Terms & Conditions
By accessing or using 'Esport Logo Maker', you agree to adhere to and be bound by the
terms and conditions in this Agreement. Please read this Agreement carefully
before
accessing or using 'Esport Logo Maker'. If you cannot accept this Agreement, you may
not
access or use Esport Logo Maker.
In this Agreement, Esport Logo Maker, the Esport Logo Maker Service, all services related to
it,
including all text, images, photographs, user interface, look and feel, data and
other content (including the selection, coordination and arrangement of such
content) are referred to as the "App" or "Service."
Esport Logo Maker reserves the right to change the Terms and Conditions of the
Agreement
and such modifications shall be effective immediately. Users should visit this
page
periodically to review the Terms and Conditions because they legally determine
the
conditions under which they are allowed to use the Service. A User's continued
access of this App shall be deemed acceptance of the modified agreement.
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Services Generally.
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(a) Description
The Service is an online offering where individuals
or entities
(“User" or collectively, "Users") can design and/or create a
quotes,
poster, banner,
photo, logo and/or business cards using materials and tools
provided
by Esport Logo Maker.
Users agree that Esport Logo Maker is responsible for providing this
service, and that
Esport Logo Maker is not responsible for providing any other services
or
tasks not
specifically outlined in these Terms.
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(b) License
Users must purchase in-app items to use the
all
graphics, artworks,
symbols and designs (and associated materials) in our Service to
create the quotes,
poster or any designs. Esport Logo Maker retains the copyrights and
all
associated rights
to the original symbols, but the non-exclusive license allows
Users
to use and
display that graphics & artworks in the customized poster and
banner. The artworks
(and other materials) used in any preliminary design that are
not
contained in the
final version of the design remain the property of Esport Logo Maker.
Under this license,
Users cannot sell, assign, or transfer rights to the graphics,
but
any trademark
rights developed in the customized designs will be owned by the
User.
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Responsibility for Content
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(a) App
Esport Logo Maker shall not be responsible for any use that is or is
not made of
the App. Esport Logo Maker makes no representations, warranties or
guarantees
regarding
the truthfulness, accuracy, or reliability of any information
that is
communicated
to and from the App. Esport Logo Maker does not endorse any opinions
expressed
by any
User. Each User agrees and acknowledges that he creates a
designs at his
own risk
and that he is responsible for taking any actions necessary to
determine
whether its
use will infringe any third party intellectual property,
privacy, or
publicity
right. User agrees to be solely responsible for the accuracy of
the
content of any
design created for User by Esport Logo Maker.
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Rights to Use.
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(a) User Information
For any information or media provided by User in connection
with use of the Service (collectively, the "User Information"),
Esport Logo Maker has all
rights necessary to use the User Information to provide the
Service.
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(b) License
Upon submission of User Information to the
Service, User grants Quote
Maker a royalty-free, perpetual, irrevocable, sublicenseable,
exclusive, worldwide
license to use, reproduce, modify, adapt, publish, translate,
create derivative
works from, distribute, communicate to the public, moral right,
perform, display,
and/or incorporate in other works, in any form, media, or
technology now known or
later developed for the full term of any intellectual property
rights that may exist
in such User Information to the extent necessary to provide the
Service.
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(c) User Ownership
Subject to Users compliance with this
Agreement, User shall own
the customized design created by the Service (there is no
guarantee the graphic has
not been used previously). User shall not, however, own any
materials, media or
other content generated during the process of creating that
design or by using Quote
Maker. User grants to Esport Logo Maker the right to use any such
material (other than the
customized) for internal and archival purposes. Users also grant
Esport Logo Maker the
right to utilize the customized design in connection with
advertising, marketing and
promotional materials. Esport Logo Maker shall retain sole title to
and ownership of all
designs created or otherwise used in connection with the
production of User's design
(poster,banner or quotes).
