DEFINITIONS: COMPANY- also DBA www.speedywebs.com CLIENT/YOU/USER- Any user who visits or utilizes the site(s) in any manner for purposes including, but not limited to visiting, browsing or engaging in any sort of business activity or service. Partner- Logo Design Guru.com, Inc.’s strategic partner which may provide design, template design, web design, hosting or additional web design related services. Our partner OC2Interactive, is a separate owned entity. Custom website- a website created by Guru from an original design and converted to html. 1. WHEREAS COMPANY FACILITATES A MARKETPLACE FOR THE EXCHANGE OF DESIGN SERVICES. The website http://www.www.speedywebs.com (the “Site”) is owned and operated by Logo Design Guru.com, Inc, (“Company”) a Delaware corporation whose primary place of business is Langhorne, Pennsylvania. Company facilitates a marketplace for the exchange of design services. Company allows Users who desire design services (“Design Services” or “Design”) to open a project (“Project”) as a project holder (“Project Holder” or “Project Holders”) to request Design Services from the designing community (“Designer” or “Designers”) in exchange for monetary compensation (referred to as “Prize Money” or “Award”) that will be awarded to the winning Designer or Designer selected by the Project Holder. Users are solely responsible for their conduct on the Site and all content provided to the Site, including but not limited to, any all Designs, data, Design Services, text, information, usernames, graphics, images, photographs, profiles, audio, video, items and links (collectively, referred to as “Content”), that You submit, post or communicate on the Site. Company facilitates the Project and exchange of Prize Money and is otherwise not directly involved in the Project or Design Services exchanged between Project Holders and Designers. As a result, Company has no control over the quality, originality, safety, morality or legality of any aspect of the Project. 2. APPLICATION OF TERMS AND CONDITIONS. The Terms and Condition apply to Users of the Site on or after August 28th, 2010. 3. SITE RULES AND REGULATIONS. A. ELIGIBILTY REQUIREMENTS. The Site is available to individuals who are eighteen (18) years and older and can form legally binding contracts under applicable law. Users represent and warrant they are at least eighteen (18) years old and all information they submit is accurate and truthful. Company may refuse to offer access to or use of the Site to any individual or entity and change its eligibility requirements at any time. This provision is void where prohibited by law and the right to use the Site is revoked to any User in such jurisdiction. B. TRUE AND ACCURATE INFORMATION. Users agree to provide only true and accurate Content and/or Design to the Site. Users are entirely responsible for all information and Design Services provided to the Site. C. ORIGINAL DESIGNS AND INFRINGEMENT ON INTELLECTUAL PROPERTY RIGHTS. Company is not responsible for the Content of any Design and has no obligation to screen, edit or review Designs for patent, trademark, service or copyright infringement. Users represents that any and all Content or Design provided to the Site is original or the User is the sole author or owner of the Content or Design, and that the Design does not violate or infringe on any patents, trademarks, service or copyright owned by another individual or entity. Company reserves the right to (1) remove or disable access to any Design or Content that it believes is not original or may be infringing on an individual’s or entities’ intellectual property rights; and (2) remove and discontinue Site access to repeat offenders. All Design and Content on this Site is provided “As is” and “Where is.” The Project Holder is solely responsible for verifying the original nature of any Design or Content exchanged on this Site. The designer(s) are solely responsible for providing original designs. Company recommends hiring a qualified intellectual property attorney to validate any winning Design. D. LICENSE. Company does not claim ownership rights in any Design or Content posted by Users. Users grant Company a license to enable Company the right to use any information, Design or Content supplied by Users to Company, so that Company is not violating any rights Users might have in the information provided. Users grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to publish such information on the Site. E. USERS ARE RESPONSIBLE FOR ALL APPLICABLE TAXES. Users are responsible for satisfying all applicable taxes, including but not limited to, the reporting of any personal income resulting from the award of any Prize Money, payroll tax or payroll withholding tax. F. GUARANTEED PROJECTS. A guaranteed project is a project that the Project Holder guarantees they will choose a winner and award the prize money to the winning designer at the end of the project. By guaranteeing a project, the project holder is stating that they guarantee they will choose a winning design. If a design is not chosen, our support team will contact the project holder to be sure they choose a winner, as was committed. G. NON-GUARANTEED PROJECTS. A “Non-Guaranteed Project” is a Project where the Project Holder has no obligation to select a winning Designer. For Projects that are “Non-Guaranteed” if a Project Holder opts NOT to select a winning Design and Designer, and requests their Prize Money returned, the Project Holder will be obligated to provide a $50 “Designer Fee” for Projects that receive more than 30 Designs. The $50 will be awarded to the top Designer(s), based on star ratings, and highest number of Designs submitted. H. REFUNDS. REFUND OF PRIZE MONEY IS NOT AVAILABLE FOR GUARANTEED PROJECTS. 