Byteknight Creations is a leading online corporate identity design service. The following terms and conditions govern your use of this site (the “Site”). Please read them carefully. By using this site or submitting an order, you indicate your acceptance of and agreement to the terms and conditions below. For the purposes of this agreement, “We” refers to Byteknight Creations and its authorized agents. “You” and “your” refer to the user of the Site. We encourage you to review the Site and these terms periodically for any updates or changes.
1. USE OF SITE
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose, commercial or otherwise, that is not expressly permitted by Byteknight Creations in writing.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. Byteknight Creations PROVIDES THIS SITE ON AN “AS IS” BASIS. Byteknight Creations MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE PRODUCTS OFFERED ON THIS SITE. Byteknight Creations DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE PRODUCTS SOLD ON THIS SITE, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL Byteknight Creations BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES.
WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM THE SITE FROM THIRD PARTIES NOT ASSOCIATED WITH US.
You acknowledge and agree that Byteknight Creations may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Byteknight Creations , its users and the public.
You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
You agree that you are responsible for actions and communications undertaken under your account. Byteknight Creations takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against Byteknight Creations and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Site. You agree to indemnify Byteknight Creations and its affiliates from all claims and expenses, including reasonable attorney’s fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.
You agree that you will use this Site and any logo and stationery, ordered on this Site in accordance with all applicable federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
We make our best efforts to display accurate pricing, but in the event of pricing errors we will contact you before accepting and processing your order with any necessary pricing adjustments. You maybe either accept the revised pricing or cancel your order.
Export operations regulated under existing legislation.
4. OUR RIGHTS
We may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind:
to satisfy any law, regulation, or government request; or
to protect our rights or property or the rights of users, sponsors, providers, licensers, licensees, vendors, or merchants.
We are not responsible for screening, policing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request removal of such Content from the Site.
YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE.
6. USER ACCOUNT, PASSWORD, AND SECURITY
You will receive a password and user account upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to (a) immediately notify Byteknight Creations of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Byteknight Creations cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
7. USER CONDUCT
In using this Site, you agree to not:
7.1.Upload, download, post, email or otherwise transmit any materials including but not limited to text, data, photos, graphics, stitch files, or any of these elements in combination as a design for products available on this Site or otherwise (“Content”) that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.
7.2.Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
7.3.Upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can’t use images of celebrities or corporate products, nor images, text, or design that you’ve copied from a website without written permission from the owner. You cannot create a “new” image using elements from images other people have created. And you cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
7.4.Upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
7.5.Upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
7.6.Upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
7.7.Upload, download, post, email or otherwise transmit false or misleading information;
7.8.Disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
7.9.Access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
7.10.Disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites;
7.11.Frame or link to the Site except as permitted in writing by Byteknight Creations;
7.12.Incorporate images or names that would violate a person’s right of privacy or publicity; or
7.13.Incorporate a celebrity, current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person’s name or likeness (for Byteknight Creations Custom Stamps).
8. INTELLECTUAL PROPERTY POLICY
Byteknight Creations respects the intellectual property rights of others. We ask our users to do the same. Byteknight Creations may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.
If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify us using [email protected] , and provide the following information (“Notice”):
– an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
– a description of the copyrighted work and/or trademark claimed to have been infringed;
– a description of where the claimed infringing Content is located on our Site;
– your address, telephone number, and email address;
– a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
– a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
9. INFORMATION FOR USERS
We help you to create a logo, icons drawn by illustrators, and can be taken on public sites, image banks, etc. In this regard, we can not give a 100% guarantee that someone else will not use their logo in the same icon as you have. But under the law, a unique combination makes the logo of the company name, colors, and relative position of shape icons, fonts used.
We don’t reserve the copyright on the logo and you get these rights. You can use the logo created as a prototype or a draft, passing it to the designer to make minor changes and then you’ll have the unique logo.
You agree that Byteknight Creations, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. Byteknight Creations may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Byteknight Creations may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that Byteknight Creations shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account.
