This Agreement is effective on March 7, 2018.
Brandzy provides an an online platform that enables designers (“Sellers”, “Designers”, “Artists”) to upload, create and sell (the “Service”) their original visual identities, including logos (collectively, ”ID’s”) and various other design assets for our customers (“Buyers”, “Customers”, “Client”). Buyers can use the Service to find an ID and related branded products in the Brand Hub, such as letterheads and business cards (referred to herein as “Content”, and collectively, the “End Products”). The IDs have been created by provided by third-party graphic designers (“Sellers”, “Designers”, “Artists”) in Brandzy’s online Design Tool. In this Agreement the term “User” shall refer to any person making use of the Site, whether as a Client, a Designer or as both.
The Service allows authorised Artists to create IDs in Brandzy’s Design Tool and publish them on the Site for sale. The Service also allows Users to purchase and download these IDs from the Site. By using Brandzy, each Artist grants Users the right to use the Artist’s Content for both personal and commercial use once the ID is purchased.
2. Third Party Design Resources
You may use purchased End Products outside of the Site, whether for commercial or personal purposes. Prior to creating and using any End Product, Brandzy highly recommends you to perform due diligence to determine that the the Design Resources are free from any adverse claims and are not subject to any third party rights. Icons used in logos have been created by Third Party Designers under contract by Brandzy, but it is not possible for Brandzy to verify the rights pertaining to every Design Resource. You shall not license, sub-license, rent, gift, lend, assign, sell or otherwise transfer or distribute for any purposes whatsoever any portion of these Design Resources without the express prior written consent from Brandzy, other than the End Product in relation to which you may transfer your rights to a transferee in connection with a sale of all or substantially of all your assets to the same transferee. You acknowledge that some fonts used during the Design Process might have been licensed from a third party provider. Under no circumstances will Brandzy be held liable in any way for any Design Resources, including, but not limited to, for any loss, damage or claim 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 the 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.
After you have purchased an End Product, we will provide you with access credentials to a personal account on the Site (the “Account”). You will be able to download products from your Account that are included in the purchase of the End Product. These products may include:
Your purchased logo in various forms and formats (PNG and SVG formats). You may use these products when producing content, both digital and physical.
The fonts included in your logo will be available to you for download. These fonts have been created by third-party graphic designers (see Paragraph 3. Third Party Design Resources), and are not exclusive to you.
Included in the purchase are several formats of digital Branded Content. This includes a front cover for business cards, letterhead, mobile background, computer wallpaper, Facebook banner, Instagram photo, Linkedin banner, Twitter background and more. You may use all these End Products on any personal or commercial platform. Under no circumstances will Brandzy be liable in any way for any misuse of these End Products. It is your own responsibility to check the quality of these End Products, both digital and in case of printing. More Branded Content may be added to your Account and made available for use by you. The terms of this Agreement (as amended and updated by Brandzy from time to time) will apply to any and all future End Products available on your Account.
4. Accessing your account
You agree (a) not to provide User IDs to anyone who is not your employee, and (b) to ensure that all individuals permitted to use the User IDs are aware of and have agreed in writing to comply with the terms of this Agreement. Throughout the Design Process you will be providing information to better create your End Product, and you are legally responsible for all information that is used to create your End Product. Brandzy is not responsible for the content you provide neither as to the End Product. You hereby grant Brandzy a worldwide, royalty-free, non-exclusive license to host the designs created and warrant that you have all the rights necessary to grant us such license. You are responsible for any content and/or End Products that may be lost or unrecoverable through your use of the Services. You are encouraged to archive your End Products regularly and frequently. You are solely responsible for the accuracy and appropriateness of all data and content of your End Products, logos and brands; including name, taglines and details. Brandzy will not be held responsible for inaccurate information and any potential damages caused by such inaccuracies. You further understand that Brandzy may not maintain copies of files featuring your designs.
5. Client Use Of The Site
You accept sole responsibility for all of your activities using our Site, including content that you submit or share via Brandzy. You will not use our Services for any illegal purpose. You are responsible for ensuring that you do not violate any applicable laws, including but not limited to copyright, IP, trademark, design and patent laws. Brandzy may determine in its sole discretion whether or not an Account is in violation of any of this Agreement or Brandzy’s policies. Violations may result in User information tracking with such information being stored to identify the offending user. Offending User may be permanently restricted from holding an account or using the Services. If Brandzy reasonably determines that your Account is being used for illegal or fraudulent activity, your Account may be immediately terminated. We may also report you to law enforcement officials in appropriate jurisdictions.
In addition, you agree to all of the following:
1. You hereby confirm that you are at least 18 years of age and will not use the Service or End Products for any unlawful purposes or to conduct any unlawful acts, including fraud, embezzlement, money laundering or to impersonate another person.