1. Guaranteed Projects: Project Holder/Client agrees to select a winning draft if they opt-in for a guaranteed project, within seven (7) days from the end of their project. Refund will not be issued for a guaranteed project whether it is just launched or created new. 2. Non-Guaranteed Projects: If your project receives less than 30 concepts, the Prize Money that is remaining after the payment of the Project Listing Fee (20% of the prize amount), Designer Fee (as defined in Paragraph G), and any additional services/upgrade fees, will be refunded to the Project Holder. An additional fee of $50 will be retained if the project receives more than 30 concepts and rewarded to the top designer in your project as solely determined by Company. This clause is valid for all projects whether just launched or created new. 3. Non-selection: If the Project Holder does not select the winning design of a guaranteed project after 30 days, the company will contact them to select the winner. By guaranteeing a project, the Project Holder is stating that they guarantee that they, themselves, will chose a winner. The company will work to contact the Project Holder to assure they do so. 4. Refund Requests: Requests for refunds must be initiated within 90 days from the order date of your project, for any and all circumstances, including, but not limited to: dissatisfaction from quality of design, number of concepts, technical issues, support, and/or project holder’s inability to start your project in a timely manner after payment to company. In order to receive the full prize or partial refund, proper notification and written confirmation from Company will be required. If your refund request is not made within 90 days from the order date, and you have not selected a winning design, Company reserves the right to retain your payment, without a refund. Refunds will not be provided for donations to designers under any circumstances. 5. Project Inactivity: Under no circumstance will a refund be given for a project that has been inactive for 90 days. Projects, which are left inactive (no revision requests, email notification with revision requests, or phone call regarding the design of any project) for more than 90 days without notifying Company prior to, are subject to an Inactive state and will be removed from our project list after 90 days. Company reserves the right to retain your payment for Inactive projects without a refund. Refunds will not be provided for guaranteed projects or for donations to designers under any circumstances. 6. 1-to-1 Project: If the Project Holder is not satisfied with the designs received, then the company will retain the 20% processing fee and refund 50% of the remaining prize amount upon request. I. DESIGN DELIVERY, FINALIZATION AND FORMATS PROVIDED. 1. DESIGNERS SENDING FINAL FILES TO Winning designers will be REQUIRED to send their final source files, in requested formats, within 48 hours after they have been selected as the winner. In the event the winning designer DOES NOT send the final files in the requested time, they will be charged for 20% of the contest value, with a maximum charge of $100, in order to compensate Company to recreate the files, and send to the project holder in the proper allotted time. In the event the winning designer sends the files, and they are not in the proper format, they will be requested to resend the proper files within the original 48 hour time frame. Final formats may include (AI, EPS, PDF, PNG, JPEG, GIF, and TIF). Final files for web design and blog templates DO NOT include html files. Web designs are templates, and client will receive only PSD formats that will require additional conversions to in order to meet each individual client’s web design needs. The client may request additional file types within ten (10) days upon completion of the project. The designer, may accept, but is not obligated, to provide additional file formats that were originally provided. 2. DELIVERY TO PROJECT HOLDER. Final files will be sent to the project holders within 3 business days from the time they select the winner. If the project holder requests the final files sooner, Company will charge $100 for expedited design services, to recreate the winning designer’s logo, and send to the Project Holder. J. TRANSFER OF DESIGN OWNERSHIP. A winning Designer agrees to irrevocably transfer all rights, ownership, intellectual property interest and legal title of the winning Design to the Project Holder. The Designer will not use the Design in any further or derivative work (except for display as an example of the Designer’s work for portfolio purposes except as indicated herein, and approved by the Project Holder) nor offer to resell the Design to anyone other individual or entity. If the Project was “Private” (the upgraded feature where only registered Designers can view or participate in the Design Project), the Designer must seek either written permission from the Project Holder to display the winning Design in the Designer’s portfolio. Company reserves the right to publish Design as and when required on their website, marketing materials, and portfolio at any time at their sole discretion, without seeking permission from Project Holder. 