 |
| 0 designs |
|
|
|
| |
Logo Design Quick Find |
 |
|
| |
Logo Design Categories |
|
|
| |
Logo Designers |
|
|
| |
Logo Designer Nations |
|
|
| |
Logo Design Sorting |
|
|
| |
Information |
|
|
| |
Currencies |
|
|
|
>> Conditions of Use
|
|
§ 1 General
The designer is the holder of the copyrighted usufruct rights of his or her design offered on the Logomarket.com web site (subsequently referred to as "design"). Logomarket.com, or rather Logomarket.com & Co. KG, acts as mediator between the customer and designer on this occasion. However, the rights contract is established exclusively between the designer and customer. In exchange for a user fee, the designer places his or her offered design at the customer's disposal exclusively according to the following conditions. These general conditions (subsequently referred to as "GC") are an integral part of the rights contract agreed to between the designer and customer. By accepting the designer's offer, the customer agrees to the GC. Conflicting or contradictory GC shall not be acknowledged unless their validity has been expressly agreed to in writing. Changes and additions to these GC are only valid if they have been acknowledged in writing by the designer. This holds true even if the customer's terms of business have not been expressly contradicted. The GC of the rights contract can be viewed, downloaded, and printed free of charge on http://www.logomarket.com/terms.php at all times.
§ 2 Conclusion of contract
2.1 Conclusion of contract is effected through a tentative offer on the part of the designer, available as the fixed price (user fee) indicated with the design offer on the web site Logomarket.com, and acceptance of the contract on the part of the customer by the clicking of the respective acceptance fields including acceptance of the general conditions of the rights contract. However, conclusion of contract is subject to the suspensory condition of payment of the user fee § 6) by the customer.
2.2 As soon as the he or she has accepted the designer's contract offer, the customer receives an e-mail confirming the conclusion of contract.
§ 3 Designer's rights and responsibilities
3.1 Upon receipt of the agreed-upon user fee, the designer sends the customer the design in the requested file format (e.g. EPS, TIFF, etc.).
3.2 The designer remains at the customer's disposal should the request for subsequent changes arise. Such requests for changes on the part of the customer are not included in the agreed-upon user fee and shall be recompensed separately at an hourly rate.
§ 4 Customer's rights and responsibilities
4.1 The customer pays the designer the agreed-upon user fee upon receipt of the corresponding invoice.
4.2 The transferring to third parties of the usufruct rights granted to the customer under § 5 requires the designer's prior consent.
§ 5 Granting of rights
5.1 The designer assures that he or she is the personal creator of the design and has unrestricted and exclusive control of its usufruct rights, also as concerns the work and rights of third parties.
5.2 As such, unless otherwise agreed-upon or indicated, the designer transfers to the customer the exclusive, temporally and spatially unrestricted usufruct rights to the design for all possible uses within legal limits.
5.3 The abovementioned rights shall only be transferred wholly to the customer upon full payment of the user fee under § 6.
§ 6 User fee/Settlement date
6.1 The fixed price indicated for the design on offer on the Logomarket.com web site is considered the user fee.
6.2 The user fee is due no later than 10 days after receipt of the designer's invoice.
6.3 If the customer fails to pay the user fee within the period indicated under § 6.2, the rights contract is considered not concluded (suspensory condition). In this case, Logomarket.com has the right to charge the customer a cancellation fee of 50.00 Euro plus VAT, and the designer has the right to offer and dispose of the design elsewhere.
§ 7 Designer's liability
7.1 The designer's liability is limited to intention and affirmative negligence. This is also valid for damages brought about by an assistant or managerial employee of the designer's.
7.2 The designer's liability is limited to direct damages. The designer is not liable for consequential or resultant damages arising from the event that caused the damages. In particular, the designer is not liable for any lost profit damages suffered by the co-contracting party.
7.3 The designer is not liable for the novelty, patentability and economic usability, nor for the fact that use does not violate any third-party rights.
§ 8 Data protection/Confidentiality
8.1 The customer's personal data is ascertained, processed and used exclusively for the conclusion of the rights contract.
8.2 The contracting parties reciprocally and indefinitely protect the confidentiality of all information about their respective co-contracting party made available to the contracting parties in connection with the rights contract - regardless of whether the contract is concluded, and even after termination of the contract - in so far as this information may be considered confidential or is otherwise recognisable as a business secret.
8.3 It is further mutually agreed that this information will not be used for personal advantage nor shared. Making the information available via intentional or affirmative negligence through third parties is equivalent to sharing.
8.4 Exempt from the obligation of confidentiality is any disclosure to authorities that may become necessary within the context of an examination or investigation, in particular by tax authorities as well as by third parties involved in the project (such as, for example, the mediator) with whom confidentiality agreements have been made.
§ 9 Duration of contract/Termination
9.1 The rights contract is concluded indefinitely.
9.2 Both contracting parties may only terminate if due cause exists (termination of the contract for cause). Due cause exists if contractual obligations were breached and it is consequently unreasonable to expect the co-contracting party to implement the contract because of this breach of contract.
9.3 If the due cause in this termination of the contract for cause is on the part of the customer, all usufruct rights to the logo automatically revert to the designer upon termination of the contract.
§ 10 Final provisions
10.1 No verbal supplementary agreements shall be reached. In order to be valid, changes or additions to the rights contract as well as to the general conditions of use must be made in writing. This also holds for the cancellation of written communications.
10.2 Should any stipulation of this contract not be legally valid in whole or in part this does not affect the legality of the remaining stipulations. The contracting parties shall agree upon a substitute stipulation, as similar in meaning and purpose as possible to the invalid stipulation it replaces.
10.3 Berlin is the court of jurisdiction for any disputes arising from this agreement.
10.4 The law of the Federal Republic of Germany also applies.
|
|
|
| |
Bestseller (# Sales) |
|
|
| |
External Links |
|
|
| |
Logo Design Partner Links |
|
|
|
ENGLISH