2. You will not imply or claim that you are affiliated with or endorsed by Brandzy.
3. You will not access the Services or the Account by any means other than through the interfaces provided by Brandzy and you will not attempt to or actually override or sabotage our security. In addition you will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Brandzy’s infrastructure.
4. You agree that Brandzy shall not be responsible for any loss or damage of any sort, directly or indirectly, incurred as a result of using or clicking on any third party links appearing on our Site.
5. You will not create End Products that are: pornographic, sexually explicit, violent, racist, reasonably likely to cause harm, or that could be reasonably considered as slanderous or libellous.
6. Designer Use Of The Site
You hereby agree that you will use the Brandzy website and any related services only for lawful purposes.
Specifically you agree that you will not:
- submit logos to Brandzy that are also available for sale anywhere else online, unless an alternative agreement has been reached with Brandzy;
- register under a false name;
- provide invalid or unauthorized contact information;
- access another user's account without permission;
- submit logo designs to Brandzy that are not your own, unique and original creations;
- impersonate another user or participate under a false name;
- violate any laws, third party rights, or our rights;
- circumvent or manipulate our fee structure, the billing process, or fees owed to us;
- post false, inaccurate, misleading, defamatory, libelous or illegal content;
- take any action that may undermine the feedback systems;
- take any action that may undermine the ratings systems;
- use any Brandzy.com feature to distribute spam, in its broadest definition;
- use any Brandzy.com feature to distribute computer viruses or harmful code, in its broadest definition;
- place (in our sole discretion) an unreasonably large load on our server(s) or other technical infrastructure;
- copy, modify, or distribute content from the Site and/or our copyrights and trademarks;
- create derivative works from logos or any other content found on the Site;
- harvest or otherwise collect information about users, including email addresses, without their consent; or
- reverse engineer or attempt to reverse engineer the Brandzy algorithm, systems, Design Tool, processes or any other part of the Site.
- We reserve the right to report any unlawful or fraudulent conduct to law enforcement, and we will cooperate with law enforcement to ensure that violators are prosecuted to the fullest extent of the law.
- We reserve the right to, at our sole discretion and at the first violation, remove all logos uploaded by a designer, confiscate all funds in a designer's account, close the account and permanently block the designer from using the Site should the designer sell or attempt to sell
- another's copyrighted material through the Site or
- material that is substantially copied from another's copyrighted material or material that we reasonably suspect to be subject to third party copyright or intellectual property rights or
- any material that is also offered for sale or published elsewhere on the Internet, even if it is the designer's own work or
- any material that constitutes or contains illegal images of any kind.
- You hereby agree and give permission that your funds confiscated in this manner and for this reason shall be used to issue refunds to clients where appropriate and the remainder shall be forfeited and you waive all rights or claims against Brandzy or other users in connection with such funds.
- Brandzy offers a "remember me" function which is optional. When logging in with the remember me option enabled, Brandzy places a cookie on your computer. The cookie allows us to identify you when you return to the site at a later time. The use of this feature increases the risk of your account being compromised, especially when used on a public computer. Use of the remember me function is at your own risk.
- By submitting any information or material to the site:
- You agree that Brandzy may publish such information or material on Brandzy, other properties, social media, in print, etc.
- You agree that logos sold on Brandzy may be retained on Brandzy indefinitely and that you will lose the ability to delete a logo once it has been sold.
- You declare that you understand and accept the inherent risk that information/material you submit to Brandzy may result in discussion/comments from Brandzy or other users which you may find offensive or which you may experience as harmful to you, in which event your only recourse will be to remove your information/material from the site.
7. Reservation of Rights
We retain the right, but do not have an obligation, in our sole discretion, to stop/prevent/remove any project or transaction or to remove any user submitted material, at any point, for any reason.
We retain the right, but do not have an obligation, in our sole discretion, to prevent access to our Site at any point, for any reason.
Brandzy does not endorse any logo submitted by designers to the Site. While each logo is approved by Brandzy before it is published on the site, Brandzy cannot and does not guarantee that such logos are not in violation of existing copyrights, intellectual property rights, trademarks, trade names or any other third party rights to the material.
Brandzy does not endorse any opinion, advice or recommendation expressed by Users.
Brandzy expressly disclaims any and all liability in connection with content submitted to it by its users, even when such material was approved for publication by Brandzy.
No community review feature or similar system shall create an obligation for Brandzy to accept or reject user submitted material based on the acceptance/rejection thereof by the user community, nor will Brandzy be under any obligation to motivate or make public its selection processes, systems or criteria for selecting user submitted material for publication on the site. Approval for publication of any material on the site remains at the discretion of Brandzy staff.
