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 this Agreement in full, 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”, "Seller"). 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 or jurisdiction, those rights including but not limited to copyrights, trademarks and intellectual property rights.
1. Eligibility
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 the 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.
LogoGround may offer designers the opportunity to partake in logo reviews, usually referred to as "community reviews" on the Site. If you choose to partake in logo reviews you do so with the understanding that you will encounter material posted by other users prior to the material being approved for use in public areas of the site and that you may encounter material that is potentially offensive or otherwise harmful.
By submitting any information or material to the site:
LogoGround has a system of ranking levels, scores, badges and similar identifiers/indicators which are awarded to designers for specific achievements, based on criteria that we determine. While these identifiers/indicators can provide insight into a designer's track record on LogoGround and the designer's abilities, they do not constitute an endorsement by LogoGround. They reflect the designer's past performance only and should not be interpreted as a guarantee of future performance.
3. Reservation of Rights
We retain the right, but do not have an obligation, in our sole discretion, to stop/prevent/remove/refund/cancel any project or transaction or to stop/prevent/remove any user submitted material, at any time, 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. It is the sole responsibility of the Client to verify the legality of its use of a logo purchased from LogoGround.
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.
No community review feature or similar system shall create an obligation for LogoGround to accept or reject user submitted material based on the acceptance/rejection thereof by the user community, nor will LogoGround be under any obligation to motivate or make public its selection processes, systems or criteria for selecting user submitted material for publication on the site. Approval for publication of any material remains at the discretion of LogoGround staff.
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. In addition, senior LogoGround users may be permitted to edit text associated with content posted by other users to correct errors or to improve accuracy.
We retain the right to assign additional design work to designers of our choosing. Additional design work includes but is not limited to changes to a logo after the final logo files have been delivered to the client, design work related to a finalized logo project, custom logo development, custom logos where the client selects one or more pre-designed logos as reference etc., where the client requests such design work from LogoGround directly. Such work will typically be assigned to LogoGround staff designers. In addition LogoGround may contact any client, within the limits of its Privacy Policy, to offer additional support, products or services where appropriate.
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 user shall cease immediately and entirely once a user uploads any design to LogoGround where the design constitutes, in our sole discretion, a clear violation of third party rights.
We retain the right to charge designers a commission on logo sales and we retain the right to revise the commission percentage and/or the commission structure from time to time, at our discretion. Any changes to the commission percentage or structure will be published on the site, in advance.
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, limiting user accounts and/or legal actions.
We retain the right to cancel and refund any order, at any point in the process or after the logo has been delivered to the Buyer. When an order is cancelled and refunded by LogoGround, the Buyer agrees to make no further claim of ownership to the logo purchased, no claim for direct or indirect damages of any kind and no claim related to direct or indirect loss suffered as a result of the cancellation and refund against LogoGround or against the logo Seller, even if the reason for the cancellation and refund was due to an error by LogoGround and/or the Seller.
We retain the right to, at any time and without notice, delete or alter the title, keywords and description of any logo in order to correct errors and/or to bring it into line with LogoGround rules.
We retain the right to, at any time and without notice, change any designer account from Active mode to Passive mode if we deem such a change necessary to fulfill our obligations under this agreement.
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 "LG Staff". Furthermore, LogoGround staff may participate in their private capacities. The LG Staff 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 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, not delaying or sabotaging a project in any way for any reason, 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. Furthermore, clients agree that any design work requested post logo finalization may incur additional charges. These charges shall be at the discretion of the designer and must be agreed with the client before the commencement of the design work.
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, have the right to 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. LogoGround will have the option to limit an account while investigating a complaint against the account, typically to give the designer an opportunity to respond to the complaint. Limited accounts cannot add new logos or receive payments. If a limited account generates sales, the designer will forfeit the money from those sales in the event that the limited account is closed following the investigation.
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 obligation 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 elect to be contactable through LogoGround do so at their own risk.
4.17 Logos purchased from LogoGround may be used for any purpose and may be resold on LogoGround, directly to a client or through any other service. However, if a logo purchased from LogoGround is presented to a client, entered in a logo contest or logo competition or in another way presented to a third party for approval you (1) agree to properly attribute the logo to the designer who created the logo and you (2) agree that LogoGround will be under no obligation to issue a refund to you in the event that the logo is not accepted by the client or other third party or it is not the winning entry in the logo contest/competition, even if all other conditions for the refund has been met. You further agree that the authorship of the logo does not transfer to you.
