TERMS AND CONDITIONS
This Agreement was last revised on June 29th, 2023.
INTRODUCTION
Welcome to www.svgmkcreative.com ("Website"), owned and operated by SVGMK Creative ("we," "us," or "our"). By accessing our Website, you are granted access to our products and services, subject to the terms of this agreement. It is important to note that these terms may be updated periodically, with or without prior notice. Therefore, we encourage you to carefully review these Terms and Conditions. Your use of our Website indicates that you have read, understood, and agreed to be bound by these terms and conditions, as well as our Privacy Policy, which is incorporated by reference into this Agreement. If you do not agree with any of these terms, we kindly ask you to refrain from using our Website.
DEFINITIONS
- The term "Agreement" encompasses these Terms and Conditions, the Privacy Policy, and any other materials given to you by the Website.
- "Product" or "Products" refers to digital products that are offered through our website.
- "Service" or "Services" pertains to any service that we may provide through our website.
- "User", "You", and "Your" refer to any person, body corporate, association, partnership, sole trader, or company that accesses our website to avail of any of our services.
- "We", "Us", and "Our" refer to SVGMK Creative, the company operating the website.
- The term "Website" refers to our website, which includes "https://www.svgmkcreative.com" and any future website that we may operate.
- "User Account" pertains to an electronic account created for customers who wish to avail of our website's services.
INTERPRETATION
The singular and plural forms are interchangeable in this agreement, and the term "includes" means "without limitation."
Regardless of gender and number, words used in this agreement should be interpreted as encompassing any other gender, number, or grammatical form required by the context.
References to statutes, ordinances, or other laws in this agreement also include any current regulations, instruments, consolidations, amendments, re-enactments, or replacements.
The headings, bold text, and italics (if any) in this agreement are provided for convenience only and do not constrain, define, or affect the interpretation of its terms.
INTRODUCTION AND SCOPE
Scope. These Terms govern your use of the Website and Services, except as otherwise noted. They do not apply to Third-Party Products or Services, which are subject to their own terms of service.
Eligibility: To access certain Services on our Website, you must meet the eligibility requirements of being at least 18 years old and not having been suspended or removed from our system.
Electronic Communication: When you communicate with us electronically, such as through email or the Website, you consent to receiving electronic replies from us in the same format. You may also retain copies of these communications for your records.
SERVICES
SVGMK Creative is your ultimate destination for personalized and artisanal logo designs. We are a team of passionate artists, graphic designers, and computer scientists dedicated to bringing your favorite logos to life. With a deep understanding of design principles, extensive experience, and a love for all things retro, we specialize in recreating logos from the 70s, 80s, 90s, 2000s, and beyond.
At SVGMK Creative, we take pride in our expertise in recreating logos from a wide range of categories. Whether you're a fan of vintage logos, iconic movie brands, beloved cartoons and anime, nostalgic foods and drinks, popular games, thrilling sports teams, or captivating TV shows, we've got you covered. Our attention to detail is unparalleled, and we ensure that every logo we recreate is an accurate representation of its original form.
MODIFICATIONS TO THE SERVICE
We may modify these Terms at our discretion, which could involve the inclusion, removal, or modification of certain provisions ("Changes"). We have the right to inform you of any Changes by sending an email to the email address provided in your Account, or by publishing a revised version of these Terms that integrates the Changes on our Website. By continuing to use the Website following any Changes, you acknowledge and agree to abide by the modified Terms.
REGISTRATION
In order to access specific resources and features on the website, you may need to provide certain information and create a user ID and password to set up an account. By proceeding with this process, you confirm that the information provided for creating any account is accurate, and you agree to keep it updated. It is your responsibility to ensure the security of all your usernames, passwords, and registration information, including unique account identifiers or historical billing information. You are solely responsible for any authorized or unauthorized use of your accounts. If you become aware of any unauthorized activity on your accounts or any security breaches, it is important to promptly notify us. Please be aware that we retain the right, at our discretion, to suspend or terminate any of your usernames and passwords at any time, with or without prior notice.
USER CONTENT
- Content Responsibility.
