Last updated: January 2, 2014
These terms (“Logo Terms”) apply to your use the Squarespace Logo service (“Squarespace Logo”), through which you can use certain symbols to create and customize your own logo. These Logo Terms are in addition to the Terms of Services Agreement located at www.squarespace.com/terms-of-service and any other terms applicable to your use of Squarespace Logo available through Squarespace, Inc.’s (“Squarespace”) websites, and collectively shall be referred to as the “Agreement”. If any of these Logo Terms conflict with the Terms of Services Agreement, the terms set forth herein shall control to the extent they relate only to your use of Squarespace Logo, and otherwise the Terms of Services Agreement shall control.
Use of Services
Squarespace Logo and its contents may only be used in accordance with the terms of this Agreement. Squarespace Logo makes available to you certain symbols (“Symbols”) fonts, colors and other design elements (collectively with the Symbols, “Design Elements”) that you may use to create and customize your own Logo. Through Squarespace Logo, you may access the Design Elements and, subject to the terms and conditions of the Agreement, Squarespace Logo permits you to (i) use and create derivative works of the Design Elements solely in connection with your creation of your own logo (each, a “Logo”) and (ii) reproduce, display, perform and distribute the Design Elements solely in connection with your Logo. Low resolution versions of the Symbols are provided free of charge, but may be used for non-commercial use only. High resolution versions require payment and may be used for commercial use. If you desire to use the Symbols for commercial use you must pay for the high resolution version.
Prior to creating and using any Logo, Squarespace encourages you to perform due diligence to determine that the use of the Symbols is free of any adverse claims and is not subject to any third party rights. Symbols are provided through our third party content provider, currently The Noun Project, who obtains the Symbols from other third party contributors (each, a “Contributor”) and all use of the Symbols is AT YOUR OWN RISK.
You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Design Elements, 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 Design Elements or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners or (ii) in any way that violates any third party right. The rights to use the Design Elements contained in these Logo Terms are personal to you, and may not be transferred, sub-licensed, or assigned to any other party, in whole or in part. Without limiting the foregoing, in connection with your use of Squarespace Logo you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Design Elements other than as specifically authorized herein is strictly prohibited.
Third Party Material
You acknowledge that Symbols have been provided by our third party content provider through submissions from other third party Contributors. Under no circumstances will Squarespace or its third party content provider be liable in any way for any Design Elements, including, but not limited to, for any loss or damage of any kind incurred as a result of the use of any Design Elements. You acknowledge that neither Squarespace nor its third party content provider has any duty to pre-screen Symbols, but that Squarespace, its third party content provider and their respective designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Symbol that is available via Squarespace Logo. Without limiting the foregoing, Squarespace, its third party content provider and their respective designees will have the right to remove any Content that violates these Logo Terms or is deemed by Squarespace, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Symbols, including, without limitation, the existence of any third party rights that may exist in such Symbols.
DESIGN ELEMENTS OBTAINED THROUGH SQUARESPACE LOGO ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SQUARESPACE (ON BEHALF OF ITSELF AND ITS LICENSORS) HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE DESIGN ELEMENTS OR ANY OTHER ASPECT OF SQUARESPACE LOGO, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR THAT USE OF SQUARESPACE LOGO WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability
NEITHER SQUARESPACE NOR ITS THIRD PARTY CONTENT PROVIDER IS LIABLE TO YOU OR ANY OTHER PERSON (I) FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF SQUARESPACE LOGO (INCLUDING THE USE OF THE DESIGN ELEMENTS), UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SQUARESPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) FOR ANY DAMAGES IN EXCESS OF THE GREATER OF AMOUNTS PAID BY YOU FOR USE OF SQUARESPACE LOGO OR FIVE DOLLARS ($5.00).
You hereby agree to indemnify, defend and hold harmless Squarespace and its third party content provider and each of their respective officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively “Indemnified Parties”) from and against any claims, actions, suits, proceedings, losses, liabilities, judgments, settlement amounts, costs and expenses arising out of or relating to your use of the Logos, including, without limitation, all claims relating to your use of any Design Elements contained therein.