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eLogoContest Terms and Conditions

eLogoContest is owned by GeekFace LLC. eLogoContest.com (hereafter described as "eLogoContest") provides the following terms and conditions for users of this site.

By signing up as a client of eLogoContest or using the eLogoContest.com site, you agree to be legally bound by these conditions. Please read these terms carefully. eLogoContest may change these terms at anytime by updating this posting. You should visit this page periodically to review these conditions, as they are binding to you.

This document is for both Designers and Contest Holders, certain sections are addressed to one or the other, please see context to figure out if it is referring to you.

Definitions:
The following terms are used within this document:
1. Designer: An individual who designs and submits designs to contests on eLogoContest.
2. Contest Holder: An individual holding a contest at eLogoContest
3. Contest: A project requiring graphics, specifically "logos".
4. Entry: A design submitted to a contest by a designer.
5. Winner: A design that has been selected as the winner of a contest
6. Prize: The amount established by the Contest Holder to be paid to the designer who wins the contest.

You acknowledge and agree that eLogoContest.com shall have the right (but not the obligation) in its sole discretion, 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, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities. You acknowledge, consent and agree that eLogoContest.com may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of eLogoContest.com, its users and the public.

eLogoContest strives to be a family friendly site, and as such, retains the right to refuse and refund, at our discretion, any projects or content that is a. Explicitly Adult in nature, or deemed inappropriate by eLogoContest
b. illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of other

Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.

1. FINANCIAL INFORMATION:

eLogoContest uses PayPal as our payment processor. We do not actually collect personal financial information. Please go to the PayPal.com site to read their terms and conditions and privacy policy.

2. PERSONAL INFORMATION:

You are solely responsible for the privacy of the information used to login to your account and eLogoContest is not responsible in any way for misuse of your account or for payment being sent to the wrong person due to illegal access to your account by individuals using your login information. eLogoContest reserves the right to freeze or hold payment on any funds owed to your account due to suspicious activity.

Regarding Contest Holders: Your full name may be displayed on eLogoContest along with your contest, the rest of any registered information, such as address and phone number are used only for internal purposes by eLogoContest.

Regarding Designers: Your full name and Country may be displayed on eLogoContest along with your contest, the rest of any registered information, such as address and phone number are used only for internal purposes by eLogoContest with the exception of the following: eLogoContest reserves the right to provide a designers registered contact information (including Full Name, Phone, Address etc.) to a Contest Holder who has selected that designers entry a the winning entry, once the contest holder has paid the prize in full, this is intended to provide the contest holder to contact the designer if the wish to hire them to provide further, or if any questions of Art Originality arise.

3. OWNERSHIP OF SUBMITTED ARTWORK:
Any submitted artwork remains the full property of the individual who has submitted it unless the entry has been selected as the contest "winner" and the prize payment has been made in full, with that exception at no time may anyone except the submitting designer use, save, modify or display the artwork without the express permission of the designer.

4. CLIENT RESPONSIBILITY REGARDING FINAL ARTWORK:
You agree that you will have no ownership whatsoever of any submitted artwork, until you have selected a submitted design as a "winner" and paid the prize for in full. At that time, the designer agrees (see section below) to transfer to you a royalty-free, irrevocable exclusive worldwide right to use "completed artwork" in any way whatsoever, the designer retains the rights to display the work in their portfolio and advertising as an example of the work they do. All designs NOT selected as a winner remain the full property of the submitting designers.

You agree that if you do not select a winner within 24 days of starting a contest the contest will be closed and you will no longer have the option of selecting a winner.

eLogoContest is simply the "middle man" between you and the logo designers taking part in the eLogoContest site. You hereby acknowledge that eLogoContest 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 any submitted artwork. Accordingly, you are encouraged to perform your own independent searches with regard to any submitted artwork before selecting a "winner". Furthermore, you acknowledge that eLogoContest shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the completed artwork, nor shall eLogoContest be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the completed artwork. You also agree that eLogoContest is in no way responsible for assuring the originality of any work delivered, and that it is your full responsibility to research all artwork received by you before using it in any way. eLogoContest is in no way responsible for any legal difficulty of any kind incurred by using any graphic design service purchased through eLogoContest.

5. DESIGNER RESPONSIBILITY REGARDING FINAL ARTWORK:
You retain all rights to any submitted artwork that has not been selected as a winner. By submitting artwork to a contest you agree that if a contest holder selects your entry within 24 days and makes payment of the prize in full you will transfer to the contest holder a royalty-free, irrevocable exclusive worldwide right to use "completed artwork" in any way whatsoever, you (the designer) retain the rights to display the work in your portfolio and advertising as an example of the work you do. You also agree that if your entry is chosen as a "winner" that you will upload a zip file containing the layered source file for the artwork, as well as any file formats that eLogoContest requests.

