Brandzy · High quality logos and branding
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01
General
The website located at http://www.brandzy.com (the “Site”) is a copyrighted work belonging to Brandzy AB, Swedish organization number: 559028-0003 ("Brandzy” or "we"). These terms and conditions (the “Agreement”) set forth the legally binding terms for your use of the Site and services we provide (the “Services”). By inputting any information, initiating a design process, or using any other content within our Site you confirm your obligation to comply with this Agreement, our Privacy Policy (available on the Site) and any other guidelines or policies posted or made available on the Site. You may not use the Site or the Services unless you are at least 18 years old and agree with all of the provisions of this Agreement and the Privacy Policy. Please feel free to contact us with any questions regarding the content of this Agreement.
02
Design
Brandzy provides an online platform that creates visual identities, including a logos (collectively, ”ID’s”) and various other design assets. Users can use Brandzy's service to find an ID and other brand products, such as "letterheads" and "business cards" (collectively, the "End Products"). The ID’s have been created by third-party graphic designers (”Third Party Designers”) in Brandzy’s online Design Tool. Upon receipt of your payment, you are permitted to use your purchased End Products for personal and commercial use. Throughout the design process, Brandzy may show the User different designs and End Products, however, the User has no right or license to use or copy any of the designs other than the final version actually purchased. This design will be shown in the User's Account. Throughout the process Brandzy will also make use of certain symbols, colors, patterns, fonts and other design elements (collectively known as "Design Resources”) that may or may not be used to design the user’s End Product. You may use the Design Resources used in your final End Product for commercial use. You may not use any of the Design Resources that are not used in your final End Product. Throughout the use of the Site, Brandzy may request the User to input information in order to create the End Products (the "Design Process"). All of Brandzy’s designs that appear throughout the Design Process, as well as trademarks and service marks, logos, slogans and taglines, are the property of Brandzy. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Site which are the property of Brandzy (the "Materials"). Any use of the Materials for any purpose other than as specifically permitted herein or without our prior written consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
03
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 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. You acknowledge and agree that Brandzy’s only responsibility towards you with respect to any Design Resources or Materials is to assign to you Brandzy’s contractual rights relevant to pursue a claim against the relevant Third Party Designer.
04
Product
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: a. Logo Your purchased logo in various forms and formats (PNG and SVG formats). You may use these products when producing content, both digital and physical. b. Fonts 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. c. Branded content 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.
05
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.
06
User responsibilities
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:

  • 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.

  • You will not imply or claim that you are affiliated with or endorsed by Brandzy.

  • 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.

  • 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.

  • 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 libelous.

07
Fees and Taxes
  • Brandzy allows you to experience the Design Process for free. However, if you desire to use the End Products you must first pay the fee stated upon the completion of the Design Process (the "Fee"). 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.

  • You have full responsibility for all taxes and fees of any nature associated with our fees and services, including any VAT or sales tax related to the purchase or sale of the Service and/or the End Products. When buying Services and/or End Products, it is your responsibility to decide whether or not VAT or 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 VAT and 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.

08
Termination Policy
This Agreement will remain in full force while you use www.brandzy.co 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 for a legitimate purpose, including for any use of the Site or Services in violation of this Agreement or our Privacy Policy or other policies. You understand that any termination of your Account may involve permanent deletion of your Account, all information related thereto and the End Products associated therewith from our databases.
09
Other
  • Disputes - Any formation or interpretation of this Agreement and any disputes arising from it will be governed by the substantive and procedural laws of Sweden. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the District Court of Stockholm, Sweden, and you hereby submit to the personal jurisdiction of such courts.

  • Indemnification - You hereby agree to indemnify, defend and hold harmless Brandzy and each of its respective officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns 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 Services, End Products, Materials or the Site, including, without limitation, all claims relating to your use of your Account, logo, branding kit or Design Resources.

  • Changes to this agreement - We might, from time to time, modify this Agreement. In such case, we will release a notice on our Site or send an email to our registered Users. We encourage you to frequently check the SIte for any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.

  • Privacy - Please review our Privacy Policy for any concerns regarding your privacy.

10
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
OUR SITE, DESIGN RESOURCES, END PRODUCTS, SERVICES AND MATERIALS, ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR S PARTICULAR PURPOSE). YOU AGREE THAT YOUR USE OF Brandzy’S SITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Brandzy, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. Brandzy MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OF CONTENT OR DESIGNS. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES AND SITE WILL NOT, IN ANY EVENT, DIRECTLY OR INDIRECTLY BE HELD AGAINST Brandzy, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS. Brandzy WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN. WE SHALL NOT BE HELD ACCOUNTABLE FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, AS WELL AS ANY BUGS, VIRUSES, TROJAN HORSES THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Brandzy PLATFORM. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Brandzy IS NOT LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER. Brandzy WILL NOT BE IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. Brandzy WILL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT. Brandzy DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY USING OUR BRANDS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE DO NOT MAKE ANY REPRESENTATIONS THAT OUR WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE Brandzy SITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LOCAL LAW. NEITHER Brandzy NOR ITS THIRD PARTY CONTENT PROVIDERS ARE LIABLE 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 Brandzy (INCLUDING THE USE OF THE BRANDING PRODUCTS AND LOGOS). YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES AND OUR DESIGNS.
11
Customer Support
For any questions regarding this agreement, feel free to contact our customer service as support@brandzy.co .