We retain the right, but do not have an obligation, in our sole discretion, to reject user-submitted content, at any point (including after it was initially accepted for publication), for any reason. We will not be obligated to offer a reason or explanation for our decision to accept or reject user-submitted content.
We retain the right, but do not have an obligation, in our sole discretion, to retain sold logos on the site indefinitely. Sold logos form part of our "collective portfolio" that serves to showcase what Brandzy designers can do. We may remove, delete or archive sold logos at our discretion.
Brandzy has a zero-tolerance policy for violations of copyright or intellectual property. We retain the right in our sole discretion to take whatever steps we deem necessary to prevent the submission of designs that infringe on the rights of third parties. Any and all obligations Brandzy has towards a designer shall cease immediately and entirely once a designer uploads a design to Brandzy where the design constitutes, in our sole discretion, a clear violation of third party rights.
We retain the right to charge designers a commission on logo sales and we retain the right to revise the commission percentage and/or the commission structure from time to time, at our discretion. Any changes to the commission percentage or structure will be published on the site, in advance.
We retain the right to take any action that we, in our sole discretion, deem necessary to protect ourselves, the integrity of the Brandzy systems and its reputation. Actions include without limitation suspension, termination, confiscation of funds, banning Users from the Site and/or legal actions.
8. Legal Relationships and Obligations
Brandzy is an online platform for logo designers to sell their original work.
We may use Brandzy ourselves to buy and sell logos under the account name "Brandzy". Furthermore, Brandzy staff may participate in their private capacities. The Brandzy account and Brandzy staff accounts shall function as normal User accounts and receive no preferential treatment.
Designers agree to behave in a professional manner in all their dealings with Brandzy, with other Designers and with Clients. We reserve the right to suspend any User's account for unprofessional conduct. If a Designer (at any point and in our sole discretion) displays unprofessional conduct when dealing with a Client, Brandzy will have the option to re-assign the project to a Brandzy staff designer. For the purpose of this agreement, Designers agree that professional conduct towards a Client shall include, but not be limited to treating Clients fairly, treating Clients with respect, refraining from the use of foul language and name calling anywhere on the Site, refraining from arguing with the Client wherever possible and doing their utmost to resolve conflict speedily and to the satisfaction of the Client.
Brandzy is an English medium website. Designers acknowledge that a basic proficiency in the English language is a requirement for the successful completion of any design project.
Each member is fully and solely responsible for satisfying all tax, governmental reporting and any other legal requirements in their own countries/jurisdictions.
No agency, employee-employer relationship, joint venture, franchise or partnership is intended or created by this Agreement.
You hereby agree that you are solely responsible for any content that you upload to the Site and any consequences of uploading such content. By uploading logo designs or any other content to the Site you affirm, represent and/or warrant that you are legally entitled to share and sell such content. Brandzy will, at the first offence, close your account, delete all your work from our Site and/or databases, confiscate any funds in your account and permanently block you from selling logo designs at the Site, should you be found to, at the sole discretion of Brandzy, offer for sale any material that you are not legally entitled to sell.
When a logo is sold or when client feedback is received Brandzy will email an automated notification to the designer. The email address on file at Brandzy will be used for this purpose. Brandzy may choose to send follow-up emails to non-responsive designers, but will not be obligated to do so.Brandzy cannot and does not guarantee that any emails will be sent, received or delivered successfully. Designers are advised to sign into their Brandzy accounts regularly to view their sales and respond to their clients if needed. Reliance on email notifications from Brandzy will be at the Designer's own risk.
Brandzy allows Users to pause their accounts for up to thirty (30) days. The pause feature will hide User submitted logos from potential Clients. Brandzy has the option, but not the obligation, to automatically or manually "un-pause" any account that has been paused for more than thirty days. Brandzy is not required to notify designers when an account is un-paused. Designers who wish to maintain a paused account for more than 30 days may do so by logging in every 30 days, un-pausing and then re-pausing the account.
Brandzy requires that Designers supply their real name and surname for the purpose of copyright transfer in the event of a sale. Brandzy has the option to request that Users verify their information by submitting identifying documentation as determined by Brandzy. Failure to supply a real name and surname or failure to provide satisfactory identifying documentation when requested may result in account suspension, delays in payment and/or the removal of the Designer's logos from the Site.
Brandzy offers a feature that allows prospective clients to contact designers through the site. This feature is disabled by default. Designers who elect to enable the contact feature acknowledge that this may result in an increase in unwanted emails, including "spam" and potentially harmful content. Brandzy does not actively monitor or filter messages sent through this feature and will not be held accountable for loss or damage suffered as a result of the use of this feature. Designers who enable it do so at their own risk.
