This is an agreement between LogoTrader.com and __________________________ (the Member).
This Membership Agreement describes the terms and conditions of membership in the LogoTrader.com community and is in addition to the Terms of Use applicable to the website (the Site). The Site is operated by LogoTrader.
The Member shall be granted full access to the membership sections of the Site.
Access to and use of the membership sections of the Site are provided by LogoTrader solely on the condition that The Member accepts the terms and conditions of this Membership Agreement and the Terms of Use. Refusal to accept and conform to any part of either this Membership Agreement or the Terms of Use will render this agreement null and void, resulting on denial of access to the Site.
In the event of any inconsistency between this Membership Agreement and the Terms of Use, the terms of this Membership Agreement shall prevail.
LogoTrader reserves the right to change or modify any part of this Membership upon notice published on the Site. The continued use of the membership sections of the Site by the Member after the posting of such notice constitutes binding acceptance of the amended terms and conditions in this Membership Agreement. If at any time the terms and conditions of this Membership Agreement are no longer acceptable, the Member may immediately cease use of the membership sections of the Site.
Payments
- Upon presentation of credit card information the Member affirms that he/she is the cardholder and that all billing information provided is accurate. By approving the purchase of the product or service, the Member authorizes LogoTrader to charge the designated credit card, or PayPal account, for the total amount of the purchase.
Use of Content
- The Member acknowledges that the Site contains or may contain information, software, photographs, illustrations and other material (Content) which is protected by copyright, trademark or other proprietary rights of LogoTrader, its affiliates or other third parties (including other members).
- The Member may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, reverse engineer or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Membership Agreement or any other agreement entered into at the time such Content was downloaded (e.g. Content License Agreement).
- Content is provided to the Site through members entering into an Artists Supply Agreement, which may be either exclusive or non-exclusive, as described in the Supply Agreement. Pursuant to the provisions of the Supply Agreement, Content which is wholly owned by the Member may be posted. The Member may download Content only in accordance with the terms of this Membership Agreement and the Content License Agreement.
Passwords
- The Member acknowledges and agrees that the user identification assigned by LogoTrader (Member Name and Password to be selected by the Member) will be used solely to access and utilize the membership sections of the Site will remain secret and confidential. The Member shall not disclose Member Name or password information to any other party without the express written permission of LogoTrader.
- The Member acknowledges and agrees to be responsible for each and every access or use of the Site that occurs in conjunction with assigned Member Name and password, and that LogoTrader is authorized to accept the assigned Member Name and password(s) as conclusive evidence that the Member has accessed or utilized the membership sections of the Site. The Member acknowledges that such password(s) are unique. LogoTrader staff does not have the ability to access password(s). LogoTrader has authority to request password(s) to meet certain requirements (such as a minimum or maximum number of characters) and to reset password(s) as needed.
Managing Content
- LogoTrader reserves the right to delete, move or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Membership Agreement or is otherwise unacceptable. You shall remain solely responsible for all communications made or Content uploaded. LogoTrader reserves the right to correct any errors or omissions in content, but is not obligated to do so. Any screening of content by LogoTrader is a service that is provided as a courtesy only. LogoTrader respects the intellectual property of others, and we ask our users to do the same. Members who believe that their work has been copied in a way that constitutes copyright infringement, or intellectual property rights must provide LogoTrader with notice of such infringement in the manner described under Notice and Procedure for Making Claims of Infringement in the Terms of Use.
Confidentiality
- The Member agrees that the confidential information described below constitutes valuable, confidential, proprietary information of LogoTrader and its licensors. The Member agrees to refrain from use or disclose of confidential information, except as specifically authorized under this Membership Agreement or as required by applicable law. This clause applies during the term of this Membership Agreement and extends beyond the termination of this agreement.
- Confidential Information is defined as any and all data, information, documents, software or materials relating to the business and management of LogoTrader, its members, affiliates, licensors or licensees, that is designated as confidential or is reasonably considered confidential, including but not limited to their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, members, methodologies, Site content belonging to others and other intellectual property.
Term and Termination
- This Membership Agreement is effective until terminated. The Member may terminate this Membership Agreement at any time by emailing help@LogoTrader.com or by such other means of written notice which enables confirmation of member identity and intent to terminate. LogoTrader reserves the right to restrict, suspend or terminate the Members right to access the membership sections of the Site at its discretion without prior notice or liability.
- LogoTrader may change, suspend or discontinue all or any aspect of the Site including the availability of any feature, database, or Content, without prior notice or liability.
- LogoTrader may terminate or suspend access to the membership sections of the Site for inactivity, which is defined as failing to access the membership sections of the Site for an extended period of time, as reasonably determined by LogoTrader.