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(d) Esport Logo Maker
Ownership
The contents of this App, including the user
interface,
text, graphics, artworks, icons, free graphics, images, data
compilations, the
selection and format thereof, as well as the underlying software
and databases are
the property of Esport Logo Maker and are protected by international
copyright and
trademark laws.
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(1) Intellectual
Property
Esport Logo Maker owns all right, title and
interest in and to
all copyright, trademarks, service mark, patent, trade
secret or other intellectual
property and proprietary rights in and to the App to the
fullest extent provided
under international law. Users shall not remove, conceal
or alter any copyright
notice, byline information, disclaimer, restriction, or
other notice. Users shall
not use or permit any third party to use the name,
trademarks, trade names, or trade
dress of Esport Logo Maker without the written consent of
Esport Logo Maker.
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(2) Trademarks
User acknowledges that no trade or
service marks are being conveyed
under this Agreement. User acknowledges that Esport Logo Maker
has no obligation or duty
to perform trade or service mark searches to validate
the propriety or legality of
the customized design. Accordingly, Esport Logo Maker
encourages Users to perform their
own independent searches. User acknowledges that Quote
Maker shall have no
responsibility to assist User in seeking provinical or
federal intellectual property
protection (i.e., trademark registration). Esport Logo Maker
shall not be responsible to
assist User to perfect the Users rights.
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Disclaimers; Limitations of Liability
(a) Release from Claims.
The Service serves as a venue for the creation of designs.
Esport Logo Maker does not screen or censor any information or material posted to the
Web.
Although Esport Logo Maker makes reasonable efforts to determine the identity of
Users,
Esport Logo Maker does not confirm the specific identity of any User. Accordingly, if
a
User has a dispute with another User, Users release Esport Logo Maker from claims,
demands, and damages of every kind and nature arising out of or in any way
connected
with such disputes.
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(b) Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS." Esport Logo Maker MAKES NO
REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED OF ANY KIND RELATING IN ANY WAY TO
THE
APP, INCLUDING ANY USER IDENTITY OR LINKED CONTENT. Esport Logo Maker DISCLAIMS TO THE
MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND
WARRANTIES.
Esport Logo Maker SPECIFICALLY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY
AND
ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii)
WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR
PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS,
OR
OMISSIONS IN THE APP, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE
TRANSMISSION OR DELIVERY OF THE APP, AND (v) WARRANTIES OTHERWISE RELATING TO
PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY Esport Logo Maker OR ANY
THIRD
PARTY. FURTHER, Esport Logo Maker DOES NOT WARRANT THAT THE APP WILL MEET USERS NEEDS
OR
REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
The above disclaimer applies to any damages, liability or injuries caused by any
failure of performance, error, omission, interruption, deletion, defect, delay
in
operation or transmission, computer virus, communication line failure, theft or
destruction of or unauthorized access to, alteration of, or use, whether for
breach
of contract, tort, negligence or any other cause of action.
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(c) Limitation of Liability
NEITHER Esport Logo Maker NOR ANY THIRD PARTY SHALL BE LIABLE
TO USERS OR ANY OTHER PERSON FOR ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR
LOSSES
RELATING TO THE APP OR ANY OTHER CONTENT, WHETHER ARISING UNDER THESE TERMS OR
ANY
APPLICABLE LAW.
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(d) Exclusion of Consequential
Damages
IN NO EVENT SHALL Esport Logo Maker OR ANY THIRD
PARTY BE LIABLE TO USERS OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL,
SPECIAL,
EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING LOST PROFITS, LOSS OF
BUSINESS
OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM
INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE
SERVICE) ARISING UNDER OR IN ANY WAY RELATED TO THE APP OR ANY OTHER CONTENT,
EVEN
IF Esport Logo Maker OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR LOSSES.
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Indemnification
Users agree to defend, indemnify and hold harmless Esport Logo Maker and its
subsidiaries,
affiliates, officers, agents, partners and employees from all liabilities or
claims
of any third party arising out of Users violation of this Agreement.
If you have any questions regarding privacy while using the Application, or have
questions about our practices,
please contact us via email.