1. DESIGNER RELEASE. Company may require the designer to sign either physically, or digitally, a release form which will release the designers’ rights to their design, as well as authenticate the originality of the design. In the event the designer fails to sign this form within the approved time period (48 hours), they will automatically release their design rights to the project holder, thereby not requiring their physical or digital design. K. DISCLOSURE OF THIRD PARTY IMAGE SOURCE. If a winning Designer of a Project has used any third party image source within a winning Design, the Designer must immediately disclose the source of the image to the Project Holder. Project Holders are solely responsible for purchasing any third party image for the future use of any winning Design. Clients can purchase stock images from the company at a cost of $20 per image. These will be gathered from our third party image partner. This applies to Designer in relation to any Design Contest. Upon Company’s notice to Designer of winning the Design Contest and receiving payment from Customer, the Designer hereby assigns to the Customer all Intellectual Property Rights which the Designer has or may have in the future in the Design including all stock images incorporated therein OTHER THAN LOGO DESIGN. Designers are “Strictly prohibited” to use a stock image in a logo and stationery design contest. “Stock Images” shall mean any photograph or image which Designer obtained from any source except photographs or images which Designer itself created and in which Designer holds the exclusive copyright. This Assignment shall not restrict or limit any other Agreement entered into by Designer requiring transfer of ownership of Designer’s Intellectual Property Rights in original works to Customer as a result of participation in a Design Contest at www.speedywebs.com. DESIGNER’S WARRANTY: The Designer warrants that at the time of submission of the Design to the Customer and, in all cases, prior to the conclusion of the Design Contest, the Designer has disclosed to the Customer any Intellectual Property Rights in the Design which may be held by a third party. If the Design incorporates the Intellectual Property Rights of a third party, then: a. The Designer warrants that it has obtained a license from the relevant third party to incorporate the Intellectual Property Rights of that third party in the stock image used in the Design (“Third Party License”) and that said license extends to the Customer the right to use the Design including the stock image for any of the Customer’s purposes; b. If the Third Party License is not capable of assignment to the Customer, then: 1. the Designer must disclose this fact to the Customer upon providing the Customer with the Design and prior to the conclusion of the Design Contest; AND 2. the Designer warrants that the Customer may obtain a Third Party License in its own name; AND 3. Prior to the conclusion of the Design Contest, the Designer must provide the Customer with details of where to obtain the Third Party License in its own name and the cost of doing so. 4. Customer shall be liable to purchase the image(s) according to the terms laid by 3rd party image source. COMPANY’S EXPRESS DISCLAIMERS: Company will not act as a moderator or adjudicator in relation to any claim by the Customer or Designer or any third party that a Design or other content submitted through a Company Design Contest infringes any Intellectual Property Rights owned by the Designer or the Customer or a third party. Company further does not warrant or represent that it has undertaken or will in the future undertake any particular investigation or review as to whether any Design supplied by a Designer infringes any Intellectual Property Rights held by a third party. Each Customer is responsible for undertaking their own due diligence or investigations in relation to the same. Company expressly relies upon the above warranties given by Designer with regard to the potential Intellectual Property Rights of a third party in any design submitted to a Customer. Company will not be liable or responsible for any use of or infringement by a Designer or Customer of any Intellectual Property Rights held by a third party in relation to any Design, Service or other use of Company. RIGHT TO EDIT/REMOVE CONTENT: Notwithstanding the above, Company may at any time remove any content, Third Party Work or Designs from Company which Company determines, in its sole and absolute discretion, may infringe the Intellectual Property Rights of a third party. L. PROJECT STOPPAGE. Company retains the right to stop any Project, prevent or restrict access to the Site, close any Users’ account for violation of this Agreement, as determined by Company in its sole discretion. M. PROHIBITED OR QUESTIONABLE CONDUCT. Users Content and Use of the Site shall not include the following, Users