1. INTRODUCTION & ACCEPTANCE
2. LICENSE & USE
This App is offering a non-exclusive license to use logo making software. This App provides access to editing tools and design elements to create a custom logo design. Tap Flat Apps, LLC retains the copyrights to all original design elements. However, under this license user may use the app’s editing tools and combine design elements to create a custom original logo design for personal and commercial use.
User takes responsibility in ensuring their design and use of design meets all applicable laws if used in a commercial setting.
Selling or distributing designs from the app is not permitted, even for free.
3. INTELLECTUAL PROPERTY
Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services (collectively, the “Service Content”) and all intellectual property rights to the same are owned by us, our licensors, or other third parties. Additionally, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned by us, our licensors, or other third parties.
You agree to indemnify and hold harmless Company and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (1) your use of our Services; (2) any actual or alleged violation or breach by you of these Terms of Service; (3) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (4) your acts or omissions.
5. DISCLAIMER OF WARRANTIES
You expressly agree that use of our services is at your sole risk. Our services and service content (including software) are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by law, company and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies disclaim any and all warranties including any: (1) Warranties that our services will meet your requirements; (2) Warranties concerning the availability, accuracy, security, usefulness, timeliness, or informational content of our services or service content; (3) Warranties of title, non-infringement, merchantability, or fitness for a particular purpose; (4) warranties for services or goods received through or advertised or accessed through our services; (5) Warranties concerning the accuracy of reliability of the results that may be obtained from the use of our services; (6) Warranties that your use of our services will be secure or uninterrupted; and (7) Warranties that errors in our services or service content (including software) will be corrected.
6. LIMITATION ON LIABILITY
Under no circumstances shall company or its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, or their related companies be liable for indirect, incidental, spacial, consequential or exemplary damages (even if we have been advised of the possibility of such damages), arising out of, relating to, or in any way connected with our services or these terms of service. Your sole remedy for dissatisfaction with our services including, without limitation, service content is to stop using our services. Such limitation shall also apply with respect to damages incurred by reason of goods received through or advertised in connection with our services or any links placed in our services, as well as by reason of any information or advice received through or advertised in connection with our services or any links placed in our services. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third party or conduct of a third party using our services.
7. NO CLASS ACTIONS
We each waive any right to pursue disputes on a classwide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other proceeding.
8. NO TRIAL BY JURY
We each waive any right to trial by jury in any lawsuit, arbitration or other proceeding.
We reserve the right in our sole discretion and at any time to terminate or suspend your use of our Services for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Service. You agree that Company is not liable to you or any third party for any termination or for blocking your use of our Services.
We reserve the right to change service features, design elements, and/or our business model at any time.
Updated March 2018