1. General Rules of Usage
2. GetASlogan.com SERVICE GENERAL:
GetASlogan is a website where clients request slogans and receive slogan suggestions from sloganeers. Sloganeers go through a qualification process by participating in 'qualifying slogan projects'. The sloganeers whose slogan suggestion is selected as winner by our clients will receive a monetary compensation in exchange for their suggestions.
A slogan project finishes when the client has received 50 slogan suggestions or after 3 days, whatever happens last. Slogan projects in which the client is inactive for more than 7 days will be automatically finished.
3. DEFINITIONS: The following terms/definitions are used within this document:
- Client: business owner or individual in need of slogans
- Sloganeer: an individual who creates original slogans and submit them to slogan projects on GetASlogan.com
- Slogan Project: a project created in GetASlogan.com consisting of client's request and slogan suggestions provided by sloganeers.
- Slogan: a slogan suggested to a slogan project
- Qualifying Slogan Project: a slogan project in which any registered sloganeer can participate. Qualifying slogan projects are visible to anyone, including visitors, and possibly indexed by search engines.
- Qualified sloganeer: sloganeer whose slogan suggestion has been selected as winner.
- Qualified Slogan Project: a slogan project in which only qualified sloganeers can participate. Qualified slogan projects are only visible to registered qualified sloganeers.
4. INTELLECTUAL PROPERTY OF SLOGANS
You, the user, understand and agree that GetASlogan.com is not responsible for the slogans provided by third parties. GetASlogan.com will monitor the slogans, to the best of our ability, but can not validate, with any legal certainty, the originality of content provided by third parties and makes no warranty or guarantee character of any such content, including phrases, text and trademarks, copyrights or individual or collective portions of any such content.
While GetASlogan.com does not have an obligation to screen, edit or review third party content, GetASlogan.com does have the right, but not the obligation, in its sole discretion, to refuse, change, remove or move any content as it deems appropriate to do so.
All content on this Site is provided "As is" and "Where is." The Client assumes the sole responsibility of conducting reasonable due diligence regarding verifying any claims as to the original nature of any slogan suggestion that you purchase via this web site. GetASlogan.com recommends hiring a qualified trademark attorney in order to properly validate any finalist slogan chosen by the Client.
Sloganeers transfer all rights and intellectual property rights without reservation to the client.
All qualifying slogan suggestions, including winner slogan suggestions remain published on the site so that they can be seen by members of the public. All users who may have a legal interest in such slogan suggestions give GetASlogan.com a permanent, transferable, royalty free license to publish such slogans on GetASlogan.com or other means.
Qualified slogan suggestions will not be publish by GetASlogan.com without explicit client authorization.
5. SLOGAN RULES AND REGULATIONS
1. ELIGIBILITY REQUIREMENTS. Only parties that can lawfully enter into and form legal contracts may use the Site and our services. If you use our services, you expressly represent to us that you are at least over the age of eighteen (18) and may lawfully enter into and form binding contracts, conditions, obligations, affirmations, representations and warranties.
2. PROVIDING TRUE AND ACCURATE INFORMATION. If you place slogan suggestions on this Site for any type of slogan project, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing an affiliation with any person or entity or organization. You are entirely responsible for all content that you provide or otherwise make available via this Site. You also warrant and represent that you own or otherwise control all of the legal rights to such content including, without limitation, all the rights necessary for you to transfer the design to the contest holder.
i. DISPUTES: If you have a dispute with another user, you release us (and our officers, directors, agents, subsidiaries, joint and employees) from 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. GetASlogan.com is and will not be liable to any sloganeer or client or any other member 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.
ii. REFUNDS: The amount payed when purchasing will be fully refunded if the client is not satisfied.
4. FORMATS PROVIDED: At the end of a slogan project the client is provided with the list of slogan that he processed order by ranking. These slogans are sent to the client via email.
