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Website Terms of Use

Last Update: 3rd October, 2012

Welcome to the websites of FlamingText.com Pty Ltd (FlamingText). The Terms of Use ("terms") set forth here explains your rights and legal obligations pertaining to the use of the www.flamingtext.com website, each of its sub-domains and also any other websites owned and operated by FlamingText (collectively, "this website"). By accessing or using this website, you accept these terms as a legally binding contract with FlamingText.com Pty Ltd and agree to comply with them. If you do not agree with any aspect of these terms, then you have no right to access or use this website.

License Grant

Unless otherwise noted, all material on this website is the copyright of FlamingText.com Pty Ltd, its affiliates and/or its contributors and is protected by international copyright and trademark laws. Subject to these terms, FlamingText grants you a restricted, non-exclusive, non-transferable license to download logos and other graphics generated by this website for personal and academic use. Under this license you are restricted from downloading logos generated by this website for commercial use.

Commercial Use

A commercial license is available for purchase if you wish to use the generated images in your commercial projects. We have a very simple pricing plan. With the purchase of a logo, FlamingText grants you a perpetual, royalty-free, non-exclusive, license to download the logo and use it commercially. Typical uses include T-Shirts, band artwork, posters, websites, games, apps, newsletters, in your web design work and/or any other commercial work that does not violate the terms of this agreement. Under a commercial license, you can on-sell a logo or include it in other artwork that you sell to your customers.

Personal or Academic Use

Provided you uphold the terms in this agreement, you are licensed to use all logos and graphics generated by this website in personal and academic work including emails, websites, blogs, birthday cards and/or any other non-commercial projects. Under this personal and academic use license you agree to make no claim that you created any of the graphics generated by this website, or any derivation of the graphics. Any graphic created under this license may be hosted by you, or with by us with our complementary service (on a FlamingText server).

If you host the graphic on your server, we would appreciate, but do not require, a link back to this website. Please use:

<a href='http://www.flamingtext.com/'>Logo Designed with FlamingText.com</a>

If you use our complementary image hosting service (also known as hot-linking), then we require a link back to our website on each page that contains hosted images. You can create your own link, or choose from the selection at linkus.flamingtext.com. This link must be visible to the user somewhere on the page. If such a link is not included we may add "flamingtext.com" or a similar watermark to the logo, replace the image with notice that a link back is required, and/or stop hosting that image. If you host with FlamingText you acknowledge that we make no guarantees as to the reliability of our hosting service. Further, we reserve the right to stop hosting images on our server at any time and without notice.

Restrictions

Without limiting the generality of the foregoing, you agree in consideration for using this website that you will not:

  1. use this website or any graphics generated by this website in any way that engages in or encourages conduct that would be considered a criminal offense, would give rise to civil liability or would harm, discrimate, grossly offend, defame, harass, threaten or otherwise violate the legal rights of others;
  2. build a collection that includes any graphics generated using this website, or derivation of the graphics, whether or not the graphics are commercially licensed - if you would like to build a collection please contact us;
  3. use profantity or other offensive words
  4. use automated means to extract or "scrape" logos or any other material from this website;
  5. attempt to decompile or reverse engineer any software contained on this website;
  6. remove any copyright or other proprietary notations from any material on this website;
  7. transfer any material on this website to another person or "mirror" the material on any other server.

Termination

You agree that FlamingText, in its sole and absolute discretion, may terminate your license to use this website, without notice and for any reason, including but not limited to your breach of any of these terms. Following any such termination, FlamingText shall have no further obligations, responsibilities or liabilities to you. Upon notice of termination, you agree to discontinue use of this website and to destroy any materials downloaded from this website that is in your possession whether in electronic or printed format. Notwithstanding anything to the contrary contained herein, in the event this agreement is terminated by either of its parties, you agree that your sole and exclusive remedy is to discontinue use of this website.

Disclaimer

THE MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS". FLAMINGTEXT MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, FLAMINGTEXT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THIS WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS WEBSITE.

To the best of our knowledge all of the clipart (ie. stickers, shapes, photos) hosted on this website are free to use in personal and commercial projects as declared by the sources from which they were collected. However, as per the disclaimer above, we do not guarantee the accuracy of any information provided by these sources and do not accept responsibility for any loss or damage arising out of your use of or reliance on information contained on or accessed through this website or from any of the aforementioned sources. Please make sure you check the licensing on individual images as they pertain to your situation to avoid any copyright issues.

FlamingText does not own any of the brand or product logos depicted within this site and we do not grant usage rights of these brand or product logos to anyone. All brand or product names, logos and trademarks contained within this site remain the property of their respective owners. The listing of any such brand or product names, logos and trademarks is not intended to imply any endorsement or direct affiliation with FlamingText.

Limitations

IN NO EVENT SHALL FLAMINGTEXT OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON THIS WEBSITE, EVEN IF FLAMINGTEXT OR A FLAMINGTEXT AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.

Privacy

You agree to be bound by the terms of our Privacy Policy.

Errata and Revision of Materials

The materials appearing on this website may include technical, typographical, or photographic errors. FlamingText does not warrant that any of the materials on this website are accurate, complete, or current. We reserve the right to make changes to any of the materials contained on this website at any time without notice. However, we do not make any commitment to correct or update the materials.

Links

FlamingText has not reviewed all of the sites linked to this website and is not responsible for the contents of any such linked site. The inclusion of any link on this website does not imply endorsement by FlamingText of the linked site. You agree that use of any such linked site will be at your own risk.

Modifications to Terms of Use

You agree that FlamingText in its sole discretion may add to, modify, remove or otherwise change any part of these terms at any time without notice. Please check these terms regularly to remain aware of your legal rights and obligations. Any changes to these terms will be effective when they are posted to this website. Your continued use of this website after the revisions have been posted, constitutes your acceptance of the revised terms.

Governing Law

Any claim relating to this website shall be governed by the laws of the Queensland, Australia without regard to its conflict of law provisions.



If you have any questions about these Terms of Use, please contact us. If you have other questions, please visit our Help page.