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Visual Development Hosting and Maintenance Services Agreement

Visual Development ABN 85 710 883 725

1.            About this Agreement

Thanks for visiting our Hosting and Maintenance Services Agreement (Agreement), we are Visual Development ABN 85 710 883 725 of 96 St Vigeons Rd, Reservoir VIC 3073 (Visual Development, we, our, us and other similar terms). We are committed to providing quality services and this Agreement outlines the terms and conditions related to the services we provide to you.

By subscribing to our Services, you agree to the terms of this Agreement. If you are agreeing to these terms on behalf of an organisation, you represent and warrant you have the power and authority to enter into and bind such organisation.

Throughout the Agreement we use some capitalised words and phrases, like the word Agreement. These capitalised words and phrases are defined in clause 18. They aid to clarify the terms and conditions. Please feel free to email us at info@visualdevelopment.com.au if you have any questions.

2.            The duration and automatic renewal of this Agreement

This Agreement will commence when you create an account for a Hosting Plan and will continue for the Subscription Period. On expiry of each Subscription Period, this Agreement will automatically renew for a period equal to the Subscription Period until the date of termination in accordance with clause 15.

3.            How we provide the Services

We will use reasonable endeavours to supply the Services pursuant to the terms of this Agreement until termination in accordance with clause 15.

You acknowledge and agree we use third party suppliers and sub-contractors to provide the Services to you. We may change these suppliers at any time in our sole and absolute discretion. Should a change in provider occur, you acknowledge and agree we are fully authorised to move, alter or delete your data as reasonably necessary.

4.            Payment of Fees to us

Visual Development will invoice the Client for the Fees. If any GST is imposed on a supply under this Agreement, Visual Development will itemise any applicable GST on a tax invoice and the Client must pay the GST amount with and in addition to the Fees.

Unless expressed otherwise, all Fees are quoted in Australian Dollars and are exclusive of GST, withholding taxes, duties and charges, imposed or levied, in Australia or overseas

We may amend the Fees for our Services by giving you at least 28 days’ notice prior to the end of a Subscription Period. The new Fees will come into effect from the following Subscription Period.

We will provide you with a tax invoice for the Fees. Fees will be automatically deducted from your account at the beginning of each Subscription Period. Where no automatic deduction occurs, you must pay the invoice within 14 days of the date of the invoice.

5.            Important limitations and obligations related to your use of the Services

5.1          Your obligations in relation to the Services

You must provide us with such co-operation and support as we may reasonably request to perform the Services.

Where you or another user authorised by you requires an account to access your website, we will provide you with that account upon reasonable notice from you. You are solely responsible for the activities and the security of any website account you request.

5.2          Limits on your website’s resource use

All Hosting Plans have allocated bandwidth, storage, technology resources and other facilities which vary depending on the plan you have selected. If you exceed your plan limits, you may purchase additional bandwidth and/or storage, by upgrading your plan. If no advertised Hosting Plan meets your needs, please contact us regarding a custom Hosting Plan.

Any action or process that unreasonably consumes resources degrading the shared environment for other users is subject to review. This includes but is not limited to execution of scripts and the operation of any third party Plugins.

5.3          Conduct which is prohibited

We prohibit the use of our service for illegal activities, and you agree we may disclose any and all of your information, including assigned IP numbers, account history, account use, etc. to any law enforcement or government agency who makes a written request without further consent or notification to you. We reserve the right to immediately terminate the Service provided to you if, you are found to be hosting content or performing activities of an illegal nature or, unless otherwise agreed in writing, you:

(a)           attempt to gain unauthorised access to or impair any aspect of our Service;

(b)           execute any program which results in the rapid creation of large volumes of files;

(c)           operate any form of mass email service;

(d)           host streaming services;

(e)           knowingly transmit any viruses or other disabling features to or via the Service;

(f)            intentionally disable or circumvent any protection or disabling mechanism related to the Service;

(g)           use the Service in any way which could be reasonably expected to interfere with or damage our systems or another user's use of the services we provide;

(h)           breach of any law in Australia or the jurisdiction in which you operate, including the Spam Act 2003 (Cth);

(i)            host Prohibited Content; or

(j)            attempt any of the above acts or facilitate or assist another person to do any of the above acts.