- You are solely responsible for any content you post on the website, including sharing content, posting comments, feedback, and other materials. You confirm that you have the necessary authorization to use the content. When posting content on the website, please avoid posting any content that:
- include offensive or abusive language, hate speech, or pornographic material;
- make defamatory, false, or misleading statements, or unfairly disparage or exaggerate claims;
- invade the privacy rights of any individual or group, or harm or offend them in an unreasonable way;
- discriminate against people based on their race, religion, nationality, gender, age, marital status, sexual orientation, or disability, or violate any laws related to these matters;
- encourage or facilitate illegal activities or the violation of laws, rules, or regulations;
- contain harmful files or viruses that could damage the website or users' devices;
- spam other users with repeated messages or derogatory comments, or post the same message multiple times under different names;
- include information or data that you have obtained unlawfully.
- We reserve the right to reject any content submitted by users that includes, but is not limited to, the following. In the event of repeated violations, we may terminate user access to the website without prior notice.
LIMITED GUARANTEE
While our website offers you the opportunity to purchase our products and services, we cannot guarantee that the descriptions provided are entirely accurate, complete, reliable, current, or free of errors. If you encounter a product or service on our website that does not align with its description, please inform us, and we will promptly take the necessary actions to rectify the situation.
GEOGRAPHIC RESTRICTION
We reserve the right, at our discretion, to limit the use or availability of any product or service to specific individuals, geographic regions, or jurisdictions as necessary.
USER RESPONSIBILITIES
- upload any content that is defamatory, infringes any trademark, copyright, or proprietary rights, violates anyone's privacy, contains violence or hate speech, or includes sensitive information about anyone;
- collect any market research for a competing business;
- misrepresent or impersonate any person or entity for illegal or fraudulent purposes;
- use viruses or hacking tools to interfere with the Website's operation, data, or files;
- use any device or automated mechanism to access the Website without our permission;
- report any inappropriate or illegal content that you become aware of;
- interfere with the proper operation of the Website, including by accessing data, files, or passwords through hacking or any other means;
- cover, obscure, block, or otherwise interfere with advertisements and safety features on the Website;
- impose an unreasonable load on our technical infrastructure.
Although it is not required for us to monitor or review the access or use of the Services or Content, we reserve the right to do so in order to operate the Services, ensure compliance with these Terms, and comply with applicable laws or other legal obligations. We have the discretion to deny you access to the Website or any service, or any part of the Website or service, without prior notice, and to remove any content.
GENERAL CONDITIONS
- The information provided on our website may not be reliable, accurate, complete, or up-to-date, and we do not guarantee its validity.
- We reserve the right to make significant changes to these terms and conditions, and we will notify you of such changes either through prominent posting on the website or via email communication.
- We grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to use the website solely for business purposes related to the Service, subject to all the terms and conditions of this Agreement.
- You acknowledge and agree that we are not responsible for addressing any claims that you or any third party may have regarding the website.
- Both you and we agree that in your use of the website, you will comply with any applicable third-party agreement terms that may be affected by such use.
- Use of Designs: The designs created and delivered to you are intended for personal use only. They should not be sold or used for commercial purposes without obtaining proper authorization. By receiving and using the designs, you acknowledge that you are solely responsible for their appropriate usage and adherence to any applicable copyright laws or regulations.
EXCLUSION OF LIABILITY
You acknowledge and agree that:
- We do not guarantee the accuracy, completeness, validity, or timeliness of any information listed on our website, including any information provided by third parties; and
- We shall not be responsible for any materials posted by us or any third party. Therefore, you must use your own judgment, caution, and common sense in evaluating any potential methods or offers and any information provided by us or any third party.
Furthermore, we shall not be liable for any direct, indirect, consequential, or any other form of loss or damage that may be suffered by you through the use of our website, including loss of data or information, financial or physical loss or damage.
In no event shall SVGMK Creative, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or exemplary damages, including without limitation, loss of profits, revenue, data, goodwill, or other intangible losses, resulting from:
- Your use or access of or failure to access or use the Service;
- Any conduct or content of any third party on the Service;
- Any content obtained from the Service; or
- Unlawful access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose.
CONFIDENTIALITY
We assure our clients/customers that we will keep any materials provided to us confidential and not share them with third parties unless it is required by law or our financial auditors or regulatory bodies. Any use or disclosure of this information beyond the scope of this Agreement is strictly prohibited.