Logos purchased from Brandzy may be used for any purpose and may be resold on Brandzy, directly to a client or through any other service. However, if a logo purchased from Brandzy is entered in a logo contest or logo competition, you (1) agree to properly attribute the logo to the designer who created the logo and you (2) agree that Brandzy will be under no obligation to issue a refund to you in the event that the logo is not the winning entry in the logo contest/competition, even if all other conditions for the refund has been met.
If you purchase a logo from Brandzy.com you agree to the terms of the refund policy in full, as linked to from this document in the Supporting Documents section. Brandzy will be under no obligation to issue a refund unless all refund conditions are met. Specifically, once a logo revision is made and/or approved, a refund is no longer possible. This limitation is designed to protect designers against fraud and explicitly also applies if the final logo files were not downloaded by the buyer. By making/approving the logo review, you expressly agree that the contract is fulfilled with immediate effect and you expressly waive any right to a withdrawal period.
9. Fees and Payments
There is no cost to browsing the Site or to selling logo designs on the Site. However, if you desire to use the End Products, you be subject to, upon the completion of the Design Process (the “Fee”), payment of fees, one-time and/or subscription, as determined by Brandzy in its sole discretion and notified in relation to such Services (“Fee(s)” or “Paid Tool(s)”). If you wish to use these Paid Tools, or use any of Brandzy’s End Products outside of the Site, whether for commercial or personal use, you are required to pay all applicable and respective Fees in advance. You hereby acknowledge and understand that additional services or End Products that may be introduced in the future may be subject to additional fees. All Fees paid are non-refundable. If you purchase any Services or End Products that we offer for a Fee, you agree to Brandzy storing your payment information. You expressly agree that we are authorized to charge you (i) the stated Fee, (ii) any other Fees for Services you may purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. Brandzy retains the right to charge designers a commission on logo sales and the right to revise the commission percentage/structure from time to time.
You understand that additional services or End Products that may be introduced in the future may be subject to additional fees. You further acknowledge and approve that Brandzy reserves the right to change its Fees at any time, at its sole discretion, upon notice to you if such change affect an existing subscription you own. If you received a discount for a subscription fee, or any other promotional offer for a subscription fee, Brandzy shall have the right to renew your subscription automatically and without notice at the full applicable Fee.
One Time Fee Refunds
One time End Product fees are non-refundable. If a User has reason to believe that he/she/it was charged on error he/she/it may provide a written notice to our Customer Support and request to cancel his/her/its Fee. When eligible, Fee cancellation can be performed by Customer Support only up to a period of 7 days from the Fee payment date, and only if the End Products associated with the Fee have not been downloaded or used outside of the Site, whether for commercial or personal use (“One Time Fee Refund Period”). We will not cancel Fees after that time or after an End Product has been downloaded or used outside of the Brandzy Site. Eligibility to cancel a Fee will be assessed by our Customer Support team based on a number of factors, including, without limitation, violations to our Terms of Service and improper usage of the Brandzy platform.
Subscription Fee Refunds
If you are dissatisfied with any Brandzy Service subject to a Subscription Fees, whether monthly or annual, you may cancel your subscription and provide our Support team with a written request for a refund within Seven (7) days of having paid the initial Fee (“Subscription Refund Period”) as long as no design files created using the Service have been downloaded or used outside the platform prior. If you are a customer residing in a jurisdiction that requires a different Refund Period, we will be happy to accommodate these requirements in accordance with applicable laws. If Brandzy’s customer support team receives the refund notice during the Subscription Refund Period, you will be refunded with the amount you paid for the Service and Brandzy will cancel these Services accordingly. After the Subscription Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that an End Products associated with the Fee has already been downloaded or used outside of the Site, whether for commercial or personal use, and/or that the notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and used, we reserve our right to charge the User who provided such notice for any Brandzy Services actually received, as permitted by law.
Taxes and Currencies
All Fees on the Brandzy Platform shall be deemed to be in U.S. Dollars, except when and as specifically stated otherwise in writing by Brandzy. You have full and sole responsibility for all taxes and fees of any nature associated with our fees and services, including any sales tax related to the purchase or sale of Service and/or the End Products. When buying Services and/or End Products, it is your responsibility to decide whether or not sales taxes apply to a sale and to collect, report and remit the correct amounts to the appropriate authority. Brandzy shall not be liable for any taxes or other fees to be paid in accordance with or related to the Service and/or End Products. Any tools provided in connection with the Services indicating estimated taxes due are for illustration purposes only. You take full responsibility for all taxes and fees of any nature associated with the Services, including any sales tax related to the purchase or sale of Service and/or the End Products. Brandzy may be required to collect Value Added Tax of the European Union (“EU VAT”) from non-taxable EU customers, therefore, EU VAT shall be charged to these customers on top of our Fees if applicable.
