Logo Design Terms and Conditions
By contracting for our Logo Design services, you represent and warrant that you are at least 18 years of age or older, that you have provided true, accurate, current and complete information, that you have the authority to enter into this agreement on behalf of the entity listed and perform under the Terms of Service, and that you agree to be bound by 411 Locals General Terms of Service, as well as the terms contained herein, and to comply with all applicable laws, rules, regulations and orders. By contracting for services from 411locals.com and/or any of its affiliates, you are bound to the following terms of service, which we reserve the right to by posting updates on our website at any time. Any updates will be effective upon date of posting.
You hereby agree to contract with us for Logo Design services, which are billed in advance as follows:
After payment of said fee, 411 Locals will email the Customer a questionnaire to solicit information necessary to start the logo design process. After receipt of questionnaire, the Customer will be provided with 3 Logos that are created by us through a Design process that involves a review of Customer’s needs, Feedback, Revisions, and then a final Design conforming to Customer’s preferences.
Customer is responsible for preparing and sending detailed answers to our logo questionnaire. 411 Locals disclaims any obligation to review information provided by Customer for accuracy, completeness of information, quality, or clarity. 411 Locals may decide, in its sole discretion, not to follow with specificity recommendations provided by Customer.
When 411 Locals provides a set of 3 Initial Proposed Logos to the Customer, the Customer shall review and respond. If the Customer fails to respond and provide feedback to 411 Locals on initial proposed logo designs within 30 days, the Customer will be deemed to have accepted one of the Designs. Failure to respond within 30 days shall result in 411 Locals considering any request for revisions to initial logo designs as being waived. 411 Locals shall then e-mail Customer a file containing graphics for one of the three proposed logos, and Order shall be considered completed upon e-mailing of file.
Customers who respond to 411 Locals in a timely fashion may suggest revisions to any one of the proposed logos. Customer shall choose one logo design, and provide suggested modifications or changes to that preferred logo. 411 Locals will then revise logo using “good faith efforts” in its sole creative judgment to incorporate requested changes, in an attempt to meet Customer specifications. Customer shall be permitted up to 3 proposed revisions to their preferred logo.
Customer agrees to use good faith efforts to provide timely responses to 411 Locals, and in no event shall responses exceed 30 days during design phase If after 30 days the Customer has failed to respond, a file shall be sent of the most recently revised logo, and the Project shall be deemed to be complete. At such time, 411 Locals shall have no further obligation to the Customer.
The Customer grants 411 Locals and its mother company a royalty-free, perpetual, irrevocable, sub-licensable, exclusive, worldwide right 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, the designs provided by 411 Locals, for the full term of any intellectual property rights that may exist in such designs to the extent necessary to provide the Customer with the Service and the designs.
Subject to the Customer’s compliance with these terms and conditions, the Customer shall own the final logo design provided to the Customer by 411 Locals hereunder. The Customer shall not, however, own any materials, media or other content generated during any revision cycles leading up to the final design, with such right, title and interest expressly reserved to 411 Locals. The customer acknowledges and hereby grants to 411 Locals the right to use questionnaires, as well as individual designs provided to the Customer, for internal and/or advertising purposes. The Customer acknowledges that his rights under this Agreement shall be limited solely to the final design chosen by them, and that no trade or service marks in or to such final design is being conveyed under this Agreement.
The Customer acknowledges that 411 Locals shall have no obligation or duty to perform trademark searches, copyright searches, service mark searches or inquiries, or any other intellectual property research. 411 Locals expressly disclaims any opinion on the legality or propriety of the use of the provided logos. Customer is responsible for performing its own independent searches with respect to the use of the logo designs provided by 411 Locals. . 411 Locals shall not be responsible for infringement on any trademark that may or may not arise due to creation of logo.
