Wix Logo Maker – Additional Terms of Use
1.
Subject to advance payment of the stated fees for a Wix Logo, you will be free to use your Wix Logo for any commercial or personal use, subject to the below terms.
2.
By using Wix Logo Maker, you acknowledge, agree, warrant and undertake as follows:
2.1.
Icons, fonts, colors and other design elements offered to you through Wix Logo Maker (collectively the “Logo Elements”) are provided on a non-exclusive basis to all users of the Wix Services. We therefore cannot guarantee that your Wix Logo will not be significantly similar, or even identical, to Wix Logos of other users.
2.2.
You shall abide by all copyright and trademark laws, notices and 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 Elements in any way that violates any third party right or any applicable law, rule or regulation. We therefore highly recommend that you perform due diligence to determine whether use of your Wix Logo is free of any adverse claims and is not subject to any third party rights.
2.3.
THE WIX LOGO MAKER SERVICES AND LOGO ELEMENTS ARE FURNISHED AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TRADEMARK COMPLIANCE, LEGALITY, DECENCY, OR THE ABILITY TO REGISTER OR USE ANY WIX LOGO AS A TRADEMARK IN ANY JURISDICTION.
2.4.
Wix shall not be liable or responsible in any way for any direct, indirect, incidental, consequential, punitive, or exemplary damage, loss, or injury of any kind or nature incurred as a result of: (i) your use of any Logo Elements; or (ii) the content you provide as a part of your Wix Logo, including the accuracy and appropriateness of all data and content you submit during your use of Wix Logo Maker, including your business name, tagline and other details.
2.5.
You may or may not be able to register or use your Wix Logo as a trademark, and we recommend that you consult with an attorney regarding the availability of your Wix Logo for use and/or registration. You will not challenge the validity, legality, use, or registration as a trademark of any similar or identical logo that may be created and/or used by any other Wix Logo user using any of the Logo Elements for any goods or services (including competitive services), and you consent to the registration and use of such logos by other Wix Logo Users.
2.6.
You shall not use any Logo Element incorporated into your Wix Logo independently; you shall only use your Wix Logo as a whole and as downloaded by you upon purchase and subject to full payment of the fee.
2.7.
You shall not create any derivative work of or alter your Wix Logo once purchased and downloaded by you.
2.8.
Any changes made to Wix Logo after you make your purchase will create a new logo which you will need to purchase and pay for. Wix NEW LOGO Maker users may be able to make changes to their Wix Logo after purchase with no additional payment required. However, after download, any changes in the brand’s name itself will require additional purchase.
2.9.
You shall not copy or otherwise use in any way other Logo Elements displayed to you within Wix Logo Maker which you have not purchased and fully paid for.
2.10.
You shall not use the Wix Logo Maker to create a Wix Logo that is pornographic, sexually explicit, violent, or reasonably likely to cause harm, that is offensive, harassing, bullying, slanderous or libelous, or that is otherwise created or used for any illegal purpose.
2.11.
You undertake and agree to allow Wix to use in perpetuity, worldwide and free of charge, any version of your Logo Element (or any part thereof) to display for referential purposes within the Wix Logo Maker platform as well as for any of Wix’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Wix or anyone on its behalf relating to such limited permitted uses.
3.
Notwithstanding anything to the contrary in our general Terms of Use, fees paid for a Wix Logo are non-refundable. If you have reason to believe that you were mistakenly charged, please provide a written notice to Customer care within 7 days of purchase and request to cancel your Wix Logo fee. We will assess your eligibility for a refund at our sole discretion, provided however that your request for a refund was received up to 7 days from purchase, and, that you have not downloaded your Wix Logo.
4.
Please note that once you have purchased your Wix Logo package (not under the New Logo Maker), you will not be able to upgrade to another logo package, so make sure you pick the package that best suits your needs.