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Welcome to WinningLogo.com. By signing up as a Customer of WinningLogo.com, you
agree to be legally bound by these terms and conditions, including those terms and
conditions incorporated by reference. Please read these terms and conditions carefully.
WinningLogo.com reserves the right to modify these terms and conditions at any time
by updating this posting. You should visit this page periodically to review these
Terms and Conditions, as they are binding to you. If you do not accept these Terms
and Conditions, you may not use the WinningLogo.com services.
You must represent and warrant that you are at least 18 years of age. WinningLogo.com
does not direct its product and service offerings to persons under the age of 18.
Any reference made in these Terms and Conditions to products and services provided
by WinningLogo.com shall include, but not be limited to, all text, images, photographs,
designs, logos, graphics, Web sites, stationery designs (business cards, letterhead,
and envelopes), brochure designs, marketing materials and advertising as well as
any other products or services now or in the future offered by WinningLogo.com.
Satisfaction Guarantee
Your satisfaction is our first priority. We work according to the design specification
completed by you. Depending on the design package that you select, we will provide
the set of initial design concepts and number of revisions as described in the design
package until you are satisfied. We also offer coordination with your printing company
at no additional costs.
In case we can not meet your expectation, you may request to have your money back
by following our Refund Policy.
Initial Concepts and Revisions
During design process, you will be notified by e-mail when the initial designs are
ready for review and will be instructed on where to view these designs and provide
feedback.
Revision requests shall be submitted online from our website. The number of revisions
is determined by the design package purchased. You are encouraged to provide all
necessary feedback within the allotted number of revisions, as WinningLogo is under
no obligation to make revisions beyond the number allotted for the specific product
or service purchased.
Upon the email notification, you have 30 calendar days to review the initial designs
or provide feedback for revisions. If you fail to review designs and submit feedback
within this 30-day period, WinningLogo.com will assume that your project is complete
and the project shall be deemed completed. WinningLogo.com reserves the right, in
its sole discretion, to terminate all or a portion of the Service, at any time,
with or without notice. In the event of such termination, WinningLogo.com will determine,
in its sole discretion, whether you are entitled to any refund.
Should you require additional revisions or services beyond the scope of the package
purchased, you will be provided with a price list for such changes. WinningLogo
will make such revisions upon additional payment.
Final Design Files
We will prepare the files of the final design in various formats. You may download
the final artwork files online immediately as soon as you receive the email notification
from WinningLogo.com. We maintain a record of your final design files. You may download
the final files at any time and as many times as you wish in the future by login
to your account at our website.
If there is a certain file format that is not included in our standard delivery
formats, you may simply complete the Customer Support Request, or email us at support@winninglogo.com
to request that particular format. We will have the file ready online for you to
download when you login to “My Account” at our website.
Ownership/Copyright
Ownership of the final artwork becomes your property, once you approve the Final
Design. WinningLogo.com only retains the right to display the artwork in our portfolio
and advertising materials. Your ownership rights under these Terms and Conditions
are limited to the Final Design only. All concepts, comprehensives, modification,
or other preliminary materials, which are not selected by Customer or are not included
into the final delivery, remain the full property of WinningLogo.com.
You are encouraged to perform your own independent searches with regard to the Final
Design. WinningLogo.com shall have no responsibility or obligation of any kind to
assist customers in seeking state or federal intellectual property protection (i.e.,
without limitation, trademark or copyright registration) for the Final Design, nor
shall WinningLogo be responsible for otherwise assisting customers in any way in
their attempt to perfect their rights in or to the Final Design.
WinningLogo.com is not responsible for assuring the originality of any work delivered,
and that it is your full responsibility to research all artwork received before
using it in any way. Furthermore, WinningLogo.com is not responsible for any legal
difficulty of any kind incurred by using any service purchased from us.
Trademarks and Service Marks
WinningLogo.com shall have no obligation or duty to perform trademark, service mark
or copyright searches or inquiries, or the like, in order to validate the propriety
or legality of the Final Design. No trademarks or service marks in or to any Final
Design are being conveyed under these Terms and Conditions.
Ideas and Materials Provided by Customer
Any idea or material, including but not limited to, images, photographs, graphics,
composites, sketches, drawings, text and illustrations supplied by you for inclusion,
incorporation and/or addition into the design are your property, and you warrant
that you have taken the necessary steps to acquire the permission of the legal copyright
and/or trademark holder for the use thereof. You agree to indemnify WinningLogo
in the case that the supplied materials are found to be infringing on the copyright,
trademark or intellectual property claims of the legal owner of this material.
Shipping Policy
WinningLogo.com will send the CD of the final design files the first time for free
upon your request. Please note that CD of final artwork is completely complementary.
It may take up to 15 business days for us to ship the CD out. The CD of final artwork
is delivered after the final delivery of file formats online.
We will send the CD via the First Class mail. If it is returned to us as undeliverable,
we do not issue a refund in that case. We cannot re-ship the CD of final artwork
that is returned to us as undeliverable as a result of an invalid or incorrect address.
If you still would like to receive the CD that was undeliverable, we will resend
the CD via UPS with an additional $30 shipping and handling fee.
Payment Terms and Sales Taxes
We accept Visa, MasterCard, Discover, American Express credit cards and PayPal payments
for all design purchases. With respect to credit cards, you represent and warrant
that (i) the information you supply to us is true, correct and complete, (ii) charges
incurred by you will be honored by your Credit Card Company or financial institution,
and (iii) you will pay charges incurred by you at the posted prices, including all
applicable taxes, if any.