The Site may provide, or third parties may provide, links to other websites or resources. Because Byteknight Creations has no control of such sites and resources, you acknowledge and agree that Byteknight Creations is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources or the policies or such sites and resources. Byteknight Creations is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. PUBLIC REPUTATION
You acknowledge and agree that you will not use any logo or stationery ordered from the Site in a way that would be damaging to Byteknight Creation’s public reputation or that of its employees, board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any logo or stationery ordered from Byteknight Creations, in a public setting, including on the Internet, in a way which disparages Byteknight Creations, Byteknight Creations’s board members, employees, shareholders or partners, Byteknight Creations reserves the right to demand immediate return of the product, to furthermore pursue all recourses and remedies available.
13. AGE RESTRICTIONS
You must be at least 18 years of age to use this Site. Please contact us if you have any concerns or questions about this restriction.
14. CORRECTION OF ERRORS AND INACCURACIES
The information and product listings on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any terms of this Agreement.
15. USE OF SERVICES
Byteknight Creations and its contents may only be used in accordance with the terms of this Agreement. Byteknight Creations makes available to you certain symbols (“Symbols”) fonts, colors and other design elements (collectively with the Symbols, “Design Elements”) that you may use to create and customize your own Logo. Through Byteknight Creations, you may access the Design Elements and, subject to the terms and conditions of the Agreement, Byteknight Creations permits you to (i) use and create derivative works of the Design Elements solely in connection with your creation of your own logo (each, a “Logo”) and (ii) reproduce, display, perform and distribute the Design Elements solely in connection with your Logo. Low resolution versions of the Symbols are provided free of charge, but may be used for non-commercial use only. High resolution versions require payment and may be used for commercial use. If you desire to use the Symbols for commercial use you must pay for the high resolution version.
Prior to creating and using any Logo, Byteknight Creations encourages you to perform due diligence to determine that the use of the Symbols is free of any adverse claims and is not subject to any third party rights. Symbols are provided through our third party content provider, who obtains the Symbols from other third party contributors (each, a “Contributor”) and all use of the Symbols is AT YOUR OWN RISK.
You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Design Elements, 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 Elements or third party submissions or other proprietary rights 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.
The rights to use the Design Elements contained in these Terms are personal to you, and may not be transferred, sub-licensed, or assigned to any other party, in whole or in part. Without limiting the foregoing, in connection with your use of Byteknight Creations you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Design Elements other than as specifically authorized herein is strictly prohibited.
16. THIRD PARTY MATERIAL
You acknowledge that Symbols have been provided by our third party content provider through submissions from other third party Contributors. Under no circumstances will Byteknight Creations or its third party content provider be liable in any way for any Design Elements, including, but not limited to, for any loss or damage of any kind incurred as a result of the use of any Design Elements.
You acknowledge that neither Byteknight Creations or its third party content provider has any duty to pre-screen Symbols, but that Byteknight Creations, its third party content provider and their respective designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Symbol that is available via Byteknight Creations. Without limiting the foregoing, Byteknight Creations, its third party content provider and their respective designees will have the right to remove any Content that violates these Terms or is deemed by Byteknight Creations, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Symbols, including, without limitation, the existence of any third party rights that may exist in such Symbols.
17. WARRANTY DISCLAIMER
DESIGN ELEMENTS OBTAINED THROUGH Byteknight Creations ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND Byteknight Creations(ON BEHALF OF ITSELF AND ITS LICENSORS) HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE DESIGN ELEMENTS OR ANY OTHER ASPECT OF Byteknight Creations, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR THAT USE OF Byteknight Creations WILL BE UNINTERRUPTED OR ERROR-FREE.
18. LIMITATION OF LIABILITY
NEITHER Byteknight Creations OR ITS THIRD PARTY CONTENT PROVIDER IS LIABLE TO YOU OR ANY OTHER PERSON (I) 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 Byteknight Creations (INCLUDING THE USE OF THE DESIGN ELEMENTS), UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Byteknight Creations HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) FOR ANY DAMAGES IN EXCESS OF THE GREATER OF AMOUNTS PAID BY YOU FOR USE OF Byteknight Creations OR FIVE DOLLARS ($5.00).
You hereby agree to indemnify, defend and hold harmless Byteknight Creations and its third party content provider and each of their respective officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively “Indemnified Parties”) 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 Logos, including, without limitation, all claims relating to your use of any Design Elements contained therein.