Revision date: 02/09/2016

All services provided by SPARKZ NETWORK LIMITED (“SPARKZ NETWORK LIMITED”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless SPARKZ NETWORK LIMITED from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to SPARKZ NETWORK LIMITED’ servers, or any other server on the Internet. Links to such materials are also prohibited.

• Examples of unacceptable content or links:
• pirated software
• hacker programs or archives
• Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A £50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, SPARKZ NETWORK LIMITED WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill £1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb – 1 gig will be treated and billed as the same.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of SPARKZ NETWORK LIMITED is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of SPARKZ NETWORK LIMITED must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing

By the Account Activation Date of each month, SPARKZ NETWORK LIMITED shall either:
(1) debit the client’s credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to SPARKZ NETWORK LIMITED by no later than the specified payment due date. SPARKZ NETWORK LIMITED shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees

Certain services carry a setup fee charged by SPARKZ NETWORK LIMITED to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to SPARKZ NETWORK LIMITED and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Money back guarantee & refund policy

We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.

Account Deactivations

Any account deactivated due to non-payment will require a reactivation fee of £20.00 prior to reactivation.

Cancellation Refunds

We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability

SPARKZ NETWORK LIMITED shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from SPARKZ NETWORK LIMITED ‘ servers going off-line or being unavailable for any reason whatsoever. Furthermore, SPARKZ NETWORK LIMITED shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of SPARKZ NETWORK LIMITED ‘ servers. All damages shall be limited to the immediate termination of service.

Violations

Violations of these Acceptable Use Policies should be referred to [email protected]. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

SPARKZ NETWORK LIMITED cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by SPARKZ NETWORK LIMITED are resold. Thus, certain equipment, routing, software and programming used by SPARKZ NETWORK LIMITED are not directly owned or written by SPARKZ NETWORK LIMITED. Moreover, SPARKZ NETWORK LIMITED holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as SPARKZ NETWORK LIMITED sees fit.

Account Activation

By activating your account with SPARKZ NETWORK LIMITED, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee

SPARKZ NETWORK LIMITED guarantees 99% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.
SPARKZ NETWORK LIMITED reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification.

We also retain the right to increase any pricing and make changes to our account plans without notification.

Available Here

Service Acceptable Use Policy

Revision date: 02/09/2016

As a provider of web site hosting and other Internet-related services, SPARKZ NETWORK LIMITED offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. SPARKZ NETWORK LIMITED respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, SPARKZ NETWORK LIMITED reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, SPARKZ NETWORK LIMITED has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using SPARKZ NETWORK LIMITED’ services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that SPARKZ NETWORK LIMITED cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because SPARKZ NETWORK LIMITED cannot monitor or censor the Internet, and will not attempt to do so, SPARKZ NETWORK LIMITED cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that SPARKZ NETWORK LIMITED does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over SPARKZ NETWORK LIMITED’ network and may reach a large number of people, including both subscribers and non-subscribers of SPARKZ NETWORK LIMITED, subscribers’ postings to the Internet may affect other subscribers and may affect SPARKZ NETWORK LIMITED’ goodwill, business, reputation or operations. For these reasons, subscribers violate SPARKZ NETWORK LIMITED policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming:

Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward SPARKZ NETWORK LIMITED, but also because it can overload SPARKZ NETWORK LIMITED’ network and disrupt service to SPARKZ NETWORK LIMITED’ subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, SPARKZ NETWORK LIMITED will investigate and shutdown the account that is SPAMing. A £250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore SPARKZ NETWORK LIMITED reserves the right to prosecute for this violation. A £1.00 charge will be assessed PER EMAIL sent should SPARKZ NETWORK LIMITED choose to pursue and prosecute.

Audio/Video Streaming:

Audio/Video Streaming is not hosting friendly. As such, SPARKZ NETWORK LIMITED does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

Adult-Oriented Content:

SPARKZ NETWORK LIMITED does not allow adult content and will suspend/terminate any offending account.

Large File Policy:

SPARKZ NETWORK LIMITED is not for file hosting and distribution – as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail [email protected].

