Electronic
Checks
5Forms eChecks Pro


Want to Browse
the Catalog?

Want to Browse
the Holiday Catalog?
Search
Browse Categories

5Forms & Logo Design Partners Terms & Conditions

By using 5Forms & Logo Design Partners and signing up as a Client, you agree to be legally bound by these Terms and Conditions of Use (the "Terms and Conditions"), including those terms and conditions incorporated by reference. Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions, you may not use the 5Forms & Logo Design Partners service. By placing any order with 5Forms & Logo Design Partners you agree to all our terms and it is your responsibility to read our terms. 5Forms & Logo Design Partners may revise these Terms and Conditions at any time by updating this posting. You should visit this web page periodically to review the Terms and Conditions, because they are binding on you.

In these Terms and Conditions, all services provided by and related to 5Forms & Logo Design Partners and all text, images, photographs, user interface, "look" and "feel", data and other content included at www.logodesignpartners.com from time to time (including, without limitation, the selection, coordination and arrangement of such content) are sometimes referred to as the "Website" and/or "Service".

You acknowledge and agree that 5Forms & Logo Design Partners 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 may be brought to the attention of the proper authorities. You acknowledge, consent and agree that 5Forms & Logo Design Partners 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 5Forms & Logo Design Partners or its affiliates, users and the public.

1. 5Forms & Logo Design Partners Service Generally.

(a) Description. The 5Forms & Logo Design Partners Service is an online offering where individuals or entities that have signed up with 5Forms & Logo Design Partners as clients (each, a "Client") can post specific assignments and project descriptions, including illustrative samples or other media (each, a "Creative Brief"), revise those Creative Briefs (each, a "Revision Brief") and obtain responses (each, a "Response") to those Creative or Revision Briefs from design experts retained by 5Forms & Logo Design Partners ("Members"). 5Forms & Logo Design Partners will provide you, as the Client, the Service according to the Package you have chosen as detailed in section 1(e) below. Your Responses will be created iteratively through a drafting cycle of Creative Briefs, Revision Briefs and Responses, ultimately resulting in a final Response conforming to your various Creative and Revision Briefs.

(b) Creative Brief and Responses. You are solely responsible for preparing and posting detailed descriptions of each of your Creative Briefs to the Website, including providing samples illustrating your Creative Brief and any relevant deadlines. 5Forms & Logo Design Partners is under no obligation to review a Creative or Revision Brief for any purpose, including accuracy, completeness of information, quality or clarity. 5Forms & Logo Design Partners may decide, in its sole discretion, to deny a Creative or Revision Brief.

(c) Reviewing Responses. When 5Forms & Logo Design Partners provides you with a Response, you are responsible for reviewing the Response. If you fail to promptly inform 5Forms & Logo Design Partners that the Response is not reasonably responsive to the related Creative Brief, you will be deemed to have accepted the Response. If you notify 5Forms & Logo Design Partners that you think a Response is not reasonably responsive to the related Creative Brief, you shall then submit to the Website a Revision Brief containing information regarding amendments or modification to be made to the initial Response. After you provide 5Forms & Logo Design Partners with a Revision Brief, 5Forms & Logo Design Partners will provide you with a subsequent Response that conforms to the additional criteria you requested. 5Forms & Logo Design Partners is not responsible for the content of Responses developed to the extent that such Responses are prepared to conform to your Creative or Revision Briefs.

(d) Revision Cycles. Revision cycles generally consist of unlimited additional compositions that incorporate changes you request in a Revision Brief. The purpose of the revision process is to create Responses that move your project forward in the specific direction you have determined. You may request significant changes in the first and second cycles, and the Responses generated might be quite different in nature from the original composition you selected. By the third revision request, your requests shall be modifications of the current composition only. Revision requests that depart from the then-current composition will be honored and completed in a timely manner, however, 5Forms & Logo Design Partners reserves the right to charge $50 for each such Revision. No revision work which requires payment, will be started without your authorization.

(e) Packages. You may select from the following Service Packages: Bronze Logo Design Package, Silver Logo Design Package, Gold Logo Design Package.

(f) Refunds. If you decide to cancel the service prior to receiving the Initial Responses, you will be entitled to a refund, less a service and processing fee of 50% of the package cost.  If you are not satisfied with the Initial Responses provided by 5Forms & Logo Design Partners, there is no refund.  Our design team will work with you to develop a logo that you are satisfied with. There are no refunds for any rush service charges. 24-hour design fees and 24-hour rush changes are non-refundable.