5.4          Content which is prohibited

In respect of any content, unless otherwise agreed in writing, you warrant your will not submit, host or store on the Service, anything:

(a)           which is false, misleading or otherwise deceptive in any way;

(b)           which promotes gambling or unlicensed or illegal financial products;

(c)           which is improper, harmful, threatening, defamatory, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, hateful, or otherwise objectionable;

(d)           used for or in connection with cybercrimes;

(e)           which includes nudity, sex, pornography or adult-oriented content;

(f)            containing any computer virus or malicious code;

(g)           which infringes any third party Intellectual Property rights;

(h)           that is likely to offend, insult or humiliate based on race, religion, ethnicity, gender, age or sexual orientation;

(i)            in breach of any law in Australia or the jurisdiction in which you operate; or

(j)            any other content deemed inappropriate in our sole discretion.

We reserve the right to take down and destroy any content which you submit without notice. It is entirely your responsibility to keep copies of any content uploaded to the service and you must not rely on us storing copies for you.

6.            When we may suspend access to your website

We reserve the right to suspend your use of the Service at any time if you consume excessive resources, engage in Prohibited Conduct or you submit, host or store Prohibited Content.

If any Fees remain unpaid more than 14 days past their due date, we may, without limiting our other rights and remedies, suspend your access to the Services until such amounts are paid in full. We will provide you with at least 7 days prior notice that Fees are overdue before any such suspension.

Suspending your access will not constitute a breach of this Agreement by us, nor will it alter your obligation to pay the Fees.

7.            Important provisions related to Domain Names

If we procure a domain name on your behalf you acknowledge and agree we do so as an agent for you and you are solely responsible for complying with the domain name policies, including but not limited to the ICANN and .auDA domain name policies.

Unless otherwise agreed in writing our Fees for domain names do not include the price of Premium Domain Names and you are solely responsible for your domain name including managing, transferring, renewing or otherwise maintaining the domain name, as required by you.

8.            How we provide Maintenance Services

Where our Hosting Plan includes Maintenance Services, we will undertake those Maintenance Services in accordance with that plan. Where we offer to update Wordpress or other Plugins we do so in accordance with the software vendor’s recommendations. We are not liable for any faults, bugs errors or changes in functionality of updates provided by third party software vendors.

Where we offer Maintenance Services in relation to Plugins, we do so only for those Plugins which form part of our standard website install. Unless otherwise agreed in writing we do not update Plugins which are unique to your website or are industry specific.

Where we offer backups in relation to the Maintenance Services, we will perform backups of your website in accordance with the inclusions in the Hosting Plan. However, we do not guarantee there will be no loss or corruption of data. We will support you and attempt to recover your website from the backups, but you acknowledge and agree we are not liable for the integrity of your backups or the failure to successfully restore the website. You agree to keep a copy of the content on your website at a location distinct from the Services we provide.

9.            Warranties which we provide in relation to the Services

We warrant that for the Subscription Period our Service will perform substantially in compliance with the description of the Service contained on our website.

While we aim to provide the best possible user experience, subject to the Non-excludable Conditions, we make no warranties or guarantees:

(a)           the Services are fault free;

(b)           regarding our Service’s fitness for any particular purpose which we have not expressed; or

(c)           regarding your access to, or the results of your access to, the Services.

10.         How we provide Support and its limitations

You acknowledge and agree the infrastructure which hosts your website is operated by third parties (Third Party Infrastructure). From time to time the Third Party Infrastructure may become inaccessible or unavailable. We neither control nor are we liable for faults in Third Party Infrastructure, the telecommunication services needed to access it, nor the consequences which arise from faults in either.

We will provide support in respect of our Services via our support desk, contactable via https://clients.visualdevelopment.com.au/supporttickets.php.

We may, acting reasonably, alter aspects of the Services or cease supporting them from time to time. No end of life decisions for such Services will result in a breach of the Agreement.

11.         Provisions relating to privacy and confidentiality

You agree and consent to us handling your personal information in accordance with our privacy policy. We may amend our privacy policy in our sole discretion. If we amend our privacy policy, we will post the new version to our website.