In the unlikely event that a contest holder selects your entry as a "winner" and fails to make payment of the prize you will retain full rights to the design.

6. SUBMITTING ARTWORK TO THE SITE:
No designs may be submitted that you did not create 100% from scratch and are your own unique creation and contain (to the best of your knowledge) no copyright or trademarked images or symbols in them. The only exception to this would be if the contest holder has requested to include specific existing images or logos in the design.

7. REFUNDS:
Fees paid to eLogoContest are Non-Refundable, this includes the fee to start a contest, as well as any fees paid to upgrade or promote a contest.
Prizes paid via eLogoContest are also non refundable, if the client chooses to prepay a contest they are agreeing that the total cash amount of the prize is non-refundable. In the case that a prepaid prize is not used (the contest holder does not select a winner), the prize will NOT be refunded, and eLogoContest will choose, in their sole discretion, what to do with the money.

8. CHARGEBACKS AND PAYPAL DISPURES:
You agree not to file a chargeback or open a PayPal Dispute for any reason. Any PayPal Disputes or chargeback issues are turned over to an external collection agency and may be pursued to the full extent of the law.

9. PAYMENT FOR DESIGNERS:
Upon a submitted design being selected as a "winning entry", the contest holder making payment of the prize, and successful uploading of the required files you shall have the total amount of the prize, minus the current "Admin Fee" (listed at http://www.elogocontest.com/logo-design-contest.php) credited to your account with eLogoContest. Unless otherwise agreed to by you and eLogoContest in writing (including by electronic mail), the full amount in your eLogoContest account shall be sent by eLogoContest on the 1st and 14th (or first business day thereafter if the date falls on a Weekend or US National Holiday) of every calendar month via the PayPal service. You must have a valid and current PayPal account to receive payment. In the event the Agreement is terminated, eLogoContest shall pay your earned balance to you within approximately ninety (90) days after the end of the calendar month in which the Agreement is terminated by you (following eLogoContest's receipt of your written request, including by email, to terminate the Agreement) or by eLogoContest. In no event, however, shall eLogoContest make payments for any earned balance less than the minimum amount allowable by the eLogoContest service. Notwithstanding the foregoing, eLogoContest shall not be liable for any payment based on: (a) any amounts which result from stolen or copyright graphics, as reasonably determined by eLogoContest or any payment record that eLogoContest find to be fraudulent. eLogoContest reserves the right to withhold payment or charge back your account due to any of the foregoing or any breach of this Agreement by you, pending eLogoContest's reasonable investigation, or in the event that an Contest Holder who is responsible for the prize payment defaults on payment for the designs to eLogoContest. In addition, if you are past due on any payment to eLogoContest in connection with the eLogoContest Service, eLogoContest reserves the right to withhold payment until all outstanding payments have been made or to offset amounts owed to you in connection with the Service by amounts owed by you to eLogoContest. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. eLogoContest may change its pricing and/or payment structure at any time. If you dispute any payment made under the Service, you must notify eLogoContest in writing within thirty (30) days of any such payment; failure to so notify eLogoContest shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by eLogoContest. No other measurements or statistics of any kind shall be accepted by eLogoContest or have any effect under this Agreement. The payments made under this Agreement are for use by you only and may not be transferred or in any manner passed on to any third party unless expressly authorized in writing by eLogoContest (including by electronic mail).

eLogoContest reserves the right to manually verify your payment information before making payment. eLogoContest will make every reasonable effort to contact you via phone and email to verify your account using, among other methods, the verification of your birth date or the last 4 digits of your social security number. If you are unable to verify the records that eLogoContest holds the funds may be frozen and payment may be held until further verification is received, including, but not limited to photocopies of your driver’s license. You agree that these eLogoContest is not responsible for any funds that are sent to an incorrect PayPal account.

10. NO WARRENTY:
eLogoContest MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING, CODE, POSTS, EMAIL, OR OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.

11. LIMITATIONS ON LIABILITY, FORCE MAJEURE
EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS AND/OR PROPRIETARY INTERESTS RELATING TO THE SERVICE, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii) ELOGOCONTEST'S AGGREGATE LIABILITY TO ANY DESIGNERS OR COMPANIES OUTSOURCING THEIR WORK TO eLogoContest.

ELOGOCONTEST IS NOT RESPONSIBLE FOR THE LOSS OR THEFT OF ANY PERSONAL INFORMATION OF PERSONS REGISTERED AT HTTP://WWW.ELOGOCONTEST.COM DUE TO THE ELOGOCONTEST WEBSITE, SCRIPT OR DATABASE BEING HACKED, DAMAGED, OR ILLEGALLY ACCESSED.

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