Obscene Speech or Materials:

Using SPARKZ NETWORK LIMITED’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. SPARKZ NETWORK LIMITED is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:

Using SPARKZ NETWORK LIMITED’ network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:

Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:

Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups:

SPARKZ NETWORK LIMITED reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:

Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:

Engaging in activities, whether lawful or unlawful, that SPARKZ NETWORK LIMITED determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. SPARKZ NETWORK LIMITED will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with SPARKZ NETWORK LIMITED’ policy or applicable law. However, when SPARKZ NETWORK LIMITED becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by SPARKZ NETWORK LIMITED.

SPARKZ NETWORK LIMITED is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching SPARKZ NETWORK LIMITED’ facilities from those subscribers may have originated from a customer of the subscriber or from another third party. SPARKZ NETWORK LIMITED does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. SPARKZ NETWORK LIMITED reserves the right to directly take action against a customer of its subscribers. Also, SPARKZ NETWORK LIMITED may take action against the SPARKZ NETWORK LIMITED’ subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, SPARKZ NETWORK LIMITED anticipates that subscribers who offer Internet services will cooperate with SPARKZ NETWORK LIMITED in any corrective or preventive action that SPARKZ NETWORK LIMITED deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of SPARKZ NETWORK LIMITED policy.

SPARKZ NETWORK LIMITED will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. SPARKZ NETWORK LIMITED may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, SPARKZ NETWORK LIMITED may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. SPARKZ NETWORK LIMITED assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, SPARKZ NETWORK LIMITED may disclose subscriber information or information transmitted over its network where necessary to protect SPARKZ NETWORK LIMITED and others from harm, or where such disclosure is necessary to the proper operation of the system. However, SPARKZ NETWORK LIMITED will never sell information to other services or outside companies.

SPARKZ NETWORK LIMITED expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate SPARKZ NETWORK LIMITED policy. Finally, SPARKZ NETWORK LIMITED wishes to emphasize that, in signing the Service Agreement, subscribers indemnify SPARKZ NETWORK LIMITED for any violation of the Service Agreement, law or SPARKZ NETWORK LIMITED policy resulting in loss to SPARKZ NETWORK LIMITED or the bringing of any claim against SPARKZ NETWORK LIMITED by any third party. This means that, if SPARKZ NETWORK LIMITED is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against SPARKZ NETWORK LIMITED, plus costs and reasonable attorney’s fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including SPARKZ NETWORK LIMITED and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to [email protected].

Terms and conditions of use

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and  SPARKZ NETWORK LIMITED,  the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by  SPARKZ NETWORK LIMITED  and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to  SPARKZ NETWORK LIMITED  and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

1. All Content included on the Website, unless uploaded by Users, is the property of SPARKZ NETWORK LIMITED,  our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
2. You may, for your own personal, non-commercial use only, do the following:
   1. retrieve, display and view the Content on a computer screen
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of SPARKZ NETWORK LIMITED. 

Prohibited use

4. You may not use the Website for any of the following purposes:
   1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
   2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
   3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration

5. You must ensure that the details provided by you on registration or at any time are correct and complete.
6. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
7. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
8. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

Password and security

9. When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
10. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.

Links to other websites

11. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of SPARKZ NETWORK LIMITED  or that of our affiliates.
12. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
13. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy

14. Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the following: https://sparkz.network/privacy-policy/.

Availability of the Website and disclaimers

15. Any online facilities, tools, services or information that SPARKZ NETWORK LIMITED  makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.  SPARKZ NETWORK LIMITED  is under no obligation to update information on the Website.
16. Whilst SPARKZ NETWORK LIMITED  uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
17. SPARKZ NETWORK LIMITED  accepts no liability for any disruption or non-availability of the Website.
18. SPARKZ NETWORK LIMITED  reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

19. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
20. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
21. To the maximum extent permitted by law, SPARKZ NETWORK LIMITED  accepts no liability for any of the following:
    1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
    2. loss or corruption of any data, database or software;
    3. any special, indirect or consequential loss or damage.

General

22. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
23. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
24. These terms and conditions together with the Privacy Policy    contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
25. The Contracts (Rights of Third Parties) Act 1999shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
26. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
27. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
28. This Agreement shall be governed by and interpreted according to the law of England and Walesand all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh

 SPARKZ NETWORK LIMITED  details

29. SPARKZ NETWORK LIMITED is a company incorporated in England and Wales with registered number SPARKZ NETWORK LIMITED whose registered address is 54 St James Street, Waterloo, Merseyside, L1 0AB and it operates the Website https://sparkz.network/. 