We may disclose information, including, but not limited to, your personal information, a transmission made using our network, or a website, in order to comply with a court order, subpoena, summons, discovery order, warrant, statute, regulation, governmental request, to protect our legal rights, prevent harm to persons or where such disclosure is necessary to the proper operation of our Services (Permitted Disclosures).

You acknowledge and agree, we have no obligation to inform you if Permitted Disclosures are made.

12.         About Intellectual Property

We warrant we own or have a licence to use the Intellectual Property in the Services we provide.

You are solely responsible for obtaining any and all necessary Intellectual Property rights, clearances, consents and authorisations (Authorities), including but not limited to, Authorities to use any materials you give to us and any content that you upload to the Service. You warrant you will obtain all necessary Authorities before you use any third party Intellectual Property in connection with the Services.

You grant to us (and our suppliers) a licence to host, cache, modify, publicly display, reproduce, prepare derivative works of, and distribute the entirety of your website, including data and content supplied by you and/or third parties. You warrant that you hold any agreements or consents required of any third party in connection with the grant of this licence.

Nothing in this Agreement transfers to you any rights to the hardware, software or other infrastructure and facilities used by us or our suppliers to deliver the Services. All Intellectual Property in any materials provided by us in connection with the Services (including websites, designs, information, reports and data) other than your pre-existing Intellectual Property, remains ours. We grant you a revocable, non-exclusive, royalty-free licence to use those materials for the purpose of using our Services.

13.         Limitation of Liability

You acknowledge and agree you are entering into and acquiring services under this Agreement for commercial purposes and not for domestic, personal or household use.

We expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity except any Non-excludable Condition.

Subject to the Non-excludable Conditions, we exclude all other liability for any costs, suffered or incurred directly or indirectly by you in connection with this Agreement, including:

(a)           any WordPress or Plugin updates which cause your website to present bugs or otherwise fail to perform as anticipated, whether or not we were responsible for the installation or update of Wordpress or the Plugins;

(b)           consequential losses;

(c)           the Services being inaccessible for any reason;

(d)           for any delay or failure to perform our obligations under this Agreement if such delay or failure is due to termination of access to the Service by the supplier of the Service or as a result of a change to the conditions of supply by that supplier;

(e)           incorrect or corrupt data, lost data, or any inputs or outputs associated with the Services;

(f)            computer virus, trojan and other malware in connection with the Services;

(g)           security vulnerabilities in the Services or any breach of security that results in unauthorised access to, or corruption of data;

(h)           negligence arising from our activities or that of our suppliers;

(i)            any unauthorised activity in relation to the Services;

(j)            the occurrence of an Event of Force Majeure;

(k)           your breach of this Agreement; or

(l)            any act or omission by you, your personnel, your associates or any related body corporate of yours.

Where a Non-excludable Condition is deemed to apply, to the fullest extent possible under the law, we limit our liability for any breach to:

(a)           in the case of goods: the re-supply of the goods or payment of the cost of the re-supply of the goods; or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and

(b)           in the case of services: the resupply of the services; or the payment of the cost of having the services resupplied.

To the maximum extent permitted by law, our aggregate liability for any loss or damage in connection with the provision of the Service, which is not excluded or limited under this clause 13, is limited to the total of the Fees paid by you for the Services over the preceding month.

14.         Indemnity against your use of the Services and breach of this contract

You indemnify us against all costs suffered or incurred by us, however caused, arising wholly or partially, directly or indirectly, in connection with this Agreement or your use of the Services including any costs arising from your breach of any term of this Agreement; a dispute between you and a customer or user of your website arising from your use of the Services; your infringement of any third party Intellectual Property rights associated with this Agreement; or your breach of any laws, including the Spam Act 2003 (Cth), the Privacy Act 1988 (Cth) and similar laws in other jurisdictions.

15.         How this Agreement may be terminated

Either party may terminate this Agreement by providing the other with notice in writing at least 28 days prior to the end of any Subscription Period, and upon doing so this Agreement will terminate at the end of that Subscription Period.

