positive account balance.
5.13 In the event of a chargeback LogoGround may deduct any fees related to the chargeback from the designer's balance or, in the case of a zero balance, from the designer's future earnings.
A project may be re-assigned to a LogoGround staff designer for various reasons as stipulated under the Legal Relationships and Obligations heading in this Agreement, as well as for any breach of the Agreement by a Designer which may, at our sole discretion, lead to a poor experience for the Buyer. When a project is re-assigned to a LogoGround staff designer, the Designer who created the logo will forfeit all funds associated with the sale and LogoGround will automatically purchase the IPR to the logo from the Designer for the purpose of transferring it to the Client. The Designer agrees to sell and LogoGround agrees to purchase the IPR to the design for the sum of $40 (forty US Dollars), from which LogoGround may deduct all processing fees associated with the sale and transfer of funds, whereafter the Designer shall have no legal claim whatsoever to the design. Said payment shall be credited to the Designer's LogoGround account balance. LogoGround is not required to give prior notice of project re-assignment. The Designer agrees to make no further claims for payment or royalties in connection with any design sold to LogoGround on these terms.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. THIS SITE AND THE SERVICES PROVIDED BY US ARE PROVIDED ”AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE SITE BY ANY THIRD PARTY. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SERVICES OR THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS. OPERATION OF THE SITE MAY BE AFFECTED BY FACTORS OUTSIDE OF OUR CONTROL. TO THE FULLEST EXTENT LEGALLY PERMITTED, LOGOGROUND, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM AND EXCLUDE ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU RECEIVE FROM US OR THROUGH THE USE OF OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
8. Release of Liability
You will not hold LogoGround, its officers, directors, employees or agents responsible for the actions of other users on the Site, including any content uploaded by other users. You acknowledge that LogoGround does not function as a traditional auctioneer and that LogoGround does not verify that all user uploaded material is safe to download. You acknowledge the potential danger inherent in downloading material from the Internet and agree that any material that you download from LogoGround, including but not limited to material that you paid for, shall be downloaded at your own risk. The LogoGround Site is offered solely as a venue to allow designers from anywhere to sell their logo designs to clients from anywhere. We have limited control over and do not guarantee the quality, safety or legality of any product or service offered on the Site, the accuracy of any user information published on the Site, the ability of any designer to deliver services offered or that any member will complete a transaction. Each designer and client must look solely to each other for performance of the rights and obligations stipulated in this Agreement. LogoGround may, but is not obligated to, task staff designers at its sole discretion to complete design work where designers fail to complete such design work within the requirements set by LogoGround. In such cases the designer shall forfeit all or part of their remuneration as determined in this Agreement.
If you have a dispute with another member of LogoGround you hereby release LogoGround, its officers, directors, agents, subsidiaries, joint ventures, parent company, and employees from claims, demands and damages, actual and consequential, of any nature, known and unknown, arising out of such dispute or in any way whatsoever connected with such dispute. You will not hold us liable to you or any other member for any special, indirect, consequential or punitive damages pursuant to this agreement, including but not limited to loss of profits, loss of business opportunities, loss of goodwill or of reputation even where LogoGround was specifically advised of the possibility of such damages.
LogoGround is offered from and controlled from South Africa. We can not and do not guarantee that the Site will be available or suitable in any other jurisdiction or that our content, processes, methods and agreements will be lawful in all jurisdictions. Those users who access the site from other jurisdictions are solely responsible to comply with local laws.
Notwithstanding any other provision or clause contained in this Agreement, in no event will our liability to you exceed the greater of (i) R1,000 (ZAR) or (ii) the total fees paid by you to LogoGround in the three months preceding the event or action that gave rise to the liability.
You agree to defend, hold harmless and indemnify LogoGround, its officers, directors, employees, related companies, affiliates and agents from and against any loss, damage, cost, expense or any other liability (including reasonable attorney's fees) incurred by us from or against any loss, damage, cost, expense, claim, demand or action brought against us by a third party in connection with your use of the Site, including any use through your user account and including any payment obligations incurred through the use of the Site. This defense and indemnification will survive this Agreement and your use of the Site.
10. Intellectual Property
Copyright to any logo posted on the Site shall remain that of the designer who created the logo. Once a logo is sold, the copyright shall transfer automatically and immediately to the buyer. The designer shall make no further claims of copyright nor charge any additional fees with relation to the logo or the use thereof after the logo was purchased.