who violate this Agreement in any manner, as determined by Company in its absolute discretion, accounts may be closed and Users may be banished from the Site: a. Users may not violate this Agreement, any Site policy or any applicable law, statute, ordinance or regulation. b. Project Holders may not register/participate as a Designer using the existing/new account; and select their own design as a winner for their own project. If the identity of the project holder is found matching to the winning designer, he/she will be disqualified and the project holder will be requested to select another design from different designer within the project. Please see section 3F and 3G for project finalization and completion. c. Designers who are related or interested parties to the Project Holder are disqualified from winning Projects. d. Users may not infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy. e. Users may not use obscene or objectionable language or exercise harassing or inappropriate behavior as will be determined by Company’s sole and absolute discretion. f. Users must never bash or wrongly accuse others users at our site via communication outlets (including comments, private messages, etc.). Users will be reprimanded for such behavior and comments will be removed. g. Users must not avoid current policies and practices of our site. You must abide by upgrades purchased and the structure of our site. h. Users may not use another party’s account without permission. i. Users may not use an invalid or unauthorized payment method. j. Users may not impersonate another User or participate in Projects under a false name through, by example, use of multiple email account, use of a similar email account, nicknames or creation of false accounts. Users may be required to provide a valid ID, as deemed by Company, in order to proceed with a project, or to receive payment from Company. k. Users may not post or transmit any Content that contains viruses, worms or Trojan horses that is harmful to computer software, hardware, or telecommunications equipment. l. Users may not manipulate the price of any Project or interfere with other User’s Project. m. Users may not post false, inaccurate, misleading, defamatory, or libelous content. n. Users may not take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information from the Site or using it for purposes unrelated to Company’s business activities). o. Users may not distribute or post spam, chain letters, or pyramid schemes. p. Users may not advertise a competing site or service in any form. q. Users may not select a username that contains an email or website address or similar to Logo Design Guru’s website and its administrative staff or executives. r. Users may not copy, modify, or distribute Content from the Site and/or Company’s copyrights and trademarks. s. Users may not harvest or otherwise collect information about Users, including email addresses, without the Users and Company’s written consent. t. Designers who have not won a project may not solicit Project Holders. 4. FEES AND AWARDS. There is no charge to create a membership account to become a Designer or Project Holder. i. FEES FOR PROJECT HOLDERS. The Total Cost of Project = Prize Money (package amount which is designated/determined by You) + 20% Listing and Prize Handling Fee + additional service fees that you will be notified of at the time of posting a Project. If a Project Holder increases the amount of the Prize Money during a Project, a 20% processing and prize handling fee will apply to the increased amount. For example, if Prize Money is increased from $99 to $299, a processing fee of 20% on $200 (or $40) will be applied. ii. FEES FOR NON-GUARANTEED PROJECTS. For all Projects that are Non-Guaranteed, and the Project Holder does NOT select a winner after the allotted time, and does NOT extend the Project, and their Project has received MORE than thirty (30) Project Designs, Project Holders will be assessed a $50 “Designer Fee” to be awarded by Company as discussed in Paragraph 3.G. iii. FEES FOR DESIGNERS. The winning Designer will be charged up to 10% of the Project Prize Money as a processing fee. iv. PAYMENTS. We accept payments through Visa, Mastercard, Discover Card, PayPal and American Express. . All payments are accepted in USD. Payment will appear on your credit card as GURUCORP. PAYMENT TO DESIGNERS: The designers will be awarded as per the following schedule. Winning designers selected between the 1st and 10th of the month, payment will be sent to those designers on the 14th of that month. Winning designers selected between the 11th and 20th of the month, payment will be sent to those designers on the 24th of that month. Winning designers selected between the 21st and 30th/31st of the month, payment will be sent to those designers on the 4th of the following month. We reserve the right to investigate and confirm the identity of the designer and project holder in order to prevent fraudulent transfers. Payment may be delayed in the event A) we determine, or are notified, that the order placed was fraudulent B) Company determines that we require ID or banking/payment information for designer that has not been provided. Payment may be withheld to designer in the event any form of trademark or copyright infringement has taken place, to be determined at the sole discretion of Company. CHARGEBACK AFTER AWARD: In any case where prize money has already been paid out to winning graphic designers, and in any event where the COMPANY needed to issue project holder a refund or project holder initiates a chargeback, COMPANY retains the right to withhold winning payment to designer, or in the event designer has previously been paid, COMPANY will request return of funds, or withhold future payments until the full prize previously paid to the designer has been paid in full to the COMPANY. 