In order to make sure that you will not experience interruption or trouble in Brandzy’s subscription services due to cancellation lapse of any subscription period, Brandzy will try to automatically renew all applicable Subscription Service before it might expires for a renewal period that is equal in time to the original subscription period and/or the updated renewal period we had on file for you, for such Service, annual or monthly, and automatically charge and collect you the applicable Fees using the payment method you have on file with Brandzy (“Renewal Period”). In order to insure no interruptions or loss of services, Brandzy reserves the right (but will not be obligated) to collect and charge for the upcoming renewal period up to one (1) week prior to such Renewal Period commences. In the event that Brandzy fails to collect the Fees owed by the User, we may in our sole and absolute discretion (but shall not be obligated to) try and recollect at a later time, or/and block or cancel your User Account, with no further notice. Without derogating any of the foregoing, The User shall be solely responsible to ensure a successful renewal of the Brandzy Services they use. Accordingly, the User shall hold the sole for any discontinuation of any Brandzy previously purchased by them, including due to a cancellation and/or failure to collect the applicable Fees, or due to any Brandzy Services not being under our automatic subscription renewals feature. The User acknowledges and agrees that they shall not have any claims and/or demands against Brandzy with relation to a discontinuation of any Brandzy Services or Third Party Services associated with Brandzy, for whatever reason.
- If the User decides to contact his or her bank or credit company, or reject the charge of the payable Fees (“Chargeback”), the action shall be considered a breach of the User fee payment obligations, and their use of the Brandzy Services may be automatically suspended and/or terminated. In such case, Brandzy reserves the right to block the User Account without any option to repurchase or re-use it, and any end files and/or data contained in such User Account, including any unfinalized or finalized Designs. Access to the User account shall not be regranted until the User pays any applicable owed Fees in full. If the User has any questions or concerns regarding a fee payment collection or attempt made by Brandzy, we encourage you to first contact Brandzy’s Customer Support team before filing a Chargeback. Brandzy reserves its right to dispute any Chargeback received, and provide the relevant credit company, financial institution or bank with any information proving that the User is responsible for the Chargeback and did authorize the transaction to Brandzy.
- From time to time, and at its own discretion, Brandzy might offer Design Vouchers for sale ("Design Vouchers"). Such Vouchers allow the Customer to purchase End Products or Services for a discounted price ("Design Vouchers Redemption"). Such Design Vouchers might also include an expiration date that would allow the Customer to utilize them after the date they were initially purchased ("Design Vouchers Expiration Date"). Design Vouchers will not be redeemable after the Design Vouchers Expiration Date and Brandzy will not offer a Refund for any Unused Design Vouchers after the Design Vouchers Expiration Date. All Vouchers fees are non-refundable. If a User has reason to believe that he/she/it was charged on error he/she/it may provide a written notice to our Customer Support and request to cancel his/her/its Fee. When eligible, Fee cancellation can be performed by Customer Support only up to a period of 7 days from the Fee payment date, and only if the End Products associated with the Fee have not been downloaded or used outside of the Site, whether for commercial or personal use (“One Time Fee Refund Period”). We will not cancel Fees after that time or after an End Product has been downloaded or used outside of the Brandzy Site. Eligibility to cancel a Fee will be assessed by our Customer Support team based on a number of factors, including, without limitation, violations to our Terms of Service and improper usage of Brandzy’s platform. When utilizing a Design Vouchers after the date it was initially Purchased, the Customer acknowledges that the contents and names of End Products, Bundles, and Services may change over time and may not match the ones originally offered. In such instances the Customer is encouraged to contact Brandzy. Brandzy, at its discretion in accordance with its Terms and Conditions, will supply the Customer with an End Product or Service of similar retail value or offer a refund.
- From time to time, and at its own discretion, Brandzy might offer Account Credit to reward or compensate Users for actions such as referring other Users to the Site and the Service ("Account Credit"). Such Account Credit can only be used to reduce the prices of Services on the Site and can not be counted towards any transactions outside the Site ("Account Credit Redemption"). Earned Account Credit from making such referral will expire after 12 consecutive inactive months. An inactive month is a month without an invoice billing event. Account Credit will not be redeemable after the Expiration Date. At no case will Brandzy offer any Refund or Compensation for any Unused Account Credit. When utilizing Account Credit, the Customer acknowledges that the contents and names of End Products, Bundles, and Services may change over time and may not match the ones originally offered on the Site.
Designers agree that the price of each logo displayed on the Site shall be the full price of the logo. At no point shall additional compensation or royalties of any kind be due to you by Brandzy or by the Buyer of the logo with respect to the logo purchased. Designers may charge an additional fee, as determined by the Designer, for additional work that goes beyond the normal service Brandzy provides to its Clients. Any additional fees must be clearly stated by the Designer and agreed to by the Client beforehand. Unless the Client requests additional work from Brandzy directly, such additional work is beyond the scope of Brandzy's standard service offering and beyond our control and must therefore be agreed upon and completed between the Client and the Designer.