(g) Project Duration. You agree to provide timely responses to any status notifications that 5Forms & Logo Design Partners sends to you. You shall have 30 days to respond to each Response sent to you. If after 30 days you have failed to respond, 5Forms & Logo Design Partners will assume that your project is complete and the project shall be deemed completed. At such time, 5Forms & Logo Design Partners will have no further obligation to you, and you will pay 5Forms & Logo Design Partners pursuant to the provisions of these Terms and Conditions. Notwithstanding the foregoing, 5Forms & Logo Design Partners reserves the right, in its sole discretion, to terminate your access to all or a portion of the Service, at any time, with or without notice. In the event of such termination, 5Forms & Logo Design Partners will determine, in its sole discretion, whether you are entitled to any refund.

2. Prohibited Uses. You agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Website that (i) is copyrighted, unless you are the copyright owner; (ii) reveals trade secrets, unless you own them; (iii) infringes on any other proprietary or intellectual property rights of others, on the privacy or publicity rights of others, or any statutory right; (iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; (v) is sexually explicit; (vi) constitutes advertisements or solicitations of business, chain letters or pyramid schemes; or (vii) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You further agree not to (a) use any incomplete, false or inaccurate biographical information (b) delete or revise any material or other information of any other user of 5Forms & Logo Design Partners; (c) take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure; (d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Website; (e) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engine and search agents available from 5Forms & Logo Design Partners on the Website and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer and Netscape Navigator); or (f) attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Website.

3. Ownership; Rights to Use.

(a) Service Generally. Except as expressly contemplated under these Terms and Conditions, as between 5Forms & Logo Design Partners and you, 5Forms & Logo Design Partners will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Service, in all media now known or later devised, to the fullest extent provided under Minnesota law.

(b) Creative and Response Briefs. Upon submission of a Creative or Response Brief or any other information or media provided by you in connection with your use of the Service (collectively, the "Client Information"), 5Forms & Logo Design Partners and its agents shall have all rights and licenses necessary to use such Client Information for the purpose of obtaining Responses and for archival purposes. Each Member to whom your project is made available has the right to review and display the relevant Response Brief for purposes of preparing a Response.

(c) Rights of 5Forms & Logo Design Partners. Upon your submission of Client Information to the Service, you grant 5Forms & Logo Design Partners a royalty-free, perpetual, irrevocable, sub-licensable , exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with the Service and Responses.

(d) Rights of Clients. Subject to your compliance with these Terms and Conditions, you shall own the final Response composition provided to you by 5Forms & Logo Design Partners (the "Final Product"). You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the Final Product, and 5Forms & Logo Design Partners expressly reserves all right, title and interest in and to the same. You acknowledge and hereby grant to 5Forms & Logo Design Partners a royalty-free, irrevocable exclusive worldwide right to use Creative and Revision Briefs, individual Responses provided to you, and Final Product for internal and archival purposes, and in order to display and promote the 5Forms & Logo Design Partners Service. 5Forms & Logo Design Partners retains the rights to all artwork concepts and other content not selected by you. You acknowledge that your ownership rights under these Terms and Conditions are limited to the Final Product, and that no trademarks or service marks in or to any Final Product are being conveyed under these Terms and Conditions.

You hereby acknowledge that 5Forms & Logo Design Partners 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 the Final Product. Accordingly, you are encouraged to perform your own independent searches with regard to the Final Product. Furthermore, you acknowledge that 5Forms & Logo Design Partners 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 Final Product, nor shall 5Forms & Logo Design Partners be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the Final Product.

4. Nondisclosure and Privacy. 5Forms & Logo Design Partners intends to use commercially reasonable efforts to follow its privacy policy, as such privacy policy may be changed from time to time at 5Forms & Logo Design Partners' sole discretion. Notwithstanding the foregoing, 5Forms & Logo Design Partners cannot and does not assume any responsibility or liability for any information submitted or for the use or misuse of any information submitted by you or any other person, including, without limitation, any information accessed by a hacker or by any other malicious act.