5. WEB DESIGN PROCESS, TERMS AND CONDITIONS A. PAYMENT Client by signing up for web design package authorizes Company to charge full amount up front. The basic web design package includes 5 pages static website design and HTML coding; client may add additional pages by paying the extra amount. Clients can purchase stock images through us for an additional charge; images will be used from third party partner website. B. PROCESS Overview: You are engaging in ordering a website from COMPANY and PARTNER. Whereby COMPANY will provide your “landing page design only” for your site, and PARTNER will provide photos and additional services for completion of the web design project. 1. Place order on www.speedywebs.com 2. Select your web template (design) on COMPANY website. 3. COMPANY will send (email) your PSD (design) to you. 4. DESIGNER must declare the source of the photos used in the winning design. Project Holders are solely responsible for purchasing any third party image(s) for the future use of any winning Design except for Royalty Free Photos if declared by the winning designer. 5. COMPANY will upload PSD files (design) in to html version of your website with content you provide. 6. COMPANY will present you with a first draft of your website. 7. Upon receipt of your first draft you will be required to either A) approve the design concept or B) request revisions to your design concept. COMPANY will initiate the revisions requested and upload a second draft to your client panel, whereby you will be notified via email. 8. Once you approve the html version of your website, COMPANY will launch the website to the domain name that you have registered. C. CLIENT RESPONSIBILITIES Developing a website is a collaborative project between the client (you), our support staff and our designers. We will require the following in order to complete your web project in a timely manner: i. You must provide a valid email, phone number and ensure COMPANY is on safe receipt lists. ii. A completed and thorough creative brief. iii. Content (text) for your website, completed, edited and spell checked on a Word doc we will provide to you. iv. Photos (provided by customer in which customer retains the copyright). Customers are solely responsible for purchasing any third party image(s) for the future use of any winning Design except for Royalty Free Photos if declared by the winning designer. v. Feedback on our concepts in a timely manner (within 1-3 business days). vi. PROPRIETARY RIGHTS You represent and warrant that you are the owner of or have the exclusive right to use any and all proprietary information you provide to Company or refer to Logo Design Guru.com, Inc. in furtherance of or in connection with your Contract, including without limitation any and all trade names, photos, trademarks, copyrights, graphics, designs, logos, written content/copy for any use, to include copy for web design and brochures/flyers and similar materials or information. vii. Any delays to your project as a result of COMPANY not receiving content, photos, or creative feedback or direction will not qualify the client for any refund, nor qualify the customer to receive expedited service. D. DELIVERY AND ACCEPTANCE Upon completion of its products and/or services in accordance with the terms and conditions set forth in your Contract, COMPANY shall deliver your product and/or service to a temporary location designated by COMPANY for your review. COMPANY will notify you via e-mail of such completion and delivery, and the manner in which you may access the temporary location for purposes of reviewing your product and/or service. Your first draft will be delivered within approximately 5 business days, or otherwise noted timeframe provided by COMPANY. You shall have 30 business days from the date of delivery to said temporary location to notify COMPANY in writing of your acceptance or rejection of the product and/or service. Your failure to notify COMPANY in writing of your rejection of the product and/or service within said 60 day period shall constitute your acceptance of the product and/or service. In the event you reject the product and/or service, you shall notify COMPANY in writing of your rejection within said 60 day period, including a detailed explanation for such rejection, following which COMPANY shall use commercially reasonable efforts to provide a substitute or replacement product or service as soon as practicable. Upon your written acceptance of the product or service, or any substitute or replacement product or service, COMPANY shall release and deliver the same to you, to such location and in such format as agreed upon in your Contract. This project will be determined to be