Warunki korzystania

Last updated: April 1, 2021

Introduction

This website is operated by the SMASHINGLOGO GmbH. Throughout the site, the terms "we", "us", "our" and "SMASHINGLOGO" refer to the SMASHINGLOGO GmbH. The SMASHINGLOGO GmbH offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

If you have questions about these terms, feel free to contact our customer service.

Our website and services are not directed to individuals under the age of 18. You hereby confirm that you are at least 18 years of age and will not use our services or end products for any unlawful purposes or to conduct any unlawful acts.

Merchant of Record

Our order process is conducted by Paddle (https://paddle.com). Paddle is the Merchant of Record for all our orders.
Please also review their Terms and Conditions before accessing or using our website.

Changes of the Terms

You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. In such cases, we will display a notice on our website. We encourage you to check these terms from time to time for any changes in case you might overlook the released notices. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Modifications to the Service and Prices

Prices for our products are subject to change without notice. Prices include VAT. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Intellectual Property

a. General

All generated logos are protected by copyright laws. You may not use any of the logos without obtaining a licence from us.
A license can be obtained by purchasing the logo. We make backups of all generated logos and regularly check whether they appear anywhere on the internet.

We retain the copyright and all associated rights to the original design. You can use the purchased logo for any commercial or non-commercial purpose. You have the full ownership of the purchased design as a whole, not to the individual elements like the used fonts or icons. The purchased license does not allow you to sell, assign, or transfer rights to the original design.

The user acknowledges that no trademark, copyright or service marks are being conveyed under this license agreement. Furthermore the user acknowledges that we have no obligation or duty to perform trademark, copyright or service marks searches to validate that the logo is not infringing on any trademark, copyright or service marks. We encourage the user to perform their own independent searches.

b. Third Party Design Resources

Prior to purchasing and using your end product, SMASHINGLOGO highly recommends you to perform a due diligence check to determine that the use of the design resources (e.g. the used symbols and fonts) is free of any adverse claims and is not subject to any third party rights. SMASHINGLOGO uses symbols provided by third party content providers (e.g. the Noun Project). They obtain the symbols from other third party contributors. All use of these symbols 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 design resources not owned by you: (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 fonts and symbols used during the design process might have been licensed from a third party provider. Under no circumstances will SMASHINGLOGO be liable in any way for any design resources, including, but not limited to, for any loss or damage of any kind incurred as a result of the use of any materials or any part thereof. You agree that you must evaluate, and bear all risks associated with, the use of any design resources, including, without limitation, the existence of any third party rights that may exist in such resources.

c. Hosting

You hereby grant us a worldwide, royalty-free, irrevocable, perpetual, non-exclusive license and permission to use the created end products, your name and likeness and any associated rights, including intellectual property rights for our internal and marketing purposes and that you have all the rights necessary to grant us such license.

Satisfaction Guarantee

If you have purchased a logo from us and created another logo on our website afterwards which you like better, you can ask for replacement within 30 days of purchase. You can take advantage of this replacement only once (per purchase). The acquired license is automatically transferred to the second logo. You are not allowed to use the first logo after it has been replaced with the second one.

Refund

After the logo has been purchased and the user has access to the files, they are not eligible for a refund. In order to treat everyone equally, no exceptions will be made.

Affiliate Program

We use a third party to handle all of the tracking and payment. The third party is Paddle (https://paddle.com). Please review their terms and conditions before you set up an affiliate account. All questions concerning the affiliate program, which are not specific to the SMASHINGLOGO website or the logo creation process, must be discussed with Paddle.

We reserve the right to approve or reject any affiliate application in our sole discretion. You will have no legal recourse against us for the rejection of your affiliate application.

Your affiliate application and status in the program may be suspended or terminated at any time including but not limited to the following reasons:

  • Inappropriate advertisements
  • Pay-Per-Click bidding on trademark terms: "SMASHINGLOGO" and any other term(s) that include(s) the words "smashing" and "logo" regardless if the spelling is uppercase or lowercase)
  • Pay-Per-Click bidding on business related keywords: including but not limited to "logo maker", "logo creator", "logo generator", "logo design", "create logo" and any other broad match of these keywords
  • Spamming
  • Violation of intellectual property rights
  • Giving the impression of being part of SMASHINGLOGO

You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are smashinglogo.com.

We reserve the right, at any time, to review your placement and approve the use of your links and require that you change the placement or use to comply with the guidelines provided to you.

We are not liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures or any results of intents of harm to our website.

Third-Party Services

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Violation

You may not use any of the generated logos for any purpose until payment has been made. You may not use the generated logos for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Privacy

Please review our Privacy and Cookie Policy for any concerns regarding your privacy.

Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Indemnification

You agree to indemnify, defend and hold SMASHINGLOGO and each of its respective officers, employees and affiliates harmless from all liabilities, claims, expenses, damages and costs arising out of the use of our services and created end products.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.