5. PROVIDING ORIGINAL SLOGANS. The sloganeer represents that, other than information provided to the sloganeer from the client, any slogan is a wholly original work and was not copied in part or whole from an existing slogan. The sloganeer represents that he the sole author or owner of the slogan, and that the slogan does not violate any patents, trademarks, service or copyrights of another person, form, or entity.
6. TRANSFER OF OWNERSHIP.
The sloganeer will irrevocably transfers all rights, ownership, intellectual property interest and legal title of the slogans to the client. The sloganeer will not use the slogans in any further or derivative work nor offer to resell the slogans to anyone else as the buyer obtains sole and exclusive ownership to the slogans via the purchase.
7. PROJECT STOPPAGE.
We retain the right, but do not have an obligation, in our sole and absolute discretion, to immediately stop any project or transaction, prevent or restrict access to the Site or to our services, or take any other action in case of technical problems, objectionable material, inaccurate project listings, inappropriately categorized projects, inaccuracies, unlawful projects or content, procedures or actions otherwise prohibited by our policies and rules, or for any other reason.
8. ADDITIONAL RULES AND REGULATIONS FOR SITE USAGE
1. Language, communication and behavior must not be harmful, threatening, abusive, defamatory, intolerant, be tortuous, or be, in our sole discretion, objectionable or improper.
2. You may not use another's account without permission.
3. You may not use an invalid or unauthorized payment method.
4. You may not impersonate another user or participate in projects under a false name.
5. You may not post or transmit any content that contains viruses, is harmful to computer software, hardware, or telecommunications equipment.
6. You may not register under a false name or use an invalid or unauthorized email or physical address.
7. You may not manipulate the price of any project or interfere with other user's project listings,
8. You may not post false, inaccurate, misleading, defamatory, or libelous content (including personal information.)
9. You may not transfer your account and User ID to another party.
10. You may not distribute or post spam, chain letters, or pyramid schemes.
11. You may not advertise a competing site or service in any form.
12. You may not select a username that contains an email or website address.
13. You may not copy, modify, or distribute content from the Site and/or our copyrights and trademarks.
14. You may not harvest or otherwise collect information about users, including email addresses, without the users and GetASlogan.com's written consent.
15. Exchange of email addresses, phone numbers or any other information is not related to slogan projects is prohibited.
Each sloganeer is solely responsible for satisfying all income tax, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law. Sloganeers are independent contracts and not employees or partners of GetASlogan.
10. SITE USAGE (LIMITATIONS ON SITE/MATERIAL REPRODUCTION).
Subject to and conditioned on compliance with this Agreement, we grant you a limited license to access and to use the Site for the purpose of buying and selling the services offered by sloganeers. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content found on our site in any way for any public or commercial purpose without our 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.
LIMITATION OF LIABILITY.
WE SHALL NOT 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.
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:
Neither the client, sloganeers nor GetASlogan 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.
You agree to defend, hold harmless and indemnify GetASlogan.com, its officers, directors, employees and agents, from and against any and all losses, costs, expenses, damages or 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 Services or the use of the Service using your account, including any payment obligations incurred through use of the Services; 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.
14. MODIFICATIONS AND INTERRUPTIONS TO SERVICE
We reserve the right to modify or discontinue the services, and our website, with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue any or all of the services that we provide. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
15. THIRD PARTY SITES
16. COMPLIANCE WITH LAWS
User assumes all knowledge of applicable law, including copyright and trademark law, and is responsible for compliance with any such laws federal or local laws that may apply to each individual user. The user may not use our tools and services 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.
17. COPYRIGHT AND TRADEMARK INFORMATION
All content included or available on this site and the selection and arrangements thereof is 2010 GetASlogan.com, with all rights reserved, or is the property of GetASlogan.com, 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 GetASlogan.com is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of GetASlogan.com. GetASlogan.com 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 our business or GetASlogan.com. All other trademarks displayed on our website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation by GetASlogan.com of those particular Vendors.
You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless GetASlogan.com agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void ab initio. GetASlogan.com may assign or otherwise transfer any of its rights or the performance of any of its duties without your consent.
20. FURTHER ASSURANCES.