closed if we do not have written, phone or in person contact from 60 days from the last revision. The project may be re-opened only upon COMPANY’s discretion. Any notification in any form sent to COMPANY to “finalize”, or written or verbal notification to “finalize” any project (logo design, stationery design, brochure design, graphic design, web design, web development, etc.) the project will be deemed “finalized” and “completed”. COMPANY will send you your final files via email. Finalization or acceptance of any final files of any project will fulfill COMPANY’s Satisfaction Guaranteed policy. E. CUSTOM WEBSITE REFUND, CANCELLATION AND TERMINATION POLICY 1. Template Design Refund Policy: The design portion of your web project will be launched on www.speedywebs.com. No refunds will be provided for “guaranteed” projects. Please refer to section (3) clause (h) for Company policies on refunds for design contests. 2. HTML Integration/ Web Design Refund Policy: After you have received your template design from COMPANY, and approve, Company will proceed to complete your web contest. COMPANY will send your final PSD design to you, the customer for finalisation. a. If you cancel your contest prior to any web design service or HTML integration, you will not be entitled to refund. b. COMPANY will not provide refunds on any portion of a development project that has been initiated. c. TERMINATION. Company reserves the right, in its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your order for any product or service offered by Company, your Contract and/or your access to the Site, at any time and without prior notice. You agree that Company shall not be liable to you or any third party for any rejection, cancellation or termination of your order, your Contract or your access to the Site. In the event that Company rejects, cancels or terminates your Contract or your order for a reason other than your breach or non-performance under your Contract, Company will return any amounts prepaid by you relating to the rejected, canceled or terminated Contract or order. At Company and its officers’ discretion, access to Company’s services may be revoked at any time for abusive conduct on the system and/or the Internet and its resources as a whole. Sending spam (unsolicited email) from a domain or about a domain is considered abuse of the system and will result in the termination of your account. Company and its officers are deemed as sufficient authority to define abusive conduct to the system, and definitions may periodically change or be amended to previous ones. d. Should the Agreement expire or be terminated for any reason, Company will not be liable to you because of such expiration or termination for compensation, reimbursement or damages on account of the loss of profits or sales (anticipated or actual), goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from such termination or expiration. Any termination of this Agreement shall not relieve you of any obligations to pay fees and costs accrued prior to the termination date. Company shall not be obligated to notify any third party of the termination of your account or provide any termination assistance. Note: Until 2011 COMPANY used to offer custom CMS support. This service has been discontinued since 2011. Any request for support, dispute resolution or assistance will no longer be entertained or part of this Agreement. e. Please note, during the web development phase, if Client does not respond or remains inactive for 90 days, an additional fee of $100 will be charged for reactivating the project. 6. DISPUTES. If You have a dispute with another User, You release Company, its subsidiaries, officers, directors, agents and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. Company is and will not be liable to any Designer or Project Holder or any other User for any special, indirect, consequential or punitive damages pursuant to this agreement, including but not limited to, loss of profits, loss of business opportunities or loss of goodwill or reputation, or trademark infringement even if advised of the possibility of such damages. 7. SITE USAGE (LIMITATIONS ON SITE/MATERIAL REPRODUCTION). Subject to and conditioned on compliance with this Agreement, Company grants You a limited license to access and to use the Site for the purpose of buying and selling the services offered by Designers. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any Content found on the Site in any way for any public or commercial purpose without Company prior written consent or the consent of the rights holder for the intellectual property published on this Site, including all Designs. Unless You are otherwise lawfully entitled to do so, You cannot and must not use any Content found on the Site on any other site, in a networked computer environment, or in any medium, for any purpose except your own internal viewing. You agree that You will not attempt to reverse engineer or attempt to interfere with the operation of any part of the Site unless expressly permitted by law. The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us, in writing. 8. NO WARRANTY. LOGO DESIGN GURU WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. LOGO DESIGN GURU, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AND EMPLOYEES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM LOGO DESIGN GURU SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. 