Either party may terminate this Agreement if the other party commits a material breach of this Agreement and the breach is incapable of being remedied or if the breach is capable of being remedied, the party in breach has failed to remedy the breach within 28 days after the receipt of notice to remedy. If we terminate a service for a breach, we may immediately cease any of our other services which we provide to you.

Upon termination:

(a)           your account will remain active for 7 days during which you may transfer your data off our platform;

(b)           we reserve the right to permanently erase any data associated with your account 7 days after termination; and

(c)           you must immediately pay any outstanding Fees owed to us (your obligation to pay outstanding Fees survives termination).

16.         How we resolve disputes if they arise

A party claiming a dispute has arisen under this Agreement (Dispute) must give written notice to the other party specifying the nature of the Dispute. The parties must submit themselves to the dispute resolution procedure set out in this clause 16 before commencing any legal proceedings.

If the parties cannot resolve the Dispute between themselves within 30 days then either party may require the Dispute to be referred for mediation. The mediation must be undertaken in accordance with the Resolution Institute Mediation Rules, in Melbourne, Victoria, and unless otherwise agreed between the parties using a mediator nominated by the Resolution Institute. If the Dispute is not resolved within 30 days of the mediation commencing either party may commence proceedings in respect of the Dispute.

Each party must pay its own internal and legal costs in relation to complying with this clause 16. The mediator’s costs are to be shared equally.

The parties acknowledge and agree this clause 16 does not apply to the recovery of any debt or prevent a party from instituting proceedings for the purposes of seeking urgent injunctive or similar interim relief from a court.

17.         General provisions

Assignment - We may assign, encumber, declare a trust over or otherwise create an interest in our rights in this Agreement without your consent. You must not assign, encumber, declare a trust over or otherwise create an interest in your rights in this Agreement without our consent, which must not be unreasonably withheld.

Entire Agreement - This document and the policies incorporated by reference contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.

Force Majeure - If a party is affected by a Force Majeure Event, they must immediately notify the other party of the circumstances. The parties' obligations under this Agreement, other than an obligation to pay the Fees, are suspended for the duration of and to the extent that they are affected by the Force Majeure. However, either party may end this Agreement if the Force Majeure continues to affect the rights and obligations of the parties, under this Agreement, for more than 60 days.

Governing law - The laws of Victoria govern this Agreement. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

Severability - Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change its intended effect.

Sub-contracting - We may sub-contract any of our obligations under this Agreement, but such sub-contracting will not release us from our liabilities.

Variations to this Agreement - We may vary this Agreement, including by making changes to our Fees, by giving notice to you at least 28 days prior to the end of the Subscription Period. If you do not accept the terms of the variation you may terminate your subscription in accordance with clause 15. By continuing to access or use the Services after any variations to this Agreement, you agree to be bound by the amended Agreement.

18.         Definitions and interpretation

18.1        Definitions

Agreement means this Hosting and Maintenance Services Agreement.

Event of Force Majeure means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, a ransomware attack or other malicious code.

Fees mean all subscription fees associated with Hosting Plans, domain name registrations and any other fees associated with the Services you procure from us.

Hosting Plans means the hosting package setting out the inclusions, either on our website or as otherwise agreed in writing between the parties.

Intellectual Property means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, domain names, circuit layouts, computer code, confidential information, copyright, designs, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.

Maintenance Services means any maintenance, update or backup services offered as part of a Hosting Plan.

Non-excludable Condition means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.

Plugin means any third party software used to provide website features as updated by the third party software vendor from time to time.

Premium Domain Names means domain names ending in anything other than .com, .net, .org and the country code specific domain versions of each of these for Australia (.au).

Prohibited Conduct takes its meaning from clause 5.3.

Prohibited Content takes its meaning from clause 5.4.

Services means the Hosting Plans, Maintenance Services and other related services which you subscribe to or otherwise obtain from us.

Subscription Period means the duration of time you signed up for when requesting a Hosting Plan and in the absence of any stated term, then Subscription Period means 1 year.

Third Party Infrastructure takes its meaning from clause 9.

Wordpress means the third party content management system used to operate the website.

18.2        Interpretation

In this Agreement, headings are for convenience only and do not affect the interpretation of this Agreement.