You can contact SPARKZ NETWORK LIMITED by email on [email protected].

Available Here https://www.nominet.uk/go/terms/

Logo Maker – Terms & Conditions

1. In order to download and/or use your “Logo-Maker End Products” (i.e., the logo created by a User through and with the help of the Logo-Maker Services [defined below]) outside of the Website, whether for commercial or personal use, you must pay the Fee stated on the Website. You may not use any of the Logo-Maker End Products outside of the Website, whether for commercial or personal use, without paying all applicable and respective Fees in advance.
2. Upon payment of the aforesaid Fee, you may use purchased Logo-Maker End Products outside of the Website, whether for commercial or personal purposes provided however that prior to creating and using any Logo-Maker End Product, You shall be obligated to perform due diligence to determine that the use of the “Logo-Maker Content” (i.e., all materials displayed or performed on the Logo-Maker Services [including, but not limited to text, graphics, articles, photographs, images, icons, illustrations]) and/or Logo-Maker End Product is free of any adverse claims and is not subject to any third party rights. Various elements/items forming a part of the Logo-Maker Content may also be provided by third party content providers who in turn obtain the same from other third-party contributors. All use of the Logo-Maker Content and/or Logo-Maker End Product is at your own risk. You shall abide by all copyright notices, trademark rules, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sub-license, rent, lend, assign, gift, sell or otherwise transfer or distribute for any purposes whatsoever any portion of the Logo-Maker Content and/or the Logo-Maker End Products: (i) without the express prior written consent of the respective owners or (ii) in any way that violates any third party right. You acknowledge that some icons, fonts and symbols used whilst accessing the “Logo-Maker Services” (i.e., the services offered on the Website through the “Logo-Maker Services” portal/platform that allows a User to create, customize and manage various design assets/logos) might have been licensed from a third-party provider. Under no circumstances will We and/or our licensors, assignors, transferors and/or other providers be liable in any way for any such Logo-Maker Content and/or Logo-Maker End Products including, but not limited to, for any loss or damage of any kind incurred as a result of the use of any Logo-Maker End Products or any part thereof. You agree that you must evaluate, and bear all risks associated with, the use of any Logo-Maker Content and/or Logo-Maker End Product, including, without limitation, the existence of any third-party rights that may exist in such resources.
3. Under no circumstances will We and/or our assignors/licensors/providers be liable in any way for any Logo-Maker Content or Logo-Maker Materials (as defined below), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we do not have a duty to pre-screen Logo-Maker Content, but that we and our designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Logo-Maker Content that is available via the Logo-Maker Service. Without limiting the foregoing, we and our designees will have the right to remove any content that violates this Agreement or is deemed by us, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Logo-Maker Content, including any reliance on the accuracy, completeness, or usefulness of such content.
4. It is also clarified that You may use the Logo-Maker End Product only in its entirety and You may not use any individual element of such Logo-Maker End Product (including any element of the Logo-Maker Content) in isolation. Accordingly, You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Logo-Maker Content accessed through the Logo-Maker Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sub-license, rent, lend, assign, gift, sell or otherwise transfer or distribute for any purposes whatsoever any portion of the Logo-Maker Services, any Logo-Maker Content or third party submissions or other proprietary rights in any way that violates any third party right. Nothing stated herein shall be deemed to be construed as a transfer of any rights in and to individual elements of such Logo-Maker End Product (including any element of the Logo-Maker Content).
5. Throughout the process of accessing the Logo-Maker Services and designing the Logo-Maker End Product, We may show the User different designs and/or design concepts, however the User has no right or license to use or copy any of the designs other than the final one made available to the User after the applicable Fee has been paid for the same.
6. All of the designs that appear throughout the designing process and/or in the course of accessing the Logo-Maker Services, as well as trademarks and service marks, logos, slogans and taglines are the property of our licensors/assignors/providers (as applicable) and nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Website which are the property of such parties (the “Logo-Maker Materials”). Any use of the Logo-Maker Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
7. You hereby grant us and our licensors/providers/assignors/transferors a worldwide, royalty-free, non-exclusive license to host the designs/Logo-Maker End Products created by You and warrant that you have all the rights necessary to grant us such license. You are responsible for any content and/or Logo-Maker End Products that may be lost or unrecoverable through your use of the Logo-Maker Services. You are encouraged to back up your Logo-Maker End Products regularly and frequently.
8. User responsibilities:

1. You hereby confirm that you are at least 18 years of age and will not use the Logo-Maker Services or Logo-Maker End Products for any unlawful purposes or to conduct any unlawful acts, including fraud, embezzlement, money laundering or to impersonate another person.
2. Legality of Activity – You accept sole responsibility for all of your activities using our Website, including content you submit or share via the design process and/or accessing the Logo-Maker Services. You will not use our Logo-Maker Services for any illegal purpose. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Logo-Maker Services. You are responsible for ensuring you do not violate the laws of your jurisdiction, including but not limited to copyright, IP, trademark, design patent and related laws. We may determine, in our sole discretion, whether or not you are in violation of any of our policies. Violation of any of these policies may result in User information tracking with such information being stored to identify the offending user. Offending User may be permanently restricted from holding an account or using the Logo-Maker Services. If we reasonably determine that your Account is being used for illegal or fraudulent activity, then your Account may be immediately terminated. We may also report you to law enforcement officials in the appropriate jurisdictions.
3. You will not create Logo-Maker End Products using the Logo-Maker Services that are: pornographic, sexually explicit, violent, reasonably likely to cause harm, or that could be reasonably considered as slanderous, libelous, defamatory or derogatory to any religion or belief, contrary to public policy, or capable of stirring communal discontent/disharmony or infringe the copyright, right of privacy, right of publicity, moral right, or any other right whatever of any person or otherwise violate or infringe upon any other right or rights of, any third party.

9. Refund: The Fee attributable to the Logo-Maker End Product shall be non-refundable unless otherwise determined by us and/or our assignors/licensors/transferors/providers in our sole discretion.
10. Indemnity: You hereby agree to indemnify us, defend us and hold us harmless and our licensors/assignors/providers and each of our and their respective officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns from and against any claims, actions, suits, proceedings, losses, liabilities, judgments, settlement amounts, costs and expenses arising out of or relating to your use of the Logo-Maker Services, Logo-Maker End Products, designs or Website, including, without limitation, all claims relating to your use of the Logo-Maker End Products and/or Logo-Maker Content.
11. Limitation of Liability and Disclaimer: OUR WEBSITE, LOGO-MAKER END PRODUCTS, LOGO-MAKER SERVICES AND LOGO-MAKER MATERIALS, AND/OR ANY OTHER LOGO-MAKER CONTENT OR PRODUCT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF THE LOGO-MAKER END PRODUCTS, LOGO-MAKER CONTENT AND/OR LOGO-MAKER SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE LOGO-MAKER END PRODUCTS, LOGO-MAKER CONTENT, LOGO-MAKER SERVICES AND YOUR USE THEREOF. WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER REGARDING THE ACCURACY OF CONTENT OR DESIGNS. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, NON-INFRINGEMENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE LOGO-MAKER CONTENT, LOGO-MAKER END PRODUCTS, OUR LOGO-MAKER SERVICES AND WILL NOT, IN ANY EVENT, DIRECTLY OR INDIRECTLY BE HELD AGAINST US, OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS. WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OF THE LOGO-MAKER END PRODUCTS, LOGO-MAKER CONTENT AND/OR LOGO-MAKER SERVICES AND/OR UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN. WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS SHALL NOT BE HELD ACCOUNTABLE FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, NOR FOR ANY BUGS, VIRUSES OR TROJAN HORSES THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, NOR FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT NOR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE AND/OR THE LOGO-MAKER SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS  ARE  NOT LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER. WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS WILL NOT BE IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS WILL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT. WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS  DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY USING OUR WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE DO NOT MAKE ANY REPRESENTATIONS THAT OUR WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE AND/OR THE LOGO-MAKER SERVICES FROM JURISDICTIONS PROHIBITING SUCH USE DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LOCAL LAW. NEITHER US NOR OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS  AND/OR THIRD PARTY CONTENT PROVIDERS ARE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF THE LOGO-MAKER SERVICES AND/OR THE LOGO-MAKER END PRODUCTS AND/OR THE LOGO-MAKER CONTENT (INCLUDING THE USE OF THE BRANDING PRODUCTS AND LOGOS). YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE WEBSITE, THE LOGO-MAKER SERVICES AND OUR LOGO-MAKER CONTENT.

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