| This is Spaceman X Media Productions, LLC’s (hereinafter referred to as “Spaceman Xpress”) Logo Design Policy. Every design customer of Spaceman Xpress hereby agrees to be bound by the terms of this Policy.
Site Design / Approval:
Spaceman Xpress hereby agrees to provide client with a custom designed logo. Billing shall be paid by valid credit card at the time of purchase at the fee set forth on our web site. Upon approval of client’s credit card, client will receive a confirmation email with a link to a questionaire. Once the questionnaire has been completed and submitted, Spaceman Xpress will create three logo “proofs” within five business days, which shall be emailed to client at the email account provided during the purchase process.
At this point, client may review the logo options and suggest one round of revisions. Within two additional business days, we’ll send you the logos with the changes. Once you make your final selection, we’ll send you a print ready JPEG version of the logo and a vector-based Illustrator EPS format. Any further changes after the first round of revisions will be charged out at $75.00 per hour.
Payment:
Client shall pay a one-time fee of $249.00 for Xpress Web Design.
Intellectual Property Rights:
Once client has selected his or her logo from the Spaceman Xpress options, they shall become the owners of the selected logo. In no way shall clients obtain ownership of any other information on Spaceman Xpress’s or their affiliates websites, or other logo options that were submitted as proofs to client, unless paid for by client at the standard custom logo design rate of $249.00 per logo. Content provided to Spaceman Xpress by client to facilitate logo design shall remain the property of client.
Client agrees that Spaceman Xpress may use the client’s logo for the sole purpose of showing samples of their work and promoting their business. Said samples can be incorporated into their website, marketing materials, including, but not limited to postcards, brochures, flyers, television commercials, promotional videos, or any other media currently available, or to be available in the future.
Client Content:
Spaceman Xpress reserves the right to refuse to provide services to anyone wishing to create a logo for a purpose deemed to be obscene, threatening, pornographic, or in any other way may be deemed to be offensive. This determination shall be made at the sole discretion of Spaceman Xpress. If Spaceman Xpress exercises this right, we shall provide a full refund to client as soon as practicable with an explanation of our decision.
Client hereby certifies and warrants that all content, included, but not limited to copy, text, images, slogans, trademarks, logos, etc., provided to Spaceman Xpress to incorporate into a custom logo will be the sole property of the client to use in any way they so choose. If the content submitted is not the sole property of client, then client hereby certifies and warrants that they have received a license to use the material for the purpose for which they are submitting it, including for use within a company logo.
Client, by signing up for purchasing a custom logo through Spaceman Xpress, hereby agrees that they shall, at their own expense, hold harmless and defend Spaceman Xpress for any claim of breach or claim for trademark or copyright infringement in violation of this Agreement.
Limitation of Liability:
Spaceman X certifies and warrants that all logos they design shall be original and custom designed to client’s specifications.
SPACEMAN XPRESS HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR SIMILARITIES TO OTHER LOGOS, COPYRIGHTED OR TRADEMARKED MATERIALS. ALL SIMILARITIES ARE UNINTENDED AND SPACEMAN XPRESS SHALL NOT BE HELD LIABLE FOR DAMAGES RESULTING FROM ANY SUCH SIMILARITIES, INCLUDING, BUT NOT LIMITED TO MONETARY DAMAGES, LOSS OF PROFIT, OPERATION TIME, GOOD WILL, CONTRACTS, LOST REVENUES OR ANTICIPATED SAVINGS RESULTING FROM THE USE OF THE LOGO.
Notwithstanding the above disclaimers of liability, if Spaceman Xpress is in any way found liable (whether in contract or tort or otherwise) in no event shall Spaceman Xpress's total liability to you for any and all claims, damages, losses, and causes of action exceed the amount paid by you, if any, for obtaining logo design for services which Spaceman X was found to be liable
Other Provisions:
If any provision of these terms is prohibited by law or found to be unlawful, void or otherwise unenforceable, such provision shall, to the extent required by law, be severed from this Agreement. The remaining provision shall remain intact.
Client hereby consents to the exclusive jurisdiction of the courts of the State of Illinois regarding any and all disputes involving these terms and use of this site.
Spaceman Xpress reserves the right to modify the terms of this Logo Design Policy at any time. Client’s are advised to check back regularly for updates. Our client's use or continued use of our custom logo deisgn services after said changes are posted on our website at www.spacemanxpress.com shall constitute their acceptance of these terms.
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