 

Logo Maker - Terms & Conditions

  1. In order to download and/or use your “Logo-Maker End Products” (i.e., the logo created by a User through and with the help of the Logo-Maker Services [defined below]) outside of the Website, whether for commercial or personal use, you must pay the Fee stated on the Website. You may not use any of the Logo-Maker End Products outside of the Website, whether for commercial or personal use, without paying all applicable and respective Fees in advance.
  2. Upon payment of the aforesaid Fee, you may use purchased Logo-Maker End Products outside of the Website, whether for commercial or personal purposes provided however that prior to creating and using any Logo-Maker End Product, You shall be obligated to perform due diligence to determine that the use of the “Logo-Maker Content” (i.e., all materials displayed or performed on the Logo-Maker Services [including, but not limited to text, graphics, articles, photographs, images, icons, illustrations]) and/or Logo-Maker End Product is free of any adverse claims and is not subject to any third party rights. Various elements/items forming a part of the Logo-Maker Content may also be provided by third party content providers who in turn obtain the same from other third-party contributors. All use of the Logo-Maker Content and/or Logo-Maker End Product is at your own risk. You shall abide by all copyright notices, trademark rules, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sub-license, rent, lend, assign, gift, sell or otherwise transfer or distribute for any purposes whatsoever any portion of the Logo-Maker Content and/or the Logo-Maker End Products: (i) without the express prior written consent of the respective owners or (ii) in any way that violates any third party right. You acknowledge that some icons, fonts and symbols used whilst accessing the “Logo-Maker Services” (i.e., the services offered on the Website through the “Logo-Maker Services” portal/platform that allows a User to create, customize and manage various design assets/logos) might have been licensed from a third-party provider. Under no circumstances will We and/or our licensors, assignors, transferors and/or other providers be liable in any way for any such Logo-Maker Content and/or Logo-Maker End Products including, but not limited to, for any loss or damage of any kind incurred as a result of the use of any Logo-Maker End Products or any part thereof. You agree that you must evaluate, and bear all risks associated with, the use of any Logo-Maker Content and/or Logo-Maker End Product, including, without limitation, the existence of any third-party rights that may exist in such resources.
  3. Under no circumstances will We and/or our assignors/licensors/providers be liable in any way for any Logo-Maker Content or Logo-Maker Materials (as defined below), including, but not limited to, 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 such content. You acknowledge that we do not have a duty to pre-screen Logo-Maker Content, but that we and our designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Logo-Maker Content that is available via the Logo-Maker Service. Without limiting the foregoing, we and our designees will have the right to remove any content that violates this Agreement or is deemed by us, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Logo-Maker Content, including any reliance on the accuracy, completeness, or usefulness of such content.
  4. It is also clarified that You may use the Logo-Maker End Product only in its entirety and You may not use any individual element of such Logo-Maker End Product (including any element of the Logo-Maker Content) in isolation. Accordingly, You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Logo-Maker Content accessed through the Logo-Maker Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sub-license, rent, lend, assign, gift, sell or otherwise transfer or distribute for any purposes whatsoever any portion of the Logo-Maker Services, any Logo-Maker Content or third party submissions or other proprietary rights in any way that violates any third party right. Nothing stated herein shall be deemed to be construed as a transfer of any rights in and to individual elements of such Logo-Maker End Product (including any element of the Logo-Maker Content).
  5. Throughout the process of accessing the Logo-Maker Services and designing the Logo-Maker End Product, We may show the User different designs and/or design concepts, however the User has no right or license to use or copy any of the designs other than the final one made available to the User after the applicable Fee has been paid for the same.
  6. All of the designs that appear throughout the designing process and/or in the course of accessing the Logo-Maker Services, as well as trademarks and service marks, logos, slogans and taglines are the property of our licensors/assignors/providers (as applicable) and nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Website which are the property of such parties (the “Logo-Maker Materials”). Any use of the Logo-Maker Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