NO RESPONSIBILITY
We do not accept any responsibility for the following:
- Any losses you might incur as a result of your inability to access our website, regardless of the reason;
- Any errors or omissions found on our website;
- Any losses that might result from your reliance on any comments, posts, or reviews on our website related to our services or those of our partners;
- The privacy policies and practices of third-party websites linked to from our website, even if you access them through links on our website;
- Any unauthorized access to, or loss of, personal information beyond our control.
SPAM POLICY
Engaging in illegal spam activities, including but not limited to collecting personal information or email addresses from others or sending unsolicited commercial emails, is strictly prohibited while using the Website or any of our Services. These activities are not permitted for any purpose other than the intended purposes of this website.
THIRD-PARTY LINKS
The Website may include links to External Sites that are not operated by us. These links are provided for your convenience, and we do not necessarily endorse the content on those External Sites. The content on External Sites is created and maintained by third parties, and you should contact the site administrator of those External Sites if you have any concerns. We have no responsibility for the content provided on any External Sites and make no representations about the accuracy or reliability of the information on such External Sites. It is your responsibility to take appropriate precautions, such as downloading files from these Websites, to protect your computer from viruses and other harmful programs. By accessing linked External Sites, you assume all associated risks.
PERSONAL INFORMATION AND PRIVACY POLICY
By using or accessing this Website, you consent to our processing, storing, or utilizing of your personal information in accordance with our Privacy Policy.
ERRORS, INACCURACIES, AND OMISSIONS
We have attempted to ensure that the information on this website is accurate and complete, but we apologize for any errors or omissions that may have occurred. However, we cannot guarantee that the website will be free of errors or suitable for your intended use, or that any defects will be remedied. We also cannot guarantee that the website or its server will be free from viruses or other harmful components. As a result, we do not offer any express or implied warranties, including but not limited to fitness for a specific purpose or accuracy, and we make no assurances regarding the full functionality, reliability, or accuracy of the website.
DISCLAIMER & LIMITATION OF LIABILITY
We do not provide any warranties, whether express or implied, for the Website and its Service, including its fitness for a particular purpose, error-free operation, and freedom from viruses or other harmful components. We explicitly disclaim all warranties, including those of title, merchantability, non-infringement, and fitness for a particular purpose. We shall not be held liable for any damages, including incidental, consequential, lost profits, or damages resulting from lost data or business interruption, arising from your use or inability to access and use the Website or its Content, even if we were advised of the possibility of such damages. The Website may contain technical inaccuracies, typographical errors, or omissions, which we are not responsible for unless required by law. Some information about the services may be available on the Website, but not all services may be available in every location. We reserve the right to make changes, corrections, and/or improvements to the Website at any time without prior notice.
No warranties.
SVGMK Creative specifically disclaims any implied warranties, including but not limited to merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, as well as any warranties arising from the course of dealing, usage, or trade. You are accountable for any and all damages that may result from utilizing or accessing the services, and SVGMK Creative shall not be held responsible for any loss, damage, or unavailability of any data you have provided through the services. It is your obligation to ensure that you have alternate copies of any data you have submitted via the services.
No guarantee of accuracy.
SVGMK Creative disclaims any liability for errors or inaccuracies in the information, content, recommendations, and materials provided through the services, as their accuracy cannot be guaranteed.
No warranties regarding third parties. SVGMK Creative does not make any representation, warranty, or guarantee, whether expressed or implied, regarding any third-party service or advice provided by a third party.
Technical Disclaimer
Although we endeavor to keep the website running without interruptions, SVGMK Creative cannot be held responsible for any temporary downtime due to technical difficulties outside of our control. If you have any additional questions or concerns about our website's disclaimer, please email us at info@svgmkcreative.com.
COPYRIGHT AND TRADEMARK
The materials available on the Website, which include but are not limited to text, graphics, images, designs, software, audiovisual works, and sound recordings, are protected by copyright and trademark laws. Unauthorized use of the materials may result in a violation of these laws. Your access to and use of the materials are subject to the terms of this Agreement, and any other use requires our written consent. When making copies of the materials, you must retain all copyright and proprietary notices from the original. You may not modify, reproduce, publicly perform, distribute, display, create derivative works of, sublicense, or sell the materials for any public or commercial purposes without our prior written consent. Posting the materials on another website or networked computer environment is strictly prohibited.