Customer acknowledges that 411 Locals shall have no responsibility or obligation of any kind to assist the Customer in seeking state or federal intellectual property protection (i.e., without limitation, trademark registration) for any logo design created, nor shall 411 Locals be responsible in otherwise assisting the Customer in any way in the Customer’s perfection of the Customer’s rights in or to the designs. Ownership (copyright and title) of the final logo artwork shall become the property of the Customer, having unlimited, indefinite, and royalty-free use of the image upon full payment of all fees. 411 Locals retains rights to display the artwork in advertising materials and retains the Copyright to all concepts, comprehensives, or other preliminary materials which are not selected by the Customer or are not included in the final logo design.
THE SERVICE AND THE RESPONSES ARE PROVIDED «AS IS.» 411 LOCALS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO THE CUSTOMER OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY PART THEREOF, OR OTHER CONTENT THAT MAY BE PROVIDED.
THE CUSTOMER ACCEPTS THAT THE ELECTRONIC DEVICES AND SOFTWARE USED BY THE CUSTOMER TO REVIEW THE DESIGNS PROVIDED BY 411 LOCALS MAY DISTORT THE COLORS, SHAPES AND EFFECTS USED TO CREATE THE SAMPLES. 411 LOCALS DISCLAIMS ANY WARRANTY RELATED TO THE VIEW OF LOGO ON DEVICES USED BY THE CUSTOMER, AND SHALL USE STANDARD COLORS, MEASURES AND DESIGN CODES. THE CUSTOMER HEREBY ACCEPTS THOSE SPECIFICATIONS AS THOSE CORRESPONDING TO THE CHOSEN DESIGN.
411 LOCALS 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, QUALITY OR OMISSIONS IN THE SERVICE, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY 411 LOCALS OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET THE CUSTOMER’S NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. NEITHER 411 LOCALS NOR ANY THIRD PARTY SHALL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSES WHATSOEVER RELATING IN ANY WAY TO THE LOGO DESIGN, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, WHETHER ARISING UNDER THESE TERMS AND CONDITIONS OR APPLICABLE LAW, INCLUDING CONTRACT, TORT, STATUTORY, OR ANY OTHER LAW. IN NO EVENT SHALL 411 LOCALS OR ANY THIRD PARTY BE LIABLE TO YOU OR ANOTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SERVICE PROVIDED BY 411 LOCALS, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, (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 DESIGNS PROVIDED BY 411 LOCALS LIABILITY OF 411 LOCALS SHALL, IN ALL CASES, BE LIMITED TO THE AMOUNT PAID FOR LOGO DESIGN.
411 Locals reserves the right, in its sole discretion, to terminate its services, at any time, with or without notice. In the event of such termination, 411 Locals shall calculate a pro-rated refund (if any) due to be paid to the Customer as a result of such termination. Should the termination of service result from the Customer’s material breach of the terms and conditions of this Agreement, the Customer shall not be entitled to any refund.
By accepting our service you agree to indemnify and hold 411 Locals and its affiliated companies, officers, agents, and employees, harmless from any claim, lawsuit, or demand, including attorneys’ fees, made by any third party due to or arising out of any violations of our Terms of Service, or any claim, lawsuit, or demand related to any logos or intellectual property we have created for you or your company. This includes any intellectual property we have created based upon information that you have submitted in written form, via e-mail, telephone, posted on the internet, orally transmitted, or made available to the public. We shall be indemnified to the maximum extent allowed by law.
Terms of Service shall be governed by and construed in accordance with the laws of the State of Nevada. You expressly agree that the exclusive jurisdiction for any claim or lawsuit arising out of or relating to these Terms of Service or your use of services shall be filed only in the courts of Clark County in Las Vegas, Nevada, and you further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. If any parts of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
All communications regarding account management, billing, and/or any other matters regarding your account shall be conducted between 411 Locals and you, or between 411 Locals and your company’s authorized representative if the identity of said representative is provided to us and authorized in writing by you. In the event no authorized representative is designated, then the principle credit card account holder shall automatically be designated as the sole authorized representative on said account. No refunds are given for services contracted for after work is performed.
411 Locals Contact Information:
Customer Service Hours:
Monday through Friday
8AM – 4PM PST
101 Convention Center Dr #900
Las Vegas, NV 89109