  7. You hereby grant us and our licensors/providers/assignors/transferors a worldwide, royalty-free, non-exclusive license to host the designs/Logo-Maker End Products created by You and warrant that you have all the rights necessary to grant us such license. You are responsible for any content and/or Logo-Maker End Products that may be lost or unrecoverable through your use of the Logo-Maker Services. You are encouraged to back up your Logo-Maker End Products regularly and frequently.
  8. User responsibilities:
  1. You hereby confirm that you are at least 18 years of age and will not use the Logo-Maker Services or Logo-Maker End Products for any unlawful purposes or to conduct any unlawful acts, including fraud, embezzlement, money laundering or to impersonate another person.
  2. Legality of Activity – You accept sole responsibility for all of your activities using our Website, including content you submit or share via the design process and/or accessing the Logo-Maker Services. You will not use our Logo-Maker Services for any illegal purpose. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Logo-Maker Services. You are responsible for ensuring you do not violate the laws of your jurisdiction, including but not limited to copyright, IP, trademark, design patent and related laws. We may determine, in our sole discretion, whether or not you are in violation of any of our policies. Violation of any of these policies 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 Logo-Maker Services. If we reasonably determine that your Account is being used for illegal or fraudulent activity, then your Account may be immediately terminated. We may also report you to law enforcement officials in the appropriate jurisdictions.
  3. You will not create Logo-Maker End Products using the Logo-Maker Services that are: pornographic, sexually explicit, violent, reasonably likely to cause harm, or that could be reasonably considered as slanderous, libelous, defamatory or derogatory to any religion or belief, contrary to public policy, or capable of stirring communal discontent/disharmony or infringe the copyright, right of privacy, right of publicity, moral right, or any other right whatever of any person or otherwise violate or infringe upon any other right or rights of, any third party.
  1. Refund: The Fee attributable to the Logo-Maker End Product shall be non-refundable unless otherwise determined by us and/or our assignors/licensors/transferors/providers in our sole discretion.
  2. Indemnity: You hereby agree to indemnify us, defend us and hold us harmless and our licensors/assignors/providers and each of our and their 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 Logo-Maker Services, Logo-Maker End Products, designs or Website, including, without limitation, all claims relating to your use of the Logo-Maker End Products and/or Logo-Maker Content.
  3. Limitation of Liability and Disclaimer: OUR WEBSITE, LOGO-MAKER END PRODUCTS, LOGO-MAKER SERVICES AND LOGO-MAKER MATERIALS, AND/OR ANY OTHER LOGO-MAKER CONTENT OR PRODUCT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF THE LOGO-MAKER END PRODUCTS, LOGO-MAKER CONTENT AND/OR LOGO-MAKER SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE LOGO-MAKER END PRODUCTS, LOGO-MAKER CONTENT, LOGO-MAKER SERVICES AND YOUR USE THEREOF. WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER REGARDING THE ACCURACY OF CONTENT OR DESIGNS. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, NON-INFRINGEMENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE LOGO-MAKER CONTENT, LOGO-MAKER END PRODUCTS, OUR LOGO-MAKER SERVICES AND WILL NOT, IN ANY EVENT, DIRECTLY OR INDIRECTLY BE HELD AGAINST US, OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS. WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OF THE LOGO-MAKER END PRODUCTS, LOGO-MAKER CONTENT AND/OR LOGO-MAKER SERVICES AND/OR UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN. WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS SHALL NOT BE HELD ACCOUNTABLE FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, NOR FOR ANY BUGS, VIRUSES OR TROJAN HORSES THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, NOR FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT NOR 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 WEBSITE AND/OR THE LOGO-MAKER SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS  ARE  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. WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS WILL NOT BE IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS WILL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT. WE AND OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS  DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY USING OUR WEBSITE 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 WEBSITE AND/OR THE LOGO-MAKER SERVICES FROM JURISDICTIONS PROHIBITING SUCH USE DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LOCAL LAW. NEITHER US NOR OUR LICENSORS/TRANSFERORS/ASSIGNORS/PROVIDERS  AND/OR 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 THE LOGO-MAKER SERVICES AND/OR THE LOGO-MAKER END PRODUCTS AND/OR THE LOGO-MAKER CONTENT (INCLUDING THE USE OF THE BRANDING PRODUCTS AND LOGOS). YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE WEBSITE, THE LOGO-MAKER SERVICES AND OUR LOGO-MAKER CONTENT.