If you violate this Agreement, you lose the right to access and use the materials, and you must delete any copies of the materials that you have made. Our trademarks, service marks, and logos that appear on the Website are registered or unregistered trademarks or service marks owned by us. Other company, product, and service names found on the Website may be trademarks or service marks owned by other parties. You cannot use any trademarks without our prior written consent for each use, nor can you retransmit any Content without our express written consent for every use.
INDEMNIFICATION
By agreeing to this Agreement, you are agreeing to indemnify, defend, and hold us, our officers, directors, employees, successors, and licensees harmless from any claims, actions, or demands, including reasonable legal and accounting fees, resulting from your misuse of the Website or Content or your breach of this Agreement. We will promptly inform you of any such claim, lawsuit, or proceeding and will provide you with reasonable assistance in defending any such claim, lawsuit, or proceeding, at your expense. We reserve the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification under this section, and you agree to cooperate with us in defending such matter to the best of your abilities.
MISCELLANEOUS
SEVERABILITY
If any provision of these Terms is deemed unenforceable or invalid, that provision will be modified or removed to the minimum extent necessary to ensure that the rest of the Terms remain fully valid and enforceable.
TERMINATION
Term. We reserve the right to cancel or terminate the Services we provide to you at any time, with or without cause, by giving written notice. If we terminate these Terms, your Services subscriptions will also be terminated. We are not liable for any damages resulting from such termination.
Effect of Termination. Upon termination, the provision of Services will cease, and no refunds, pro-rated or otherwise, will be given for any fees paid or owed. Any outstanding fees owed to us will become immediately due and payable in full. We may also delete any of your archived data within a 30-day period. The sections of the Terms that are explicitly intended to survive or that should survive due to their nature, including indemnification, warranty disclaimers, and limitations of liability, will continue to apply even after the termination of the Terms.
ENTIRE AGREEMENT
This Agreement represents the complete agreement between the parties regarding the subject matter described herein.
DISPUTE RESOLUTION
In the event of a dispute between you and
www.svgmkcreative.com, we aim to resolve it promptly and with minimal costs. Therefore, you and
www.svgmkcreative.com agree to resolve any claims or legal disputes arising from this Agreement or the Services provided by
www.svgmkcreative.com as outlined in the "Dispute Resolution" section below. Prior to pursuing any of these options, you agree to contact us directly to seek assistance in resolving the dispute by contacting our Customer Service.
ARBITRATION OPTION
If a dispute arises between you and www.svgmkcreative.com, excluding claims for injunctive or other equitable relief, you may choose to resolve the dispute through non-appearance-based arbitration, which is a cost-effective alternative. If you elect to initiate arbitration, you must do so through an established alternative dispute resolution (ADR) provider that is mutually agreed upon by both parties. The arbitration will be conducted by telephone, online, or through written submissions, as chosen by the initiating party. Unless otherwise agreed, the arbitration will not require personal appearances by the parties or witnesses. If an arbitrator makes an award, the receiving party may enter a judgment on the award in any court of competent jurisdiction.
GOVERNING LAW AND JUDICIAL RECOURSE
The provisions of this agreement shall be interpreted and governed by the laws of Argentina, without regard to any conflict of law principles. Any dispute arising from the use of the Website shall be exclusively subject to the jurisdiction of the courts of the Argentina.
FORCE MAJEURE
If we are unable to perform our obligations under these Terms due to an event outside of our control, including but not limited to, an act of war or terrorism, natural disaster, power failure, riot, civil disorder, or other force majeure event, we will not be held liable to you, your users, or any third party for such failure to perform.
ASSIGNMENT
We reserve the right to transfer or assign this agreement to any third party, including our holding, subsidiaries, affiliates, associates, and group companies, without requiring the User's consent.
FEEDBACK CONTACT
We welcome feedback, comments, and suggestions for enhancing the Services ("Feedback"). You may share your feedback with us by sending an email to info@svgmkcreative.com.