4.18 If you purchase a logo from LogoGround.com you agree to the terms of the refund policy in full, as linked to from this document in the Supporting Documents section. LogoGround will be under no obligation to issue a refund unless all refund conditions are met. Specifically, once a logo revision (preview of the logo posted by the designer/seller) is accepted or approved, a refund is no longer possible. This limitation is designed to protect designers against fraud and explicitly also applies if the vector source file(s) were not downloaded by the buyer. Furthermore, ordering the logo "as is" (without changes) indicates a request for delivery of the vector source file(s) without changes, thereby eliminating the possibility of a refund. By accepting/approving the logo preview or by ordering a logo "as is", you expressly agree that the contract is fulfilled with immediate effect and you expressly waive any right to a withdrawal period.
4.19 LogoGround will normally save and create backups of files uploaded to the Site, namely the JPG, EPS, SVG and final ZIP files, but it will not be required to do so. Users acknowledge that it is their responsibility to maintain local copies and local backups of files posted to LogoGround and files downloaded from LogoGround and that access to files on LogoGround is not guaranteed. Clients acknowledge that LogoGround cannot guarantee access to the final ZIP files indefinitely and that it will at intervals remove old projects and files associated with them. Designers are advised that files in excess of 1MB will typically not be retained on the server for long periods and it is important that designers maintain local copies and backups. Clients are advised that the final ZIP file will typically be available for download for a period of three months, but that this period may be significantly shorter in the case of large ZIP files. Once a ZIP file has deleted from the server the client may contact the designer to request a new copy of the ZIP file, but LogoGround cannot guarantee that the designer will be available, responsive or able to re-upload the ZIP file.
4.20 LogoGround collects feedback from clients, including a rating at the end of the design process. Clients are not obligated to provide any feedback or rating. Clients agree that feedback and ratings, if provided, may be shown publicly with the Client's username, but without real names or contact information. Designers agree to not pressure their clients to provide feedback or ratings.
4.21 LogoGround Users hereby authorize LogoGround and its appointed officials to act as their copyright agent/representative for every design posted on the Site. LogoGround and its appointed officials may, without limitation, act on behalf of the user to enforce the user's copyright. This authorization remains in force for the entire period of time that the design remains on the Site. When a logo is deleted from the Site, this authorization will continue and will remain in force for thirty days after the deletion date.
4.22 While having more than one designer account is not against LogoGround rules, creating additional accounts for the purpose of reducing declined logos in the "main" account is not allowed. Using secondary accounts in this way or in any way that is intended to give an unfair advantage to the designer can lead to the accounts being limited or closed.
4.23 LogoGround does not allow logos that were created with the aid of artificial intelligence (AI) systems or services. While we are in favor of AI-assisted design in principle, we recognize that copyright ownership of AI-assisted designs is currently in question, which disqualifies all AI-assisted designs from publication on LogoGround.
4.24 When a logo is deleted from the site, LogoGround removes the image(s) from the server and deletes database entries associated with the logo. LogoGround does not locate and delete every instance of associated files in backups. Though it may happen that a deleted logo remains in old LogoGround backups, it will not have a database entry and thus will not reappear on the site if the backup is ever used to restore the site.
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. LogoGround retains the right to charge designers a commission on logo sales and the right to revise the commission percentage/structure from time to time.
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 therefore 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 net 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 Designers are not automatically eligible to receive payments from LogoGround for sales generated on LogoGround.com. In order to receive payments from LogoGround, designers must meet the requirements for payment eligibility as determined by LogoGround and published on the site. LogoGround shall have the right to change the requirements for payment eligibility at its discretion and without prior notice. If a designer makes a sale and is unable to accumulate enough reputation points for payment eligibility the payment will still be sent, but will be delayed for 180 days after which it will be payable at the next payment cycle. LogoGround shall have the right to change the requirements for payment eligibility for individual designers, on a case by case basis, should it, in its sole discretion, perceive a problem with the account or an increased risk of fraud associated with the account or with a specific transaction on the account.
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, even if the designer has met all requirements for payment eligibility.
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. The same also applies to any fees encountered over and above the initial processing fee.
5.14 LogoGround offers designers the option to specify, edit and bulk edit the prices of their unsold logos. LogoGround cannot and does not guarantee that these editing features will always work as expected. It is the sole responsibility of the designer to confirm that their logo prices are correct after uploading and after applying changes and to frequently inspect their unsold logos to ensure that the prices are correct. If a logo sells at a price other than what the designer intended, the designer will remain obligated to deliver the logo to the buyer and the designer will not be eligible for damages or additional compensation from the buyer or from LogoGround, even in cases where an error in the LogoGround system is shown to be the cause.