All payments must be in United States dollars. Current billing address and phone
information must be included with every order. WinningLogo.com reserves the right
to impose additional fees on you for any work that extends beyond the scope of the
requested products and services.
Refund Policy
Your satisfaction is our first priority. WinningLogo.com is committed to do our
best to meet your expectation. If you decide to stop design works; however, you
may request for a refund, when the following conditions are met:
- You have NOT approved the final design.
- You have kept timely communication with WinningLogo.com
- You have requested refund within 30 calendar days for logo or stationery designs,
45 calendar days for website or brochure designs, from the date that the design
service order is placed.
Business ID and Design Combo Package
The Business ID or Design Combo packages are partially or fully refundable. Should
you request and are eligible for a refund with a combo design package (more than
one design service in the package), we will allow full or partial refund to the
design that has not been approved, less the listed price of approved design.
Rush Service
Rush service (1 business day turnaround time for logo or stationery design) is non-refundable.
Should you request and are eligible for a refund with a design package that has
a rush service added, you will be refunded the design package purchase only, less
the $100 rush service fee.
This refund policy is void if any of the following conditions apply:
- You have approved the design.
- Your order is older than 30 calendar days for logo or stationery design, 45 calendar
days for website, brochure, and combo designs.
- We have not heard back from you for more than 30 calendar days.
- The business we are making the logo for is closed, changes their name, or their
activity.
You agree to provide timely responses to any status notifications that WinningLogo.com
sends to you. You shall have 30 calendar days to respond to each response sent to
you. If you have failed to respond after 30 calendar days, WinningLogo.com will
assume that your project is complete and the project shall be deemed completed.
At such time, WinningLogo.com will have no further obligation to you. WinningLogo.com
reserves the right, in its sole discretion, not to guarantee your access to all
or a portion of the Service, at any time, with or without notice and will determine,
in its sole discretion, whether you are entitled to any refund.
Refunds are only available to the actual Customer for whom the logo was created.
No refund is available for advertising agencies, graphic designers or graphic design
firms, or parties who have placed an order on behalf of another entity. Refunds
will be processed within 3-5 business days of your written request.
Should you receive a refund, you agree that your acceptance of the refund shall
constitute your sole and exclusive remedy with respect to related Responses. Additionally,
you acknowledge and agree that you will have no right (express or implied) to use
any design concept, artwork, content, or media developed on your behalf by WinningLogo.com,
nor will you have any ownership interest in or to the same.
To turn in your refund request, you may complete a Customer Support Request online,
or email us at
.
Order Acceptance and Cancellation
WinningLogo.com retains the right in its sole discretion, to refuse and refund any
projects or content that is explicitly adult in nature, or deemed inappropriate
by WinningLogo.com. We shall have the right (but not the obligation) to pre-screen,
refuse or remove any project and/or user provided content that violates these Terms
and Conditions or is otherwise objectionable, including, without limitation, projects
or content that is illegal, obscene, indecent, and defamatory; incites religious,
racial or ethnic hatred; or violates the rights of others.
We reserve the right after acceptance of your order to cancel, terminate, or otherwise
cease work on your order for any reason and at any time without notice, whether
or not your credit card has been charged or if payment has otherwise been received
by us.
If your credit card has been charged and/or payment has otherwise been received
by us and your order is canceled by us for any reason other than your breach or
non-performance under these Terms and Conditions, you will receive a refund/credit
to your account. You acknowledge and agree that we shall not be liable to you or
any third party for any cancellation, termination or other limitation on your order.
Electronic Communications
By becoming a Customer of WinningLogo.com, you consent to receive, via email or
otherwise, status notifications, a newsletter, and carefully selected special offers
and promotions for certain products and services that we believe could be of value
to you. We will communicate with you by emails and by posting information or notices
via the WinningLogo Web site. You agree that all agreements, notices, disclosures
and other communications that WinningLogo.com provides to you electronically satisfy
any legal requirement that such communications be in writing.
Indemnification
You agree to indemnify and hold WinningLogo harmless against any and all claims,
demands, regulatory proceedings, and all damages, costs (including, without limitation,
settlement costs), and expenses of any kind whatsoever (including, without limitation,
reasonable attorneys fees) directly or indirectly arising from or relating to our
agreement or WinningLogo provision of products or services to you including, but
not limited to, (i) you use or misuse of any product or service supplied by us or
third parties through us approved by you or any materials or information supplied
by you; (ii) any products, services or activities undertaken by WinningLogo.com
on your behalf; or (iii) your sale of its products and services or other operation
of its business.
Content and Operation of WinningLogo Web Site
All content on the WinningLogo.com Web site, which includes text, site design, processes,
graphics, Web site screens, images, logos, pictures, icons, code and data compilations
as well as the organization and layout of this matter, is owned or used by permission
by the owner of WinningLogo.com and constitutes the property of WinningLogo including
the intellectual property of WinningLogo.com and as applicable is protected by applicable
United States and international intellectual property and copyright laws.
Legal Disputes
You hereby agree and consent to venue in St. Louis County, Missouri, USA, in the
event of any legal action regarding these Terms and Conditions or of any copyright
enforcement regarding the subject matter of these Terms and Conditions.
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