5. Disclaimers; Indemnification; Limitations of Liability.

(a) Responsibility for Content. 5Forms & Logo Design Partners shall not be responsible for any use that is or is not made of the Service. Without limiting the foregoing, 5Forms & Logo Design Partners makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any Creative Brief, Responses or User Identity) that are communicated through, or posted to, the Service, whether by Members, Clients, 5Forms & Logo Design Partners or otherwise, nor does 5Forms & Logo Design Partners endorse any opinions expressed by any user of the Service, including any Member or Client. Without limiting the foregoing, 5Forms & Logo Design Partners makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to these Terms and Conditions. You acknowledge that any reliance on information or other material, including, without limitation, any information related to a particular Package or your project, Response or User Identity, communicated through the Service will be at your own risk. Without limiting the foregoing, you agree and acknowledge that you use each Response at your own risk and that you are responsible for taking any actions you deem reasonable to determine whether your use of a Response will infringe any statutory or third-party intellectual property, privacy or publicity rights. Photos/Images: 5Forms & Logo Design Partners shall not be responsible for any use of photos that are not royalty free. It is the client’s responsibility to purchase and pay for all rights to use any photos, images, graphics, icons, logos, and/or designs for any designs created by 5Forms & Logo Design Partners for the client. This includes website templates, brochures, business cards, postcards, stationery, signage, animations, commercials, slogans, flyers, banners, stickers, promotional items, and/or desktop wallpapers.

(b) Disclaimer of Warranties. THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS." 5FORMS & LOGO DESIGN PARTNERS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEBSITE, INCLUDING ANY PART THEREOF, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE, INCLUDING ANY RESPONSE, USER IDENTITY OR LINKED CONTENT. 5FORMS & LOGO DESIGN PARTNERS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 5FORMS & LOGO DESIGN PARTNERS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEBSITE, OR ANY PART THEREOF; (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE; AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NON-PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY 5FORMS & LOGO DESIGN PARTNERS OR ANY THIRD PARTY. FURTHERMORE, THERE IS NO WARRANTY THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

(c) Indemnification. You hereby agree to defend, indemnify and hold harmless 5Forms & Logo Design Partners and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from any action, claim, demand, or liability arising from or relating to your violation of any of these Terms and Conditions or use of the Service, and any expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees.

(d) Limitation of Damages. IN NO EVENT SHALL 5FORMS & LOGO DESIGN PARTNERS, ITS EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF 5FORMS & LOGO DESIGN PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. 5FORMS & LOGO DESIGN PARTNERS’ TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID UNDER THESE TERMS AND CONDITIONS.

(e) Website Domain Name Registration (URL). 5Forms & Logo Design Partners is not responsible for any domain name registration. 5Forms & Logo Design Partners will only register your domain name once your project has entered the website design department. 5Forms & Logo Design Partners will not be responsible if your domain name has been registered after you have placed your order. It is your responsibility to secure your own domain name before you order our website design package.

6. Miscellaneous. These Terms and Conditions set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings (excluding any associated agreements required by 5Forms & Logo Design Partners (e.g., privacy policy) as a condition precedent to Clients' use of the Service), between you and 5Forms & Logo Design Partners regarding the subject matter of these Terms and Conditions. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way. These Terms and Conditions shall be governed by the state of Minnesota without reference to any choice of law rules that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to these Terms and Conditions shall be submitted to the federal courts having jurisdiction in Minnesota or courts having jurisdiction in the area in which such federal courts have jurisdiction, and the parties consent to the personal jurisdiction of such courts with respect to such disputes. You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless 5Forms & Logo Design Partners agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void. 5Forms & Logo Design Partners may assign or otherwise transfer any of its rights or the performance of any of its duties without your consent. The waiver by 5Forms & Logo Design Partners of a breach or a violation of any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of these Terms and Conditions.

(a) Force Majeure. If the performance of any part of these Terms and Conditions by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that such performance is prevented, hindered or delayed by such causes.

(b) Further Assurances. The parties hereto shall, at their own cost and expenses, execute and deliver such other documents, artwork, programming code and instruments and shall take such other action as may reasonably be required or appropriate to evidence or carry out the intent and purposes of these Terms and Conditions.

Join for Coupons
Or Text
5FORMS to 22828

You should follow us on


Find us on
Facebook.com/5Forms


5Forms Order Status





Shopping Cart
Your cart is empty.
Search Shopping Lists