Brandzy may charge clients an administration fee if it, at any point and in its sole discretion, deems such a fee necessary to fund the operation of the Brandzy website.
Money owed by Brandzy to Users will be reflected in the User's account balance from where the user can request a payout of the funds. Payments are processed through the PayPal and Stripe service only. Brandzy will make the payment to the User's PayPal Stripe account on file at Brandzy. Users are solely responsible for posting and maintaining their account details at Brandzy. Brandzy will be under no further obligation to Users in the event that a payment fails, is not received by the User or is not possible due to any error in the User's Brandzy account information or due to the absence of a valid, correct PayPal or Stripe account.
The User account balance may be reduced at any time by Brandzy for chargebacks or refunds. Brandzy may, at any time, recover from the User's account balance any amount owed by the user to Brandzy or such amounts as necessary to compensate Brandzy for any loss that it determines, in its sole discretion, it has suffered due to the User's breach of this User Agreement.
Users may at any time request a payout. When a payout is requested Brandzy will transfer the funds to the User's PayPal or Stripe account during the next pay cycle, provided that the User's account is not suspended or found to be in violation of this Agreement.
Brandzy is not an escrow service and does not hold property on behalf of Users. If a payment to a Designer fails, for whatever reason, the payment will be moved forward to the next pay cycle. If the payment continues to fail for twelve or more pay cycles or for twelve or more months, whichever comes first, Brandzy will consider the funds unclaimed and the Designer will forfeit the payment. The Designer agrees to make no further claim against Brandzy for funds forfeited.
When a User's account shows a negative balance for any reason whatsoever, Brandzy may request that the User submit payment to Brandzy equal to the negative account balance. Failure to promptly submit such payment to Brandzy may result in the account being suspended. In addition, Brandzy reserves the right and will have the option to, in its sole discretion, collect such funds from a User's future earnings on Brandzy..
The User account balance may be reduced at any time by Brandzy for processing fees related to transactions on that account. Processing fees are determined and charged by third party suppliers and are beyond the control of Brandzy. Designers authorize Brandzy to deduct any fees necessary to ensure that Brandzy does not suffer a net financial loss in any transaction. Brandzy will not be obligated to offer explanation or justification for deductions over and above the general fee structure set out in this Agreement.
Brandzy will not make payments to designers until a logo is sold.
First payouts to new designers will be delayed for 30 days. Once a designer has at least one prior payment this delay will no longer apply.
Brandzy may indefinitely delay payment to a designer should it, in its sole discretion, perceive an increased risk of fraud, a refund or a chargeback associated with one or more of the transactions contributing to the positive account balance.
In the event of a chargeback, Brandzy may deduct any fees related to the chargeback from the designer's balance or, in the case of a zero balance, from the designer's future earnings.
Brandzy offers designers the option to specify, edit and bulk edit the prices of their unsold logos.Brandzy cannot and does not guarantee that these editing features will always work as expected. It is the sole responsibility of the designer to confirm that their logo prices are correct after uploading and after applying changes and to frequently inspect their unsold logos to ensure that the prices are correct. If a logo sells at a price other than what the designer intended, the designer will remain obligated to deliver the logo to the buyer and the designer will not be eligible for damages or additional compensation from the buyer or from Brandzy, even in cases where an error in the Brandzy system is shown to be the cause.
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. THIS SITE AND THE SERVICES PROVIDED BY US ARE PROVIDED ”AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE SITE BY ANY THIRD PARTY. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SERVICES OR THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS. OPERATION OF THE SITE MAY BE AFFECTED BY FACTORS OUTSIDE OF OUR CONTROL. TO THE FULLEST EXTENT LEGALLY PERMITTED, BRANDZY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM AND EXCLUDE ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU RECEIVE FROM US OR THROUGH THE USE OF OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
11. Release of Liability
You will not hold Brandzy, its officers, directors, employees or agents responsible for the actions of other users on the Site, including any content uploaded by other users. You acknowledge that Brandzy does not function as a traditional auctioneer and that Brandzy does not verify that all user uploaded material is safe to download. You acknowledge the potential danger inherent in downloading material from the Internet and agree that any material that you download from Brandzy, including but not limited to material that you paid for, shall be downloaded at your own risk. The Brandzy Site is offered solely as a platform to allow designers from anywhere to sell their logo designs to clients from anywhere. We have limited control over and do not guarantee the quality, safety or legality of any product or service offered on the Site, the accuracy of any user information published on the Site, the ability of any designer to deliver services offered or that any member will complete a transaction. Each designer and client must look solely to each other for performance of the rights and obligations stipulated in this Agreement.