- Termination of this Membership Agreement does not relieve the Members responsibilities to pay any amounts due to LogoTrader under this Membership Agreement or obligations restrict use of the membership sections of the Site or any Content other than in the manner permitted under this Membership Agreement or any other agreements which may entered into at the time such content was downloaded (e.g. Content License Agreement).
- Termination of this Membership Agreement shall occur without prejudice to LogoTraders rights, defenses and limitations of liability provided under this Membership Agreement. All rights, defenses and limitations of liability shall survive termination of this Membership Agreement.
- The Member agrees to forfeit all download credits remaining the Member account upon termination of access to the membership sections of the Site.
DISCLAIMER OF WARRANTIES
- The site, including any content contained therein, is provided "as is" without representation, warranty or condition of any kind, either express or implied, including, but not limited to the implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. LogoTrader does not represent or warrant that the site or the content will meet member requirements or that use will be uninterrupted or error free.
- LogoTrader does not represent or warrant that the site or its content is free of viruses or similar contamination or destructive features.
Limitation of Liability
- The Member assumes all responsibility and risk for use of the site including any of the content or information contained therein.
- In no event shall LogoTrader or its directors, officers, employees, shareholders, partners, licensors or agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages, including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss in connection with any claim, loss, damage, action, suit or other proceeding arising from this membership agreement, including without limitation member use of, reliance upon, access to, or exploitation of the Site, its content or any part thereof, or any rights granted hereunder.
- LogoTraders maximum liability under this Membership Agreement or in respect of the use or exploitation of any or all part of the Site or the content in any manner shall be limited to five ($5.00) Canadian dollars.
- In the event the Member resides in a jurisdiction that does not allow for the limitation or exclusion of liability for incidental or consequential damages, the above limitation or exclusion shall not apply. In such jurisdictions, the liability of LogoTrader or any of its directors, officers, employees, shareholders, partners, or agents shall be limited to the greatest extent permitted by law.
Age and Responsibility
- The Member attests that he/she is of sufficient legal age to use the Site and to enter into binding legal obligations for any liability incurred as a result of the use of the Site. The Member assumes responsibility for use under the assigned Member name and password of the Site (as well as for use of the assigned Member Name and password(s) by others, including without limitation, minors). The Member agrees to supervise all use of the Site by minors of the Site using the assigned Member Name and password.
Applicable Law
- The Site is controlled, operated and administered by LogoTrader from within Belgium. The Site can be accessed from all provinces and territories of Belgium, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of Belgium, by accessing the Site, the Member acknowledges and agrees that this Membership Agreement shall be governed by the federal laws of Belgium without reference to conflicts of laws principles. The Member hereby irrevocably submits to the exclusive jurisdiction of the Courts of Belgium as they apply to the matter of this Membership Agreement. This Membership Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
- The Member consents to service of any required notice or process via email, registered mail or overnight courier with proof of delivery notice, delivered to the mailing address or any other form of contact provided by the Member at the time access to the membership sections of the Site is first granted or such other address as the Member may advise LogoTrader to use in writing.
- Any and all disputes in connection with this Membership Agreement, including its validity, interpretation, performance and breach, shall be submitted to arbitration in Antwerp, Belgium, pursuant to the rules of the Arbitration Act in effect at the time arbitration is demanded.
- Providing LogoTrader is successful in the event LogoTrader is obligated to resolve a dispute through trial rather than arbitration to enforce any of its rights or to collect fees, the Member shall reimburse LogoTrader for its legal fees, costs and disbursements.
General
- The Member specifically agrees and acknowledges that he/she has, reviewed the terms of the Terms of Use in addition to the terms of this Membership Agreement, and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation herein the Member agrees to be bound by them.
- LogoTraders failure to strictly enforce performance of any provision of this Membership Agreement shall not be construed as a waiver of any provision or right. If any provision or part of this Membership Agreement is wholly or partially unenforceable or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
- This Agreement is not assignable without LogoTraders prior written consent. LogoTrader may assign this Agreement without the Members consent to any other party providing all parties agree to be bound by its terms.
- The parties have requested that this Membership Agreement and all documents relating thereto be drawn up in English.
Contact
- Concerns relating to the Site or this Membership Agreement, must be addressed to LogoTrader at help@LogoTrader.com
Acknowledgement
- The Member acknowledges that he/she has read this Membership Agreement, understands it, and agrees to be bound by its terms and conditions. The Member further agrees that it is the complete and exclusive statement of the agreement between the Member and LogoTrader, which supersedes any proposal or prior agreement, oral or written, and any other communication between the Member and LogoTrader relating to this Membership Agreement.