9. LIMITATION OF LIABILITY. IN NO EVENT SHALL LOGO DESIGN GURU, ITS SUBSIDIARIES, OFFICERS, DIRECTORS AND EMPLOYEES BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE, THE TOOLS AND SERVICES WE PROVIDE, OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE. 10. INDEMNIFICATION. YOU AGREE TO DEFEND, HOLD HARMLESS AND INDEMNIFY COMPANY, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, COSTS, EXPENSES, DAMAGES OPR OTHER LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY US FROM AND AGAINST ANY COST, LIABILITY, LOSS, DAMAGE, CAUSE OF ACTION, CLAIM, SUIT, PROCEEDING, DEMAND OR ACTION BROUGHT BY A THIRD PARTY AGAINST US: (a) IN CONNECTION WITH YOUR USE OF THE SITE OR THE USE OF THE SITE USING YOUR ACCOUNT, INCLUDING ANY PAYMENT OBLIGATIONS INCURRED THROUGH USE OF THE SITE; OR (b) RESULTING FROM: (i) YOUR USE OF THE SITE (ii) YOUR DECISION TO SUPPLY CREDIT INFORMATION VIA THE SITE, INCLUDING PERSONAL FINANCIAL INFORMATION; (iii) YOUR DECISION TO SUBMIT POSTINGS AND ACCEPT OFFERS FROM OTHER USERS; (iv) ANY BREACH OF CONTRACT OR OTHER CLAIMS MADE BY MEMBERS WITH WHICH YOU CONDUCTED BUSINESS THROUGH THE SITE; (v) YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT; (vi) ANY LIABILITY ARISING FROM THE TAX TREATMENT OF PAYMENTS OR ANY PORTION THEREOF; (vii) ANY NEGLIGENT OR INTENTIONAL WRONGDOING BY ANY USER; (viii) ANY ACT OR OMISSION OF YOURS WITH RESPECT TO THE PAYMENT OF FEES; (ix) YOUR DISPUTE OF OR FAILURE TO PAY ANY INVOICE OR ANY OTHER PAYMENT; AND/OR (x) YOUR OBLIGATIONS TO ANOTHER USER. THIS DEFENSE AND INDEMNIFICATION WILL SURVIVE THIS AGREEMENT AND YOUR USE OF THE SITE. 3RD PARTY STOCK IMAGES: DESIGNER HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS MYCROBURST AND THE CUSTOMER (“INDEMNIFIED PARTIES”) AGAINST ANY AND ALL CLAIMS, LOSSES, COSTS, EXPENSES OR DAMAGES OF ANY KIND (INCLUDING LEGAL COSTS AND ATTORNEY FEES ON A FULL INDEMNITY BASIS) WHICH THE INDEMNIFIED PARTIES MAY SUFFER OR INCUR AS A RESULT OF A BREACH BY THE DESIGNER OF ANY OF THE PROVISIONS OF THIS ASSIGNMENT AGREEMENT OR FOR ANY CLAIM BROUGHT BY A THIRD PARTY THAT ANY STOCK IMAGE OR PHOTOGRAPH INCLUDED IN A DESIGN INFRINGES UPON THE THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. 11. SEVERABILITY. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of this Agreement is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. Nothing in this Agreement or related policies should be deemed to confer rights or benefits on third parties. 12. FORCE MAJEURE. Except for the payment of fees to Company, and to the Designer, neither the Project Holder, Designer nor Company shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay. 13. MODIFICATIONS AND INTERRUPTIONS TO SERVICE. Company reserves the right to modify or discontinue the services, and the Site, with or without notice to You. Company shall not be liable to You or any third party should we exercise the right to modify or discontinue any or all of the services provided. You acknowledge and accept that Company does not guarantee continuous, uninterrupted or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of Company’s control. 14. THIRD PARTY SITES. The Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that Company is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if You have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and Company is not responsible therein. Company encourages You to review said privacy policies of third-parties’ sites. 15. COMPLIANCE WITH LAWS. User assumes all knowledge of applicable law, including copyright and trademark and patent law, and is responsible for compliance with any such laws federal or local laws that may apply to each User. The User may not use the Site in any way that violates applicable provincial, state, federal, or international laws, regulations or other government requirements. Each User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. 16. COPYRIGHT AND TRADEMARK INFORMATION. All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is owned by Company, with all rights reserved, or is the property of Company, or other third parties vendors and is protected by intellectual property laws and rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Company is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy this Site or web pages or the content contained therein without prior written permission of an authorized officer of Logo Design Guru.com, Inc. Company owned trademarks may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the business of Company. All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation by Company of those particular vendors. 17. This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Delaware and the United States of America. Any questions concerning these Terms and Conditions should be directed to: Guru Corporation.com, Inc. 8 Commerce Way, Suite 130A, Hamilton, NJ 08691 Phone: 267-852-2121 (Mon-Fri, 9-5:30 pm EST) Fax: (215)-933-6169 Contact Us: If You have any questions regarding our Terms and Conditions please feel to contact us via phone, email, or postage. Call us at: 267-852-2121 (International) (Mon-Fri, 9-5:30 pm EST) Fax: 215-827-5335