Advice (legal or otherwise) or information provided by Brandzy, its employees or any member of the Site is given without guarantee. Acting on advice or information provided on the Site shall be at your own risk.
If you have a dispute with another member of Brandzy you hereby release Brandzy, its officers, directors, agents, subsidiaries, joint ventures, parent company, and employees from claims, demands and damages, actual and consequential, of any nature, known and unknown, arising out of such dispute or in any way whatsoever connected with such dispute. You will not hold us liable to you or any other member for any special, indirect, consequential or punitive damages pursuant to this agreement, including but not limited to loss of profits, loss of business opportunities, loss of goodwill or of reputation even where Brandzy was specifically advised of the possibility of such damages.
Brandzy is offered from and controlled from Sweden. We can not and do not guarantee that the Site will be available or suitable in any other jurisdiction or that our content, processes, methods and agreements will be lawful in all jurisdictions. Those users who access the site from other jurisdictions are solely responsible to comply with local laws.
Notwithstanding any other provision or clause contained in this Agreement, in no event will our liability to you exceed the greater of (i) 1000 SEK or (ii) the total fees paid by you to Brandzy in the three months preceding the event or action that gave rise to the liability.
You agree to defend, hold harmless and indemnify Brandzy, its officers, directors, employees, related companies, affiliates and agents from and against any loss, damage, cost, expense or any other liability (including reasonable attorney's fees) incurred by us from or against any loss, damage, cost, expense, claim, demand or action brought against us by a third party in connection with your use of the Site, including any use through your user account and including any payment obligations incurred through the use of the Site. This defense and indemnification will survive this Agreement and your use of the Site.
13. Intellectual Property
Copyright to any logo posted on the Site shall remain with the designer who created the logo. Once a logo is sold, the copyright shall transfer automatically and immediately to the buyer. The designer shall make no further claims of copyright to the sold logo nor charge any additional fees for copyright transfer of the sold logo.
During the logo design process in Brandzy’s Design Tool, the designer agree to treat all designs as confidential. Once the logo is finalized, both the designer who originally created the logo and Brandzy shall have a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to display sold logos in their respective portfolios, in the widest sense of the word, in any medium they choose, unless the client contacted Brandzy beforehand and all parties have agreed to further confidentiality.
When you submit content to the site you grant us a worldwide, perpetual, non-exclusive, royalty-free, sublicensable and transferable license to display such content on the Site or any other media and to, at our sole discretion, create derivative works of the content in order to meet client requirements when a sale takes place.
You may not reproduce any of the content on the Site, including but not limited to logos uploaded by users, in any medium, for any purpose, without the prior written consent from Brandzy, its legal representative or the owner of the content in the case of user submitted content.
It is possible to place an order for a logo while one or more other users are in the process of ordering the same logo. In such cases Brandzy shall refund all except the first order to reach us. Once a transaction completes the purchased logo is no longer for sale.
The Brandzy name and logo are trademarks of Brandzy AB. User submitted content, including but not limited to logos offered for sale, are the property of and may be trademarks of the respective users.
This Agreement prohibits users from uploading content that infringe on any third party rights and Brandzy manually screens and approves each logo uploaded to the site. However, Brandzy acts purely as the "middleman" between Buyers and Sellers and as such it shall have no obligation to perform trademark, service mark or copyright searches or inquiries of any nature, in order to verify the propriety or legality of any logo offered for sale. It is the Buyer's sole responsibility to conduct the appropriate research to confirm that the logo he or she is purchasing is not in use and/or does not fall under a third party's patent, trademark or other proprietary right. If you believe that your rights have been violated by any material posted by a Brandzy user, please notify us at firstname.lastname@example.org
When you post a logo for sale on Brandzy you expressly declare that the logo is an original creation, created by you in its entirety, without the aid of templates, vector stock, clipart, dingbats or any other pre-made elements that were not created by you. You agree that, should your logo buyer register the logo as a trademark and the trademark registration should fail due to the prior existence of a similar mark, you will work with the buyer to make the necessary changes to the logo as instructed by the buyer, up to a maximum of ten (10) revisions of the logo, and that you will not charge the buyer an additional fee for such revisions.
When you submit a design request or design idea to the site you grant us a worldwide, perpetual, non-exclusive, royalty-free, sublicensable and transferable license to display your request/idea publicly on the Site or any other media.
We will communicate with you using your email address on file or by posting communications on the Site. The email address on file is the email address provided during the registration process and may be updated by the user under Email Preferences. You agree to receive communications from us electronically and you agree that such communications will satisfy any legal requirement that such communications be in writing. Any communications emailed to you will be considered to have been received 1 (one) day after it was sent. Any legal notice delivered to you via email will be considered to have been received 3 (three) days after it was sent. Any notices to us intended to have a legal effect concerning this Agreement must be delivered in writing to
15. Dispute Resolution
You agree to resolve any dispute, claim or controversy at law between you and us in accordance with this section entitled "Dispute Resolution". You further agree to contact us directly before resorting to any of the alternatives stated here.