Both the designer who originally created the logo and LogoGround shall have a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to display sold logos in their respective portfolios, in any medium they choose.
When you submit content to the site you grant us a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to display such content on the Site or any other media and to, at our sole discretion, create derivative works of the content in order to meet client requirements when a sale takes place.
You may not reproduce any of the content on the Site, including but not limited to logos uploaded by users, in any medium, for any purpose, without the prior written consent from LogoGround, its legal representative or the owner of the content in the case of user submitted content.
It is possible to place an order for a logo while one or more other users are in the process of ordering the same logo. In such cases LogoGround shall refund all except the first order to reach us. Once a transaction completes the purchased logo is no longer for sale.
The LogoGround name and logo are trademarks of Graphics Factory CC. User submitted content, including but not limited to logos offered for sale, are the property of and may be trademarks of the respective users.
This Agreement prohibits users from uploading content that infringe on any third party rights and LogoGround manually screens and approves each logo uploaded to the site. However, LogoGround acts purely as the "middle man" between Buyers and Sellers and as such it shall have no obligation to perform trademark, service mark or copyright searches or inquiries of any nature, in order to verify the propriety or legality of any logo offered for sale. It is the Buyer's sole responsibility to conduct the appropriate research to confirm that the logo he or she is purchasing is not in use and/or does not fall under a third party's patent, trademark or other proprietary right. If you believe that your rights have been violated by any material posted by a LogoGround user, please notify us at the following link: Violations
When you submit a design request or design idea to the site you grant us a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to display your request/idea publicly on the Site or any other media.
We will communicate with you using your email address on file or by posting communications on the Site. The email address on file is the email address provided during the registration process and may be updated by the user under Email Preferences. You agree to receive communications from us electronically and you agree that such communications will satisfy any legal requirement that such communications be in writing. Any communications emailed to you will be considered to have been received 1 (one) day after it was sent. Any legal notice delivered to you via email will be considered to have been received 3 (three) days after it was sent. Any notices to us intended to have a legal effect concerning this Agreement must be delivered in writing to
Notices to LogoGround are deemed effective upon receipt.
12. Dispute Resolution
You agree to resolve any dispute, claim or controversy at law between you and us in accordance with this section entitled "Dispute Resolution". You further agree to contact us directly before resorting to any of the alternatives stated here.
This Agreement in its entirety is governed by the laws of South Africa. You agree that any claim or dispute you may have against or with LogoGround will be resolved by a court located in the Western Cape Province of South Africa. Any cause of action you may have with respect to LogoGround must be commenced within 30 (thirty) days after it arises, or the cause of action is barred.
Should you file a claim contrary to this section entitled "Dispute Resolution" we will be entitled to recover attorney's fees and costs from you up to R100,000 ZAR, provided that we have notified you of the improperly filed claim and that you have failed to promptly withdraw the claim.
This Agreement shall become effective upon your use of the Site and shall continue until terminated in accordance with the terms of this section. Either party may terminate this Agreement at any time upon written notice to the other party. This Agreement will also automatically terminate when your user account is closed. After termination of this Agreement you will remain obligated to pay any money due by you to us or to another User. When your user account is closed we may permanently delete any data associated with your account.
14. Supporting Documents
The following documents form part of this Agreement:
We reserve the right to change these documents at our discretion. Changes will be posted on the Site and will become effective immediately.
We may revise this Agreement at any time. Changes to the Agreement will become effective when they are posted on the Site. It is the responsibility of each user of this site to review this Agreement from time to time. Your continued use of the Site and our services following changes to the agreement will constitute your acceptance of the revised Agreement. If you do not agree to the revised Agreement, do not continue to use the Site or our services.
You are solely responsible for compliance with local laws, keeping in mind that this service is based in South Africa and that accessing this site and its contents may not be legal for all persons in all countries.
No delay or omission by us in exercising our rights or remedies under this Agreement will be construed as a waiver of such rights or remedies. Any single or partial exercise of a right or remedy shall not preclude further exercise of rights or remedies.
If any part of this Agreement is found to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder of the Agreement will remain in full force and effect. You will not transfer or delegate your rights, responsibilities or your account without prior written consent from us. We may assign this Agreement without restriction.
This Agreement, together with the supporting documents as stipulated, comprises the entire agreement between you and us and shall supersede any prior agreement between the parties.
16. Headings and Highlighting
The boldface headings, boldface text and text color(s) used in this Agreement are intended to aid legibility only and shall have no binding effect.