5.15 Payments to designers may be cancelled by PayPal in certain situations, for example when the designer's PayPal email address is not set up correctly at PayPal, or where the designer does not accept the payment. LogoGround will, as far as possible, attempt to resend cancelled payments to designers, but will not be obligated to do so. Designers are urged to set up their PayPal accounts to receive payments and to ensure that their payment details on LogoGround are up to date.
5.16 LogoGround offers an optional, expedited payment service. Designers have the option to request an expedited (faster) payment or to wait until the normal, scheduled payment date. Designers who request an expedited payment agree that LogoGround may charge a fee for this service. The fee will be clearly communicated to the designer on the page from which designers request expedited payments. LogoGround will deduct this fee from the payment amount. LogoGround retains the right to reject an expedited payment request if it, in its sole discretion, perceives a potential problem with one or more of the transactions contributing to the positive balance or with the designer's LogoGround account. LogoGround will endeavor to notify the designer if it rejects an expedited payment request but cannot guarantee that such notifications will be given in every case. LogoGround will not be required to justify or explain its decision to reject a request. If a request is not rejected, LogoGround agrees to send the payment within one business day wherever possible, or otherwise at the soonest possible time.
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 of any kind in connection with any design sold 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 PARENT COMPANY, 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 THE SITE OR OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
8. Release of Liability
You will not hold LogoGround, its parent company, 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 and used at your own risk. The LogoGround Site is offered solely as a venue to allow Designers to sell their logo designs to Clients. 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.
Advice (legal or otherwise) or information provided by LogoGround, its employees or any member of the Site is given without guarantee. Acting on advice or information provided on the Site shall be at your own risk.
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.
Your use of the site may require that you share information, such as your email address, personal details, business details, financial information etc. You understand and accept the inherent risk in sharing any information online. While LogoGround will endeavour to safeguard your information we can offer no guarantee that your information will not be accessed, used and/or distributed by third parties that may gain illegal access to our databases or systems. 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 the third party use, access to or distribution of any information, including your personal information or any other information that you shared with LogoGround.
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.
9. Indemnity
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 with 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 to the sold logo nor charge any additional fees for copyright transfer of the sold logo. Copyright and ownership transfers to the Buyer, but authorship does not transfer and stays with the Designer, unless otherwise agreed with the Designer beforehand.
During the logo design and revisions process, LogoGround and the designer agree to treat all designs as confidential. Once the logo is finalized, 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 the widest sense of the word, in any medium they choose, unless the client contacted LogoGround beforehand and all parties have agreed to further confidentiality.
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 (including declined logos) on the Site or any other media and to create derivative works of the content for promotional and/or educational puposes or in order to meet client requirements when a sale takes place. Where your content or a derivative thereof is used to promote LogoGround, LogoGround may include attribution where it is possible to do so.
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 post a logo for sale on LogoGround you expressly declare that the logo is an original creation, created by you in its entirety, without the aid of templates, vector stock, clip art, dingbats or any other pre-made elements that were not created by you. You agree that, should your logo buyer register the logo as a trademark and the trademark registration should fail due to the prior existence of a similar mark, you will work with the buyer to make the necessary changes to the logo as instructed by the buyer, up to a maximum of ten (10) revisions of the logo, and that you will not charge the buyer an additional fee for such revisions.
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.
When you submit an idea/concept/suggestion to LogoGround, by whichever means, you grant us a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to use the submitted information in any way we see fit. Any information that you post in a public area on LogoGround, such as the forum, may be used freely by LogoGround, its users and/or any other person with access to the information. Use of the information includes but is not limited to implementing ideas or suggestions you shared and profiting from them. Such use will not create any obligations for the user(s).
11. Notices
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 Account Settings. 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 to dmca [at] logoground [dot] com. 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 any and all attorney's fees and costs from you, provided that we have notified you of the improperly filed claim and that you have failed to promptly withdraw the claim.
13. Termination
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. Accounts containing sold logos can not be closed. In such cases the user may terminate this agreement by informing LogoGround, in writing, of their decision to do so.
14. Supporting Documents
The following documents form part of this Agreement:
LogoGround Refund Policy (Last updated on 2022-03-18)
We reserve the right to change these documents at our discretion. Changes will be posted on the Site and will become effective immediately.
15. General
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.
© Copyright 2011-2023, Graphics Factory CC. All rights reserved. Use of this web site constitutes acceptance of the User Agreement & Disclaimer. LogoGround.com is a division of Graphics Factory CC, SA., Reg Nr. 2008/121028/23
Buy Logos
Sell Logos
Browse logos by category
Suggestion box
Report a bug