This Agreement in its entirety is governed by the laws of Sweden. You agree that any claim or dispute you may have against or with Brandzy will be resolved by the District Court of Stockholm, Sweden. Any cause of action you may have with respect to Brandzy must be commenced within 30 (thirty) days after it arises, or the cause of action is barred.
Should you file a claim contrary to this section entitled "Dispute Resolution" we will be entitled to recover attorney's fees and costs from you up to 700,000 SEK, provided that we have notified you of the improperly filed claim and that you have failed to promptly withdraw the claim.
17. Termination Policy
Cancellation by Brandzy- These Terms Of Service will remain in full force and effect at any time while you use Brandzy’s Platform or our Services or End Products. We may suspend or terminate your rights to use our Services (including the Account and End Products) at any time at our sole and absolute discretion,, including, without limitation, for any use of the Site or Services in violation of this Agreement. You understand that any termination of your Account may involve deletion of your Account, all information related thereof and the End Products associated therewith from our live databases.
Cancellation by User - You may decide to stop and request to cancel your Subscription Services at any point in time. The effective date and time for this cancellation will commence the moment you have issued the cancellation request. The effective date for cancellation of Subscription Fee shall be at the next Renewal Period. Such subscription will be canceled only upon the expiration of the respective period for which you have already made payment for. Please know that as Brandzy’s cancellation process may take some time, in order to avoid your next respective charge, your cancellation request should be made at least ten (10) business days before to the expiration of the then-current Subscription period.
18. Changes to Agreement
We may revise this Agreement at any time. Changes to the Agreement will become effective when they are posted on the Site. It is the responsibility of each user of this site to review this Agreement from time to time. Your continued use of the Site and our services following changes to the agreement will constitute your acceptance of the revised Agreement. If you do not agree to the revised Agreement, do not continue to use the Site or our services.
You are solely responsible for compliance with local laws, keeping in mind that this service is based in Sweden and that accessing this site and its contents may not be legal for all persons in all countries.
No delay or omission by us in exercising our rights or remedies under this Agreement will be construed as a waiver of such rights or remedies. Any single or partial exercise of a right or remedy shall not preclude further exercise of rights or remedies.
If any part of this Agreement is found to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder of the Agreement will remain in full force and effect. You will not transfer or delegate your rights, responsibilities or your account without prior written consent from us. We may assign this Agreement without restriction.
This Agreement, together with the supporting documents as stipulated, comprises the entire agreement between you and us and shall supersede any prior agreement between the parties.
19. Headings and Highlighting
The boldface headings, boldface text and text color(s) used in this Agreement are intended to aid legibility only and shall have no binding effect.
20. Customer Support
For any questions regarding this agreement, feel free to contact our customer service as
Brandzy.com does not collect personally identifiable information from you during your visit unless you offer such information when contacting Brandzy, creating an account or making a purchase.
When you sign up as a designer or when you make a purchase, you provide details such as your name, surname, email address etc. This information is saved in our database. Some of this information is optional. We do not share your personal or contact information with anyone, unless with your permission or when required to do so by law.
Brandzy will use your contact information only for communicating with you regarding your Brandzy account, your logos or your purchases.
When you purchase a logo, your name, surname and email address will not be made available to the designer, unless you choose to make this information available. Your username will be made available to the designer, therefore choosing your email address as your username will reveal your email address to the designer.
Logos that you purchased from Brandzy as well as your company name may be shown in our client list and portfolio of past work, in any medium, unless you request exclusion by completing the exclusion form.
Designers who participate on Brandzy are not employed by Brandzy and we cannot control their use of client information. When you provide information to a designer or any other member of the site, you do so without any guarantee of privacy unless such guarantee is offered by the member themselves.
When you register as a seller on Brandzy you are required to supply your real name and surname for the purpose of copyright transfer in the event of a sale. Your name and surname will be displayed publicly. We require a working email address so that your account details and sales notifications can be delivered to you. And lastly we require payment information, such as a PayPal email address or Stripe account, so that proceeds from sales may be paid over to you. Your contact information will not be displayed publicly unless with your explicit consent. When a sale takes place, Brandzy may share the seller's email address with the buyer.
As a registered user you will have access to email preference settings which specify under which circumstances Brandzy may email you.
If you log in with the "Remember me" option checked we will set a cookie on your computer which enables us to identify you when you return to the website. The cookie does not contain your name, username, password, contact details or any other potentially sensitive information